COLUMBIA COUNTY BOARD of COUNTY COMMISSIONERS. Minutes of December 16, 2010

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1 COLUMBIA COUNTY BOARD of COUNTY COMMISSIONERS Minutes of December 16, 2010 The Board of County Commissioners met in a regularly scheduled meeting at the School Board Administration Office. The meeting opened at 7:00 p.m. with prayer. The Pledge of Allegiance to the Flag of the United States of America followed. Commissioners in Attendance: Jody DuPree (Chairman) Scarlet Frisina (Vice-Chair) Stephen Bailey Russell Rusty DePratter Ronald Williams Others in Attendance: Sr. Staff Assistant David Kraus ( SSA ) Attorney Marlin Feagle Deputy Clerk Sandy Markham Asst. County Manager Lisa Roberts BCC Secretary Carolyn Baker Roll call Deputy Clerk Sandy Markham called roll. Those listed above were in attendance. County Manager Williams was absent due to a death in the family. Adoption of Agenda Additions: Deletion: Fort White Library closing date due to move Equipment purchase for Combined Communication Center Item #4 IDA (Second Page) MOTION by Commissioner Williams to adopt agenda as amended. SECOND by Commissioner Frisina. The motion carried unanimously. Public Comments Regarding the proposed amendments to the Rules of Procedure, Citizen Stew Lilker stated that 2(c) protects the people and he was opposed to its deletion. He asked for clarification on items 3(c) and 4. He also requested the following action from the Board: Agenda items, including additions and deletions, be timely posted to the website Local Bid Preference be used by the Board when selecting attorneys Agenda clearly reflect whether a topic is a discussion or action item, or both The Chair directed Asst. County Manager Roberts to address, in writing, Mr. Lilker s comments regarding how Attorney Greg Stewart was selected. The Chair also directed Board staff to ensure the website clearly states a person s administrative remedies as mention in the Rules of Procedure. 1

2 Gavel Chairman DuPree presented out-going Chairman Williams with a ceremonial gavel and thanked him for his service. Likewise, Commissioner Williams thanked the Board for their assistance and support in the past year. Comments by Chairman DuPree The Chairman discussed that in the upcoming year he wants to focus on education. He said that the Board will work diligently and strive to do a better job at everything we do. In January, the first step will be to dissect the county budget so that when the budget period arrives there will be 16 department heads and five commissioners who have a very clear understanding of the county s budget. The Chairman the commissioners and staff will work together to streamline and become even better managers of time. This will allow more time to give due diligence to important county matters. Bascom Norris Connector Project Giles Property Counter Offer Greg Stewart, Attorney, Nabors, Giblin & Nickerson, P.A. William and Willene Giles have made a counter offer of $2,150,000. This figure consists of three components; acreage needed for the right-of-way [$411,600], house value [$1,474,965], and an additional forty-five acres the Giles claim will be in take, because of being severed. Attorney Stewart explained the Giles attorney overlooked the fact that there will be a tunnel that will allow access to the forty-five acres. Based on this fact, the attorney for the Giles is being asked to readdress the counter-offer. Attorney Stewart gave a history, which began with the approval of an eminent domain resolution in August 2010, which identifies the needed right-of-way and the house for taking. The original written offer was $1,400,000. There was conversation regarding the house. Attorney Stewart said that after a change in Florida Statutes, and after extensive discussions with the engineers, the conclusion is that the house does not need to be taken as part of this condemnation. Therefore, Attorney Stewart advised that it would be in the county s best interest to move forward with an amended resolution, which only takes the needed right-of-way and additional maintenance area. The amended resolution would allow the changing of the legal description of the property. Chairman DuPree recalled that he questioned what was absolutely essential for this project several times in the beginning. He also noted that over the years, this home, along with the one hundred acres of property was listed for sale three different times [MSL] for $1,300,000 and did not sale. He noted that property values have since dropped. He also pointed out that the Giles appraisals were derived by using sales comparisons from Gainesville, which are extremely higher. In the Chair s opinion the $2,150,000 is excessive and would be a waste of taxpayer s money. The Chair suggested that a new legal description be written as it relates to absolute necessity and that the two required appraisals be ordered. The Board can then make an offer 2

3 based on the two appraisals, hopefully by the end of January He suggested that the Giles be given 30 days before proceeding with eminent domain action and building the road. MOTION by Commissioner Williams to authorize staff to order the appraisals on the property needed to construct the road. Once the appraisals are received an offer should be made to the Giles based on the appraisals. If the offer is not accepted within thirty (30) days then the county should move forward with eminent domain by a quick taking. SECOND by Commissioner Frisina. At Commissioner DePratter s request, Attorney Stewart explained the process of eminent domain. Attorney Stewart said that while it is difficult to know what the total eminent domain cost will be, it will definitely be substantial. Commissioner DePratter has a problem that there is not at least an approximate figure of what the eminent domain proceeding will cost. He said that it is scary to think about building a road with no idea as to what it will finally cost. He said that while the County is in the negotiation process, the county needs explain there is a right-of-way cost [$270,000] that should not have been figured in, which will drop the figure down to $1,880,000. He said that puts the county back into the ballpark of the $1,400,000 offered. He said the county should at least make one additional good faith offer back before proceeding with eminent domain, which is a large unknown dollar amount. Attorney Stewart said that it is possible for the county to move forward expeditiously with the plans, legal descriptions, and updating the appraisals, while also continuing with negotiations. At the point when the resolution is ready for adoption, the Board can evaluate its position with the Giles and move forward with eminent domain if necessary. Chairman DuPree read paragraph three of the letter received from the Giles attorney. He questioned the portion that read, I assume that is why you discarded that approach with your opening offer. Chairman DuPree said that he is only familiar with the one offer made to the Giles of $1,400,000. He asked if there was ever another offer beyond the $1,400,000. Attorney Stewart replied that he has no knowledge of any other offer being made. Commissioner Williams said that he didn t understand the concern with the anticipated large increase the amount it would cost for expert witnesses and attorney fees, because the offer was supposed to be based on the two appraisals and expected legal fees. Commissioner Williams does not see where the offer should be much different than what was originally offered. He said, If we can t come to a resolution somewhere in that ballpark; I m for a quick taking, and let a judge and a jury give them one dollar or ten million dollars. It s just that simple. Mr. Chairman I call for a vote. The motion carried unanimously. County Engineer John Colson informed the Board that the Giles have not been very cooperative with the project. He said everyone would be at the Giles mercy when needing to get back on the property to do survey work and that this may slow the process down. Mr. Colson said that they need permission to enter to survey and stake the property right away. The stakes will be needed before the appraisals can be done. Attorney Stewart said that the Giles attorney 3

4 has been very cooperative and that he does not expect any problems with obtaining permission to enter the property. Jim Poole, Industrial Development Authority Acceptance of Transportation Grant for Columbia Technology, Inc. Columbia County received an approval letter December 14, 2010, stating the County was successful in its application for an Economic Development Transportation Trust Fund (EDTF) grant on behalf of Columbia Technology, Inc. The agreement between the Office of Tourism, Trade, and Economic Development and the County for the funds to be applied toward reimbursement of direct transportation project costs of up to $900,000 is in the process of being drafted. Mr. Poole advised that one reason he asked to be put on the agenda tonight was because the Governor s office has to approve this no later than December 31 in order for the county to receive the grant. Regarding the stipulation of the grant, Mr. Pool said that a Memorandum of Agreement ( MOA ) with Columbia Technology, Inc. ( CTI ) needs to be completed. Some of the things included in the MOA are: Number of jobs created CTI accepts the future maintenance of the road once constructed with grant funds Mr. Poole asked for the Board s authorization to have Attorney Feagle review the paperwork once it is received, and that the Memorandum of Agreement be completed with Attorney Feagle s assistance, and upon the Board and Attorney Feagle s approval that the Chair be authorized to execute the Grant Agreement. Chairman DuPree said he is somewhat confused as to what is needed from the Board. He said the letter states that the agreement must be signed within 120 days from December 14, 2010, which is April 13, He noted that the agreements with the company have not been negotiated. The Chair asked if approval is given, how Attorney Feagle would know the Board is alright with the wording in the agreement. He asked if there was a way to do this with contingencies. Mr. Poole said that the main contingency would be that unless the MOA is approved by the Commission, the project would not move forward and the state would be notified that the county would not accept the grant, even if the Grant Agreement is executed. Accepting the grant does not necessitate the county having to use the grant. Mr. Poole said the Memorandum of Agreement is being put together and the company was notified again today that there are going to be certain things that must be contained within the MOA. Mr. Poole said that Attorney Feagle will have to make sure the agreement is right and that it is something that the Board will have said that Attorney Feagle could sign off on. 4

5 Mr. Poole said that the timelines are very important. He reminded all the reason he came in May was to ensure the county met the June 30 th deadline for applying so that it would be included in previous fiscal year. Mr. Poole said that the December 31 date he referred to was the date that the Governor s Office had to do the final approval and to sign the letter. Commissioner Williams said he wants to make sure the County doesn t loose the $900,000. He said the County has to have Governor Christ sign this before leaving office so the county can utilize the money left over in the State s budget this year. MOTION by Commissioner Williams, I move to take Mr. Poole s recommendation along with Marlin [Feagle s] blessing on both items that have to be signed by the attorney and by the Chairman of this Board. SECOND by Commissioner Frisina. The motion carried unanimously. Winfield Solid Waste Facility Class I - Cell 3 Permit By Bill Lycan, Solid Waste Director The County is running out of space for waste disposal at Winfield Landfill Cell 2. It is anticipated that it will take at least a year to receive permitting to start bidding and construction for the new cell. Darabi & Associates have advised that it is imperative that they initiate the permit level plans and permit application as soon as possible. They have requested authorization to proceed with the project. Once authorization is received, a detailed cost estimate will be provided, as well as scheduling for the project. Mr. Lycan requested permission to use existing engineers to perform the permit renewal application process. The total price for all of the required work is $81,250. MOTION by Commissioner Bailey to authorize the expenditure of $81,250 for the renewal process of the permit. SECOND by Commissioner Frisina. The motion carried unanimously. MOTION by Commissioner Williams to approve advertising an RFQ for engineering firms to be considered for consulting and designing relating to a new cell. SECOND by Commissioner Bailey. The motion carried unanimously. The Chair appointed Commissioner Williams and Engineer John Colson to serve on the committee reviewing the RFQs. North Florida Broadband Authority Lease Agreement - By Attorney Feagle Attorney Feagle gave a history and explained that it appears that the tower at the Old Jail will no longer be needed for the NFBA. The Board discussed whether it would be interested in leasing the tower out to someone else, which would maximize its use. Because the County may eventually need this tower, there was no interest in allowing another company to maximize the use of the tower. 5

6 MOTION by Commissioner Williams to not allow the tower to be utilized and maxed out by interested companies. SECOND by Commissioner Bailey. The motion carried unanimously. [As a result of this action, Resolution No. 2010R-50 will not be needed] Eutaw Utilities Invoices In an effort to finalize the utility projects that Eutaw Utilities Inc. has worked on for the County, they have submitted their final three outstanding invoices for payment. (1) Eutaw Utilities, Inc. Invoice 1381, $16, The County authorized a change order to the contract with Hughes Well Drilling. Work under this change order extended the project, requiring Eutaw Utilities, Inc. to provide additional construction services and oversight through September 30, This work has been documented and the invoice is consistent with the original contract. Staff has reviewed the invoice and negotiated a reduction of $2, off of the originally invoiced amount. (2) Eutaw Utilities, Inc. Invoice 1329, $11, The County directed Eutaw Utilities, Inc. to develop various scenarios for the distribution lines, meet with County Commissioners and residents, modify the engineering plans for the selected scenario and modify the Facilities Plan so the project could remain eligible for funding. Additionally, Eutaw Utilities, Inc. modified the FDEP approved design. Staff has reviewed the invoice, questioned the trip charges and negotiated a reduction of $2, off of the originally invoiced amount. (3) Eutaw Utilities, Inc. Invoice 1365, $64, This is the final invoice on the Wastewater Treatment Plant design. Eutaw Utilities, Inc. completed the work in 2009 before the project was stopped. Originally, Eutaw Utilities, Inc. erroneously submitted the invoice for $68, under a previously issued invoice number. The County believed the invoice was a duplicate and did not make a payment. They have reissued the invoice as #1365. While this invoice is for less than the full amount authorized in the contract, this payment will close-out the project. Staff and Counsel have reviewed the invoice, reduced the amount by roughly $3,000 and recommend payment. MOTION by Commissioner Bailey to approve invoices #1381, #1329, and #1365, which will complete all payments due for work done for Columbia County. SECOND by Commissioner Frisina. The motion carried unanimously. Consent Agenda MOTION by Commissioner Williams to approve unless there are items to be pulled. SECOND by Commissioner Bailey. Regarding item #11. Commissioner DePratter asked why the funds would be transferred from Reserve Funds to pay a recurring cost. SSA Kraus answered this is a typographical error. He said that the account # is actually a Contingency Account in the Library Enhancement Fund. The motion carried unanimously. 6

7 Meeting Rules and Procedures SSA Kraus gave a review of the Chairman s three proposed changes to the Meeting Rules and Procedures. The proposed changes to the procedures are attached to the original minutes. The Chair explained the reason for deleting 2(c) is because it is rhetorical. He said that no citizen has ever been unreasonably denied, or will ever be denied the right to address the Board. There is also the interpretation issue of who decides what is reasonable. Commissioner Frisina said that she has no problem with leaving 2(c) in place and that she likes having it in place. Commissioner Frisina said regarding 3(c) that a citizen should not be required to exhaust all administrative remedies before being allowed to address their commissioner at a meeting or to address the entire Board. She noted that the only opportunity a citizen has to address all of the commissioners at once is at the County Commission meetings. The Chair said that it is important to remember that the reason the commissioners meet on the first and third Thursday of the month is for the commissioners to take care of the business of the county as it is laid out in the agenda. Otherwise, the meetings drag on and you will have someone creating a platform in a meeting. He said if citizens have issues there are administrative remedies available. If the issues are not resolved, then the matter can then be placed on the Board s agenda. Commissioner Frisina asked that there be separate motions. Commissioner Williams said that he believes it is up to the Chair as to how the meetings will be conducted. He said the proposed additions and deletions will not hinder a citizen s due process. He agreed that there are times when the Board gets caught up in matters that have nothing to do with the agenda. MOTION by Commissioner Williams to accept the Chair s recommendations. SECOND by Commissioner Bailey. Commissioner Bailey said that he did not feel this action would deny any citizen access to the meetings or to the Board as there is still the Public Comment section of the agenda. He said that citizens are still able to get in touch with their individual commissioners. The Chair noted that he has the discretion at any time to allow someone to discuss a matter that may not be on the agenda. Commissioner Bailey noted the policy [3(c)] gives two commissioners the right to accept public comment on matters. The motion carried 4-1 with Commissioner Frisina voting against the motion. 7

8 Board Appointments by Chair Tourist Development Council: Commissioners DuPree and Williams Suwannee Valley Transit Authority: Commissioners Williams and Frisina Florida Crown Workforce Consortium: Small County Coalition: Commissioner Williams Commissioners Bailey and Williams County Utility Committee: Commissioners Bailey, Frisina, DePratter Transportation Disadvantaged Coordinating Board: Commissioner Frisina North Central Florida Regional Planning Council: Commissioners Bailey and DePratter North Florida Broad Band Authority Commissioner Frisina (Alternate Member) The following committee appointments are eliminated: City of Lake City Utility Committee Downtown Neighborhood Development Committee City Beautification Committee MOTION by Commissioner Bailey to accept the assignments. SECOND by Commissioner Williams. The motion carried unanimously. Combined Communications Center Discussion SSA Kraus advised the go live date remains January 30, There are no foreseen distractions or delays at this time The Chair read the letter from Mayor Witt to the Commission, which was part of the agenda packet. There was in depth discussion. The county maintains there has always been due diligence and a spirit of cooperation on their part and on the Executive Committee s part. The County does not believe that to be the case with the City. Chairman DuPree suggested to the Board that the letter be held in abeyance and that the county move forward with the go live date. When the county is live and the system is stabilized, the Executive Committee of the Combined Dispatch Center should meet and take necessary action to address the letter, and whether fire will continue to be a part of county dispatching. 8

9 MOTION by Commissioner Williams to accept the Chair s recommendation. SECOND by Commissioner Bailey for discussion. Commissioner Williams said the go live date includes the City, and any time the Police Department desires to get onboard it is available to them. The motion carried unanimously. Street Light/Traffic Signal Maintenance In a correspondence date November 23, 2010, the City advised effective November 30, 2010, that they would no longer do the traffic signal maintenance for the County. They have since agreed to wait until December 16, The City is requesting $186,000 to continue the maintenance process, and for the County to continue paying the energy costs. The County receives money from D.O.T. for traffic signal maintenance. Of that money, $40,000 is paid to the City for maintenance and the remainder is used on energy costs. To accept the City s offer would result in an increased expense to the county of approximately $115,000. At the County Manager s directive, until an RFQ can be put out for maintenance, Public Works Director Kevin Kirby has located a company to handle any emergencies that may arise beginning tomorrow. The company chosen is D.O.T. certified in signalization and is close enough to handle local emergencies. MOTION by Commissioner Bailey to deny the City s request and to allow staff to contract with the company selected to handle emergencies until a permanent Signal Maintenance Contract is in place. SECOND by Commissioner Frisina. The motion carried unanimously. Fort White Library Staff requested permission to close the library January 5-7 in order to move to the new location. MOTION by Commissioner DePratter to approve. SECOND by Commissioner Frisina. The motion carried unanimously. Combined Communications Center The following purchases must be made in order to meet the go live date: Motorola PTP58500 Equipment - $13, AT&T B side Cama Trunks - $ AK Associates Verilink CSU/DSU 911 Modem - $1, Insight Netmotion Mobility Server $9, MOTION by Commissioner Williams to purchase. SECOND by Commissioner Bailey. The motion carried unanimously. 9

10 Sound System Commissioner Bailey asked that staff look into the situation with the microphones and poor sound. He said that something needs to be done as it is apparent that the Clerk and the public are both having a difficult time hearing what is being said at times. Commissioner Bailey volunteered to help staff with this project. MOTION by Commissioner Bailey to have staff bring a recommendation to the Board. SECOND by Commissioner Frisina. The motion carried unanimously. Adjournment The Board and several others closed the meeting at 8:50 p.m. with a Christmas Carol and the exchange of many Christmas wishes. Jody Dupree, Chairman Board of County Commissioners Attest: P. DeWitt Cason Clerk of Circuit Court 10