April 06, Commissioners in attendance: Ronald Williams George Skinner Jennifer Flinn (arrived late) Dewey Weaver Elizabeth Porter

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1 BOARD of COUNTY COMMISSIONERS Minutes of: April 06, 2006 The Board of County Commissioners met in a regular scheduled meeting at 7:00 p.m. at the School Board Administration Office. Chairman Williams called the meeting to order. Sheriff Gootee opened with prayer. Commissioners in attendance: Ronald Williams George Skinner Jennifer Flinn (arrived late) Dewey Weaver Elizabeth Porter Others in Attendance: County Manager Dale Williams Deputy Clerk Sandy Markham County Attorney Marlin Feagle BCC Secretary Carolyn Baker MAYO FERTILIZER, INC. The Board of County Commissioners considered a resolution approving the issuance by the Columbia County Industrial Development Authority ( IDA ) of Industrial Development Revenue Bonds (Mayo Fertilizer, Incorporated Project), Series 2006 in a principal amount not to exceed $5,000,000. The proceeds of the bonds will be used by Mayo Fertilizer, Inc. for the purpose of financing the costs of acquisition, construction and equipping of a fertilizer manufacturing facility to be located in the County at 413 N.E. McColskey Avenue. The issue does not require any guarantees on the part of the county. The Chair declared the public hearing open immediately after Attorney Feagle read the resolution. There being no public input; the public hearing closed. MF read the heading of the resolution Motion to approve the resolution by Commissioner Weaver. Second by Commissioner Skinner. The motion carried unanimously (4-0 Commissioner Flinn arrived after the vote.) COLUMBIA HIGH SCHOOL BAND Ms. Debbie Sceelbach addressed the Board on behalf of the CHS Band to request the Board financially assist the band with a trip to state competition. The band has collectively raised $2000, but has a remaining balance due of $1500 for transportation. Ms. Sceelbach and Band Director Atkins reviewed the band s list of accomplishments, awards, and contributions to the community. There was discussion as to whether this request meets the criteria for receiving special projects funding. Commissioner Flinn feels the band represents Columbia County and meets a public purpose by giving back to the community through their music. Further, 1

2 the band is open to anyone interested in being a part, and like other school organizations, she feels they meet the guidelines for receiving funds. Motion by Commissioner Skinner to donate $500 from his special projects funds. Second by Commissioner Flinn for further discussion. Commissioner Porter was not convinced the organization and their request qualifies for the funding. She pointed out there are other school groups who give back through their entertainment, and to approve this request will open the floodgates for school related funding requests that perhaps would be best submitted to the School Board. She asked for Attorney Feagle s input. Attorney Feagle offered it is the task of the Board to determine whether a request meets requirements according to legislative guidelines. Unfortunately, there is no bright guiding principle as to what defines public benefit, but we must use our very best judgment and follow the opinion of the Attorney General. Commissioner Porter asked if a request had been made to the School Board for assistance. Mr. Atkins responded, They allocated a pool of money, but that pool has long been depleted. We are totally service oriented to the community. Commissioner Weaver was hesitant to grant the request. I personally believe the band does a service to the community, but I believe we ll be opening Pandora s box if this is approved. He was inclined to vote against the request, and voiced that a standard needs to be established. He offered to make a contribution from his personal funds if the motion did not pass. Commission Flinn contributed to the discussion, I ve seen commissioners give discretionary funds over and over to basketball teams, baseball teams and the list goes on. The band should be treated equally. Commissioner Porter responded, We have given to groups in the past, but it was before we changed our policy. The sports groups we donate to now are countywide groups. It is a small select group. Private money is fine, but not tax money. Commissioner Flinn assured Commissioner Porter that she was not correct in her recollection and that there have been donations since the changing of the policy. Commissioner Williams expressed that any time the money will help children, even if it is one, it is worth the donation - No matter the sport. As far as I m concerned, if they represent this county, then it is for this county. There was a call for the question. The Chair asked the Board to prepare to vote on whether the request meets a public purpose. The Clerk called for clarification of Commissioner Skinner s motion. He clarified, It s a motion to approve discretionary funds for the band. Attorney Feagle interjected the appropriate motion at this time would be to find the request meets a public purpose. 2

3 Commissioner Skinner s motion was withdrawn. Commissioner Flinn s motion was withdrawn. Motion by Commissioner Skinner to find the request qualifies under the legislative guidelines to receive discretionary funds. Second by Commissioner Flinn. The motion carried 3-2 with Commissioner Weaver and Porter voting in opposition. Donations made to CHS Band: Commissioner Skinner $500 Commissioner Flinn $500 Commissioner Weaver $250 Commissioner Porter $250 Donations made to Fort White Band: Commissioner Williams said that since the $1500 request had been met, that he would make a $2000 contribution to the Fort White Band. MEMORANDUM of AGREEMENT The Board considered a Memorandum of Agreement between the Office of Tourism Trade and Economic Development and Columbia County, Florida. The purpose of the agreement was to document the terms and conditions of a partnership between the Office of Tourism, Trade and Economic Development and Columbia County for the implementation of the Rural Area of Critical Economic Concern designation. Motion by Commissioner Weaver to approve the Memorandum of Understanding, and appoint IDA Director Jim Poole and his assistant Ms. Gina Reynolds as the county s representatives. Second by Commissioner Porter. The motion carried unanimously. BUILDING & ZONING Subdivisions Preliminary Plat Approvals SD 0202 Forest Country, 6 th addition Dist III. Motion by Commissioner Skinner to approve. Second by Commissioner Flinn. The motion carried unanimously. SD 0204 Meadow Wood Dist II. Commissioner Weaver expressed he as well as the county s engineer have concerns with the subdivision as it relates to the intersection of Koonville Highway and the drainage design. Motion by Commissioner Weaver to recommend approval with the understanding that the concerns must be resolved. Second by Commissioner Flinn. The motion carried unanimously. 3

4 CONSENT AGENDA County Manager Williams pulled item #23 for separate discussion. (1) Invoice Florida Association of Counties Trust - $ (2) Invoice South East Environmental Geology Bascom Norris Drive $4, (3) Invoice Suwannee River Economic Council, Inc. Administrative Services Fiscal Period from January 1, 2006 through March 31, 2006 $6, (4) Invoice Darabi and Associates, Inc. Engineering Services $11, (5) Invoice Darabi and Associates, Inc. Engineering Services $1, (6) Invoice Darabi and Associates, Inc. Winfield Landfill Groundwater Monitoring - $3, (7) Columbia County Emergency Medical Services Refund Request Lake City VA - $ (8) Columbia County Emergency Medical Services Refund Request Sydney Lawson - $31.20 (9) External Budget Amendment - Public Library BA #05-14 Books $7, (10) External Budget Amendment Maintenance BA #05-20 Sinkhole Repair - $46, (11) External Budget Amendment Sheriff s Office BA #3 BA #05-21 Computer Software/Hardware - $89, (12) Sheriff s Office Release of Funds Contraband Forfeiture Trust Fund $ 3, (13) Sheriff s Office Release of Funds Contraband Forfeiture Trust Fund $12, (14) Indigent Burial Gateway and Forest Lawn Funeral Home Nona Jones, Deceased - $ (15) Human Resource New Position Description Building Inspector 1 & 2 Family Dwelling Inspector (16) Bid Award Heavy Equipment Parts and Service Undercarriage Replacement Bid No G - $25, (17) Suwannee River Economic Council, Inc. (S.H.I.P.) Release of Lien Mark & Kristi Feagle - $6, (18) Suwannee River Economic Council, Inc. (S.H.I.P.) Release of Lien Terrance & Jennifer Lathinghouse - $7, (19) Suwannee River Economic Council, Inc. (S.H.I.P.) Release of Lien Gary & Heather Ward - $6, (20) Suwannee River Economic Council, Inc. (S.H.I.P.) Release of Lien James & Delores Merritt - $1, (21) Columbia County Health Department Declaration of Junk Property (see list attached) 4

5 (22) Clerk of Court Declaration of Surplus Property Copier ID #9903 (23) Interlocal Agreement between Suwannee River Water Management District and Columbia County Stormwater Management Enhancements (24) Public Library Grant Agreement Day of The Child/Day of The Book - $ (25) Purchasing Extension of Contract for Roadside Mowing and Litter Removal (26) Public Library Speaker s Agreement Approval Library Staff Development Day - Mr. Andrew Sanderbeck - $1, (27) Resignation of Stephen E. Bailey Columbia County Planning and Zoning Board/Board of Adjustment (28) Agreement between Columbia County and First Federal Savings Bank of Florida ATM License Agreement (29) Street Lighting Agreement between Columbia County and Florida Power and Light Company North US 441 Street Lighting Project (30) Proclamation Declaring Columbia County Tourism Week May 13 20, 2006 (31) Invoice Donald F. Lee & Associates, Inc. Engineering Services $5, (32) Invoice Donald F. Lee & Associates, Inc. Bascom Norris Drive $ (33) Invoice Donald F. Lee & Associates, Inc. Pine Knoll S/D & Azalea Park - $ (34) Invoice Bailey Bishop & Lane, Inc. Bascom Norris Drive-Lowe s to Lake Jefferey - $3, (35) Invoice Adopt A Shore Quarterly Report - January-March 2006 Reimbursement Request - $3, (36) External Budget Amendment - Sheriff s Office BA # 4 BA #05-23 Printrak Grant - $38, (37) External Budget Amendment Sheriff s Office BA #5 BA #05-24 Multi-Jurisdictional Task Force Grant - $19, (38) External Budget Amendment Supervisor of Elections BA #05-25 Electronic Voter Identification System (EVID) - Signature Pads $10, (39) Florida Department of Law Enforcement Federal Fiscal Year 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program -Certificate of Participation - $63, (40) Suwannee River Economic Council, Inc. (S.H.I.P.) Release of Lien Wendy L. Dohrn - $7, (41) Suwannee River Economic Council, Inc. (S.H.I.P.) Release of Lien Gregory and Mary Coe - $7, (42) Proclamation Declaring the Month of May as Columbia County Public Safety Appreciation Month in Columbia County, Florida (43) Emergency Medical Services 5% Promotion Increase to Lieutenant - Current 5

6 Pay Rate $9.57 to $ /Hour - Alice Duncan (44) Nabors Giblin & Nickerson Columbia County Impact Fees Preparation and Implementation of Ordinances - $34, (45) Florida Department of Transportation Transportation Enhancement Projects - CR 252B Sidewalks from US 90 to SR $90, (46) Florida Department of Transportation Small County Outreach Program (FY ) Priorities -1) CR 349 from CR 131 to CR 245 2) CR 131 North from US 41 to CR 246 (47) Minute Approval Board of County Commissioners Regular Meeting September 15, Motion by Commissioner Flinn to approve. Second by Commissioner Weaver. There was a call for clarification on items #11, #15, #25, #28, and #44. County Manager Williams assisted with clarification. The motion carried unanimously. INTERLOCAL AGREEMENT County Manager Williams discussed item #23. The County has entered into an agreement with Suwannee River Water Management District. This five-year flood mitigation agreement will provide one million dollars per year from each entity, for a total of two million dollars per year. This will result in ten million dollars, which will be used to mitigate storm water issues over a five year period. The agreement provides for target and benchmark dates that the County must comply with. Staff will request at the next Board of County Commissioners meeting that a master list of projects be approved. Then, from the master project list, the County will make assignments for costing out the projects. It will then be up to the Commission to develop a priority list of those projects. Once the list is generated, the district must review and agree to the prioritization. This information was provided as an awareness item. EMS STATION #4 The Board funded positions this fiscal year for EMS Station #4. The Board will begin discussing locations at the next Board of County Commissioners meeting. Any requests for additional information should be made to staff as soon as possible. Commissioner Porter suggested that EMS Director Rusty Noah be allowed to provide additional information for the Board s consideration, and that perhaps a questions and answers session should be scheduled. County Manager Williams said that he would meet with Mr. Noah to determine what type of information Mr. Noah has to present. SEEDS FOR SUCCESS Request for Special Projects funding The agenda erroneously indicates the request to be $500. The request is actually for $300. Staff advised the commission would consider the same policy when considering 6

7 this request as then did when considering the request of the CHS band. In order to fund the request, the Board must find that the request meets a public purpose. Commissioner Flinn explained Seeds for Success is a conference for families who have children with disabilities. It is being put on by Family Network on Disabilities of Florida, and is federally funded. Classes will be provided at this conference for citizens who wish to advocate for their children in the school system. The organization is a 501C3 federally funded agency, and has nothing to do with Columbia County Schools. Commissioner Skinner explained that not being sure the organization would qualify for special funding, he donated $300 of his personal money. However, if the Board finds the request meets the guidelines for receiving special project funds, he asked that his personal money be reimbursed to him from his special projects account. Motion by Commissioner Skinner to reimburse or (inaudible). There was confusion as to the exact motion. The motion was withdrawn. SPECIAL PROJECTS District 4 (a) Parents United Together - Ms. Niki Bates of this organization has advised it will cost approximately $3,000 to pay for the rides hosted at this year s event. The event is open to the community. Motion by Commissioner Flinn to approve the special projects spending from District 4 of $3000. Second by Commissioner Skinner. Commissioner Weaver noticing this seems to be a yearly event, offered that county policy requires that after this request, the organization will have to go through the budget process to receive funds in the upcoming year. Commissioner Flinn agreed and indicated she has explained this to Ms. Bates. The motion carried unanimously. (b) Lulu Community Center District 4 - $4,270. Staff advised that according to county policy there is no need to seek Board approval. Commissioner Flinn said that she wanted to give public notice of the expenditure. The money was spent for landscaping, rail fencing, concrete, and irrigation. FDOT PRIORITY LIST - 5 Year Work Program. A list of priority projects must be submitted to Florida Department of Transportation for consideration in their 5-Year Work Program no later than July 01, The priority list should be of improvements that the commission believes should be considered on the State s highway system, in terms of capacity, maintenance, traffic signals, airport improvements, etc. Staff offered to pull past recommendations for the Board s consideration. SOLID WASTE COLLECTION BID REQUEST Bid specs have been prepared for solid waste collection and will be sent out soon. The bids were modeled to a great extent from the current contract. The bid provides for two "white goods" pickup per year, and one day per week waste pickup. The bid has been 7

8 structured to provide options to the customer, which would have to paid at their expense. The customers would receive the bill for the additional options. Additional options: Curbside recycling, leaf and limb service, and backdoor pickup. The base amount contract will provide for a penalty matrix. This was done as a result of repetitive problems under the past contract. The threat of a fine will hopefully encourage the chosen company to make every effort to correct problems as soon as possible. Commissioner Williams suggested a range on hours of pickup. Attorney Feagle asked if there would be a problem with combining the residential and commercial. He responded it is not a problem to combine the agreements. The Board concurred. Staff asked that if there are particular provisions that the Board would like to see in the bid that they offer suggestions without delay. WORKSHOP Staff requested a workshop be scheduled to address the issue of fire suppression and Senate Bill 360. This meeting is open to the public, but a special effort will be made to apprise developers, contractors, and realtors of this workshop. Staff feels both issues can be covered if the meeting begins at 6:00 pm. OTHER Ft. White Band Commissioner Weaver expressed since the Board found that band trips are in the best interest of the pubic and they qualify for special projects funding, he would like to make a donation. Motion to approve payment of $1000 to the Fort White High School Band from special projects. Second by Commissioner Flinn. The motion carried unanimously. Motion by Commissioner Skinner to give $1000 to Fort White High School Band from his special projects. Second by Commissioner Weaver. The motion carried unanimously. County Manager Pay Commissioner Weaver expressed that when the charter was adopted several years ago it significantly increased the job responsibilities of the County Manager. However, no concessions or adjustment were made in his pay. He asked that the Board be prepared to discuss this matter at the next Board meeting since the County Manager s contract expired in October and to date a new contract has not been negotiated. Florida Population Commissioner Skinner reported as an informational item that 1100 people per day are moving into Florida. Bonilla Easement Ms. Jeanette Bonilla has asked that a public hearing be schedule to consider closing an easement located in Lulu. Her grandson is planning to build a home through the SHIP 8

9 Program on property adjoining this easement. However, it was not clear whether the easement was public or private. Attorney Feagle does not believe this is a platted subdivision, but is a 20 foot alleyway. The alleyway is not part of the development. I would say, that unless and until we can determine that this is platted, and that this alleyway was in fact dedicated to the pubic, that this would be a private matter for the individual seeking closure. Mr. Feagle will contact Ms. Bonilla. PUBLIC INPUT H.L. Sistrunk obtained clarification regarding waste and "white goods" pickup. He complained the public doesn t know when hazardous waste is going to be collected. Since drywell permits are no loner obtainable, because they dump into the acquifer, he suggested methods be looked into for cleaning the water at the creekbed before it dumps into the aquifer. Mr. Stew Lilker suggested the Board look into other means of notifying the public when there is going to be a collection of hazardous waste other than by newspaper. He suggested a calendar of events on the county s website may be an option. He added that posting other dates of public interest be posted on the website would be helpful and appreciated. Regarding the RFP on waste collection, he suggested the wording for pickup times be broad, before noon or after noon. Regarding discretionary funds, he asked each commissioner their fund balance. Their responses: Commissioner Flinn Approximately $14,000. Commissioner Williams You can go to the finance office and get the Commissioner Weaver number. Approximately $100,000. A large portion of that is dedicated to road paving. Commissioner Skinner Approximately $7,000 to $8,000. Commissioner Porter Check with bookkeeping. Ms. Margaret Kirkland offered she is a resident of District 4. She reported that Commissioner Flinn no longer resides in Columbia County. She has purchased a house in Alachua County. Commissioner Flinn responded, Ma am, I reside at 541 Rolling Hills Drive. Ms. Kirkland continued that she lives cattycorner to the commissioner s former home, and reported it is vacant, and that she personally witnessed the moving truck. She concluded she feels it is unethical for the commissioner to represent Columbia County and live in Alachua County. Commissioner Flinn offered that there was no moving truck at her home, but instead there was a furniture delivery truck at the home. She agreed that she does have real estate in Alachua County, Monroe County and in other areas outside of Columbia County, but that she resides in Columbia County. 9

10 Ms. Kirkland replied, I have been there (to your house). No one lives there. Commissioner Flinn turned to the Sheriff and responded, Ms. Kirkland had just made a public confession that she has been trespassing on my property. It s people like this who harassed me while my husband was in Iraq serving his country! She concluded by addressing Ms. Kirkland, I ll invite you to my home anytime, but don t you dare trespass on my property and look through my windows! Commissioner Williams and Commissioner Flinn suggested Ms. Kirkland contact the Ethics Commission if she feels the commissioner is doing something unethical. There being no further business the meeting adjourned at 8:35 p.m. ATTEST: Board of County Commissioners P. DeWitt Cason Clerk of Circuit Court 10