Minutes

SPECIAL COMMISSION MEETING

Tallahassee, Florida

October 19, 2005

The City Commission met in special joint session with the Board of Leon County Commissioners (County Commission) and the Leon County School Board on October 19, 2005, in the City Hall Commission Chamber. Present were Mayor Marks and City Commissioners Gillum and Lightsey; County Commissioners Thaell (Chairman), Sauls, Rackleff and DePuy; and School Board Members Costigan (Chair), Varn, Lewis, Bowen and Crumpler. Also present were Assistant City Manager Wright, City Attorney English; County Manager Parwez Alam; County Attorney Thiele; and School Board Superintendent and Ex-Officio Secretary Montford.

Superintendent Montford called the meeting to order at 5:40 p.m.

Superintendent Montford acknowledged the provision of refreshments by Leon County Schools Food Service, noting that the selection of snacks and the November menu, were indicative of changes in the school cafeterias. He invited the City and County Commissions to join the School Board for breakfast or lunch any day.

ANNOUNCEMENT

County Chairman Thaell announced that he had been asked to find out if there were any objections to rescheduling the November 24th Intergovernmental Agency (IA) meeting to another date, looking at a date prior the Thanksgiving break, and there were no objections.

City Commissioner Lightsey requested that the IA meeting be scheduled as a stand-alone meeting, rather than one to be held at the end of another meeting.

AGENDA MODIFICATIONS

Superintendent Montford ascertained that there were no changes or additions to the published agenda.

SENATE BILL 360 INFRASTRUCTURE PLANNING AND FUNDING ACT
(GROWTH MANAGEMENT LEGISLATION)

Item 1 was a staff review of key features of Senate Bill 360, the Infrastructure Planning and Funding Act (2005 Growth Management Legislation) (distributed in the agenda materials and retained on file in the Office of the City Treasurer-Clerk). An agreement provided by The Florida Department of Community Affairs (FDCA) for a grant, in the amount of $17,000, was presented for acceptance and approval, for the staff to proceed with preparing a first draft of an interlocal agreement for the new public school facilities element, school concurrency, and local intergovernmental coordination requirements, and allow the attorneys to proceed with the selection of a legal consultant to provide assistance through the process (Option 1 as presented by Planning).

Comprehensive Planning Manager Fred Goodrow reviewed the item and advised that timelines had been established, including adoption of the agreement of the respective boards/commissions by May 2006 and final approval of the grant acceptance by September 1, 2006. He clarified that the grant funds would be spent on hiring a consultant, who would be selected by the three legal departments.

City Commissioner Lightsey moved to authorize the signing of the grant agreement and School Board Member Bowen seconded the motion. The motion was rescinded pursuant to advice from the attorneys that separate votes were required.

On behalf of the City, City Commissioner Lightsey moved to authorize the signing of the grant agreement as recommended and upon second by City Commissioner Gillum, the City Commission vote was as follows:

AYE:             Commissioners Marks, Lightsey and Gillum

NAY:             None

ABSENT:     Commissioners Katz and Mustian

On behalf of the County, County Commissioner Sauls moved a like motion and upon second by County Commissioner Rackleff, the vote of the County Commission was as follows:

AYE:             County Commissioners Thaell, Sauls, Rackleff and DePuy

NAY:             None

ABSENT:     County Commissioners Winchester, Grippa and Proctor

On behalf of the School Board, Board Member Varn moved a like motion and upon second by Board Member Bowen, the vote of the School Board was as follows:

AYE:             Board Members Costigan, Varn, Lewis, Bowen and Crumpler

NAY:             None

STATUS OF CURRENT EDUCATION ELEMENT

Item 2 was a Leon County Schools (LCS) staff review of the current Education Element of the Comprehensive Plan, including the Goal, Objectives, and Policies (distributed in the agenda materials and retained on file in the Office of the City Treasurer-Clerk).

Dr. Jon Cramer presented the item as a review of the interlocal agreement, which had been in place since June 1998, addressing level of service (LOS) in terms of planning and growth, and the involvement of schools with the City and the County. He advised that the agreement included analyses of data and educational plant surveys, existing and future developments and related problems, population projections and trends, and stated that the elements within the interlocal agreement were very consistent with new legislation on growth management.

Commissioner Lightsey ascertained from Mr. Goodrow that the language in the Education Element, along with any amendments, would go into effect September 1, 2008, which was the deadline for amending the Plan to bring it into conformance with Senate Bill 360.

Board Member Lewis brought up a situation relating to a dilapidated service station that needed to be cleaned up more often, as it was not an acceptable environment for the students of nearby Nims Middle School. City Attorney English affirmed that the location needed more code enforcement and advised that City staff would attempt to get the owner to take some positive action to clean up the property.

Director of Planning Wayne Tedder advised that Item C.2. Attachment B provided a recap of the gaps remaining between Senate Bill 360 and the Education Element (retained on file in the Office of the City Treasurer-Clerk), and he confirmed that staff would track those issues.

County Commissioner Thaell moved to accept the report and upon second by Board Member Lewis, the vote was as follows:

AYE:             City Commissioners Marks, Lightsey and Gillum; County Commissioners Thaell, Sauls, Rackleff and DePuy; and Board Members Costigan, Varn, Lewis, Bowen and Crumpler

NAY:             None

ABSENT:     City Commissioners Katz and Mustian, and County Commissioners Winchester, Grippa and Proctor

Mayor Marks requested that the attorneys indicate when separate votes were needed, and brief discussion ensued indicating that separate votes were needed on contractual matters.

City Commissioner Lightsey briefly discussed her understanding that the state planned to issue some model policies and procedures for calculating concurrency and fair share issues, and local governments would need to make those policy decisions from an array of options. Mr. Tedder advised that a consultant had been retained to work on developing some model intergovernmental agency interlocal agreements as well as the Education Element. He stated that the interlocal agreement draft was anticipated to be ready in January 2006 and the concurrency agreement thereafter.

On behalf of the School District, Superintendent Montford thanked the City and the County for having the foresight to include an Education Element in the Comprehensive Plan, noting that many communities had not yet included an education element in the plan.

HIGHLIGHTS OF LCS SCHOOL PLANT SURVEY

Item 3 was a staff report on the highlights of the Leon County Schools (LCS) School Plant Survey. The staff’s recommendation was to authorize staff to advertise the 2005-2010 Educational Plant Survey for a public hearing and adoption on October 25, 2005 (recommended by LCS).

Mr. Paul Byrd, LCS Director of Facilities and Operations, reviewed the five-year survey and recommendations for new schools and their locations. He advised that the School Plant Survey established that LCS was in compliance with the Constitutional Amendment for Class Size Reduction and established a level of service (LOS) of 18 students per classroom for grades pre-Kindergarten through Third Grade, 22 students for grades Four through Eight, and 25 students for grades Nine through Twelve, and determined that the projections for growth in Leon County were met until 2010-2011, noting that any issues with the projections could be addressed as they arose. Mr. Byrd clarified that gave a Power Point presentation depicting data on enrollment trends.

Discussion focused on factors contributing to population shifts in the schools, including the No Child Left Behind Legislation. County Commissioner Rackleff determined from Superintendent Montford that the population of school age children in Leon County was increasing at a rate of about one percent (1%). County Commissioner Thaell pointed out that at the last count, 169 student evacuees from the last major hurricane hitting the State of Louisiana were enrolled in Leon County.

Additional discussion focused briefly on the School System being unable to complete its capital improvement plan with the revenues generated and being (-$70 million) short on school construction costs.

Board Member Bowen moved to accept the report on the LCS School Plant Survey and upon second by County Commissioner Sauls, the vote was as follows:

AYE:             City Commissioners Marks, Lightsey and Gillum; County Commissioners Thaell, Sauls, Rackleff and DePuy; and Board Members Costigan, Varn, Lewis, Bowen and Crumpler

NAY:             None

ABSENT:     City Commissioners Katz and Mustian, and County Commissioners Winchester, Grippa and Proctor

NEW SCHOOL CONCURRENCY REQUIREMENT

Item 4 was a staff update on new school concurrency requirement to provide a mechanism for coordinated planning between the City, the County, and the School District for the construction of schools in order to provide sufficient student capacity when and where needed, with the interlocal agreement and the prospective Public Schools Facilities Element requiring options for proportionate-share mitigation (presented by LCS and Planning).

Mr. Goodrow presented the item, and advised that the School Board must agree to mitigation agreements worked out by the developers and local government.

County Commissioner DePuy requested that the County Attorney provide an opinion at a future meeting as to whether local government needed to concern itself with the impact of private school enrollments in the County, described by Mr. Byrd as historically being about 10% of the public school enrollment.

City Commissioner Gillum left the meeting at 6:40 p.m.

Discussion focused on process and the need to wait for some guidance from the FDCA. County Commissioner Rackleff suggested that it would be helpful to have a document outlining a potential program and opined that it was important to get serious about the Southern Strategy. City Commissioner Lightsey opined that it would be helpful to ask staff to review significant developments occurring in the past two to three years, including number of units and status of schools, using per pupil cost fair share mitigation, to develop some practical illustrations. Mayor Marks stated his desire to see information on what each entity could do such as adjust school board boundaries and address concurrency issues, and Superintendent Montford suggested that, as an example, the staff could look at how a cooperative effort might build a new school in the Deerlake area.

Discussion continued relating to infrastructure issues. Commissioner Lightsey suggested that when looking at the map, staff need to look at vacant developable land absent all public land, and she noted the City had already implemented waivers of fees.

Board Member Lewis recommended that the School Board staff put together a document looking at mitigation needed for land development for schools.

County Chairman Thaell requested that the staff bring back a review of residential developments over the past 24 months and how they would have been treated under this new legislation.

Superintendent Montford confirmed with Mr. Goodrow that Planning staff could provide a map of vacant parcels that included buildable lots.

County Commissioner Sauls requested that the Planning staff also distribute copies of the affordability report that had been provided by local realtors.

Mr. Goodrow clarified that the direction to the staff was to review three PASS projects and three different area of the County, provide a map of vacant land and a copy of the affordability study.

Mayor Marks added a request for the staff to provide an analysis of what each government entity could do to address these issues, their responsibilities by law or otherwise, and if any of that would be jointly.

City Commissioner Lightsey requested that the staff provide an analysis of countywide revenue analysis on an impact fee, as a fair share mitigation where there is existing deficiency, looking at building permits and calculate what could have been raised had a school impact fee been in place the past couple of years.

County Commissioner DePuy asked that the staff also provide a concurrency report on trips available on roads, with an overlay depiction in that regard.

Mr. Goodrow advised that by statute, FDCA would annually look at the LOS for schools, pro rata share mitigation, the whole program as looking toward achieving capacity in the school system, how capacity would be maintained, and how and what data was being collected, and the capital improvement element, although the FDCA review would allow flexibility. He advised that School Board staff would bring back information on the varying LOS.

Superintendent Montford noted the use of classroom cottages to expand the schools, similar to former portable classrooms.

County Commissioner Sauls observed that the City Commission had lost a quorum.

OTHER ISSUES FROM THE JUNE MEETING

Item 5 was a review of issues brought forward from the June meeting, including a downtown school, sidewalk priorities, a new southside high school, crossing guards, and after school programs.

After School Program

Board Member Crumpler discussed the loss of future funding for the After School Program due to 21st Century funding becoming depleted and stressed the need to work together to address that issue as an urgent countywide problem. He moved that the Chair of the School Board, the Mayor, and the County Commission Chair appoint two people to come back to this joint group in 90 days and discuss those issues where the City, the County and the School Board could work more collaboratively, and suggested that some of the concerns and breakdowns ranged from transportation to impacts and problems associated with the three entities not stepping up to the plate and looking at this from a community standpoint.

County Commissioner DePuy and City Commissioner Lightsey left the meeting at 7:10 p.m.

There being no quorum, Board Member Crumpler asked for consensus direction that this group be appointed and charged with bringing back a recommendation on how to address this problem.

Mayor Marks suggested that the newly-formed Oversight Committee, Item 6, be given that added charge, as opposed to starting another new committee, and that an additioinal person be appointed to the Oversight Committee. Board Member Crumpler indicated he would support that suggestion.

Discussion ensued relating to the need to address the issue of funding and expanding the after school programs, making sure the funds were used most effectively and where the funds could be obtained when the School Board rank out of federal funding for the program in two years.

School Board Chair Costigan expressed concern with the workload being assigned to the three-person Oversight Committee, which had been appointed to oversee the interlocal agreement. Discussion continued in this regard and whether it would be in everyone’s best interests to have each entity appoint two people to inventory what was being done and what would be done when funding was depleted. Mayor Marks suggested that an additional person be appointed to the Oversight Committee.

School Board Chair Costigan agreed with Board Member Crumpler that a representative from the Parks & Recreation Department and the Library should be on the Committee since they were invested in this program.

Sidewalk Priorities

Board Member Crumpler thanked both the County Commission and the City Commission for their support of the sidewalk program to install sidewalks around the schools.

Downtown School

County Commissioner Rackleff opined that a downtown school would help revitalize the downtown, would help reduce overcrowding in the schools, would provide place for people who work in the downtown to have their children nearby. He suggested that a charter school be investigated as an alternative if a public school was not possible.

School Board Chair Costigan explained that her only concern with a downtown school was with the impact on the population of existing schools, and she noted that this would require a collaborative effort.

Superintendent Montford observed that there were a lot of possibilities for acquiring the Caroline Brevard building, one of the buildings that the State planned to dispose of as surplus property, and he noted that the County had first option on acquiring that building.

County Commission Rackleff noted that the Caroline Brevard building would not require much new infrastructure. He suggested that the downtown school be allowed to draw from schools countywide and pointed out they had worked in other cities.

County Chairman Thaell indicated his support for a downtown school, and recalled that a magnet school in the center city of Chattanooga, Tennessee had been a catalyst to spurring a lot of residential development in the downtown.

Mayor Marks opined that the Caroline Brevard building would be ideal for a school for performing arts, grades 1-12.

Superintendent Montford advised that the State Department of Education might be interested in using that building to house a “model classroom” for the state, which would help with the funding.

Southside High School

Brief discussion focused on targeting a new southside high school for school reform or signature programs.

County Commissioner Rackleff questioned where the students had gone from those schools that had lost enrollment, and School Board Chair Costigan explained that some schools had lost enrollment due to students moving to other schools. She stated that was one reason why rezoning the school districts did not work. Board Member Crumpler pointed out a disproportionate amount was also being spent on children from surrounding counties coming into Leon County. Superintendent Montford stated that Leon County had an open door policy and welcomed those students, but he acknowledged that there was a funding problem with students coming into the Leon County schools illegally. He noted that Leon County also had a sizeable home schooled population of approximately 700-800 students, who also attended public schools for specific classes and after school activities such as band and chorus.

Fort Braden Community City Building

County Commissioner Sauls confirmed the County’s continuing interest in acquiring the Fort Braden community center building.

OVERSIGHT COMMITTEE ACTIVATION

Item 6 was a review of the status of the Oversight Committee to monitor implementation of the interlocal agreement between the City, the County, and the School Board. Since the June 2005 meeting, the following appointments were made to the Oversight Committee and the staff was scheduling their first meeting before the end of the year:

City of Tallahassee:    Calvin McFadden

Leon County:               Bob Rackleff

School District:           Larry Carmichael

Superintendent Montford thanked these three members for agreeing to serve on this committee and he distributed copies the School Board appointee’s resume (on file in the Office of the City Treasurer-Clerk).

School Board Chair Costigan suggested that consideration be given to appointing another citizen to this committee.

ADJOURNMENT

Superintendent Montford directed the staff to select a date for the next City-County-School Board joint meeting.

 

 

There being no further business, the meeting was adjourned at 7:34 p.m. 

Approved:_________________________
                        Cliff Thaell, Chairman

 

ATTEST:

 

 

 

_____________________________  

Bob Inzer, Clerk of the Circuit Court