City Commission Meeting Summary - September 23, 2009
The City Commission met in regular session and took the following action:
Mayor Marks indicated that City Attorney James English was unable to attend the meeting due to illness and that City Attorney Lewis Shelley would be filling in for him.
Item 1 - Mayor Marks recognized Ms. Laura Rich and other family members of the Jean Rich Murray Living Trust Agreement for their $10,000 donation to the Tallahassee Animal Service Center. The Jean Rich Living Trust Donation was accepted by the City Commission on July 1, 2009.
Item 1.1 - Mayor Marks presented a proclamation proclaiming September 28, 2009 as World Rabies Day.
Items 2-6 - Voted 5-0 to approve the staff's recommendations presented in Consent Agenda Items 2-6, taking the following action:
Item 2 - Appointed Jeanne Kimball to serve on the Tallahassee Housing Authority, whose term shall expire April 2013. Also reappointed Chuvala Snell-Brown and Emory Mayfield to serve on the Tallahassee Housing Authority, their terms shall expire April 2013.
           Item 3 - Approved the 2010 City Commission meeting schedule as proposed.
Item 4 - Approved the appropriation of $35,499.49 from the following funds to the existing Animal Control (AC) Donations and Forfeitures work order (100-0800642) for the purpose of supporting animal shelter operational needs: $16,459.49 from the Animal Shelter Donations account (115-366005); $12,000 from the Animal Shelter Donations Reserve account (272237) and $7,040 from the Forfeited (spay/neuter) Deposits account (001-202046).
Item 5 - Approved acceptance of a $1,800 donation from Cash America Pawn and Equipment awarded by the Florida Department of Transportation (FDOT). Approved closing the D.A.R.E. donation account, establishing a new Crime Prevention and Public Safety Education Donation Account and authorized transfer of all remaining D.A.R.E. funds to the account. Approved a FY09 appropriation of $10,000 from the new Crime Prevention and Public Safety Education Account.
Item 6 - Approved the execution of grant documents that will provide StarMetro with Operating Assistance in the amount of $959,643 for FY 2010. The required 50% local match is met through the City of Tallahassee's General Fund Transfer to StarMetro's operating budget.
Item 7 - Discussed staff recommendation not to introduce Ordinance No. 09-Z-49 which would amend the Chabad House PUD Ordinance to waive payment of sidewalk fee-in-lieu. Voted 4 - 1 (Commissioner Lightsey opposed) to Introduce Ordinance No. 09-Z-49 and to set the public hearing for October 28, 2009. (brought forward by Lewis Shelley, City Attorney)
Item 8 - Received staff overview of the Community Human Services Partnership (CHSP) funding Distribution process, voted 5-0 to adopt the human service funding recommendation made by the Citizens Review Team and the Community Improvement Advisory Council; and authorized staff to negotiate and execute contracts. The following citizens involved with the CHSP appeared before the commission:Â Allen Franklin, Peter R. Brown Construction, Phyllis Bush, City of Tallahassee and Joe Schreiber Jr. of, McConnaughhay, Duffy, Coonrod, Pope and Weaver, P.A.
Item 9 - Discussed the Old McCrory's Site Commemorative Sidewalk to be located in the public right-of-way near the Seminole Tribe of Florida property (S.T.O.F.) and received a presentation by staff on plans to commensurate the 1960's Civil Rights Movement. Directed staff to develop the commemorative sidewalk design and to provide a final cost estimate and a potential construction schedule. Also directed staff to look for other levels of funding and to share the expense with the CRA. (presented by Dan Donovan)
Item 10 - Voted 5-0 to adopt the Resolution No. 09-R-34 Unnecessary Idling Resolution and authorized the proposed Community Unnecessary Idling Campaign. (brought forward by Cynthia Barber)
Item 11 - Voted 5-0 to adopt the concurrency agreement with the Mahan Village/New Horizon Development that provides a 75% reduction in transportation concurrency mitigation dollars. Representatives for the Mahan Village/New Horizon Development have submitted an application for concurrency relief under the Temporary Economic Emergency Concurrency Relief Program related to the linear infrastructure application for the Weems Road extension (brought forward by Bob Herman, Growth Management)
Item 12 - Voted 5-0 to approve the Ox Bottom Meadows Concurrency Agreement which allows the developers of the Ox Bottom Meadows, William J. Boynton, III and Hancock Bank to utilize the July 1, 2006 Concurrency Manual (instead of the 2008 Concurrency Manual) for any changes that may be requested for a period of two years from the date of approval of the proposed Concurrency Agreement. (brought forward by Bob Herman, Growth Management)
Item 13 - Voted 4-1 (Commissioner Gillum opposed) to approve the request of the developer of Ox Bottom Crest (a.k.a. Ox Bottom Hills), Ben Boynton, request for the City Commission to rescind the prior Concurrency Agreement, since the development is being modified from an age restricted community to a 183 single-family residential unit development. As a result of the proposed change, the developer is requesting a new Concurrency Agreement that will defer payment until just prior to formal approval of the final plat for a time period not to exceed 3 years. The proposed Concurrency Agreement also includes a request to calculate the required mitigation payment based upon the Concurrency Manual that was in effect at the time of the original development approval (2006 Concurrency Manual) rather than the 2008 Concurrency Manual. Commission directed staff to bring back additional information in regards to this issue. (brought forward by Bob Herman, Growth Management)
Item 14 - Voted 5-0 to approve the Public Sector Linear Infrastructure Variance Application that allows the first phase of the Weems Road extension to be constructed. (brought forward by Karen Jumonville, Growth Management)
Item 15 - Held the second and final public hearing to adopt the final FY 2010 Millage rate and Budget for the City of Tallahassee and the Downtown Improvement Authority.
Received a staff overview of the proposed 2010 Budget and the proposed Millage Rate, the final statutorily required public hearing on the proposed FY 2010 Budget.
1. Attorney Shelley read into record "the proposed millage rate for fiscal year 2010 is 3.7000 for the City of Tallahassee and 1.000 for the Downtown Improvement Authority, which is 5.14% more than the aggregate rolled back rate of 3.5365 mills. This increase will be used to fund general government services, such as public safety, throughout the city."
2. Allowed public input on the City's Proposed Millage Rate.
The following persons appeared before the commission relative to this item:
- Nancy Daniels, 1555 Clifford Hill Road, representing the Public Defender's Office, Leon County Youth Development (Supports developing the Palmer Munroe Community Center as a Teen Center)
- Jay Smith, 1544 Isabelle Court, representing Ajax Building Corp. (proponent of the proposed budget and millage rate)
- Todd Sperry, 11914 Steeds Run (opposed to the proposed budget and millage rate)
- John Fleming, 2588 Centerville Court (opposed to the proposed millage rate)
- Wayne Poppell, Resident of Gadsden County working in Leon County, representing Capital City Bank (opposed to the proposed budget and the elimination of police officers)
- Kristen Eurich, 1647 Eagles Landing Blvd #7, representing the Tallahassee Civic Chorale (opposed to cutting of arts and cultural funding)
- Lum Wiggins, 1823 Devica Drive, representing Scenic Heights (opposed to the proposed budget)
- Raul Soria, 1517 Levy Avenue #114, representing Alpine Apartments (opposed to the proposed millage rate)
- Steven Slade, 300 E. Brevard Street, representing the Big Bend Police Benevolent Association (opposed to the elimination of police officer positions)
- Peggy Brady, 2230 Brandemere Road, representing COCA and the Cultural Community (opposed to the cutting of arts and cultural funding)
- Anne Hodges, 158 Meadow Ridge (opposed to the cutting of arts and cultural funding)
- Mike Stehlik, 3125 Briar Wood Drive, representing the Tallahassee Museum (opposed to the cutting of arts and cultural funding)
- Todd Byars, 2318 San Mateo Court (opposed to the proposed budget and millage rate increase)
- Michael Harris, 3012 Hawks Landing (opposed the cutting of arts and cultural funding)
- David Watson, 7235 Heartland Circle, representing the Tallahassee Symphony (opposed to the cutting of arts and cultural funding)
- Jenny Wells, 6480 Joe Cotton Trail, representing Downtown Merchants and Business Association (opposed to parking fee increase)
- Lois Griffin, 2559 Shiloh Way (opposed to the cutting of arts and cultural funding)
- Jeff Andrews, 602 Talaflo Street (opposed the proposed budget and millage rate increase)
- Dorothy Inman-Johnson, 2121 Trescott, Drive representing United Partners for Human Service and CACAA (supports the proposed budget and millage rate increase)
- Terry Galloway, 1402 S. Meridian Street, representing the Mickey Faust Club and the Arts Community (opposed to the cutting of arts and cultural funding)
- Ted Thomas, 1469 Vieux Carre Drive, representing the Northeast Business Association (opposed to the proposed budget and millage rate increase)
- Susan Pourciau, 219 Mulberry Circle, Crawfordville, representing the Big Bend Homeless Coalition (supports the proposed budget and millage rate increase)
- Steven Fox, 915 Brookwood Drive (opposed to the cutting of arts and cultural funding)
- Kimberly Gallban, 3248 Storrington Dr., representing the United Partners for Human Services (supports the proposed budget and millage rate increase)
- Jim Maddox, 3119 Fieldstone Lane (opposed to cutting funding for parks and recreation)
- Jonathan S. M. Waters, 1572 China Grove, representing the Tallahassee Ballet (opposed to the cutting of arts and cultural funding)
- Penny Herman, 1596 Marion Avenue (opposed the proposed budget and millage rate increase)
- Warren Jones, 2539 Tallavanna Trail, Havana, representing Tallahassee Memorial Health Care (proponent of the proposed Budget relative to the Trauma Center)
- Freda Lyon, 3208 Castle Court, representing Tallahassee Memorial Health Care (proponent of the proposed Budget relative to the Trauma Center)
- Janet Pichard, 218 East Third Street, representing The Tallahassee Ballet (opposed to cutting arts and cultural funding)
- Erwin Jackson, 1341 Jackson Bluff (opposed to the proposed budget and millage rate increase)
- Don Wise, 3108 Ansley Park Dr., representing Camdix Development (opposed to the millage rate increase)
- Steven Hogge, 410 East 9th Avenue, representing the Council of Neighborhood Association (opposed to the proposed budget and millage rate increase)
- Matt Brown, 4032 McLaughlin Dr., representing the Tallahassee Chamber of Commerce (opposed to the proposed budget and millage rate increase)
- Brian S. Webb, 2487 Elfinwing Lane (opposed to the proposed budget and millage rate increase)
- Ray Monroe, 1514 Belleau Wood Drive (opposed to millage rate increase)
- Peggy Monroe, 1514 Belleau Wood Drive (opposed to the proposed budget and millage rate increase)
- Curtis Baynes, 1323 E Tennessee (opposed to the proposed budget and millage rate increase)
- Catherine Baels, 1421 Woodgate Way (opposed to millage rate increase)
- Evan Power, 2740 W. Tharpe Street #307 (opposed to the proposed budget and millage rate increase)
- Edwina Stephens, 608 Famcee Avenue (opposed to the proposed budget and millage rate increase, and opposed to the closing of Palmer Munroe Community Center)
- Joe Schreiber, 566 Beverly Court (supports the proposed budget and millage rate increase)
- Daniel Blair, 3424 Old St. Augustine Road #17Â (opposed to the proposed budget and millage rate increase)
- Don Wesolowski, 2201 High Road (opposed to the proposed budget and millage rate increase)
- Michael Rosenthal, 4045 Kilmartin Dr. (opposed to the proposed budget and millage rate increase)
- Carlos Ramirez, 4417 Westover Drive (opposed to the proposed millage rate increase)
- Tripp Forrest, 736-A Pointe Court (opposed to the proposed budget and millage rate increase)
- Altha F. Manning, 2607 S. Hannon Hill Drive (concerned with youth issues and opposed to the closing of Palmer Munroe Community Center)
- Ann Yarko, 1845 Belle Vue Way Apt. 229 (opposed to the proposed budget and millage rate increase)
- Larry Hendricks, 406 Alpha Avenue (did not speak) (opposed to the millage rate increase)
- Lucretia Thomas, 307 Bradford Road (opposed to the proposed budget and millage rate increase)
- Ashlee Lewis, 3291 Mission Road, representing Black on Black Rhyme (opposed to cutting of arts and cultural funding)
- Steve Stewart, 2904 Tyron Circle (opposed to the proposed budget and millage rate increase)
- Will Peters, 3424 Gallant Fox Trail (opposed to the proposed budget and millage rate increase)
- Charlie Peters, 3131 N. Shannon Lakes Drive (opposed to the proposed millage rate increase)
- Keith Rodgers, 1271 E. Orange Avenue, representing Black on Black Rhyme (did not speak) (opposed to the cutting of arts and cultural funding)
- Don Alexander, 3252 Hester Drive (opposed to the millage rate increase)
- Lillian Walker, 2006 Pecan Court representing, COCA (opposed to the cutting of arts and cultural funding)
- Darryl Jones, 1994 Darryl Drive (did not speak)
- Larry Hendricks, 2106 Alpha Avenue (concerned with the closing of the Palmer Munroe Community Center and opposed the proposed budget and millage rate increase)
3. Allowed public input on the City's proposed budget
4. Allowed public input on the Downtown Improvement Authority's proposed millage
5. Allowed public input on the Downtown Improvement Authority's proposed budget.
6. Discussed the adjustments to the City's proposed budget as recommended and received additional staff input and input from commissioners.
Voted 4 - 1 (Commissioner Lightsey opposed) to amend the proposed budget as indicated in the agenda item and also to reduce the transfer to GGCPA resulting in a reduction to the General Fund budget of $700,000.
7. Recalculated the proposed millage rate based on the $700,000 reduction to the General Fund and announced that the adjusted proposed millage rate of 3.6292, which exceeds the aggregate rollback rate by 3.14 percent.
Voted 3 - 2 (Commissioners Lightsey and Mustian opposed) to approve the adjusted proposed millage rate of 3.6292. The vote failed due to the statutory requirement of a super majority for the motion to pass.
Voted 4 - 1 (Commissioner Ziffer opposed) to amend the proposed budget to add $700,000 to the transfer to GGCPA. Read into the record that the recalculated rate 3.7000 mills exceeds the rollback rate by 5.14%.
Voted 4 - 1 (Commissioner Ziffer opposed) to approve the City's final FY 2010 millage rate of 3.7000 mills, Resolution No. 09-R-33AA as amended.
8. Voted 4 - 1 (Commissioner Ziffer opposed) to approve the City's Final FY 2010 Budget as amended.
9. Voted 5 - 0 to approve the Downtown Improvement Authority's Final FY 2010 millage rate of 1.0000 mill, as indicated in resolution number 09-R-33AA.
10. Voted 5 - 0 to approve the Downtown Improvement Authority's Final FY 2010 Budget.
11. Voted 5 - 0 to adopt appropriations Ordinance No. 09-O-45 as amended.
Voted 5 - 0 to approve the health care insurance premium rates for the FY 2010 plan year as provided.
Item 16 - Held a public hearing on Ordinance No. 09-O-24 Amending the Local Charity Contribution Preference in Purchasing and Contracting, voted 5 - 0 to adopt Ordinance No. 09-O-24.
Item 17 - Held the first and only public hearing of Ordinance No. 09-Z-33 amending the official zoning map to change the zone classification from the M-1 (Light Industrial) and PUD (Planned Unit Development) Zoning districts to the CP (Commercial Parkway) Zoning District. Voted 5 - 0 to adopt Ordinance No. 09-Z-33.
Item 18 - Held the first and only public hearing of Ordinance No. 09-O-38 adopting a Comprehensive Plan Amendment for the 2009 Annual Capital Improvements Element Update (Amendment No. 2009-CIE).
Larry Hendricks, 406 Alpha Avenue, appeared before the Commission relative to this item.
Voted 5 - 0 to adopt Ordinance No. 09-O-38 adopting a Comprehensive Plan Amendment for the 2009 Annual Capital Improvements Element Update (Amendment No. 2009-CIE).
Unagendaed Speaker
Joe Schreiber, 566 Beverly Court appeared before the commission relative to Taxi/Towing rates. Commended the Public Works Department a on job well done in regards to road improvements. Also discussed the McCrory's panel sidewalk design.