Board of County Commissioners
Tuesday, April 08, 2008 Meeting - Follow-Up Memo

Invocation and Pledge of Allegiance

Father Eric Dudley, Rector at St. Peter’s Anglican Church, provided the Invocation, and Commissioner Bryan Desloge led the Pledge of Allegiance.

Awards and Presentations 

§          Commissioner Rackleff presented a Resolution to Dr. Mary Jane Ryals, First Poet Laureate of the Big Bend.  Dr. Ryals read three of her poems for the Board.

• Commissioner DePuy presented a Resolution recognizing April 2008 as Child Abuse Prevention Month.

Approval of Payment of Bills and Vouchers Submitted for April 8, 2008, and Pre-Approval of Payment of Bills and Vouchers for the Period April 9, 2008 through April 21, 2008
(Office of Management and Budget – Alan Rosenzweig)
The Board approved Option #1:  Approve payment of bills and vouchers submitted for approval April 8, 2008, and pre-approve payment of bills and vouchers for the period of April 9 through April 21, 2008.

Acceptance of the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant and the Associated Memorandums of Understanding
(Public Services/Grants - Vincent Long/Don Lanham)

The Board approved Options #1, #2, #3, #4, #5, #6, and #7:

1.               Accept the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant and authorize the Chairman to execute.

2.               Approve the Memorandum of Understanding with the Tallahassee Police Department, and authorize the Chairman to execute.

3.               Approve the Memorandum of Understanding with the Leon County Sheriff’s Office, and authorize the Chairman to execute.

4.               Approve the Memorandum of Understanding with Florida State University’s School of Psychology, and authorize the Chairman to execute.

5.               Approve the Memorandum of Understanding with Florida State University’s Askew School of Public Administration, and authorize the Chairman to execute.

6.               Approve the Memorandum of Understanding with Apalachee Center, Inc./Ability 1^st for mental health services as they relate to the proposed Mental Health Court and the Community Competency Restoration process, and authorize the Chairman to execute.

7.               Approve the Resolution and associated Budget Amendment Request.

Adoption of Proposed Policy, "Leon County Volunteer Center Policy and Procedures"
(Public Services/Health & Human Services/Volunteer Services - Vincent Long/Candice Wilson/Jeri Bush)
The Board approved Option #1:  Adopt the proposed Policy, “Leon County Volunteer Center Policy and Procedures”.

Acceptance of the 2007 Concurrency Management Annual Report
(Growth & Environmental Management/Development Services - Vincent Long/David McDevitt/Tony Biblo)
The Board approved Option #1:  Accept the 2007 Concurrency Management Annual Report.

Acceptance of a Conservation Easement from Highway 20, LLC for the Star Pointe  Subdivision Project
(Growth & Environmental Management - Vincent Long/David McDevitt/John Kraynak)
The Board approved Option #1:  Approve and accept for recording the Conservation   Easement from Highway 20, LLC for the Star Pointe Subdivision project.

Authorization to File Suit Against Hunter-Knepshield Co., Inc. for Breach of Contract
(County Attorney/Public Works - Herb Thiele/Tony Park)
The Board approved Option #1:  Authorize the County Attorney to file suit against Hunter-Knepshield Co., Inc. for breach of contract.

Acceptance of Status Report on the Application by Lonnie Yarbrough for Comprehensive Plan Policy 2.1.9 Subdivision Property
(County Attorney - Herb Thiele)
Item #9 WAS PULLED FOR DISCUSSION.

§         County Attorney Thiele provided background on the item.

§         Speaker:  Everett Yarbrough explained the history of the issue and requested Board assistance.

§         Commissioner Desloge moved, seconded by Commissioner Dailey, to approve
Option #3:  Direct staff to amend Policy 2.1.9 of the Land Use Element of the Comprehensive Plan and corresponding implementing regulations in the Land Development Code to allow properties held by artificial persons to qualify for subdivision of property pursuant to Policy 2.1.9.

The motion passed 7-0.

Staff:   Planning – Vincent Long/Wayne Tedder

           GEM – Vincent Long/David McDevitt/Tony Biblo

Consideration of County Participation in the Economic Development Council's Corporate Relocation Proposal for Cypress Systems Inc., including the Development of a Biosciences Incubator
(Office of Management and Budget - Alan Rosenzweig)

§        County Administrator Alam provided a brief summary of the agenda item and proposal.

§         Speakers:

§        Beth Kirkland, Executive Director, Economic Development Council (EDC), introduced
Kim Williams, Chairman-elect of the EDC, who spoke in support of the relocation proposal.

§        Dr. Barbara Sloan, Tallahassee Community College, spoke in support of the relocation proposal.

§         Commissioner Thaell moved, seconded by Commissioner Rackleff, to approve
Option #2, as amended:  Do not authorize the Economic Development Council Leon County to proceed to submit a proposal for the relocation of Cypress Systems, Inc., committing up to $1.0 million toward the construction of a 10,000 sq. ft. facility at Innovation Park that would include 4,100 square feet for Cypress Systems, Inc. and the balance for incubator/shared space.

§         Commissioner Proctor expressed concern that there is no process for evaluating proposals submitted to the EDC and brought to the Board.

§         Commissioner Desloge made a substitute motion, seconded by Commissioner DePuy, to approve Option #1:  Authorize the Economic Development Council to proceed in submitting a proposal for the relocation of Cypress Systems, Inc., and if the relocation effort is successful, commit up to $900,000 from general fund balance toward the construction of a 10,000 sq. ft. facility at Innovation Park that would include 4,100 square feet for Cypress Systems, Inc. and the balance for incubator/shared space.

§         Commissioner Rackleff expressed apprehension to the proposal due to:

§        Lack of attendance of a representative from Cypress Systems, Inc.

§        The company is not a bio-technology company but rather produces a vitamin supplement. 

§        A business plan has not been submitted.

§        No apparent risk to the company.

§        No private capital being invested.  There will be approximately $2.5 million in local taxpayers’ money being used.

§        The Chief Operating Officer (COO) of the company is a convicted felon.

§         Commissioner Dailey supports the proposal and requested the motion be amended to include $300,000 for Goodwood Museum convention space.  The amendment to the motion was accepted by Commissioner Desloge.  The amendment was then removed and staff was directed to draft a budget discussion item regarding Goodwood Plantation (Refer to Commissioner Dailey’s discussion item).

§         Commissioner Thaell questioned whether the facility would generate property taxes, other than intangible taxes on equipment, since the building would be owned jointly by City, County, and Innovation Park – entities that do not pay property taxes.  In addition, he expressed concern regarding information provided by Commissioner Rackleff.

§         There was additional discussion by the Board.*

§         Commissioner Desloge moved, seconded by Commissioner DePuy, to call the question.

The motion passed 5-2, with Commissioners Proctor and Rackleff opposed.

       The substitute motion passed 4-3, with Commissioners Proctor, Rackleff, and Thaell opposed.

       Staff:     OMB – Alan Rosenzweig

* (For more detailed information on Agenda Item #10, please visit the County’s website: www.leoncountyfl.gov, to view the Commission Meeting.)

§         Commissioner Proctor moved, seconded by Commissioner Thaell, to limit discussion to 15 minutes on this item.  Commissioner Thaell subsequently removed the second to the motion; therefore there is no motion on the floor.

§         Guy Thompson, Executive Director of the Tourist Development Council (TDC), stated that the report is in response to questions from Commissioners.

§         Commissioner Desloge expressed several concerns with the clarity of the report, including:

§          Lack of strategic plan

§          Lack of evaluation of staff

§          Lack of development of relations with business community

§          Inability to communicate effectively and efficiently

§          Lack of knowledge of basic accounting methodologies

§          Lack of quorums at TDC meetings; members voting by email and proxy

§         Commissioner Rackleff stated that, with the economic downturn, the TDC needs a strategy on how to market the area and get visitors to come to the area.

§          In addition, Commissioner Rackleff stated the report raises more questions.

§         Commissioner Rackleff moved, seconded by Commissioner Desloge, to approve
Option #2:  Do not accept the Tourist Development Council's Financial and Management Status Reports.

§         Commissioner Proctor asked Russell Daws, TDC Chairman, about a memo sent to the Board stating that the TDC voted to retain Mr. Thompson.  Mr. Daws confirmed that the TDC did vote to retain Mr. Thompson.

§         Commissioner Proctor made a substitute motion, seconded by Commissioner Thaell, to approve Option #1:  Accept the Tourist Development Council's Financial and Management Status Reports.

§         Commissioner Dailey referred to a question that was included in the TDC Information Request (requests for information from Commissioners, sent by Chairman Sauls to the TDC Executive Director): “A copy of the Strategic Plan for the TDC from this date with specific answers regarding the vision of the TDC 1 year out to 5 years out or a time certain deemed appropriate by the Executive Director.” 

§          Mr. Daws stated that a strategic plan for the TDC will be developed and completed in
six – eight months.

§          Commissioner Dailey requested Mr. Daws provide a rough outline/timeline of the steps for the development of the strategic plan.

§          Commissioner Dailey announced that he plans to attend future TDC meetings.

The substitute motion passed 4-3, with Commissioners Dailey, Desloge, and Rackleff opposed.

Staff:     Tourist Development Council – Guy Thompson

(For more detailed information on Agenda Item #11, please visit the County’s website: www.leoncountyfl.gov, to view the Commission Meeting.)

§         Lillian Bennett, Human Resources Director, provided detailed information on the Program.

§         Commissioner Thaell moved, seconded by Commissioner Rackleff, to approve
Option #1:  Approve the development of a comprehensive County Wellness Program and provide funding in the amount of $25,000 in the FY 08/09 budget.

§         Commissioner Desloge asked if an amendment to the motion could be made to include the County would provide showers and lockers in the workplace.

§          County Administrator Alam stated that staff will bring back a budget discussion agenda item to address the showers and locker rooms.

                        The motion passed 6-0, with Commissioner DePuy out of Chambers.
                        Staff:    OMB – Alan Rosenzweig

§         County Administrator Alam gave an overview of the agenda item and stated that 28 employees have expressed interest in the Program.  He provided the timeline necessary for the County and employees to take advantage of the Program. 

§          He stated that the two criteria are 1) that the employee’s position does not have to be filled and 2) that there are positions that would not be approved for the Program because the work needs to continue.  There are approximately 17-19 persons that could qualify.

§         Commissioner Desloge stated support for the Program and that this is not an employee lay- off program.

§         Commissioner Rackleff stated that, in addition to the County’s 100 vacant positions, losing an additional 20 positions means that 120 persons will be out of jobs.  He expressed frustration regarding Constitutional Amendment 1 economic impact to local governments.

§         Commissioner Proctor stated that the County will be losing a good deal of experienced employees who may take advantage of the Program.  He addressed the negative effect that Amendment 1 will have on local governments and its citizens.

§         County Administrator Alam stated there is the option of accepting applications from employees and putting the Program on hold until budget workshops.

§         Commissioner Dailey moved, seconded by Commissioner Thaell, to postpone action on the Program until budget workshops.

§         There was considerable Board discussion. *

§         Commissioner Thaell withdrew his second to the motion; therefore, there is no motion on the floor.

§         Commissioner Rackleff moved, seconded by Commissioner Desloge, to approve
Option #1:  Accept the status report on the Voluntary Separation Incentive Program.

The motion passed 5-1, with Commissioner Thaell opposed and Commissioner DePuy out of Chambers.

Staff:    Human Resources – Lillian Bennett

*     (For more detailed information on Agenda Item #13, please visit the County’s website: www.leoncountyfl.gov, to view the Commission Meeting.)

§         Commissioner Thaell moved, seconded by Commissioner Dailey, to approve
Options #1, #2, #3, as amended, and #4, as amended:

1.                  Accept report on regulation of fences and other structures in the Canopy Road Protection Zone.

2.                  Direct staff to draft an ordinance amending the Land Development Code that would designate all fences located within the Canopy Road Protection Zone as of June 1, 2008 (or other date certain), as lawfully-established non-conforming uses.

3.                  Direct staff to apply and implement the regulations and provisions of the Land Development Code related to fences and structures within the Canopy Road Protection Zone, specifically:  allow existing, lawfully-established, non-conforming uses located within the Canopy Road Protection Zone to be reconstructed, remodeled, and repaired in accordance with the non-conforming use provisions of the Land Development Code.`

4.                  Direct staff to require property owners proposing the construction of new fences and the reconstruction, remodeling, or repair of existing, lawfully-established, non-conforming uses including fences located within the Canopy Road Protection Zone, to apply to the Department of Growth & Environmental Management.  The application shall be reviewed as follows:  initial review by the Canopy Roads Citizens Committee, with the Canopy Roads Citizens Committee to provide a recommendation to Department of Growth & Environmental Management staff regarding whether to approve the request, and associated conditions, such as modifications to the location, design, construction, or other characteristics of the use and/or structure; and final review by Department of Growth & Environmental Management, with discretion to approve, deny, or modify the request, based upon compliance with the Land Development Code and the recommendation of the Canopy Roads Citizens Committee.

§         Commissioner Thaell expressed his concern regarding allowing “remodeling” of fences.  He gave an example of a property owner replacing an unobtrusive fence with a very obtrusive fence.   He added that the County needs to preserve the beauty of its canopy roads.

§         David McDevitt, GEM Director, stated that GEM has never issued fence permits and explained the Option #3 provisions.

§         Commissioner Dailey withdrew his second; Commissioner Rackleff seconded the motion.

§         Commissioner Dailey called the question.  The motion passed 3-2, with Commissioners Rackleff and Thaell opposed.

The original motion to approve Options #1, #2, #3, as amended, and #4, as amended, failed 2-3, with Commissioners Dailey, Desloge, and Sauls opposed, and Commissioners DePuy and Proctor out of Chambers.

§         Commissioner Desloge moved, seconded by Commissioner Dailey, to approve
Options #1, #2, #3, and #4.

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

§         Commissioner Dailey moved, seconded by Commissioner Desloge, to approve
Option #1:  Conduct the second and final quasi-judicial public hearing and adopt the proposed Ordinance amending the Official Zoning Map to change from Rural to OS Open Space.

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

§         Speaker:  Selena Holman, President of Pasadena Hills Homeowners Association, was available for questions.

§         Commissioner DePuy moved, seconded by Commissioner Desloge, to approve
Options #1 and #2:

1.       Conduct the first public hearing and adopt a Resolution authorizing special improvements for Pasadena Hills 2/3 Paving Project, and authorize the Chairman to execute.

2.       Approve the Budget Amendment Request.

The motion passed 7-0.

§         Commissioner Rackleff stated that this project is close to FSU and Tallahassee and would like staff to ensure there will be adequate infrastructure for walking and that there will be bus service to the area.

§            County Administrator Alam stated that County staff will work with the City regarding provision of bus service.

§            Commissioner Rackleff moved, seconded by Commissioner Dailey, to approve Option #1:  Conduct the first and only quasi-judicial public hearing and approve the Type "C" Site and Development plan application for Horseman's Association Road, subject to those conditions recommended by the Development Review Committee, based on the findings of fact, conclusion of law, and conditions of approval, as set forth in the recommendations of the Development Review Committee.

                         The motion passed 7-0.

                         Staff:         Planning – Vincent Long/Wayne Tedder

§         County Attorney Thiele gave a brief overview of the history of developing a Noise Ordinance and stated that the proposed Ordinance is based on “reasonable person” standard.

§            Section 6 A. lists prohibited noises and activities between the hours of 8:00 p.m. and 7:00 a.m.

§            Section 7 lists exemptions to the Ordinance.

§            Law enforcement would consist of a civil citation (like a traffic ticket) and would be handled as such.  Violations would not be considered a criminal action.

§            Recommended under Section 2 – Conflicts, that language be added to reflect that the Ordinance does not conflict with Section 4-26, Leon County Code of laws relating to Animal Control.

§            Recommends that the effective date be revised to May 1, 2008.

 §         Commissioner Rackleff asked about the difference between the City’s and the County’s Noise Ordinances.  He asked if the different methodologies would make law enforcement difficult.

§            Mr. Thiele responded the City’s methodology is based on nuisance abatement as against the property; whereas, the County’s methodology is against the person.

§            Mr. Thiele stated that the Ordinance applies to unincorporated areas and therefore, would be addressed by the Sheriff’s Office.

§         Commissioner Thaell asked if Section 6 – H. included dogs.  Response – yes.  Commissioner Thaell asked about noise control of vehicles.  Mr. Thiele responded that there is a State Statute (Anti-Boom Box) that has a penalty provision that could be used by law enforcement.

§         Commissioner Thaell asked if a citizen oversight committee would review the effectiveness of the Ordinance.  He also asked if the Ordinance included vibration-control.

§            County Attorney Thiele stated that his office would be responsible to bring back a report on status of Ordinance.

§            Mr. Thiele added that a separate vibration control ordinance could be drafted.

§         Commissioner Desloge asked that the motion include a separate review of the Ordinance in six months to a year.

§         Speakers:

§            Frank Carter provided a two-page letter from residents around Coe Landing regarding the proposed Ordinance.  He stated that, in the rural areas, property owners have watch dogs to protect property from theft, vandalism, and wild animal (bears, coyotes) intrusion.  The watch dogs do bark loudly as a means of warning/notifying property owners. 
Mr. Carter requested the County include watch dogs as one of the exemptions in
Section 7, to add:  “the barking of watch dogs lawfully kept, maintained, and restricted to the owner’s property in rural areas.”

§            Wayne Crawley expressed concern regarding whether an owner would be fined if their dog barks when people/animals pass by property.

§            J. P. Lepez asked if the Ordinance would apply to persons working on trucks late at night in a residential neighborhood.

§            Estus Whitfield lives on Duparc Circle by Lake Jackson and is disturbed by noise from boats and duck hunters early in morning.

§            Deborah O’Connor from Hunters Crossing stated that there are dirt bikes revving motors and driving back and forth through green space in the neighborhood.

§            Shirley Erato stated that there are 14 dogs next door and the noise level from barking is unnerving and would like the County to limit the number of dogs that can reside in certain neighborhoods.

§            J. P. Halstead asked if the Ordinance would apply to the City of Tallahassee garbage trucks.

§            Dan Damerville lives on Sharer Road and stated that it is a noisy environment.

§         Major Alan Griner, Leon County Sheriff’s Office stated that the Ordinance would assist the Sheriff’s Office to get compliance with no need to arrest the offenders but issue a citation.

§         Commissioner Dailey stated that he has received several calls regarding hunting and ATVs on Lake Jackson.

§         County Attorney Thiele stated that the County has requested that Game & Fish take over jurisdiction for Lake Jackson but Game & Fish declined.

§         Commissioner DePuy asked about the Animal Control Ordinance relationship to this Ordinance.

§         Commissioner DePuy moved, seconded by Commissioner Desloge, to approve
Option #1, as amended:  Conduct first and only public hearing and adopt the proposed Noise Control Ordinance, effective May 1, 2008. 

§         Commissioner Thaell requested, that during the review the period, the Board address vibration disturbances.

§         Commissioner Rackleff stated that “barking dogs” needs to be included in the proposed Noise Control Ordinance because of the difficulty in enforcement of Animal Control’s Ordinance.

§         County Attorney Thiele stated that this Ordinance will not supersede Animal Control’s Ordinance, but rather be in addition to it.

§         There was continued Board discussion.*

The motion passed 7-0.

*     (For more detailed information on Agenda Item #13, please visit the County’s website: www.leoncountyfl.gov, to view the Commission Meeting.)

• Speaker:  Joe Kall, resident of Pasadena Hills subdivision, spoke regarding Agenda Item #16, opposed the way the Homeowners Association approached the petition for the 2/3 paving project and scheduling of Homeowners Association meetings to discuss the paving project.  Mr. Kall asked to be provided information.

§        Joe Brown Public Works Chief Engineer provided information to Mr. Kall.

• Provided the Board an update on the Conflict Counsel issue.  He stated that two counties and the Florida Association of County Attorneys will support Leon County in its efforts.  Mr. Thiele added that he believes the Florida Association of Counties and several other counties will join Leon County.

County Administrator

Discussion Items by Commissioners

Commissioner Rackleff

• Commissioner Rackleff moved, seconded by Commissioner Thaell, to request the County Attorney’s Office review the legality of providing $900,000 to a company with a Chief Financial Officer being a convicted embezzler.

The motion failed 2-4, with Commissioners Dailey, Desloge, Proctor, and Sauls opposed, and Commissioner DePuy out of Chambers.

Commissioner Thaell

• Requested staff provide a traffic analysis at Mahan Drive and Dempsey Mayo Road.

Staff:    Public Works/Engineering – Alan Rosenzweig/Tony Park/Joe Brown

• Thanked Commissioners who participated in the Climate Action Summit.

• Commissioner Thaell moved, seconded by Commissioner Rackleff, to request agenda items on the Climate Action Summit’s final report and update on the action plan on greenhouse gases at the April 22 or May 13 Board meeting.

§            Management Services Director, Kim Dressel, stated that the report on the action plan on greenhouse gases will not be ready and will be addressed at budget workshop.

The motion was amended to request the report on the action plan on greenhouse gases be brought to the Board as soon as possible.

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

       Commissioner Proctor

• Issued a Spring challenge to Commissioner Desloge on whether the best seafood restaurant is in District 1 or in District 4.  The challenge was accepted by Commissioner Desloge.

      Commissioner Dailey

• Commissioner Dailey stated that he would collect the information on the Goodwood Museum himself and enter into the record and requested to have it as part of the budget discussions.  He encouraged Commissioners to visit the facility and view the renovations being done and how it plugs into the economic development overall picture (refer to Agenda Item #10).

§          The County Attorney noted that if a Commissioner has a budget item for consideration, the item should be submitted to staff for review.

§          Commissioner Rackleff asked if staff could be directed to provide information on any individual Commissioner’s request to look at a project.

§          Commissioner Proctor stated that staff, rather than a Commissioner, collects research and information on projects.

Commissioner Dailey moved, seconded by Commissioner Proctor, to request staff reach out to Goodwood Museum and Gardens and collect all information and encouraged Commissioners to visit the restoration project and see how it ties in to economic development.

The motion passed 5-1, with Commissioner Rackleff opposed and Commissioner DePuy out of Chambers.

            Staff:    OMB – Alan Rosenzweig

      Commissioner Desloge

• Provided a draft of a proposed Memorandum of Understanding (MOU) with the City regarding fire services.  He added that the County would extend the current contracts until such time as an MOU is adopted.

Commissioner Sauls
 

• Reminded Commissioners of the Joint Workshop at Wakulla Springs Lodge on Thursday, April 10^th from 10:00 a.m. – 2:00 p.m.

Adjourn:              The meeting adjourned at 9:00 p.m.

                    The next Regular Board of County Commissioners Meeting is scheduled for Tuesday, April 22, 2008 at 3:00 p.m.