BOARD OF COUNTY COMMISISONERS

LEON COUNTY, FLORIDA

REGULAR MEETING

October 11, 2005

 

 

The Board of County Commissioners of Leon County, Florida, met in regular session October 11, 2005 at 3:00 p.m. with Chairman Thaell presiding. 

Present were Commissioners Proctor, Sauls, Winchester, Grippa, Rackleff, and DePuy.  Also present were County Attorney Herb Thiele, County Administrator Parwez Alam, Director of Finance Bill Bogan, Jr., and Secretary Diane F. Norvell.

Invocation and Pledge of Allegiance

 

The Invocation was provided by Reverend Wayne Cook, Trinity United Methodist Church, at the invitation of Commissioner Winchester which was followed by the Pledge of Allegiance led by Commissioner Grippa.

Awards and Presentations

 

·        Commissioner Proctor presented a Resolution to Elder Ernest Ferrell of Tallahassee, President of the National Primitive Baptist Convention USA, paying tribute to his service to the community for over 61 years.  Elder Ferrell has also served as the President of the Tallahassee Urban League and thanked Commissioner Proctor and the Board for this honor.

 

 

·        Resolution for “Put the Brakes on Fatalities”

Commissioner Thaell presented a Resolution proclaiming October 10th – 17th, 2005 as “Put the Brakes on Fatalities Week” to Charles Wu, Public Works Engineer and representative of the Florida Association of Professional Engineers, and Sheriff Larry Campbell.  This Resolution holds special meaning for Commissioner Thaell and others who have experienced a death in their family due to traffic accidents.  For more information people can go to “www.brakes on fatalities.org.”

Consent

 

ACTION TAKEN:  Items #8, #9, #15 & #16 were pulled for discussion.  Commissioner Grippa requested the Board put a hold on Item #16.  Commissioner Rackleff moved, seconded by Commissioner DePuy, to approve staff recommendations of the remaining Consent Items.  The motion passed unanimously 7-0.

 

1.         Approval of Minutes: August 30, 2005 Regular Meeting; September 13, 2005 Regular Meeting; and September 20, 2005 Regular Meeting  

 

The Board approved Option 1:    Approve the minutes of August 30, 2005 Special Meeting; September 13, 2005 Regular Meeting; and September 20, 2005 Regular Meeting.

 

2.         Approval of Payment of  Bills and Vouchers Submitted for Approval for October 11, 2005, and Pre-approval Payment of Bills and Vouchers for the Period from October 12 through October 24, 2005

 

The Board approved Option 1:  Approve payment of bills and vouchers submitted for approval for October 11, 2005, and pre-approve payment of bills and vouchers for the period October 12, 2005 through October 24, 2005.

 

3.         Approval to Renew the Agreement with Maximus, Inc. for Cost Allocation

Plan Preparation for FY 07

The Board approved Option 1:  Approve the renewal of the Agreement with Maximus, Inc. for Cost Allocation Plan preparation for FY 07.

 

4.         Approval of Resolution and Associated Budget Amendment Request to Increase the Supervisor of Elections Budget to Administer the City of

Tallahassee’s Coal Plant Referendum

The Board approved Option 1:  Approve the Budget Resolution and Associated Amendment increasing the Supervisor of Elections Budget to administer the City of Tallahassee’s Coal Plant Referendum. 

 

5.             Approval to Submit a Subgrant Application for Highway Safety Funds

 

The Board approved Option 1:  Approve the submission of the Subgrant Application for Highway Safety Funds, approve the Budget Resolution and Budget Amendment Form, and authorize the Chairman to execute.

 

6.            Ratification of Actions Taken at the September 13, 2005 Workshop on

           Tourist Development Programs and Initiatives

 

The Board approved Option 1:  Ratify the actions of the September 13, 2005 Workshop on the TDC’s Programs and Initiatives.

 

 

 

7.            Approval to Establish Regular Part-time Employment Status for

Emergency Medical Services Division

 

The Board approved Option 1:  Approve the establishment of 20 regular part-time Emergency Medical Services positions, seven positions to be filled immediately, and 13 positions to be phased in as needed.

 

8.            Request to Schedule a Public Hearing to Amend Ordinance No. 00-29

Relating to the Membership of the Leon County Research and Development Nominating Committee for October 25, 2005 at 6:00 p.m.

·        Commissioner Proctor pulled this item for discussion.  Commissioner Proctor asked County Administrator Alam if the County still owns Innovation Park. 

·        County Administrator Alam called on Benjamin Pingree, Office of Management and Budgeting to answer this question. 

·        Mr. Pingree reminded the Board that the Board created LCRD and that it is actually owned by the State of Florida as part of a long-term 90 yr. lease to the LCRDA; but, as he said LCRDA was created by this Board and it is a separate and distinct entity.  Therefore, the LCRDA can also be dissolved by the Board. 

·        Commissioner Proctor wanted to verify that the direction and control of LCRDA lies with the Board.  Commissioner Proctor expressed serious concern regarding the membership of the Leon County Research and Development Nominating Committee. Commissioner Proctor stated that the community’s perception is that the LCRDA Board is extremely pro- FSU.  Commissioner Proctor referenced a letter the Board received from Senator Lawson stating the Senator was not pleased with the Board’s use of the Innovation Park land. Commissioner Proctor questioned what the Senator was referring to in regard to the County not being ‘productive’ with the land. He also stated that the LCRDA Board should be well-balanced.

·        County Administrator Alam said that currently a staff person from the City of Tallahassee and the President of the Economic Development Council are the only members of the LCRDA Board.  County Administrator Alam stated that Commissioner Sauls had the same concerns that Commissioner Proctor expressed.  County Administrator Alam suggested that perhaps rather than the Director of the National High Magnetic Lab the President of the Capital City Chamber of Commerce could sit on the Board. Then they would have the EDC President, the President of the Capital City Chamber of Commerce, and a County Staff person instead of a City Staff person.  County Administrator Alam pointed out someone from the High Magnetic Lab was suggested to sit on the Committee because they are the anchor tenants.  He stated that any 3, 4, or 5 persons could sit on the Committee.

·        Commissioner Sauls noted that she had spoken with County Administrator Alam and had also asked that this item be pulled.  She suggested that if three people were seated on the Committee they could be:  the County Administrator (or his designee), the President of the Tallahassee Leon County Economic Development Council and a member of the Capital City Chamber.

·         Commissioner Sauls made a motion to have the aforementioned representatives to form the LCRDA Board; the motion was seconded by Commissioner Proctor.

·        Commissioner Grippa asked if the number of representatives for the LCRDA Board could be expanded to five instead of three.  Commissioner Grippa suggested that two seats go to tenants.

·        Commissioner Sauls stated she had no problem with expanding the number of people on the Committee; but, her main concern is that the Committee be as neutral as possible without favor leaning toward FSU or FAMU. 

·        Discussion by the Board ensued regarding the entities involved in the decisions regarding Innovation Park. The Board agreed that there should be a more balanced representation on The LCRDA Board.

·        Commissioner Sauls moved, seconded by Commissioner Proctor to amend the Ordinance to include a nominating Committee comprised of the County Administrator (or designee), and a representative from  the Capital City Chamber of Commerce.

·        Commissioner Grippa requested two occupants of Innovation Park also serve on the nominating committee.

·        Commissioner Sauls accepted the amendment to the motion to add a representative from the FSU/FAMU College of Engineering and a representative from the National High Magnetic Field Laboratory.  Commissioner Proctor withdrew his second of the motion.  Commissioner Rackleff seconded the motion. 

·        More Board discussion ensued.

 

The Board approved Options 1 and 2 as amended:  1) Schedule a Public Hearing for October 25, 2005 at 6:00 p.m. to amend Ordinance #00-29, regarding the Leon County Research and Development Authority Nominating Committee membership, and 2) Prepare the amended Ordinance to include a nominating committee comprised of the County Administrator (or designee), a representative from the Tallahassee/Leon County Economic Development Council, a representative from the Capital City Chamber of Commerce, a representative from the FSU/FAMU College of Engineering, and a representative from the National High Magnetic Field Laboratory.  The motion, as amended, passed 6-1, with Commissioner Proctor opposed.

 

9.            Ratification of Board Actions Taken at the September 20, 2005 Workshop

on Innovation Park

·        Commissioner Proctor stated that he opposed this item with the same objections he expressed on Agenda Item #8.

 

Commissioner Winchester moved, seconded by Commissioner Sauls to approve Option 1:  Ratify the Board actions taken at the September 20, 2005 Workshop on Innovation Park Priority Recommendations.  Motion passed 6-1, with Commissioner Proctor opposed.

 

10.       Approval of a Joint Neighborhood Recognition Committee Comprised of      

the County, City of Tallahassee, and Council of Neighborhood Associations

 

The Board approved Options 1, 2 and 3:  1)  Approve the establishment of a Joint Neighborhood Recognition Program and Committee with the City of Tallahassee and the Council of Neighborhood Associations.  2)  Dissolve the Board-appointed County Neighborhood Recognition Committee and its By-Laws.  3)  Authorize participation in a joint awards ceremony with the City of Tallahassee and the Council of Neighborhood Associations at the annual Council of Neighborhood Associations banquet.

 

11.       Approval of a Communication Plan for Hurricane Preparedness

 

The Board approved Options 1 and 2:  1) Authorize County Administrator to execute public information efforts regarding hurricane preparedness.  2)  Approve the Budget Amendment Request transferring $25,000 from the general contingency fund for public information efforts regarding hurricane preparedness.

 

12.       Approval to Renew the Agreement Between Leon County and the

Tallahassee Community College Emergency Medical Services

Technology Program

 

The Board approved Option 1:  Approve the renewal of the Agreement between Leon County and the Tallahassee Community College Emergency Medical Services Technology Program.

 

13.       Acceptance of Two Conservation Easements from Lea Manifold

 

The Board approved Option 1:  Approve and accept for recording the Conservation Easements from Lea Manifold for the Manifold Limited Partition Subdivision.

 

14.       Acceptance of One Conservation Easement from Eva Lloyd and Eurecka Brown

 

The Board approved Option 1:  Approve and accept for recording the Conservation Easement from Eva Lloyd and Eurecka Brown for the Lloyd Brown Limited Partition Subdivision.

 

15.      Acceptance of Status Report on the Permitting of the I-10 Widening

Project in the Lake Jackson Basin and Approval to Develop a Joint  

Participation Agreement with the Florida Department of Transportation

·        Commissioner Winchester pulled this Item for Discussion to thank the County Public Works Department and FDOT for their efforts regarding the protection of the Lake Jackson basin by creating a new 15-acre stormwater retention facility.

·        Commissioner Grippa thanked Commissioner Winchester for his hard work that ended up saving the Leon County taxpayers a tremendous amount of money.

·        Commissioner Proctor also thanked Commissioner Winchester for his hard work and advocacy.

 

Commissioner Winchester moved, seconded by Commissioner Grippa to approve Options 1, 2 and 3:  1) Accept the status report on the permitting of the I-10 widening in the Lake Jackson Basin.  2)  Authorize Public Works staff to develop a Joint Participation Agreement with the Florida Department of Transportation.  3)  Authorize Public Works staff to utilize Florida Department of Transportation contribution for existing stormwater projects.  The motion passed unanimously.

16.      Approval to Issue a Request for Proposals for Continuing Civil

          Engineering Services Contract

·        Commissioner Grippa pulled Item #16 for discussion.  He requested that staff have RFP talk about hourly rates and take a look at total costs in a way that is similar to what DOT and our blueprint staff does.

·        County Administrator Alam stated that can only be done once the County knows what projects are being worked on.

·        Commissioner Grippa asked if the Board could have performance based criteria before a firm is chosen to complete a project where there is not just a flat hourly rate; and, suggested there be a maximum amount spent on any one project.

·        Tony Park, Director of Public Works stated that RFP is based on quality of work. He also indicated that staff looks at the total cost of a project at the “front end”  before awarding a civil engineering firm a project.

·        Commissioner Grippa said he would move the item; but, at some point he wanted to discuss a “cap” being put on projects and take a look at what procedures DOT and the City use to determine the cost of a project.

 

Commissioner Grippa moved, seconded by Commissioner Winchester to approve Options 1 and 2:  1) Approve the issuance of a Request for Proposals for Continuing Civil Engineering Services Contracts. 2) Approve the extension of the Continuing Services Contracts for Allen Nobles & Associates, Inc.; Camp, Dresser & McKee, Inc.; Genesis Group; Kimley Horn & Associates, Inc.; The LPA Group, Inc.; Moore Bass Consulting, Inc.; Post, Buckley Schuh & Jernigan; Reynolds, Smith and Hills, Inc.; Spectra Engineering & Research, Inc.; and Wilson Miller, Inc. for an additional three months until January 12, 2006.  The motion passed unanimously.

17.       Approval of Contract Extension for the Stormwater Flow Monitoring Program with the Northwest Florida Water Management District

 

The Board approved Option 1:  Approve the Amendment extending the Contract for the Stormwater Flow Monitoring Program with the Northwest Florida Water Management District and authorize the Chairman to execute.

 

18.       Approval of Cooperative Funding Agreement with Northwest Florida Water Management District for Okeeheepkee Prairie Regional Stormwater Treatment Facility Construction

 

The Board approved Option 1:  Approve the Cooperative Funding Agreement with the Northwest Florida Water Management District for the Okeeheepkee Prairie Regional Stormwater Treatment Facility Construction and authorize Chairman to execute.

 

19.       Approval of Resolution for Exchange of Property for a Portion of Katydid

Lane

 

The Board approved Option 1:  Adopt the Resolution for the exchange of property for a portion of Katydid Lane and authorize the Chairman to execute the corresponding documents.

 

20.       Adoption of Resolutions Transferring Property Rights in Favor of Florida Department of Transportation to Facilitate the Interstate 10 Improvement Project

 

The Board approved Option 1:  Adopt Resolutions transferring property rights in favor of Florida Department of Transportation to facilitate the Interstate 10 Improvement Project and authorize Chairman to Execute Conveyance Documents.

 

21.       Acceptance of Florida Department of Environmental Protection Innovative Recycling Grant; Approval of the Associated Resolution and Budget Amendment; and, Authorization to Execute the Cooperative Agreement Between Leon County and Florida State University for Work on the Innovative Grant

           

The Board approved Options 1, 2 and 3:  1)  Accept the Innovative Recycling Grant from the Florida Department of Environmental Protection in the amount of $200,000 and authorize the Chairman to execute the Grant Agreement.  2)  Approve the associated Resolution and Budget Amendment.  3)  Approve the Cooperative Agreement with Florida State University and authorize the Chairman to execute.

22.      Consideration of Back-up Provider for Debris Removal Services

 

The Board approved Options 1 and 2:  1) Find it in the best interests of the County to waive the bidding requirements, pursuant to Section 7 of the Purchasing Policy, for the  purpose of providing back-up debris removal services.  2)  Authorize staff to negotiate an agreement with AshBritt Environmental, effective through May 31, 2006, and authorize the Chairman to execute same.

 

23.       Approval of Energy Savings Agreement with Energy Systems Group

           

The Board Approved Option 1:  Approve the Energy Savings Agreement

with Energy Systems Group and authorize the Chairman to execute the Agreement contingent upon project financing approval.

 

24.       Approval to Issue a Request for Proposals for Architecture, Engineering,  and Interior Design Services for the Southeast Library

 

The Board approved Option 1:  Approve the issuance of the RFP for Architecture, Engineering and Interior Design services for the Southeast Branch Library. 

 

25.       Approval of Resolution Transferring Personal Tangible Property Assets to the State of Florida and the Leon County School Board

 

The Board approved Option 1:  Approve the Resolution transferring personal tangible property assets to the State of Florida and to Lively Technical Center.

 

26.       Authorize Temporary Closure of a Portion of South Calhoun Street Behind the Courthouse for the Underground Installation of Mechanical Piping and Voice/Data Conduit

 

The Board approved Options 1 and 2:  1) Authorize the temporary closure and re-routing of traffic of a portion of South Calhoun Street behind the Courthouse for the underground installation of mechanical piping and voice/data Conduit.  2)  Do not amend the agreement with Peter Brown Construction, increasing the Guaranteed Maximum Price by $77,176, to reduce the time frame for road closure from 18 days to 12 days (from October 19, 2005 to October 31, 2005/Midnight).

 

 

 

27.       Request to Schedule Two Public Hearings to Adopt an Ordinance Amending Chapter 10, Article XIV, Division 1, Leon County Code of Laws, Regarding Aquifier/Wellhead Protection for October 25, 2005 and November 8, 2005 at 6:00 p.m.

           

The Board approved Option 1:  Authorize staff to schedule Two Public  Hearings, the first for October 25, 2005 at 6:00 p.m., the second for November 8, 2005 at 6:00 p.m. to adopt an Ordinance Amending Chapter 10, Article XIV, Division 1 of the Leon County Code of Laws regarding Aquifier/Wellhead Protection.

 

ADD-ON:

Request to Approve Travel Expenses for Commissioner Bill Proctor to attend Scheduled Meetings on Issues Regarding the Leon County Fairgrounds in Washington, D.C. on October 19 – 23, 2005.

The Board approved the Request for Travel Expenses.

 

Commissioner Grippa wanted to correct a remark he made earlier in regard to the ownership of the High Magnetic Lab.  It is actually operated by Florida State, University of Florida, and the Los Alamos National Laboratory and the National Science Foundation, the State of Florida.  There is also an oversight group made up of representatives from those various entities.  So, FSU does have an oversight although it is a small percentage.  A group called NHML, the Advisory Board that actually operates the Mag Lab.

General Business

 

28.       Request to Schedule Annual Board Reorganization for November 22, 2005 at 5:00 p.m.

 

Commissioner Sauls moved, seconded by Commissioner DePuy, to approve Option 1:  Approve the scheduling of the Annual Board Reorganization for November 22, 2005 at 5:00 p.m.  The motion passed 6-0, with Commissioner Winchester out of Chambers.

 

29.       Approval of Agreement and Change Order with Blankenship Contracting,  for the Killearn Lakes Units 1 and 2 Sewer Project for a Project Total of

$4,226,121   

·        County Administrator Alam pointed out that the Bid came in at approximately $4.8 million and the County had $4.2 million in the budget.

 

 

 

·        Commissioner DePuy wanted to make sure he understood correctly that Mr. Blankenship was saying that he wanted less money, by several hundred thousand dollars to do this project.  County Administrator Alam said that the County has reduced the ‘scope’ of the project by that amount. 

·        Commissioner DePuy stated this is excellent news to hear that sewer service is actually going to cost less in Commissioner Grippa’s District.

·        County Administrator Alam also pointed out that another reason the project is going to cost less money is that there is only going to be one pumping station instead of two.  He assured the Board that the one station would be sufficient to handle the sewage.

 

Commissioner Sauls moved, seconded by Commissioner DePuy, to approve Options 1 and 2:  1)  Approve the Agreement with Blankenship Contracting, Inc., for the construction of the Killearn Lakes Units 1 and 2 Sewer Project reducing the contract price by $651,985 resulting in a revised price of $4,226,121.66 and authorize the Chairman to execute.  The motion passed 6-0 with Commissioner Winchester out of Chambers.

 

30.       Approval of an Amendment to the Contract with Kimley-Horn and

Associates for Final Design and Preparation of Construction Documents for theTharpe Street Improvement Project

·        Commissioner Grippa made a motion, seconded by Commissioner Sauls to approve option 1.

·        Commissioner Proctor inquired whether monies could be moved for the Mahan Drive project.  Commissioner Proctor suggested the Board try to move forward with the Mahan Drive Project instead since the money for the Tharpe Street Project will just be sitting there.

·        County Administrator Alam said several million dollars are budgeted for the Tharpe Street project that could be moved to the Mahan Drive Project.    A move of monies to the Mahan Drive Project would definitely help the County if the Fallschase 163 development plan is approved.  Mr. Alam said the Tharpe street project is already on hold; and they can’t go forward with it. 

·        Commissioner Proctor said that if the Fallschase Project is approved; then, the monies available should be put into the Mahan Drive Project to expedite the widening of Mahan. Referring to the recent Commission Workshop on Emergency Preparedness; Commissioner Proctor expressed concern that this widening of Mahan occur as soon as possible. Mahan Drive is a major artery to I-10 as an evacuation route if needed; which should take priority.

·        County Administrator Alam discussed the total cost of the Mahan Drive widening Project and the Tharpe Street Improvement Project.

·        Commissioner Rackleff stated the County needs to find new revenue sources for the completion of road projects.

·        There was additional Board discussion.

 

 

Commissioner Grippa moved, seconded by Commissioner Sauls, to approve Option 1) Approve an Amendment to the Agreement with Kimley-Horn and Associates, Inc. for Final Design and Preparation of construction documents for the Tharpe Street Improvement Project in the Amount of $1,489,539 and authorize the Chairman to execute.  The motion passed 6-0 with Commissioner DePuy out of Chambers.

 

31.       Approval of Joint Project Agreement with Conservation Community   Group, LLC and Conservation Community Group II, LLC for the OGCM Stabilization of Pisgah Church Road

  • County Administrator Alam stated there are some modifications to the Agreement that the County Attorney’s Office will have to make in terms of form and sufficiency.
  • County Attorney Thiele stated that any changes would be minor.  If his Office discovers any substantial changes they would have to bring this item back.
  • Commissioner Grippa pointed out the benefits of using OGCM.

 

Commissioner Grippa moved, seconded by Commissioner Proctor to approve Option 1:  Approve Joint Project Agreement with Conservation Community Group, LLC and Conservation Community Group II, LLC for the OGCM Stabilization of Pisgah Church Road subject to the approval of the County Attorney’s Office for form and sufficiency prior to execution by the Chairman.  The motion passed unanimously 7-0.

  • More Board discussion ensued.
  • Commissioner Proctor questioned the use of OGCM for private roads.
  • County Administrator Alam pointed out that OGCM has a life of seven or eight years.  So, if  private roads are allowed to use OGCM; and, then the County takes over the roads seven or eight years later the general taxpayers are going to end up paying to improve the roads.
  • Commissioner Grippa pointed out that the Conservation Group is paying for the OGCM so they can go forward with their Development. 

 

 

32.     Consideration of “Retroactive” Application of Stormwater Standards to

          Existing Lots

·        County Attorney Thiele stated that this topic is more deserving of a workshop setting rather than as an agenda item.  He gave a quick overview of the issue which is that there are many subdivided lots throughout Leon County that do not have a stormwater facility.  The question is does the County want to start requiring individual lot owners to install stormwater facilities in their single family lot.

·        Commissioner Thaell brought this item to the Board since he felt the Board’s current position is strongly in favor of the County and he would like to see a better balance.  Commissioner Thaell invited a speaker on this issue.

 

·        Mr. Jim Mills, 4407 Cripple Creek Drive stated that Commissioner Thaell visited his property to discuss this issue.  Mr. Mills brought pictures to illustrate the problems he is facing.  Mr. Mills admits he had a drainage problem prior to the construction of a new lot where a new driveway, house and culvert were built causing major flooding problems on his lot and others.  Mr. Mills wanted to emphasize that the matter before the Board as to what is done with existing lots has a great impact on people who own the property.

·        Commissioner Thaell said that in his opinion this matter is a private property rights issue.

·        Commissioner Grippa stated that Mr. Mills raises a real problem.  Rather than a regional stormwater facility Commissioner Grippa suggested and made a motion for Option 2. 

Commissioner Grippa moved, seconded by Commissioner Sauls to approve Option 2, as amended:  Do not direct the County Attorney’s Office

to draft an ordinance amendment to effectuate “retroactive” application of stormwater standards to existing lots, and schedule issue for a Workshop. The Motion passed unanimously 7-0.

  • Commissioner Proctor asked about the legality of “retroactive” application.
  • County Attorney Thiele stated that retroactive application is legal when referencing ‘vacant’ lots; but, already constructed permitted single family homes do not qualify for retroactive application.

 

33.       Approval to Revise the County’s Concurrency Management Policies and Procedures Manual to Provide Authorization for County’s Development Review Committee to Approve Concurrency Proportionate Share Traffic Mitigation Agreements of $250,000 or Less

  • County Administrator Alam explained that this item proposes the Board authorize the Development Review Committee, DRC to approve proportionate share agreements with a cost of less than $250,000. 
  • Commissioner Thaell asked if there was any provision for the Board to appeal a decision made by the DRC.
  • County Attorney Thiele said “no” since the DRC is in effect the Board.
  • There was additional Board discussion.
  • David McDevitt, GEM Development Services Director stated that Staff initiated bringing this Item to the Board.  If Staff has to agenda a project to come before the Board that can extend a project completion date by 4–6 weeks.

 

Commissioner Grippa moved, seconded by Commissioner Rackleff to approve Option 1:  Approve the revision of the County’s Concurrency Management Policies and Procedures Manual to provide authorization for County’s Development Review Committee to approve Concurrency Proportionate Share Traffic Mitigation Agreements of $250,000 or less, as recommended for approval by the County Attorney’s Office to the County’s Development Review Committee.  The motion passed 6-1 with Commissioner Proctor opposed.

34.       Approval of Concurrency Agreement for Summerfield Planned Unit Development Project

County Administrator Alam pointed out that Summerfield Development has agreed to pay for the $569,000 improvement which is well beyond their proportioned share. Staff is recommending approval.  A speaker was invited to be heard.

  • Mr. George E. Lewis, stated this agenda item is premature because the Summerfield Project needs a better defined contract.  Mr. Lewis said he has asked the County Attorney to tell him who is going to pull the permits, who is going to do the work, who is going to pay the Worker’s Compensation.
  • Doug Hall, with Carlton Fields Law Firm, representing Arbor Properties the developer of Summerfield stated that this process needs to move forward irregardless of a pending lawsuit.  In order for Arbor Properties to do the PUD that was already approved by the Board; this Agreement needs to be approved tonight.
  • Commissioner Winchester stated he was surprised to see this on the agenda since this agreement is in litigation and asked County Administrator Alam why it is on the agenda.
  • County Attorney Thiele said it was his understanding that the Developer made the request through the County Staff to put it on the agenda.
  • Commissioner Winchester said he considered this to be another ‘slap in the face’ for Lake Jackson and he thinks this project is premature.  Commissioner Winchester said he thinks Commissioner Proctor hit the nail on the head earlier when he asked if we were selling the right to acquire property in order to acquire trips.  Commissioner Winchester expressed great concern over the lack of submission and therefore approval of the final site plan for the Summerfield Project and the fact that the concurrency terms have not been decided yet.

 

Commissioner Winchester moved, Seconded by Commissioner Rackleff to approve Option 2:  Do not approve the proposed Concurrency Agreement for the Summerfield Planned Unit Development project.

  • Commissioner DePuy referred to the concept of ‘legislative intent’ and the direct questions asked by Mr. Lewis that no one responded to.  Commissioner DePuy asked the County Attorney to answer Mr. Lewis’ questions.
  • County Attorney Herb Thiele responded that for the capital improvements required by paragraph 4 the developer has the responsibility for all of those costs whatever they may be – insurance, worker’s compensation, cost of construction.  The developer will need to get permits from DOT and the County, he assumes to do the improvements.  The cash contribution will ultimately fall into he assumes a Public Works Project some day.
  • County Administrator Alam added that also the design and the construction documents would be the responsibility of the developer, since we are creating a record.

 

Commissioner DePuy made a substitute motion, seconded by Commissioner Sauls to approve Option 1, as amended:  Approve the proposed Concurrency Agreement for the Summerfield Planned Unit Development project, and look at dollars for pedestrian improvements.  The substitute motion passed 5-2, with Commissioners Rackleff and Winchester opposed.

·        There was considerable Board discussion regarding:

-          lack of plans for pedestrian access to Canopy Oaks Elementary School, and the future Northwest Community Center and Northwest Library

-          proportionate share relating only to traffic, no mention of other ways to move people/children in this plan

-          considerable lack of transportation choices

-          children who live in this subdivision don’t have a foot/bike path connected from the subdivision to the school/park

-          use of proportionate share for pedestrian improvements

-          presumption that the developer is going to win the current lawsuit they are involved in

Scheduled Public Hearings 6:00 p.m.

 

35.       First and Only Public Hearing to Adopt a Proposed Ordinance Amending Chapter 11, Article XVII, Section 11-531, Code of Laws of Leon County, Entitled “Creation of a Primary Health Care Implementation Advisory Board” 

      THIS ITEM CONTINUED TO OCTOBER 25, 2005 AT 6:00 P.M.          

                 

County Attorney

Distributed a memo regarding the Wakulla County/N.G. Wade Investment Company, Inc. Settlement Agreement, stating that the deadline for entering into Interlocal Agreement with Wakulla County is extended to January 15, 2006.  The only thing changing is the ‘deadline’ date.

Commissioner Proctor moved, seconded by Commissioner Sauls to ratify the County’s signature of the second Settlement Agreement. The motion passed unanimously 7– 0.

 

County Administrator

Wanted to remind Commissioner Thaell and the Board that the County Picnic is this coming Saturday, October 14th, from 11:00 a.m. to 3:00 p.m. at J. Lee Vause Park and that he would be personally grateful if the Commissioners attended.

Introduced Jennie Khoen, PIO, who announced the City/County United Way Kickoff is Friday, October 14th at Kleman Plaza.  The Kickoff starts at noon.

 

Discussion Items by Commissioners

 

Commissioner Rackleff

Appointed Gloria Nelson to the Senior Outreach Advisory Committee

Requested time at the beginning of the November 8th, 2005 Board Meeting for a brief presentation by our new Tal-Tran Director about the new Renaissance Plan

Has received complaints about speeding on St. Augustine Road between W.W. Kelley and Louvinia Roads and is requesting Staff look into that

Has also received complaints about airboats on Lower Lake Lafayette making too much noise late at night.  Asked the County Attorney to look into a muffler requirement for airboats and how it could be enforced since there is only one place the boats can dock.

Has also received complaints about the City’s airport plan to encroach on Cascades Lake which would basically wipe out several acres of cypress trees in that lake.  Requested Chairman Thaell bring this issue up at with the Mayor.

In regard to the subject of ‘proportionate fair share’ – the level of service used should be reviewed by Staff in a way similar to DOT’s multi-modal level and begin to apply this in the Board’s permit decision making so that it is no longer just an afterthought

Commissioner Rackleff moved, seconded by Commissioner Grippa to have staff review the applicability of DOT’s multi-modal level of service for the County and also review the proportionate fair share level of service and bring back as an agenda item.  The motion passed 5-0, with Commissioners Proctor and Sauls out of Chambers.

 

Commissioner Grippa

Wanted to know why there hadn’t been a quorum for (PRAT) Parks and Recreation Advisory Team and notification to members of cancelled meetings

The Board asked staff bring back an incentive to try to move from mobile homes to building “stick-built” housing to give increased densities for example.  Asked if there could be an agenda item on this at the next meeting

Asked if Wayne Tedder could bring something back about this item at the next meeting

Wayne Tedder, Planning Dept. stated he needed to know what area exactly Commissioner Grippa was speaking about.  Was he speaking about the southern strategy area or a much larger area like the entire southern part of the community.  Commissioner Grippa said he wanted Staff to bring the Board options from the widest area to the smallest

Commissioner Thaell suggested the agenda item offer more options for transition from mobile homes to “stick-built” home developments especially in consideration of their vulnerability to hurricanes

Commissioner Grippa said he would make is a requirement that development stay “affordable housing”

 

Commissioner Winchester

Met with the Mayor regarding the annexation issue regarding the Lake Jackson stormwater standards.  The City approved the issue anyway.  The City is aggressively continuing to annex property.  Some City Commissioners, including Commissioner Lightsey said they are interested in looking at that issue again.

Said that the Mayor raised the issue of the Board reconsidering its action regarding authorization of Franchise Agreements for Water Service Area.

Is still working on the issue of annexation of property on West Lakeshore Drive.  Has asked Staff to bring back recommendations to the Board.

Wants to ask Staff to bring back a re-zoning item 2 MR-1 in the Northwest Capital Circle Industrial Park in November.

Commissioner Winchester moved, seconded by Commissioner Sauls to approve Board initiation of a re-zoning for the property in Industrial Park off NW Capital Circle.

Said he keeps receiving calls from Mr. Wimberly and requested a status report on the proposed racetrack.

David McDevitt stated he would forward a copy of the status report on the proposed racetrack to the Commissioners.

 

Commissioner Sauls

Asked for information regarding the Pine Dove Conservation Subdivision that she keeps getting e-mails about.

 

Commissioner Thaell said he asked the County Attorney’s office to inform him whether this development is a Type B or Type D.

 

Commissioner Rackleff said he will be meeting with the homeowners who live in the area of the development and will bring the information he receives to the Board.

 

Commissioner DePuy

Informed the Board that he and Sheriff Campbell have agreed to be the recipients of “pies in the face” for the United Way Kickoff Pie throwing Contest.

Wants to set an agenda item to discuss the recent decision by the U.S. Supreme Court and what they view as the rights of local government to use “eminent domain”.  In the latest decision rendered, the Supreme Court is saying that local government can now get involved in displacing private citizens as a local government.

Commissioner DePuy moved, seconded by Commissioner Sauls to have staff bring back an agenda item regarding adoption of a Resolution on the issue of eminent domain and the recent decision by the U.S. Supreme Court.  The motion passed unanimously 6-0, with Commissioner Grippa out of chambers.

Commissioner Thaell asked County Attorney Thiele if this matter hadn’t been addressed to some extent.  County Attorney Thiele said the Board had requested an “Overview Memo” on this subject that had been sent out.

 

Commissioner Proctor

Commissioner Proctor expressed his deep condolences to Commissioner Thaell on the loss of his mother.  He commended the Commissioner’s ability to conduct the meeting tonight.

Requested Staff review the possibility of the Fifth Floor Offices relocating.  The Fifth Floor could serve as an Emergency Management Headquarters.

Announced the week of October 10th – 14th, 2005 is the week of the Big Bend Minority Enterprise Development Week that is ongoing at TCC.  There is a luncheon at the University Center at FSU on Friday, October 14th with Dr. Bill Law, President of TCC, serving as the speaker. 

Requested the Board contemplate reviewing the current lien policy for residents who agreed to 2/3 – 2/3 project to enable these residents to sell their property with the stipulation that they then pay back the County what they owe. 

 

Stated it was the community’s privilege to have the Honorable Maxine Waters, who is the Congressional Representative for the 35th District in California come to the Innovation Baptist Church to help raise money to rebuild.  Called upon the community to make donations. 

 

Introduced students from Xavier University in New Orleans who have been displaced due to the devastation caused by Hurricane Katrina.  Florida A & M University has welcomed students.  Commissioner Thaell waived protocol so Mr. Odell McKnight could speak for the students.  Mr. McKnight said they were very grateful to FAMU for all they had done, but; they have other needs that need to be addressed as soon as possible such as housing, books, food, and healthcare. 

 

Commissioner Thaell welcomed the students to our community.  He mentioned that about 1,000 people are now in the community living under similar circumstances.

 

The Bond Health Clinic will provide free healthcare for these students.

 

Commissioner Proctor moved, seconded by Commissioner Grippa to have staff review options for assistance to those displaced by Hurricane Katrina.  The motion passed unanimously 7-0.

 

Commissioner Thaell waived protocol so that Mr. Lamar Bailey could render comments on our community’s need to step up and assist these students whom he commends for trying to stay in school despite having just lost their homes.

     

 

            Commissioner Thaell

 

 

Requested that Staff bring back a report concerning the impact of expanding the airport runway.

 

Made a request for a Resolution for C.J. Johnson, Public Works Department regarding his retirement.

 

Is concerned about the algae blooms on Lake Munson.  Wants Staff to take a look at this matter and bring a report to the Board.

 

Commissioner Winchester moved, seconded by Commissioner Rackleff for staff to agenda an item regarding Water Resources Committee comments on the water quality aspects of septic tanks and drainfields.  The motion carried 6-0, with Commissioner Grippa out of chambers.

           

 

Receipt and File

 

Comcast Federal Communications Commission Forms 1240 and 1205 regarding the Cable Franchise Agreement

 

 

There being no further business to come before the Board, the meeting adjourned at 6:30 p.m.

 

The next Board of County Commissioners Meeting is scheduled for

Tuesday, October 25, 2005 at 3:00 p.m.

 

 

                                         

                                                                        ____________________________

                                                                        Cliff Thaell

                                                                        Chairman

 

 

 

 

 

__________________________

Bob Inzer

Clerk of the Court