BAKER COUNTY BOARD OF COMMISSION AGENDA November 18, 2014 2:30 Commissioner/Clerk/County Manager Pictures 3:30 P.M. Swearing-in Ceremony Commissioner James G. Bennett & Commissioner Jimmy Anderson 4:00 P.M. Workshop Shoals Park Discussion 5:00 P.M. REGULAR AGENDA I. Invocation and Pledge of Allegiance II. Presentation of Amendment to the Agenda (if any) III. Approval of Regular Agenda IV. Approval of Consent Agenda Items 1. Approval of Minutes November 6, 2014 2. Expense Report V. Committee Reports or Items VI. Constitutional Officers Stacie Harvey, Clerk: Nominations for Chairman and Vice Chairman VII. Persons wishing to appear VIII. County Manager 1. Pending Issues 2. Resolution 2014-25: Budget Transfers 3. 2015 County Holiday List 4. Commissioner Bond Documents 5. SHIP Bid Results 6. SMRWMC Vacancy 7. Resolution 2014-26: Road Dept. Union Contract IX. County Attorney X. Persons wishing to appear who are not on the agenda (limit 3 minutes) XI. Commission Comments XII. Adjourn Note: Items in BOLD require board action If any member of the public desires to appeal a decision made at these hearings, he or she will need a record of the proceedings and for that purpose he or she may need to ensure that a verbatim record of the proceedings is transcribed, which record would include the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing a special accommodation of an interpreter to participate in these proceedings should contact the County Commissioners Office at (904) 259-3613, at least 48 hours prior to the time of the hearing. BAKER COUNTY BOARD OF COMMISSION AGENDA November 18, 2014 6:00 P.M. Public Hearing 1. Resolution 2014-20: Budget Amendments 2. Ordinance 2014-16: Mining Moratorium 3. Combs Special Exception 4. Beacon Tower Special Use Note: Items in BOLD require board action If any member of the public desires to appeal a decision made at these hearings, he or she will need a record of the proceedings and for that purpose he or she may need to ensure that a verbatim record of the proceedings is transcribed, which record would include the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing a special accommodation of an interpreter to participate in these proceedings should contact the County Commissioners Office at (904) 259-3613, at least 48 hours prior to the time of the hearing. BAKER COUNTY BOARD OF COMMISSIONERS MINUTES November 6, 2014 The Baker County Board of Commissioners met in a scheduled meeting with the following members present: Chairman, Jimmy Anderson Commissioner Mark Hartley Commissioner Adam Giddens Commissioner James Croft Also Present: County Attorney, Rich Komando County Manager, CJ Thompson Clerk, Al Fraser Absent: Commissioner Gordon Crews REGULAR MEETING Chairman Jimmy Anderson called the meeting to order. Commissioner Adam Giddens led in the invocation and pledge. Commissioner Adam Giddens moved to approve the regular agenda. Commissioner James Croft seconded the motion. Motion carried unanimous. Commissioner James Croft moved to approve the consent agenda items which were: 1. Approval of Minutes: October 21, 2014 – Regular Meeting 2. Approval of Minutes: October 21, 2014- Public Hearing 3. Expense Report Commissioner Adam Giddens seconded the motion. Motion carried unanimous. C/M Thompson introduced Ms. Shaina Bennett, 4H agent and recognized her for receiving a National 4H award for an outstanding piece by an individual. Ms. Bennett explained that she developed a curriculum for third grade teachers to teach their students regarding chickens. Ms. Bennett explained that the curriculum was very interactive and would be published by the University of Florida at no cost to teachers who would like to use it. The Board thanked Ms. Bennett for her hard work and dedication to the 4H program. C/M Thompson presented the pending business items for review. The pending items were discussed as follows: Courthouse HVAC conversion: Workshop scheduled for December 2, 2014. Transportation Center Construction: PO issued for building. Site work ongoing. Recreation Board Creation: First meeting to be held on November 6, 2014 at 6:30 p.m. Page 2 MINUTES November 6, 2014 St. Mary’s dock repairs: Complete. Park dedication 11/6/2014. LDR Revisions: Policy changes prioritized and worked. First priority is mining. Health Insurance for new hires: Workshop held 11/6/2014. Utility Audit: Awaiting full RFP responses from Orange County. C/M Thompson presented Resolution 2014-21; Healthy Weight Initiative. Kerry Dunlevy, representing the Baker County Health Department informed the Board that the Healthy Weight Initiative was a program that is being implemented throughout the State to make healthy food available, promote health in the workplace, encourage physical activity and to teach children the benefits of being healthy. Mrs. Dunlevy stated that the adoption of Resolution 201421 was just the beginning of this program in Baker County. Commissioner Adam Giddens moved to approve Resolution 2014-21. Commissioner Mark Hartley seconded the motion. Motion carried unanimous. C/M Thompson presented Resolution 2014-22; permit fee reduction to St. Johns River Water Management District. Mr. Thompson stated this request is renewed annually and limited the fee charged by the water management district to $100. Commissioner Mark Hartley moved to approve Resolution 2014-22. Commissioner James Croft seconded the motion. Motion carried unanimous. C/M Thompson presented Resolution 2014-23; permit fee reduction to Suwannee River Water Management District. Mr. Thompson stated this Resolution was similar to the prior Resolution and was renewed annually and limited the fee to $100. Commissioner James Croft moved to approve Resolution 2014-23. Commissioner Adam Giddens seconded the motion. Motion carries unanimous. C/M Thompson presented Resolution 2014-24; permit fee reduction to Department of Environmental Protection. Mr. Thompson stated this Resolution was similar to the prior Resolutions and was renewed annually and limited the fee to $100. Commissioner Adam Giddens moved to approve Resolution 2014-24. Commissioner Mark Hartley seconded the motion. Motion carries unanimous. C/M Thompson requested the board appoint two new members to the Local Planning Agency. Mr. Thompson said that planning staff had received information from two local citizens stated they would be willing to serve on the LPA Board. Mr. Thompson stated that Greg Sheppard and Sharon Padgett both are qualified and willing to serve. Commissioner Mark Hartley moved to appoint Mrs. Sharon Padgett to the LPA Board. Commissioner James Croft seconded the motion. Motion Page 3 MINUTES November 6, 2014 carried unanimous. Commissioner Adam Giddens moved to appoint Greg Sheppard to the LPA Board. Commissioner James Croft seconded the motion. Motion carried unanimous. C/M Thompson presented health insurance for new hires for discussion. Mr. Thompson stated the discussion during the workshop was lengthy but felt like a decision could be made today. Commissioner James Croft made a motion to offer family coverage but not subsidize for new hires effective immediately. Commissioner Adam Giddens seconded the motion. The motion did not carry unanimously. The votes were as follows: Commissioner Croft- yes Commissioner Giddens – yes Chairman Anderson – yes Commission Hartley – no Chairman Anderson presented a plaque to retiring Clerk, Al Fraser for his dedication to the citizens of Baker County for the past twenty years. Chairman Anderson also presented a plaque to Commissioner Adam Giddens for his dedication to the citizens of Baker County for the past four years. Tonight will be both Clerk Fraser and Commissioner Giddens last meeting in office. A lengthy discussion regarding both men was held. (Available on audio file). The Board thanked them both for an outstanding job and both will be greatly missed. C/M Thompson reminded the Board of the Veterans Day Appreciation activities scheduled for November 15, 2014 and asked that any Commissioner interested in riding in the parade meet at the Administration office at 10:30 a.m. Chairman Jimmy Anderson publicly commended the Sheriff’s office and all local authorities in their efforts searching for the missing eight year old last week who was found safe after a weekend lost in the woods. Chairman Anderson stated that everyone involved did an outstanding job. Commissioner Adam Giddens moved to adjourn. Meeting adjourned. ________________________________ Stacie Harvey, Clerk ____________________________________ Oliver J. Anderson, Chairman SUNGARD PENTAMATION − FUND ACCOUNTING DATE: 11/12/14 TIME: 11:23:49 PAGE NUMBER: ACCTPA21 BAKER CO BOARD OF COUNTY COMMISSIONERS CHECK REGISTER − BY FUND 1 SELECTION CRITERIA: transact.gl_cash="104000" and transact.ck_date>="10/29/2014" ACCOUNTING PERIOD: 2/15 FUND − 001 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−VENDOR−−−−−−−−−−− DEPT/FUND ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT 104000 73686 10/31/14 1252 AMERICAN ENTERPRISE 001 218500 PR3 DEDUCTIONS 0.00 150.00 104000 73688 10/31/14 89 CAPITAL GUARDIAN TR 001 218700 PR3 DEDUCTIONS 0.00 250.00 104000 73689 10/31/14 2346 CARPENTERS INDUSTRI 001 218500 PR3 DEDUCTIONS 0.00 170.00 104000 73690 10/31/14 446 GEORGE W CREWS 001 218500 REUND UNION DUES 0.00 10.00 104000 73691 10/31/14 2272 GEORGIA MONFORT 291 51300 CK IN/OUT,CLEAN AG 0.00 135.00 104000 73692 10/31/14 21 HAYT,HAYT&LANDAU, P 001 218900 11−136SC 0.00 100.00 104000 73694 10/31/14 311 NATIONWIDE RETIREME 001 218700 PR3 DEDUCTIONS 0.00 228.82 104000 73695 10/31/14 360 RELIASTAR LIFE INSU 001 218700 PR3 DEDUCTIONS 0.00 26.76 104000 73696 10/31/14 1910 SUNGARD PUBLIC SECT 131 55210 LF141727/PLUS/LICEN 0.00 23193.00 104000 73697 10/31/14 419 VALIC 218700 PR3 DEDUCTIONS 0.00 325.00 104000 104000 TOTAL CHECK 73699 73699 11/05/14 13 11/05/14 13 AL FRASER, CLERK OF 25 AL FRASER, CLERK OF 12 54905 59180 REC FEES/G CREAMER NOV DRAW 0.00 0.00 0.00 10.00 8122.25 8132.25 104000 73700 11/05/14 446 ANGELIA SHIVALIER 54910 REFUND/AG RENTAL 0.00 267.50 104000 73702 11/05/14 571 ANIMAL CARE EQUIPME 34 56400 CATCH POLES 0.00 222.60 104000 104000 104000 104000 104000 104000 104000 104000 TOTAL CHECK 73705 73705 73705 73705 73705 73705 73705 73705 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 AUS AUS AUS AUS AUS AUS AUS AUS 21 291 20 33 25 11 33 21 55210 54615 54600 55210 55210 55210 55210 55210 UNIFORMS/TANYA CLEAN MATS/AG CNTR CLEAN MATS/COURTHSE UNIFORMS/DONALD UNIFORMS/BOBBY CLEAN MATS/ADMIN UNIFORMS/ALVIN UNIFORMS/SHANNON 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7.48 21.01 41.10 3.06 7.48 9.14 3.06 11.52 103.85 104000 73707 11/05/14 50 BAKER COUNTY CHAMBE 350 53402 NOV REQUEST 0.00 1375.00 104000 73708 11/05/14 63 BANK OF AMERICA 36 54200 POSTAGE/ST. AID 0.00 153.25 104000 73709 11/05/14 466 BARNETT 21 54600 CONDUITE PVC/MAINT 0.00 168.90 104000 104000 TOTAL CHECK 73711 73711 11/05/14 2028 11/05/14 2028 BOUND TREE MEDICAL BOUND TREE MEDICAL 27 27 55210 55210 MEDICAL SUPPLIES MEDICAL SUPPLIES 0.00 0.00 0.00 507.70 37.50 545.20 33 33 33 33 33 33 33 33 RUN DATE 11/12/2014 TIME 11:23:52 FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA 001 GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP 291 L L L L L L L L SUNGARD PENTAMATION − FUND ACCOUNTING SUNGARD PENTAMATION − FUND ACCOUNTING DATE: 11/12/14 TIME: 11:23:49 PAGE NUMBER: ACCTPA21 BAKER CO BOARD OF COUNTY COMMISSIONERS CHECK REGISTER − BY FUND 2 SELECTION CRITERIA: transact.gl_cash="104000" and transact.ck_date>="10/29/2014" ACCOUNTING PERIOD: 2/15 FUND − 001 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−VENDOR−−−−−−−−−−− DEPT/FUND ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT 104000 104000 TOTAL CHECK 73717 73717 11/05/14 1185 11/05/14 1185 COPYFAX INC COPYFAX INC 20 11 54600 54600 COPIER/JK0094/COURT COPIER/JK1286/ADMIN 0.00 0.00 0.00 78.65 30.80 109.45 104000 73723 11/05/14 588 HENRY SCHEIN INC 27 56400 IV PUMP,2 BP & MONI 0.00 4300.00 104000 73726 11/05/14 1645 INTERSTATE ALL BATT 27 55210 AED BATTERY 0.00 244.00 104000 104000 TOTAL CHECK 73727 73727 11/05/14 247 11/05/14 247 JANPAK FLORIDA JANPAK FLORIDA 20 20 55210 55210 SUPPLIES/CH SUPPLIES/CH 0.00 0.00 0.00 135.17 139.86 275.03 104000 73732 11/05/14 2351 KOPELOUSOS,BRADLEY 16 53100 OCT LEGAL FEES 0.00 4524.44 104000 104000 104000 104000 104000 104000 104000 104000 TOTAL CHECK 73733 73733 73733 73733 73733 73733 73733 73733 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 267 267 267 267 267 267 267 267 L L L L L L L L 34 34 33 34 11 27 33 33 55211 55211 55211 55211 55211 55211 55211 55211 FUEL/ANIMAL CONTROL FUEL/ANIMAL CONTROL FUEL/RECREATION FUEL/ANIMAL CONTROL FUEL/ADMIN FUEL/EMS FUEL/RECREATION FUEL/RECREATION 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 50.88 44.42 71.65 50.88 34.47 462.35 190.38 67.82 972.85 104000 104000 104000 104000 104000 104000 104000 104000 104000 TOTAL CHECK 73741 73741 73741 73741 73741 73741 73741 73741 73741 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 1743 1743 1743 1743 1743 1743 1743 1743 1743 PITSTOP PITSTOP PITSTOP PITSTOP PITSTOP PITSTOP PITSTOP PITSTOP PITSTOP 33 33 33 33 33 33 33 33 33 54400 54400 54400 54400 54400 54400 54400 54400 54400 NOV/ST MARY’S RIVR NOV/CUYLER PARK NOV/BOY SCOUT LANDN NOV/KNABB SPTS CMPL NOV/TAYLOR PARK NOV/VOLLEYBALL CTS NOV/MARGARETTA PK NOV/JONESVILLE PK NOV/OLUSTEE PARK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100.00 45.00 90.00 90.00 45.00 90.00 45.00 45.00 45.00 595.00 104000 104000 TOTAL CHECK 73742 73742 11/05/14 647 11/05/14 647 PRAXAIR DISTRIBUTIO 27 PRAXAIR DISTRIBUTIO 27 55210 55210 OXYGEN/EMS OXYGEN/;EMS 0.00 0.00 0.00 62.08 62.08 124.16 104000 104000 104000 TOTAL CHECK 73744 73744 73744 11/05/14 4 11/05/14 4 11/05/14 4 RICOH USA, INC RICOH USA, INC RICOH USA, INC 29 11 11 54400 54400 54400 COPIER/MPC3003/EXTN COPIER/MP4002/ADMIN COPIER/MP5001/CH 0.00 0.00 0.00 0.00 122.03 115.69 102.81 340.53 104000 73747 11/05/14 2091 SUPERIOR CLEANERS 27 54600 EMS CLEANING 0.00 16.74 104000 73749 11/05/14 2089 THE ARC NORTH FLORI 351 58202 2014−15 ALLOCATION 0.00 5000.00 RUN DATE 11/12/2014 TIME 11:23:52 V V V V V V V V HIERS HIERS HIERS HIERS HIERS HIERS HIERS HIERS INC INC INC INC INC INC INC INC PORTABLE PORTABLE PORTABLE PORTABLE PORTABLE PORTABLE PORTABLE PORTABLE PORTABLE RE RE RE RE RE RE RE RE RE SUNGARD PENTAMATION − FUND ACCOUNTING SUNGARD PENTAMATION − FUND ACCOUNTING DATE: 11/12/14 TIME: 11:23:49 PAGE NUMBER: ACCTPA21 BAKER CO BOARD OF COUNTY COMMISSIONERS CHECK REGISTER − BY FUND 3 SELECTION CRITERIA: transact.gl_cash="104000" and transact.ck_date>="10/29/2014" ACCOUNTING PERIOD: 2/15 FUND − 001 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−VENDOR−−−−−−−−−−− DEPT/FUND ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT 104000 73750 11/05/14 271 THE LAKE DOCTORS IN 33 54600 NOV WATER MANGMENT 0.00 125.00 104000 73751 11/05/14 1710 VERIZON WIRELESS 27 54100 WIRELESS SERV/EMS 0.00 21.06 104000 73752 11/05/14 424 VORTECH PHARMACEUTI 34 55210 DRUGS/ANIMAL CONTRO 0.00 150.00 104000 104000 104000 104000 104000 104000 104000 TOTAL CHECK 73753 73753 73753 73753 73753 73753 73753 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 WAL−MART WAL−MART WAL−MART WAL−MART WAL−MART WAL−MART WAL−MART 11 20 11 21 20 34 36 55210 55210 55210 54600 55210 55210 55210 CARD FEES BATTERIES/CH COFFEE,WATER/ADMIN INSTACLING/MAINT BATTERES,BRUSH/CH CLEANING SUPP/ANIMA CLEANING SUPPLIES/L 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.26 11.97 23.96 25.92 17.32 111.14 253.88 444.45 104000 104000 TOTAL CHECK 73754 73754 11/05/14 429 11/05/14 429 WAL−MART COMMUNITY/ 27 WAL−MART COMMUNITY/ 27 55210 55210 COFFEE,CLNING SUPP/ CARD CHGS 0.00 0.00 0.00 59.36 0.72 60.08 104000 73756 11/05/14 433 ZEE MEDICAL, INC. 25 55210 REPLNSH 1ST AID/BLD 0.00 49.09 104000 73757 11/07/14 261 KEN’S FENCING LLC 33 54600 FENCE/VETERANS PARK 0.00 3558.87 104000 104000 104000 TOTAL CHECK 73758 73758 73758 11/10/14 14 11/10/14 14 11/10/14 14 ALACHUA COUNTY BOAR 157 ALACHUA COUNTY BOAR 158 ALACHUA COUNTY BOAR 22 55215 55215 55215 4QTR14 STATE ATTY 4QTR14 PBLC DEF CRE 4QTR14 CIRCUIT 0.00 0.00 0.00 0.00 3018.60 −8.86 13411.63 16421.37 104000 104000 104000 104000 104000 104000 104000 104000 104000 104000 104000 104000 104000 104000 104000 104000 TOTAL CHECK 73760 73760 73760 73760 73760 73760 73760 73760 73760 73760 73760 73760 73760 73760 73760 73760 11/10/14 11/10/14 11/10/14 11/10/14 11/10/14 11/10/14 11/10/14 11/10/14 11/10/14 11/10/14 11/10/14 11/10/14 11/10/14 11/10/14 11/10/14 11/10/14 FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA FLORIDA 34 291 33 21 20 331 351 351 11 11 27 25 351 15 32 351 54600 54615 54600 54600 54600 54612 54608 54608 54600 54600 54600 54600 54610 54600 54600 54616 ANIMAL CNTR/ANN PES AG CNTR/ANN PEST CO RECREATN/ANN PEST C MAINT SHOP/ANN PEST COURTHSE/ANN PEST C HIST SOC/ANN PEST C COA/ANN PEST CONTRO SANDRSN CNTR/ANN PE ADMIN/ANN PEST CONT DISCOUNT/ANN PEST C EOC/ANN PEST CONTRO BLDG./ANN PEST CONT HLTH DEPT/ANN PEST TAX COLL BLDG/ANN P LIBRARY/ANN PEST CO CT SERVS/AN PEST CO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 116.00 116.00 116.00 116.00 140.00 116.00 116.00 140.00 116.00 −29.00 129.00 116.00 140.00 140.00 116.00 116.00 1820.00 104000 73763 11/10/14 158 29 51300 20 HRS @ 8.00 HR. 0.00 160.00 428 428 428 428 428 428 428 2349 2349 2349 2349 2349 2349 2349 2349 2349 2349 2349 2349 2349 2349 2349 2349 COMMUNITY/ COMMUNITY/ COMMUNITY/ COMMUNITY/ COMMUNITY/ COMMUNITY/ COMMUNITY/ PEST PEST PEST PEST PEST PEST PEST PEST PEST PEST PEST PEST PEST PEST PEST PEST KYLE E. BROWN CONTRO CONTRO CONTRO CONTRO CONTRO CONTRO CONTRO CONTRO CONTRO CONTRO CONTRO CONTRO CONTRO CONTRO CONTRO CONTRO RUN DATE 11/12/2014 TIME 11:23:52 SUNGARD PENTAMATION − FUND ACCOUNTING SUNGARD PENTAMATION − FUND ACCOUNTING DATE: 11/12/14 TIME: 11:23:49 PAGE NUMBER: ACCTPA21 BAKER CO BOARD OF COUNTY COMMISSIONERS CHECK REGISTER − BY FUND 4 SELECTION CRITERIA: transact.gl_cash="104000" and transact.ck_date>="10/29/2014" ACCOUNTING PERIOD: 2/15 FUND − 001 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−VENDOR−−−−−−−−−−− DEPT/FUND ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT 104000 104000 TOTAL CHECK 73765 73765 11/10/14 390 11/10/14 390 SPORTS SHAK SPORTS SHAK 55210 55210 PLAQUE/AL FRASER PLAQUE/GIDDENS 0.00 0.00 0.00 30.00 30.00 60.00 104000 104000 TOTAL CHECK 73766 73766 11/10/14 1774 11/10/14 1774 UNITEDHEALTHCARE SP 001 UNITEDHEALTHCARE SP 35 218100 52310 SEPT BILL SEPT RETIREE LIFE 0.00 0.00 0.00 322.08 108.90 430.98 TOTAL CASH ACCOUNT 0.00 75360.23 TOTAL FUND 0.00 75360.23 RUN DATE 11/12/2014 TIME 11:23:52 11 11 SUNGARD PENTAMATION − FUND ACCOUNTING SUNGARD PENTAMATION − FUND ACCOUNTING DATE: 11/12/14 TIME: 11:23:49 PAGE NUMBER: ACCTPA21 BAKER CO BOARD OF COUNTY COMMISSIONERS CHECK REGISTER − BY FUND 5 SELECTION CRITERIA: transact.gl_cash="104000" and transact.ck_date>="10/29/2014" ACCOUNTING PERIOD: 2/15 FUND − 103 − ROAD & BRIDGE FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−VENDOR−−−−−−−−−−− DEPT/FUND ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT 104000 73698 11/05/14 1218 AIRGAS USA, LLC 55 55210 PO39641/SHOP SUPPLI 0.00 81.53 104000 104000 TOTAL CHECK 73705 73705 11/05/14 33 11/05/14 33 AUS FLORIDA GROUP L 55 AUS FLORIDA GROUP L 55 55210 55210 PO39663/UNIFORMS/RD PO39663/SHOP TWLS,R 0.00 0.00 0.00 143.56 69.86 213.42 104000 73710 11/05/14 2309 BEARD EQUIPMENT COM 55 54602 PO39672/BLOWER PART 0.00 103.40 104000 73713 11/05/14 75 C&W ICE, LLC 55 55210 PO39667/ICE/RD 0.00 46.40 104000 73719 11/05/14 446 DEREK COMBS 55 55210 REIMB DRVR LICS REN 0.00 27.00 104000 73720 11/05/14 205 GATEWAY PEST CONTRO 55 55300 PO39644/HORNET NEST 0.00 150.00 104000 73724 11/05/14 233 HILL MANUFACTURING 55 55210 PO39648/PRILUBE/SHO 0.00 204.96 104000 104000 104000 TOTAL CHECK 73733 73733 73733 11/05/14 267 11/05/14 267 11/05/14 267 L V HIERS INC L V HIERS INC L V HIERS INC 55 55 55 55210 55210 54602 PO39674/FUEL/RD PO39654/FUEL/RD PO39670/FUEL PUMP 0.00 0.00 0.00 0.00 3795.00 3398.92 380.00 7573.92 104000 73734 11/05/14 202 LUBE SPECIALISTS 55 54602 PO39681/TRANS HOSE 0.00 142.30 104000 104000 104000 104000 104000 TOTAL CHECK 73735 73735 73735 73735 73735 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 MACCLENNY MACCLENNY MACCLENNY MACCLENNY MACCLENNY 55 55 55 55 55 54602 54602 55210 54602 54602 PO39651/HOSE, FITTI PO39676/HOSE,FITTIN PO39665/OIL FILTR S PO39652/LIGHT REPAI PO39666/FUEL FILTER 0.00 0.00 0.00 0.00 0.00 0.00 44.61 138.90 32.49 65.75 62.10 343.85 104000 73736 11/05/14 2067 MACCLENNY TIRE AND 55 54602 PO39677/TIRES 0.00 565.50 104000 73745 11/05/14 365 RING POWER CORPORAT 55 54602 PO39661/COUPLING,SE 0.00 234.12 104000 73753 11/05/14 428 WAL−MART COMMUNITY/ 55 55100 PO39634/OFFICE SUPP 0.00 50.81 104000 73760 11/10/14 2349 FLORIDA PEST CONTRO 55 54600 ROAD YD/ANN PEST CO 0.00 116.00 TOTAL CASH ACCOUNT 0.00 9853.21 TOTAL FUND 0.00 9853.21 284 284 284 284 284 RUN DATE 11/12/2014 TIME 11:23:52 MOTOR MOTOR MOTOR MOTOR MOTOR PAR PAR PAR PAR PAR SUNGARD PENTAMATION − FUND ACCOUNTING SUNGARD PENTAMATION − FUND ACCOUNTING DATE: 11/12/14 TIME: 11:23:49 PAGE NUMBER: ACCTPA21 BAKER CO BOARD OF COUNTY COMMISSIONERS CHECK REGISTER − BY FUND 6 SELECTION CRITERIA: transact.gl_cash="104000" and transact.ck_date>="10/29/2014" ACCOUNTING PERIOD: 2/15 FUND − 104 − FINE & FORFEITURE FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−VENDOR−−−−−−−−−−− DEPT/FUND ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT 104000 104000 104000 104000 TOTAL CHECK 73693 73693 73693 73693 10/31/14 10/31/14 10/31/14 10/31/14 72 69 90 73 59180 59180 59180 59180 NOV NOV NOV NOV CITY LAW ENFORC LAW ENFORCEMENT JUDICIAL DISPATCH 0.00 0.00 0.00 0.00 0.00 57227.00 258121.00 22041.00 22935.00 360324.00 104000 73706 11/05/14 1670 BAKER CORRECTIONAL 71 58111 INMATE MEDICAL CLAI 0.00 30767.96 104000 73721 11/05/14 218 GUERRY FUNERAL HOME 24 53114 MED EX TRANSP/SWISH 0.00 335.00 104000 73730 11/05/14 253 JOEY B DOBSON, SHER 23 56431 BPV REIMBURSEMENT 0.00 1076.94 TOTAL CASH ACCOUNT 0.00 392503.90 TOTAL FUND 0.00 392503.90 253 253 253 253 JOEY JOEY JOEY JOEY RUN DATE 11/12/2014 TIME 11:23:52 B B B B DOBSON, DOBSON, DOBSON, DOBSON, SHER SHER SHER SHER SUNGARD PENTAMATION − FUND ACCOUNTING SUNGARD PENTAMATION − FUND ACCOUNTING DATE: 11/12/14 TIME: 11:23:49 PAGE NUMBER: ACCTPA21 BAKER CO BOARD OF COUNTY COMMISSIONERS CHECK REGISTER − BY FUND 7 SELECTION CRITERIA: transact.gl_cash="104000" and transact.ck_date>="10/29/2014" ACCOUNTING PERIOD: 2/15 FUND − 105 − FIRE DEPARTMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−VENDOR−−−−−−−−−−− DEPT/FUND ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT 104000 73687 10/31/14 2125 BAKER’S COMMUNICATI 54 54600 RAIDO REPAIRS/FIRE 0.00 459.00 104000 73701 11/05/14 248 ANGIE CONNOR (NC) 54 51300 OCT FIRE RUNS 0.00 43.96 104000 73703 11/05/14 149 APRIL BETZ 54 51300 OCT FIRE RUNS 0.00 285.74 104000 73704 11/05/14 1077 AT&T 54 54100 FIRE ST. 80 0.00 97.86 104000 73712 11/05/14 1921 BRITTON HOLLAR (SC) 54 51300 OCT FIRE RUNS 0.00 54.95 104000 73714 11/05/14 100 CDW GOVERNMENT INC 54 56400 PRINTER/FIRE 0.00 382.04 104000 73715 11/05/14 2208 CHEYENNE K MURRAY ( 54 51300 OCT FIRE RUNS 0.00 120.89 104000 73716 11/05/14 99 CHRISTOPHER MIRACLE 54 51300 OCT FIRE RUNS 0.00 98.91 104000 73718 11/05/14 1920 DAMIEN BURNSED (SC) 54 51300 OCT FIRE RUNS 0.00 208.81 104000 73725 11/05/14 199 HUNTER PRINTING 54 55240 PRINTING/WATERSHED 0.00 1090.55 104000 73728 11/05/14 2063 JEAN DENICOLA (SC) 54 51300 OCT FIRE RUNS 0.00 175.84 104000 73729 11/05/14 1717 JENNIFER DAVIS (NC) 54 51300 OCT FIRE RUNS 0.00 417.62 104000 73731 11/05/14 797 JOHN T DYAL (NC) 54 51300 OCT FIRE RUNS 0.00 186.83 104000 73738 11/05/14 2216 MICHAEL WHITEHEAD ( 54 51300 OCT FIRE RUNS 0.00 98.91 104000 73739 11/05/14 1352 O’REILLY AUTOMOTIVE 54 54602 SOLENOID/FIRE/AT 50 0.00 34.37 104000 73746 11/05/14 1504 SPRINT 54 54100 PHONE/SUPPLIES/FIRE 0.00 67.98 104000 73748 11/05/14 1992 TANYA ANDERSON 54 51300 OCT FIRE RUNS 0.00 43.96 104000 73754 11/05/14 429 WAL−MART COMMUNITY/ 54 55210 WASH/WAX,WATR/FIRE 0.00 25.94 104000 73755 11/05/14 2181 WILLIAM PRIMO (SC) 51300 OCT FIRE RUNS 0.00 758.31 TOTAL CASH ACCOUNT 0.00 4652.47 TOTAL FUND 0.00 4652.47 RUN DATE 11/12/2014 TIME 11:23:52 54 SUNGARD PENTAMATION − FUND ACCOUNTING SUNGARD PENTAMATION − FUND ACCOUNTING DATE: 11/12/14 TIME: 11:23:49 PAGE NUMBER: ACCTPA21 BAKER CO BOARD OF COUNTY COMMISSIONERS CHECK REGISTER − BY FUND 9 SELECTION CRITERIA: transact.gl_cash="104000" and transact.ck_date>="10/29/2014" ACCOUNTING PERIOD: 2/15 FUND − 116 − SOLID WASTE CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−VENDOR−−−−−−−−−−− DEPT/FUND ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT 104000 73704 11/05/14 1077 AT&T 65 54100 OLUSTEE RECYC SITE 0.00 168.52 104000 104000 TOTAL CHECK 73735 73735 11/05/14 284 11/05/14 284 MACCLENNY MOTOR PAR 65 MACCLENNY MOTOR PAR 65 54602 54602 PO39664/COUPLING,TU PO39656/BARS LEAKE 0.00 0.00 0.00 50.43 3.15 53.58 104000 73740 11/05/14 306 P & R ELECTRIC INC 65 55210 PO39673/PWR CK COMP 0.00 90.00 104000 104000 104000 104000 104000 104000 104000 104000 104000 TOTAL CHECK 73741 73741 73741 73741 73741 73741 73741 73741 73741 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 11/05/14 PITSTOP PITSTOP PITSTOP PITSTOP PITSTOP PITSTOP PITSTOP PITSTOP PITSTOP 65 65 65 65 65 65 65 65 65 54400 54400 54400 54400 54400 54400 54400 54400 54400 NOV/STEEL BRIDGE DU NOV/GLEN DUMP SITE NOV/SANDRSN DUMP SI NOV/228 DUMP SITE NOV/MUDLAKE DUMP SI NOV/CUYLER DUMP SIT NOV/BAXTER DUMP NOV/OLUSTEE DUMP SI NOV/YARD,LIMB DUMP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 405.00 104000 73743 11/05/14 344 65 53403 PO39660/WASTE TIRE 0.00 491.40 TOTAL CASH ACCOUNT 0.00 1208.50 TOTAL FUND 0.00 1208.50 1743 1743 1743 1743 1743 1743 1743 1743 1743 PORTABLE PORTABLE PORTABLE PORTABLE PORTABLE PORTABLE PORTABLE PORTABLE PORTABLE RE RE RE RE RE RE RE RE RE PRITCHETT TRUCKING RUN DATE 11/12/2014 TIME 11:23:52 SUNGARD PENTAMATION − FUND ACCOUNTING SUNGARD PENTAMATION − FUND ACCOUNTING DATE: 11/12/14 TIME: 11:23:49 PAGE NUMBER: ACCTPA21 BAKER CO BOARD OF COUNTY COMMISSIONERS CHECK REGISTER − BY FUND 10 SELECTION CRITERIA: transact.gl_cash="104000" and transact.ck_date>="10/29/2014" ACCOUNTING PERIOD: 2/15 FUND − 119 − COURT FACILITY FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−VENDOR−−−−−−−−−−− DEPT/FUND ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT 104000 11/05/14 235 54600 COMPLETE EXT BLDG. 0.00 3500.00 TOTAL CASH ACCOUNT 0.00 3500.00 TOTAL FUND 0.00 3500.00 73737 MICHAEL SCARBOROUGH 922 RUN DATE 11/12/2014 TIME 11:23:52 SUNGARD PENTAMATION − FUND ACCOUNTING SUNGARD PENTAMATION − FUND ACCOUNTING DATE: 11/12/14 TIME: 11:23:49 PAGE NUMBER: ACCTPA21 BAKER CO BOARD OF COUNTY COMMISSIONERS CHECK REGISTER − BY FUND 11 SELECTION CRITERIA: transact.gl_cash="104000" and transact.ck_date>="10/29/2014" ACCOUNTING PERIOD: 2/15 FUND − 166 − 12.50 SC FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−VENDOR−−−−−−−−−−− DEPT/FUND ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT 104000 11/05/14 1734 54600 SOF ACCESS FEE/OCT 0.00 2142.00 TOTAL CASH ACCOUNT 0.00 2142.00 TOTAL FUND 0.00 2142.00 TOTAL REPORT 0.00 495910.43 73722 HARRIS CORPORATION− 96 RUN DATE 11/12/2014 TIME 11:23:52 SUNGARD PENTAMATION − FUND ACCOUNTING Pending Business PENDING BUSINESS ITEM Courthouse HVAC conversion recommendation PRIORITY High STATUS Transportation Center Construction High In Progress Recreation Board Creation Normal In Progress 03/15/2014 07/01/2014 75% Follow up workshop scheduled for 12/2/14. Site contractor scheduled on site 12/1. Building contractor 50% scheduled on site 12/15. First meeting held 11/6/14. Elected officers and set meeting 75% schedule for 2nd Tuesday of the month. LDR Revisions High In Progress 05/06/2014 10/01/2014 75% Health Insurance for new hires Utility Audit Normal Normal Complete In Progress 06/17/2014 08/19/2014 07/01/2014 09/16/2014 In Progress START DATE 2/1/2014 DUE DATE 7/1/2014 07/01/2015 % COMPLETE COMMENTS Policy changes priortized and worked. First priority is mining. Decision made 11/6/14 to not subsidize cost for family 100% coverage for new hires. 50% Awaiting RFP responses. RESOLUTION 2014‐25 BAKER COUNTY BOARD OF COUNTY COMMISSIONERS BUDGET TRANSFERS FOR FISCAL YEAR 2014 ‐ 2015 GENERAL REVENUE FROM 351‐53105 Indigent Hospital Care TO 14‐55210 Prop. Appraiser/Operating Supplies AMOUNT $ 500.00 351‐53105 Indigent Hospital Care 14‐59180 Prop. Appraiser/Trans to Const. Officer $ 5,491.00 351‐53105 Indigent Hospital Care 15‐54301 Tax Coll Bldg/Electric $ 1,693.00 351‐53105 Indigent Hospital Care 15‐54302 Tax Coll Bldg/Water $ 106.00 351‐53105 Indigent Hospital Care 15‐54600 Tax Coll Bldg/Repairs & Maint. $ 360.00 351‐53105 Indigent Hospital Care 15‐59180 Tax Coll/Trans to Const. Officer $ 11,011.00 351‐53105 Indigent Hospital Care 16‐53100 Prof. Services/County Attorney Fees $ 19,197.00 351‐53105 Indigent Hospital Care 16‐53130 Legal Fees $ 3,326.00 351‐53105 Indigent Hospital Care 21‐56400 Fac. Maint/Equipment $ 1,761.00 351‐53105 Indigent Hospital Care 221‐56400 Guardian Ad Litem/Equip. $ 797.00 39‐56300 Shoals Pk/Improvements 33‐51200 Recreation/Salaries $ 4,394.00 39‐56300 Shoals Pk/Improvements 33‐52200 Recreation/Retirement $ 1,547.00 39‐56300 Shoals Pk/Improvements 33‐54300 Recreation/Utilities $ 6,382.00 39‐56300 Shoals Pk/Improvements 33‐54600 Recreation/Reps & Maint. $ 9,854.00 39‐56300 Shoals Pk/Improvements 331‐54300 Comm. Centers/Utility Service $ 431.00 39‐56300 Shoals Pk/Improvements 331‐54609 Sanderson Center Rep. & Maint. $ 291.00 39‐56300 Shoals Pk/Improvements 331‐54614 Equestrian Arena Rep. & Maint. $ 1,245.00 291‐54615 Ag Center/Bldg. Maint. 20‐54600 Courthouse/Rep & Maint. $ 2,500.00 291‐54615 Ag Center/Bldg. Maint. 21‐52300 Fac. Maint/Health Ins. $ 1,546.00 25‐51200 Bldg.Dept/Salaries 21‐54600 Fac. Maint/Rep & Maint. $ 3,000.00 25‐51200 Bldg. Dept/Salaries 251‐51200 Planning & Zoning/Salaries $ 2,501.00 25‐51200 Bldg. Dept/Salaries 251‐54901 Planning & Zoning/Advertising $ 2,435.00 351‐53105 Indigent Hospital 35‐52310 Retirees Insurance $ 37,673.00 $ 118,041.00 Total General Revenue Transfers ATTEST: ________________________________________ Jimmy Anderson, Chairman __________________________________________ Stacie D. Harvey, Clerk to the Board 2015 COUNTY HOLIDAYS New Year’s Day Thursday January 1, 2015 Martin Luther King, Jr. Day Monday January 19, 2015 Good Friday Friday April 3, 2015 Memorial Day Monday May 25, 2015 Independence Day Friday July 3, 2015 Labor Day Monday September 7, 2015 Veterans Day Wednesday November 11, 2015 Thanksgiving Day Thursday November 26, 2015 Day after Thanksgiving Friday November 27, 2015 Christmas Eve Thursday December 24, 2015 Christmas Day Friday December 25, 2015 EACH EMPLOYEE WILL BE ENTITLED 8 HOURS OF PAID PERSONAL LEAVE PER YEAR In addition to the holidays listed above, the State Cabinet or Board of County Commissioners may designate other holidays. Approved by Board of County Commissioners November 18, 2014 SHIP BID- Staff Recommendations New Construction Max- $65,000 (doesn’t include price of septic system) Rehabilitation Max - $36,000 LOCKE- Emergency Assistance Recommend award to Chalker Branch in the amount of $3,210 ROTHFELDT- New Construction Recommend award to Brent Whitney (5% local preference) in the amount of $59,800 Potential change order once septic is inspected HIGGINBOTHAM- Emergency Assistance Recommend award to Chalker Branch in the amount of $6,300 RHUE- Rehabilitation Recommend award to Chalker Branch in the amount of $6,531.20 Requesting additional work of replacement of HVAC system. Not included in bid. HOLTON- New Construction Recommend award to Rock Rhoden in the amount of $58,900 DONLEY- New Construction Recommend award to Brent Whitney (5% local preference) in the amount of $67,950 RESOLUTION # 2014-26 A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BAKER COUNTY BOARD OF COUNTY COMMISSIONERS AND UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, CARPENTERS INDUSTRIAL COUNCIL AND ITS AFFILIATE LOCAL UNION 2502, FOR THE PERIOD OCTOBER 1, 2014 TO SEPTEMBER 30, 2017. =============================================================== Whereas, the Baker County Board of County Commissioners have negotiated in good faith with Local 2502 regarding an employment contract for the period beginning October 1, 2014 until September 30, 2017, and Whereas, the parties have agreed to the contract attached hereto and, Whereas, by adoption of this resolution the County Manager is hereby authorized to execute the contract on behalf of the Board of County Commissioners. Whereas, the parties have agreed to only amend the existing contract as specified herein. Now therefore be it resolved by the Board of County Commissioners as follows: 1. Section 13.1 is amended to provide a 3% salary increase consistent with all other county employees. 2. Section 19.1 is amended to be consistent with the County policy on Court Time. 3. Section 27.2 is amended to provide for a three year term contract. Section XIII (Wages) shall be subject to negotiations on an annual basis. Each party may also negotiate one additional section annually. Done and resolved this 18th day of November, 2014 at a regular meeting of the Baker County Board of County Commissioners. _____________________________ Oliver J. Anderson Chairman __________________________ Stacie D. Harvey Clerk to the Board COLLECTIVE BARGAINING AGREEMENT Between BAKER COUNTY BOARD OF COUNTY COMMISSIONERS And UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, CARPENTERS INDUSTRIAL COUNCIL AND ITS AFFILIATE LOCAL UNION 2502 October 1, 2014 through September 30, 2017 Table of Contents PREAMBLE ....................................................................................................................... 1 I. UNION RECOGNITION ............................................................................................ 1 II. UNION SECURITY AND CHECK OFF ............................................................... 1 III. MANAGEMENT SECURITY ................................................................................ 2 IV. MANAGEMENT RIGHTS ..................................................................................... 3 V. UNION STEWARDS AND UNION REPRESENTATION................................... 4 VI. UNION ACTIVITY ................................................................................................. 4 VII. GRIEVANCE PROCEDURE .................................................................................. 5 VIII. SPECIAL MEETINGS ........................................................................................ 7 IX. DISCHARGE AND DISCIPLINE .......................................................................... 7 X. PERSONAL LEAVE ............................................................................................... 9 XI. HOLIDAY LEAVE ............................................................................................... 11 XII. HOURS OF WORK AND OVERTIME ............................................................... 12 XIII. WAGES .............................................................................................................. 13 XIV. INJURY-IN-LINE-OF DUTY ........................................................................... 14 XV. EMPLOYEE BENEFITS....................................................................................... 14 XVI. SENIORITY ....................................................................................................... 16 XVII. SAFETY AND HEALTH .................................................................................. 18 XVIII. BULLETIN BOARDS ................................................................................ 18 XIX. JURY DUTY .......................................................Error! Bookmark not defined. XX. MILITARY LEAVE .............................................................................................. 20 XXI. INSURANCE ..................................................................................................... 21 XXII. CLASSIFICATION AND WAGE RATES ....................................................... 21 XXIII. FUNERAL LEAVE ........................................................................................... 22 XXIV. LEAVES OF ABSENCE................................................................................ 22 XXV. SEVERABILITY ............................................................................................... 23 XXVI. SAVINGS CLAUSE ...................................................................................... 23 XXVII. ENTIRE AGREEMENT ................................................................................ 23 PREAMBLE This Agreement is entered into as of October 1, 2014, between the County of Baker, hereinafter referred to as the Public Employer, and the United Brotherhood of Carpenters and Joiners of America, Carpenters Industrial Council and its affiliate Local Union 2502. It is the intent and purpose of this agreement to assure sound and mutually beneficial working and economic relationships between the parties hereto, to provide and orderly and peaceful means of resolving any misunderstandings or differences which may arise, and to set forth herein basic and full agreement between the parties concerning rates of pay, wages, hours of employment and other terms and conditions of employment. There shall be no individual arrangements or agreements made covering any part, or all of this agreement contrary to the terms provided herein. Either party hereto shall be entitled to require specific performances of the provisions of this agreement. It is understood that the County of Baker is engaged in furnishing essential public services which vitally affect the health, safety, comfort, and general wellbeing of the public, and both parties hereto recognize theneed for continuous and reliable service to the public. I. UNION RECOGNITION Section 1.1 Pursuant to and in accordance with all applicable provisions of Chapter 447, Florida Statutes, the Public Employer recognizes the Union as the exclusive bargaining representative for those employees in the defined bargaining unit for the purpose of collective bargaining with respect to rates of pay, wages, hours of work and other conditions of employment, unless and until recognition of such bargaining representative is withdrawn by a vote of the majority of the employees represented. Employees shall mean all full time permanently employed classified members of the public employer, employed in those classifications contained in the defined unit. Section 1.2 It is further understood and agreed that the Representative of the United Brotherhood of Carpenters and Joiners of America, Carpenters Industrial Council, or his designee of Local 2502 and the Steward of Local Union 2502 will be the official spokesmen for said Union in any matter between the Union and the Public Employer. II. UNION SECURITY AND CHECK OFF Section 2.1 The Public Employer will issue a copy of the agreement to each employee within the bargaining unit, as recognition of the United Brotherhood of Carpenters and Joiners of America, Carpenters Industrial Council and its affiliate Local Union 2502 by the employer as being the exclusive bargaining unit. 1 Section 2.2 Upon receipt of a written authorization from an employee covered by this agreement, the Public Employer will deduct from the employee’s pay the amount owed to the Union by such employee for dues. It is understood that this provision is for twenty-six (26) deductions per year. The Public Employer will submit to the United Brotherhood of Carpenters and Joiners of America, Carpenters Industrial Council office such sums within thirty (30) days. Changes in the Union membership dues rates will be certified to the Public Employer in writing over the signature of the authorized officer or officers of the Union, and shall be done at least thirty (30) days in advance of the effective date of the change. The Public Employer’s remittance will be deemed correct if the Union does not give written notice to the Public Employer within two (2) calendar weeks after a remittance is received, of its belief, with reasons stated therefore, that the remittance is incorrect. Section 2.3 The Union will indemnify, defend and hold the Public Employer harmless against any claim of any check off of Union dues. Section 2.4 In accordance with the appropriate section of Chapter 447, Florida Statutes, an employee may revoke his dues deduction upon thirty (30) days notice in writing to the Public Employer and the Employee Organization. Section 2.5 No deduction shall be made from the pay of any employee for any payroll period in which the employee’s net earnings for payroll period, after other deductions, are less than the amount of dues to be checked off. The Union will arrange collection of dues for that month directly from the employee. If an employee who is absent on account of sickness, leave of absence, or for any other reasons has no earnings due him for that month, no deductions will be made from the employee for that month. The Union will arrange collection of dues for that month directly from that employee. III. MANAGEMENT SECURITY Section 3.1 The Union and its members agree that during the life of this agreement, they shall have no right to engage in any work stoppage, slow-down or strike, or similar activities, the consideration for such provision being the right to resolution of disputed questions. Management shall have the right to discharge or otherwise discipline any or all employees who violate the provisions of this paragraph. The only question that may be raised in any proceeding, grievance, judicial or otherwise, contesting such action is whether the provision preventing work stoppage, slow-down, strike or similar activities was violated by the employee to be discharged. 2 Section 3.2 A. The Union, its representatives, agents, members or any persons acting on their behalf agree that this following “other unlawful acts” as defined in Chapter 447, Florida Statutes, ate prohibited: 1. Soliciting public employees during working hours of any employee who is involved in the solicitation. 2. Distributing literature during working hours in areas where the actual work of public employees is performed such as offices, warehouses, schools, police stations, fire stations and any similar public installations. This section shall not be construed to prohibit the distribution of literature during the employee’s lunch hour or in such areas not specifically devoted to the performance of the employee’s official duties. 3. Instigating or advocating support, in any positive manner, for any employee’s organization’s activities from high school or grade school students during classroom time. B. No employee organization shall directly or indirectly pay any fines or penalties assessed against individual pursuant to the provisions of this part. C. The Circuit Courts of the state shall have jurisdiction to enforce the provisions of this section by injunction and contempt proceedings, if necessary. A public employee who may be discharged or otherwise disciplined by his public employer, notwithstanding the provisions of any collective bargaining agreement. Section 3.3 The Public Employer and the Union agree that the basic intent of this agreement is to provide a fair days work in return for a fair days pay and to provide conditions of employment suitable to maintain a competent work force. The Public Employer and the Union agree that all provisions of this agreement shall be applied to all employees covered by it and that the Public Employer and the Union affirm their joint opposition to any discriminatory practices in connection with employment, promotion or training, remembering that the public interest requires the full utilization of employee’s skill and ability without regard to race, color, creed, national origin or sex. IV. MANAGEMENT RIGHTS Section 4.1 It is the right of the Public Employer to determine unilaterally the purpose of each of its constituent agencies, set standards of services to be offered to the public, and exercise control, and discretion over its organization and operations. It is also the right of the Public Employer to direct its employees, take employees from duty because of lack of work or for other legitimate reasons, provided however, that the exercise of such rights shall not preclude employees of their representatives from raising grievances, should decisions on the above matter have the practical consequences of violating the terms and conditions of this collective bargaining agreement. 3 V. UNION STEWARDS AND UNION REPRESENTATION Section 5.1 The Public Employer recognizes and shall deal with the appropriate Union Steward and the Union Business Agent, as listed in Section 1.2 of this agreement in those matters relating to grievance and interpretation of the agreement. Section 5.2 The employees covered by this agreement will be represented by a Steward who shall be selected from among the non-supervisory employees of the Road Department of Baker County. Section 5.3 When possible, officers of the Union as designated by Section 1.2 of this agreement or the recognized Steward of the Union, may, with proper authorization, be admitted to the property of the Public Employer. An officer or Steward as designated above shall be able to talk with the employees before or after regular working hours or during lunch hours on Public Employer property in areas so designated by the Public Employer. VI. UNION ACTIVITY Section 6.1 A. The following sections outline the duties and responsibilities of the Steward in performing his function as a recognized union representative. In those cases which cannot be resolved otherwise, the union Steward may be allowed reasonable time off, without loss of pay, to investigate and settle grievances at Step 2 above, if such investigation is required for the prompt and effective settlement of the grievance in question. Productivity loss must be minimized. It is acknowledged that the Steward must advise his supervisor of the requirement and secure permission before conducting such investigation. In the investigation of grievances, the Steward shall not be allowed to unduly hamper the work operations of the Public Employer be conferring with other employees. The Steward shall not conduct any grievance work during the first two hours after lunch period of each shift or on premium time. B. Supervisory permission may be given verbally to the union Steward provided that said verbal authorization ensures adequate controls of the Steward’s time, otherwise written permission shall be required. If it becomes necessary for the Steward to receive written permission, the Road Superintendent will provide a form which will be used for this purpose. Section 6.2 The Union Steward shall be an employee in the Bargaining unit who has satisfactorily completed his probationary period. 4 Section 6.3 Union representatives are subject to all applicable rules of the Public Employer regarding the conduct of public employees. Section 6.4 It is agreed that the Steward has productive work to perform as assigned by the Public Employer. The parties agree that each will cooperate with the other in reducing to a minimum the actual time spent by the Union Steward in presenting and adjusting grievances or disputes, solicitation of any and all kinds by the Union, including the solicitations of grievances, membership and the collection of Union monies shall not be engaged in during working hours on public property. No Union meetings shall be held on County time. Section 6.5 While on an unpaid leave of absence, no employee shall function as Union Steward. Section 6.6 Nothing in this agreement shall be construed to prevent any public employee from presenting, at any time, his own grievance, in person or by legal counsel, to his public employer, and having such grievances without the intervention of the bargaining agent, if the adjustment is not inconsistent with the terms of the collective bargaining agreement when in effect and if the bargaining agent has been given reasonable opportunity to be present at any meeting called for the resolution of such grievance. VII. GRIEVANCE PROCEDURE Section 7.1 Step 1. The grieved employee, accompanied by his respective Steward, shall Present orally his grievance to his immediate supervisor. If an unsatisfactory answer is given to the aggrieved employee after exhausting all means applicable to settle orally at this meeting, the grievance will immediately be reduced to writing and presented to the supervisor. At this time, the supervisor must answer in writing and return the written answer within three (3) working days from the time the written grievance was submitted. Step 2. If the grievance cannot be satisfactorily settled at Step 1, then within five (5) working days the Steward shall present it to the designee of the Board of County Commissioners. The designee shall within ten (10) working days obtain the facts concerning the grievance, conduct a meeting between himself, his representative, if needed, and the aggrieved employee accompanied by the Steward. The aggrieved employee may also have present at this meeting the Representative of the UBC. The designee shall answer in writing to the Local his reply or decision not later than ten (10) working days following the meeting. Step 3. If the decision in Step 2 is not considered to have settled the grievance, it shall be forwarded to Step 3 within five (5) working days to arbitration. 5 At this time, the Employer and the Union shall apply to the Federal Mediation and Conciliation Service requesting a panel of five (5) arbitrators. Upon request of the panel from the Federal Mediation and Conciliation Service, a meeting between the Employer and the Union shall be set within twenty (20) days. At this meeting, the striking of names from the panel of five (5), being accomplished by the use of a coin toss to determine which party is to take the first strike, and then alternately the names will be struck until one name remains. This name will be the chosen arbitrator. The arbitrator so selected shall render his decision in writing within thirty (30) days, which shall be final and binding upon both parties to this agreement. The arbitrator’s decision shall not add to, subtract from, modify or alter the terms of this agreement. The costs of arbitration shall be borne equally by both parties to the arbitration. Section 7.2 RULES FOR GRIEVANCE PROCESSING A. B. C. D. E. F. G. A grievance must be brought forward as soon as it might reasonably have become known to exist. In the event a grievance arises, the employee must submit a grievance to his immediate supervisor within five (5) days after he has had knowledge of the grievance. Time limit at any stage of the grievance procedure may be extended By written mutual agreement of the parties involved at that step. When a written grievance is submitted, the Public Employer’s representative shall acknowledge receipt of it and the date thereof in writing. A grievance not advanced to the higher step within the time limit provided shall be deemed permanently withdrawn and as having been settled on the basis of the decision most recently given. Failure on the part of the Public Employer to answer within the time limit set forth in any step will entitle the employee to proceed to the next step. In computing time limits under this article, Saturdays, Sundays and Holidays shall not be counted. When a grievance is reduced in writing, there shall be set forth on the grievance letter, all of the following: 1. A statement of the grievance and facts upon which it is based. 2. The section or sections of this agreement claimed to have been violated, and 3. The remedy or correction requested. In settlement of any grievance resulting in retroactive adjustment, such adjustment shall be limited to five (5) calendar days prior the date of filling the grievance. 6 VIII. SPECIAL MEETINGS Section 8.1 The Public Employer and the Union agree to meet and confer on matters of interest upon the written request of either party. The written request shall state the nature of the matters to be discussed and the reason(s) for requesting the meeting. Discussions shall be limited to matters set forth in the request or other subjects mutually agreed to but it is understood that these special meetings shall not be used to renegotiate this agreement. Such special meetings shall be held within ten (10) calendar days of the receipt of the written request and at a time and place mutually agreeable to the parties. The Union shall have the right at the special meetings to recommend to the Public Employer corrections to any inequities known to the Union. IX. DISCHARGE AND DISCIPLINE Section 9.1 No employee shall be removed, discharged, reduced in rank, or suspended or otherwise disciplined except for just cause, and in no event until he shall have been furnished with a written statement of the charges and reasons for such actions. Section 9.2 Any official written reprimand shall be furnished to the employee outlining the reason for the reprimand. The employee will be requested to sign this statement. If he refuses to do so, this refusal shall be noted and placed in his personnel file. The employee may have the opportunity to submit a written statement responding to the reprimand. The employee’s responding statement will also be entered in his personnel file. Section 9.3 The County will have sole discretion in the selection of personnel to be hired and may discipline or discharge for just cause. However, the employee, or the Union on behalf of the employee, may initiate a grievance on any matter involving discipline or discharge of an employee, except probationary employees. Grievances involving discipline must be filed within two (2) working days following the date of the action. It if is determined that any discipline or discharge action against any employee was unjust, the employee will in such event be made whole for any loss suffered as a result of such action and be returned to his regular job without loss of seniority or other benefits to which he might otherwise have been entitled. Section 9.4 Before discharging an employee who is found to be unable to satisfactorily perform the duties of his job, or whose conduct is otherwise objectionable, the County agrees to issue said employee a verbal warning and two (2) written warnings, to be administered under the following procedure: A. First, a verbal warning will be given the employee concerned with the Union Shop Steward being present. 7 B. C. D. E. F. If the above action does not correct the infraction, then the County will issue the employee concerned a written warning in the presence of the Union Shop Steward and will explain the reasons for the warning being given and the action that will be taken if the infraction is not corrected subject to the grievance procedure. If neither of the above correct the infraction, the County will issued a second written warning in the presence of the Union Shop Steward and if the infraction is serious enough to warrant, the County may, if it desires, to impose a lay-off for a period not to exceed five (5) days, subject to the grievance procedure. After an employee has returned to work from the above lay-off, he will be afforded a fifteen (15) day trial period in which to demonstrate that a he has corrected the infraction. If the employee does not correct the infraction, he will then be subject to immediate discharge, subject to the grievance procedure. All written warnings shall remain in effect for a period of sixty (60) days. If an employee does not receive any more warning slips, the warning slips he does have will no longer be in effect. No warning notice need be given to an employee before he is discharged if the cause of such discharge is dishonesty, drinking of or under the influence of alcoholic beverages or drugs while on duty, failure to report an accident, assault, sabotage, or refusal to obey would impair his health or result in personal injury to himself or other employees. In any of the above cases, the Union Shop Steward is to be furnished a copy of the termination report stating the reasons for discharge. A Shop Steward shall be present at the time of discharge. However, the employee affected may resort to the grievance procedure. Section 9.5 If an employee feels that any warning is unjust, he may grieve the matter through the grievance procedure and if, after investigation, the warning is determined to be unjust, it shall be voided and removed from the employee’s records. An employee shall have two (2) working days to institute a grievance if he feels a warning is unjust. 8 X. PERSONAL LEAVE Section 10.1 Each employee shall accrue personal leave with pay in accordance with the following schedule on a Bi-weekly basis: YEARS OF SERVICE ACCRUAL RATE Up to 5 years (≤ 60 months) 5 to 10 years (61 months - 120 months) 10 years to 15 years (121 months - 180 months) Over 15 years (≥ 181 months) 20 days/year-6.5hrs/bi-weekly 28 days/year-9.hrs/bi-weekly 30 days.year-9.5 hrs/bi-wkly 34 days/year-10.5hrs/bi-weekly It is understood by the parties in this agreement that those employees with seniority at the time of signing this agreement will retain their present accrual status until such time as their seniority equals that of the above status. Personal leave shall not be granted to new employees until they have completed six (6) months of continuous, uninterrupted service with the County. Section 10.2 All employees of the bargaining unit, when eligible and authorized, may use their personal leave for any reason they deem necessary. All employees of the bargaining unit, when eligible and authorized, may voluntarily donate their personal leave to any county employee, in or out of the bargaining unit, for any reason they deem necessary. Section 10.3 Accrued personal leave may be taken at any time when authorized by the employee’s department head. Requests for personal leave must be submitted in writing at least two (2) weeks in advance for consecutive days of leave amounting to five (5) or greater. Requests for the taking for more than one but less than five consecutive work days must be submitted at least forty-eight (48) hours in advance, except leave taken under emergency conditions. Requests for taking of leave for one (1) work day must be submitted at least twelve (12) hours in advance, except leave taken under emergency conditions. In the event personal leave must be utilized for illness, written requests of documents will be submitted to the department head as soon as is practical. Scheduling of personal leave will be accomplished on a seniority basis within the job classification for requests for five (5) days or more. Section 10.4 Upon written request and with at least two (2) weeks notice when required, and employee taking a least ten (10) days of authorized personal leave may have advanced to him/her on the last regular pay day prior to the beginning of the personal leave, one half (1/2) of his/her Bi-weekly normal net pay. 9 Section 10.5 Personal leave shall accrue to a maximum of ninety (90) days. Any accrual in excess of that amount in any year subsequent to the maximum accrual shall allow the Public Employer to compensate the employee for all days in excess of the maximum on a day for day basis at the employee’s current rate of pay. Payments for excess days shall be made at the expiration of the first pay period occurring in the month of December of each year unless the employee elects to receive days off in lieu of payment for such excess days. Section 10.6 Personal leave can be taken in minimum amounts of two (2) hour increments. Personal leave will be charged against on employee’s regular work day and shall not be charged for absence on prearranged overtime work, unscheduled call-in overtime workdays, or holidays unless the holiday is a work day as a result of the work schedule process. Section 10.7 Should a holiday occur during an employee’s scheduled personal leave period, an additional work day shall be allowed and such work day shall be taken off in accordance with the procedures as set forth for holidays. Section 10.8 At the time of death of a member of the employee’s immediate family (as defined in the personnel manual; spouse, children, parents, grandparents, siblings, parents of spouse, grandchildren, brother-in-law or sister-in-law, or other relatives living in and a part of an employee’s household), an employee may be granted up to three (3) days off duty not chargeable to personal leave. Section 10.9 Each employee must notify their immediate supervisor as early as possible and no later than thirty (30) minutes before starting time the first day the employee is unable to report for work because of illness. The employee will furnish adequate explanation of their illness when notifying the supervisor and the approximate amount of time the employee will be absent. Absences under the personal leave conditions for illness are subject to investigation by the appropriate supervisor. An employee will be counseled whenever a pattern clearly develops where an employee is abusing leave taken as personal leave for illness. (Example: when leave for sickness is combined with regular days off more than three (3) times annually.) The Public Employer has the right to require any employee to undergo a medical or psychological examination by an assigned doctor at any time to ascertain whether or not the employee is physically and mentally capable of performing any and all duties required of the employee’s classification. This examination will be conducted on Public Employer time and at the Public Employer’s expense. On date of examination, employee will not be required to report to their regular duty assignment. Section 10.10 Upon termination, which includes resignation and discharge not for cause, each employee so terminating shall be paid for all accrued personal leave on a day for day basis. 10 Section 10.11 Upon retirement of an employee, said employee’s personal leave account shall be used or paid for on a day for day basis, up to a maximum of one hundred twenty (120) days in each account, in accordance with the following provisions: (1) Such leave may be taken either immediately prior to desired eligible retirement date, which leave may then be used for the fulfillment of time service requirements; or (2)` Such leave may be taken following fulfillment of time service requirements; (3) Employee on such leave may be maintained on the regular payroll, thereby continuing to avail the employee of payroll deductions, pension contributions and insurance deductions; (4) Upon request to be placed on such leave, such request shall be considered irrevocable; (5) While on such leave, an employee shall be eligible for legal holidays, and any general salary increases, but shall not accrue personal leave. Section 10.12 At the time of death of an employee, payment for all accrued personal leave to the maximum of one hundred twenty (120) days shall be paid to the employee’s designated beneficiary and thereafter in accordance with established law on a day for day basis. Section 10.13 Each employee may exercise the option of accruing personal leave to a maximum of one hundred twenty (120) days. XI. HOLIDAY LEAVE Section 11.1 Employees of the Board of County Commissioners shall observe the following days as legal Holidays: January 1 – New Years Day Third Monday in January – Martin Luther King’s Birthday February 22 – Washington’s Birthday Last Monday in May – Memorial Day July 4th – Independence Day First Monday in September – Labor Day November 11 – Veteran’s Day Fourth Thursday in November – Thanksgiving Day Friday after Thanksgiving December 25 – Christmas Day December 26 – Day after Christmas Personal Leave Day (Employee’s Birthday) 11 The holidays listed above shall be observed in all County agencies by the closing of all offices whose function can be discontinued without adversely affecting the office’s service to the public. Section 11.2 Whenever any of the holidays occur on Sunday, the following Monday shall be observed as the official holiday. Whenever any holiday shall occur on Saturday, the preceding Thursday shall be observed as the official holiday. Section 11.3 Whenever an observed holiday shall occur on an employee’s scheduled day off, the Public Employer may elect to schedule the employee to take a day off at another date mutually agreed to or compensate him/her at the straight time rate in order to equalize the observed legal holidays in Section 11.1 Section 11.4 Any employee of the bargaining unit who shall be required to perform work or to render services on one of the holidays listed in Section 11.1 shall be compensated at one and one-half (1 ½) times the employee’s regular straight time hourly rate for any hours worked in addition to his holiday pay. Paid holidays shall count as time worked for the purpose of computing overtime. Section 11.5 Employees on approved leave during which one or more holidays occur shall not have that day or days charged against that approved leave period. Section 11.6 Employees shall forfeit their right to payment for any holiday if the employee has a unexcused absence on the last regular work day preceding such holiday or on the next regular work day following such holiday. XII. HOURS OF WORK AND OVERTIME Section 12.1 The purpose of this section is to define hours of work but nothing in this section shall be construed as a guarantee or limitation of the number of hours to be worked per day, days per week, or for any other period of time, except as may be specifically provided herein. For the purpose of computing the pay of employees, the following standard hours shall govern the work week, the work day and the normal shift hours for those employees not otherwise specified herein. Work Week 168 hours from starting time Work Day 24 hours from starting time 12 Normal Shift Hours 10 hours exclusive of lunch Section 12.1.1 The employee’s standard work week shall consist of four (4) consecutive, ten (10) hour days, Monday thru Thursday, except for departments requiring six (6) or seven (7) day continuous operation. The normal starting time for the work day will be 7:00a.m.; however, in the sole discretion of the Road Superintendent, when lack of daylight or weather conditions presents unsafe conditions, the starting time may be set at no later than 8:00a.m., provided at least 48 hours notice is given. Section 12.2 No employee may authorize overtime for himself but shall be entitled to receive overtime as appropriately authorized by the supervisor. Section 12.3 Employees on jobs which are not operating on a three-shift basis shall be allowed a thirty (30) minute non-paid lunch period scheduled approximately midway between the starting and conclusion of their regular shift. No employee will be required to work a split shift. Section 12.4 All work performed on Sunday will be compensated for at two (2) times the employee’s regular basic straight time hourly rate. It is agreed that two (2) overtime or premium rates will not be paid for the same hours of work. Section 12.5 The County agrees that it will, so far as practicable, make an equal distribution of overtime among employees doling the same or similar types of work. XIII. WAGES Section 13.1 Road Department and Solid Waste employees will receive a 3% pay increase for FY14/15. This is the standard for all county employees under the control of the Board of County Commissioners. Should the Board of County Commissioners decide to make salary adjustments or give bonuses anytime during the subsequent fiscal years, Road Department and Solid Waste employees will be entitled to the same adjustments or bonuses made for other County Employees. Section 13.2 The step/plan which had previously been in effect shall no longer be applicable, however, both parties agree to strive to attain equitable replacement for future use. The following changes will become effective October 1, 2008: 1. The entry level for Utility Worker shall be no less than $8.50 per hour. 2. The Truck Driver classification shall be upgraded to Pay Grade 6. 13 Section 13.3 Any employee assigned by the Road Superintendent to perform the duties of a classification higher than his permanent classification shall be paid at the minimum of the higher wage classification which exceed his present rate of pay for only those hours worked performing duties in the higher classification, provided that the assignment is not for the purpose of on-the-job training as defined in Section 15.4. An employee temporarily transferred to a position in the same wage classification or a position in a lower wage range, shall be paid at the same level in the wage range as he previously received. It is understood that a temporary transfer shall not exceed six (6) months. It is further understood that when a temporary assignment is completed and the employee is returned to his former position, such employee shall receive the rate of pay applicable to that position. XIV. INJURY-IN-LINE-OF DUTY Section 14.1. Employees covered by this agreement shall be entitled to injury-in-line-of duty leave at their regular pay (reduced by the amount of workmen’s compensation received in the form of disability because of a personal injury) when absent from duties because of a personal injury received in the discharge of duty and while under the care of his doctor. The following requirements shall be observed: Duration of Leave and Compensation. Leave of any such employee shall be authorized for a total of not to exceed twenty (20) work days during any fiscal year for such injury provided. However, the appointing authority in its sole discretion, may grant, under such circumstances as would warrant, additional injury-in-line-of duty sick leave for such term and under conditions as the appointing authority in its sole discretion shall deem proper. Claims. Any such employee who has any claim for compensation under this Section shall file a claim in the manner prescribed in Chapter 440, Florida Statutes, by the end of each month during which such absence has occurred. The appointing authority may approve such claims when it is entitled to payment in accordance with the provisions of this section. XV. EMPLOYEE BENEFITS Section 15.1 In the event of an employee’s death, payment shall be made for any and all accrued overtime, vacation leave, and other terminal leave benefits to which such employee would have been entitled to received, under the applicable provisions of law, and only in the following sequence: To the wife or husband. 14 To any child or children over the age of eighteen (18). To the designated guardian if the child or children are under the age of eighteen (18). To father or mother. Thereafter, to the designated administrator of the deceased employee’s estate. Section 15.2 Where an employee is required to use his personal automobile in the performance of his duties, he will be reimbursed for operating expenses at the rate per mile traveled as prescribed by Chapter 112, Florida Statutes, exclusive of mileage traveled to and from his work location. When an employee must travel from his home to his work location and such location distance is greater than that traveled from his home to the county yard, then the difference in mileage shall be paid at the above rate. Section 15.3 During a general election, an employee whose hours of work do not allow sufficient time for voting shall be allowed necessary time off with pay for this purpose. Where the polls are open two (2) hours before and two (2) hours after the regular scheduled work period, it shall be considered sufficient time for voting. Section 15.4 The Road Superintendent shall develop an On-The-Job Training schedule. When, in his sole discretion, manpower permits the training of employees in a lower classification to perform the duties of a higher classification, such training shall be accomplished by the scheduling of employees to perform the duties of the higher classification. Employee’s participation in the training program shall be voluntary and conducted during official working hours. Credits will be earned and awarded for each four hours of training completed. Only permanent, full-time employees shall be eligible. The compensation of a trainee shall not be increased until in the sole opinion of the Road Superintendent the employee has become qualified to assume the duties and responsibilities of the higher classification in full, however in no case shall this exceed 160 hours (40 credits). Every effort will be made by the employer to promote from within the organization. Section 15.5 Should an employee who has successfully completed the On-The-Job Training program be awarded a permanent position in that higher classification shall be reduced by the amount if hours credited in said program. Section 15.6 Any employee required to work on an open machine during inclement weather shall be provided with approved rain gear. Section 15.7 The Public Employer shall pay the entire cost of appropriate uniforms for the employees. It is understood that it will be mandatory that all employees of the Baker County Road and Solid Waste Departments wear appropriate uniforms. 15 XVI. SENIORITY (Bargaining Unit Wide) Section 16.1 Seniority, for the purpose of this Agreement, shall mean the length of an employee’s last continuous service with the County and shall be on a bargaining unit wide basis. Section 16.2 Promotions will be made on a bargaining unit seniority basis. The following procedure will be followed in making promotions and filling vacancies: (1) When a vacancy occurs on a shift job, the remaining employees in the job classification may exercise their seniority for shift preference prior to filling the vacancy by seniority. (2) The remaining vacancy and single shift vacancies shall be posted along with the necessary qualifications for five (5) working days and shall be filled by the senior employee signing the posting. If no one signs the posting during the five (5) working day period, the County will fill the opening from available employees or new hires. Vacancies shall be posted on the day following the date opening occurs with the exception of temporary vacancies and common labor jobs which need not be posted. No employee will be awarded more than three (3) successful bids in a year. Temporary vacancies for more than five (5) days will be filled by the senior employee in accordance with Section 16.2 of this Article. (3) All promotions will be considered temporary for a period of thirty (30)) days. At any time during the thirty (30) calendar day period, the employee may return to his former position if he so desires or may be returned by management if, in the opinion of management, he does not have the ability to perform the work on a normal basis. In either case, the employee will retain his seniority. If at the end of thirty (30) calendar day period the employee is still on the job, the promotion will be considered permanent. Section 16.3 In case of lay-offs or reduction in force, employees with the least seniority shall be laid off first. Section 16.4 No employee whose name has been placed on the seniority list will be laid off for lack of work until all probationary employees have been laid off. Section 16.5 Recall from lay-off shall be made in the reverse order of lay-offs. The County will notify an employee laid off of any vacancy available to fill. Notice will be made to the laid-off employee by registered or certified letter (return receipt requested), sent to his last known 16 address. The notified employee will be given five (5) working days after receipt of such to notify his foreman or the personnel office that he desires to return to work unless the time is extended. The failure of such an employee to comply with the above conditions shall be considered a voluntary termination of employment. Section 16.6 Upon execution of this Agreement, the County will compile and post on the bulletin board a seniority list of the employees, based on their length of continuous service and will furnish a copy to the Union President. This list shall remain posted for a period of thirty (30) days, during which time any employee may protest the accuracy of his seniority date, employing the grievance procedure after filing the protest in writing. Otherwise, the seniority list as posted shall be binding on all parties. The list will be revised every six (6) months, with a copy to the Union President. Section 16.7 Seniority shall not prevail with respect to transfer of a temporary nature, it being understood and agreed that employees on temporary transfer shall retain the right to bid on permanent vacancies in higher-paying job classifications that are posted while they are on temporary transfer. Section 16.8 An employee who suffers an injury or illness shall lose no seniority while disabled providing he presents upon his return a doctor’s certification stating cause and date of commencement of disability and date of termination of treatment. Should the employee retain any physical impairment or disability after termination of the doctor’s treatment, the County relying on the advice of the attending doctor will be guided as to whether the employee’s disability is such that he is disqualified for further employment on his former job. In such event, the employee may exercise his seniority on any job he can perform satisfactorily if, in the judgment of the attending doctor, such employment would not aggravate his retained physical impairment or disability. Section 16.9 Seniority is lost under the following circumstances: (1) Quit, discharge or termination. (2) If a lay-off extends more than twelve (12) months. (3) If lay-off employees fail to report for work within time provided in Section 16.5 of the Article, when recalled. (4) He is absent three (3) consecutive work days without notification and authorization. (5) Fails to report to work on his first scheduled work day after vacation without proper notification and authorization. Section 16.10 Employees promoted to jobs outside of the bargaining unit shall retain the seniority they have acquired at the time they are moved out of the bargaining unit for purposes of 17 returning into the bargaining unit. However, such employees will not accumulate any seniority during the time they are employed outside of the bargaining unit. XVII. SAFETY AND HEALTH Section 17.1 The employer agrees that it will conform to and comply with laws as to safety, health, sanitation and working conditions properly required by Federal, State and Local law. The employer and the Union will cooperate in the continuing objective of eliminating safety and health hazards due to unsafe working conditions and inadequate restroom facilities where they are shown to exit. Section 17.2 Protective devices, wearing apparel, and other equipment necessary to protect employees from injury shall be provided by the employer in accordance with established safety practices. Such practices may be improved from time to time by the employer and the Union my submit safety recommendations from time to time. Such protective devices, apparel and equipment, when provided must be use and the Union agrees that willful neglect and failure by an employee to obey safety regulations and to use safety devices shall be just cause for disciplinary action. Section 17.3 An advisory Safety and Health Committee composed of one representative from the Union and one Public Employer representative is hereby established. The Public Employer representative shall serve as Chairperson. This committee will: (1) Conduct safety surveys. (2) Make recommendations for improving safety programs. (3) Perform duties as determined by the Committee Chairperson. (4) Meet at least quarterly or at the pleasure of the Committee Chairperson. XVIII. BULLETIN BOARDS Section 18.1 The Union shall be provided partial use of a suitable bulletin board at the Baker County Road Department Headquarters Building. Section 18.2 The Union agrees that it shall use space on bulletin boards provided for in Section 18.1 above, only for the following purposes: (1) Notices of Union Meetings. (2) Union Elections. (3) Reports of Union Committees. (4) Rulings and Policies of the Union. 18 (5) Recreational and Social Affairs of the Union. Section 18.3 Copies of all material, notices or announcements posted shall be submitted to the Employer. Section 18.4 No material, notices or announcements shall be posted by the Union which contain anything political or controversial or anything adversely reflecting upon the County of Baker or its employees. Any proven violation of this Section by the Union shall entitle the Public Employer to cancel immediately the provisions of the Section and to remove that bulletin board or the partial use thereof. XIX. COURT TIME Section 19.1 An employee who is summoned to jury duty or subpoenaed or summoned to appear in court as a witness, will be granted leave with pay during such absence. To be eligible to receive such pay, the employee must deposit with the Finance Director any payment received while acting as a juror or witness. The County does not reimburse the employee for meals, lodging and travel expenses the employee incurred while serving as a witness or juror. The employee summoned as a juror shall notify his supervisor immediately by memorandum (in duplicate) attaching a copy of his summons. An employee who reports for jury duty and is dismissed, shall report to work for the remainder of the working day. If an employee is released from jury duty prior to four (4) hours from his normal starting time for that work day, he shall be required to report to his work site within one hour after his release. An employee subpoenaed in the line of duty to represent a County department as a witness or defendant is not considered to be on administrative leave. Rather, his/her appearance in such case is considered part of the employee's job assignment. The employee will be paid per diem and travel expenses incurred. To be eligible to receive such pay, the employee must deposit any fees received from the court to the Finance Director. Administrative leave with pay will not be granted for court attendance when an employee is engaged in personal litigation. However, an employee may be granted annual leave in such cases after obtaining the prior approval of his/her department head. 19 XX. MILITARY LEAVE Section 20.1 Any permanent employee who enters into active service in the Armed Forces of the United States, as defined below, will be given a leave of absence for such period. Upon the termination of such service, the employee shall be offered re-employment in his previous position or a position of like status and pay, unless the circumstances have changed as to make it impracticable to do so, in which event he will be offered such employment as may be available, provided he possesses the necessary qualifications and experience, at the current rate of pay for such work, provided he meets the following requirements: (1) Has not been dishonorably discharged. (2) Is physically able to do the work, and (3) Reports for work within one Hundred (100) days of the date of such discharge, or one hundred (100) days after hospitalization continuing after discharge for not more than one year. No permanent employee entitled to a military leave who secures such leave under proper conditions shall lose his rank, grade, rating or seniority held by such employee at the time the employee is granted the leave as herein provided. Upon reinstatement said employee shall be given full credit for said period of military service to the same extent as if said employee had continuously served as a County employee during said period of military service. (Chapter 21315, Laws of Florida, Acts of 1941). As used in this Section “Active service in the Armed Forces of the United States” is defined as and limited to: Volunteering or being called into the service as a member of the Army, Air Force, Navy, Marine Corps or Coast Guard. The above shall be in accordance with the applicable Federal and State statutes and any amendments made thereto pertaining to the reemployment rights of returning servicemen. Section 20.2 Employees who are members of the National Guard, or organized military reserves of the United States, and who are ordered to attend annual training periods shall be allowed not more that seventeen (17) calendar days with pay to attend such training periods. Such training leave shall not be deducted from annual vacation leave or in any other way result in loss of privileges or compensation to said employee. Employees requesting this annual military training leave are responsible to notify their supervisors as soon as possible on the dates for such training periods and to provide an official set of orders. Section 20.3 Employees who are members of the reserve components mentioned above and who are required to attend regularly scheduled training assemblies throughout the year, may upon due notice and request, apply for vacation leave time to attend these military training assemblies when they are scheduled to be on duty, provided it will not seriously interfere with the operation of the system// Employees who request time off for this purpose are responsible to advise their supervisors at the time earliest possible time of the dates when they are scheduled for these training assemblies which conflict with their normal work schedule. 20 XXI. INSURANCE Section 21.1 The Public Employer will pay the cost for insurance coverage on behalf of all bargaining unit employees at the same rate and coverage levels as is provided to other County employees, and that one (1) Union member will be allowed involvement in negotiations and bids for this coverage. XXII. CLASSIFICATION AND WAGE RATES Section 22.1 A copy of the County’s basic hourly rate schedule for each classification for the period, October 1, 2014, through September 30, 2015, is attached as Appendix “A”. The basic hourly rate is the entry level for each classification. It if is determined by the Board that a new employee has exceptional qualifications for the position, the starting salary may be higher than the basic rate. If an employee receives a promotion to a position in a higher pay grade, he shall receive the basic rate for that pay grade or a rate which will provide a ten percent (10%) increase. Section 22.2 If the lawful minimum wage is increased and made effective during the term of this Agreement to a rate greater than the minimum rate in the wage rate schedule of this Labor Agreement, the rates of pay of all the classifications will be increased to maintain the established differential between the classifications. Section 22.3 The following classification is intended to cover employees who due to their position must work with Correctional Inmates: (1) Wage rate will be that of a Leaderman. (2) Employer agrees not to hold employee responsible for any adverse actions of inmates normally considered to be illegal or immoral. (3) Employer agrees that this classification be offered by bid. (4) Employee accepting bid shall perform all other leaderman functions as required by employer when not working correctional inmates. Section 22.4 The Public Employer will reimburse employees the difference in cost for their commercial drivers license (CDL) versus a Class E drivers license. For Example: Cost of CDL: $75 Cost of Class E: $48 Employee Reimbursement: $27 21 XXIII. FUNERAL LEAVE Section 23.1 All active employees who have completed their probationary period and who lose actual work time form a scheduled shift because of a death in their immediate family shall be granted a funeral leave of three (3) days, which shall include the day before the funeral, the day of the funeral and the day after the funeral. Section 23.2 Said employees shall receive funeral pay for time lost from work due to a funeral leave. Pay for hours not worked under this Article shall be for ten (10) hours employee’s straight time hourly rate for the classification in which the employee last worked. Section 23.3 Members of an employee’s immediate family are defined as his/her spouse, sons, daughters, mother, father, grandparents, siblings, parents of spouse, grandchildren, brother- or sister-in-law, or other relatives living in and a part of an employee’s household (as defined in the personnel manual). XXIV. LEAVES OF ABSENCE Section 24.1 A leave of absence may be granted without pay for personal reasons for a period not to exceed thirty (30) days, upon application of the employee to, and approval by, the County Commissioners, with privilege of renewal. Section 24.2 Leave of absence, not to exceed two (2) weeks without pay will be granted to Union Officials or Delegates to attend to Union Business or attend Conventions, when request for such leaves are made by the Union. Section 24.3 Seniority shall continue to accrue to employees on leaves of absence due to sickness or injury for a period not to exceed one (1) year, subject to renewal. Seniority shall also accrue to employees granted leaves of absence under the provisions of Section 24.2. Section 24.4 All applications for leaves of absence will be in writing. Section 24.5 Female and male employees will be granted maternity leave of absence in accordance with applicable State and Federal Laws. 22 XXV. SEVERABILITY Section 25.1 If any provision of this Agreement shall be found to be invalid by any courts having jurisdiction in respect thereof, such findings shall not affect the remainder of the Agreement, and all other term and provisions shall continue in full force and effect. Upon any such judicial determination, the Employer and Union will promptly negotiate and endeavor to reach an agreement upon a substitute for the provision or provisions found to be invalid. XXVI. SAVINGS CLAUSE Section 26.1 The Public Employer retains all rights, powers, functions and authority it had prior to the signing of this contract except as such rights are specifically relinquished or abridged in this contract. Section 26.2 All matters pertaining to terms of employment and working conditions guaranteed by law to employees within the bargaining unit shall apply to the extent that they are not in conflict with the provisions of this Agreement. XXVII. ENTIRE AGREEMENT Section 27.1 The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collecting bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Public Employer and the Union for the duration of this Agreement, as provided in Chapter 447, Florida Statutes, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter now specifically referred to, or covered in this Agreement even though such subjects or matters may not have been within the knowledge or contemplation or either or both of the parties at the time they negotiated or signed this Agreement. This Article shall not be construed to in any way restrict the parties from commencing negotiations under the applicable law on any succeeding Agreement to take effect upon termination of this Agreement. 23 Section 27.2 The Agreement shall be effective October 1, 2014 and shall remain in force to and including September 30, 2017 with the exception that Section XIII (Wages) shall be subject to negotiations on an annual basis. Each party may also negotiate one additional section annually. Section 27.3 In the event that either party desires to terminate or change this Agreement, written notice must be given to the other party within at least ninety (90) days prior to the effective date of termination or change. IN WITNESS WHEREOF, we the Negotiating Team for the Parties hereto set our hands this 18th day of November, 2014. FOR THE UNION FOR THE COUNTY _________________________________ Mark Norman, Local 2502 _____________________________ CJ Thompson, County Manager _________________________________ Jamie Raulerson, Local 2502 _________________________________ Jason H Weitzel Carpenters Industrial Council 24 APPENDIX A FY2012/2013 BASE PAY GRADE PAY GRADE CLASSIFICATION 100 - 4 200 UTILITY WORKER SECRETARY/DISPATCHER $8.50 300 - 6 400 500 MECHANIC I EQUIPMENT OPERATOR I TRUCK DRIVER $9.25 600 - 8 FIELD SERVICE/TIRE TECHNICIAN EQUIPMENT OPERATOR II MECHANIC II $10.00 700 - 10 LEADERMAN MECHANIC III $11.00 RESOLUTION 2014‐20 BAKER COUNTY BOARD OF COUNTY COMMISSIONERS BUDGET AMENDMENTS FOR FISCAL YEAR ENDING 2013‐2014 General Revenue Fund Revenue 001‐331205 001‐334205 001‐389920 001‐389920 Expenses 19‐54600 35‐59111 35‐59185 35‐59185 35‐59103 EMPA Base Grant EMPG Base Grant Cash Forward/Elections Reserve Cash Forward $ 22,842.00 $ 39,831.00 $ 34,482.00 $ 476,348.00 $ 573,503.00 Sup. Of Elections/Equip Repairs & Maint. Trans Out/Title III/Set Up New Fund $ 34,482.00 $ 324,223.00 $ 71,125.00 $ 62,673.00 $ 81,000.00 $ 573,503.00 Trans Out/Boating Improvmnt/Set Up New Fund Trans Out To Emergency Management Trans Out To Fine & Forfeiture Original Budget Amended Budget Road & Bridge Fund Revenue 103‐334510 103‐389920 Expenses 55‐55227 $12,432,666.00 $13,006,169.00 FEMA Reimbursement/State Cash Forward $ 62,574.00 $ 45,429.00 $ 108,003.00 FEMA Repairs/Tropical Storm Debby $ 108,003.00 Original Budget Amended Budget Fine & Forfeiture Fund Revenue 104‐334246 104‐334241 104‐381000 104‐389920 Expenses 23‐56431 23‐59122 71‐58111 BPV Grant JAG Grant Interfund Transfer Cash Forward $ 1,077.00 $ 45,783.00 $ 81,000.00 $ 201,731.00 $ 329,591.00 BPV Grant Expenses JAG Grant Expenses Corrections $ 1,077.00 $ 45,783.00 $ 282,731.00 $ 329,591.00 Original Budget Amended Budget EMS Grant Fund Revenue 108‐334210 Expenses 271‐56430 Original Budget $2,575,207.00 $2,683,210.00 $ 7,799,584.00 $ 8,129,175.00 EMS Grant $ 3,004.00 Grant Expenses $ 3,004.00 $ ‐ Amended Budget Road Paving Fund Revenue 600‐3344955 600‐389920 Expenses 75‐54629 75‐54628 $ 3,004.00 SCRAP/CR‐124 Cash Forward/SCRAP CR‐228 $ 390,447.00 $ 15,982.00 $ 406,429.00 SCRAP/CR‐124 SCRAP/CR‐228 $ 390,447.00 $ 15,982.00 $ 406,429.00 Original Budget Amended Budget $ ‐ $ 406,429.00 Approved this 18th day of November, 2014. Attest: __________________________________ Jimmy Anderson, Chairman ______________________________________ Stacie D. Harvey, Clerk to the Board ORDINANCE 2014AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BAKER COUNTY, FLORIDA, DECLARING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS AND PROCESSING OF APPLICATIONS FOR EXCAVATION MINING PERMITS; PROVIDING FOR PURPOSE AND LEGISLATIVE FINDINGS; DECLARING A MORATORIUM; PROVIDING FOR EXEMPTIONS; PROVIDING DIRECTIONS TO STAFF; PROVIDING A REPEALING CLAUSE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EXPIRATION AND AN EFFECTIVE DATE. WHEREAS, pursuant to Article VIII, Section 1(f), of the Florida Constitution and Chapter 125, Florida Statutes, the Board of County Commissioners of Baker County is authorized and required to protect the health, safety and welfare of the public; and WHEREAS, Section 163.3202, Florida Statutes, the Board of County Commissioners of Baker County has enacted Land Development Regulations, consistent with the adopted Comprehensive Plan; and WHEREAS, Article III, Section 3.05.33b of the Land Development Regulations defines excavation as the digging, stripping, or removal by any process of natural materials or deposits from their natural state and location, said materials and deposits to include oil, gas, rock, stone, minerals, shell, sand, marl, peat and soil, but not including sod; and WHEREAS, the Board of County Commissioners of Baker County, Florida wishes to revise, amend and adopt update the Land Development Regulations related to excavation mining to more effectively protect the health, safety and welfare of the community; and WHEREAS, the Board of County Commissioners of Baker County wishes to maintain the status quo with respect to excavation mining activity during the revision process through a moratorium; and Page 1 WHEREAS, pursuant to Section 337.0261, Florida Statutes, the Board of County Commissioners of Baker County has considered any information provided by the Florida Department of Transportation regarding the effect of this ordinance on the availability, transportation and potential extraction of construction aggregate materials on the local area, region and state; and WHEREAS, the Board of County Commissioners of Baker County, Florida considered this ordinance at a duly advertised public hearing held on _____________, _____ , 2014, after 6:00 P.M.; and WHEREAS, the Board of County Commissioners of Baker County, Florida finds that the adoption of this ordinance is in the best interest of Baker County, Florida and its citizens. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Baker County, Florida as follows: Section 1. Purpose and Legislative Findings. The Board of County Commissioners of Baker County, Florida, finds and declares: a. The above recitals are hereby adopted as true and correct. b. There exists a need to impose a temporary moratorium set forth as follows to protect the health, safety and welfare of the citizens of Baker County, during the time period when Baker County is considering amendments to the Land Development Regulations. c. The Board of County Commissioners of Baker County, Florida anticipates that persons, businesses or organizations may seek to obtain an excavation mining permit contrary to the plans of the forthcoming amendments to Baker County’s Land Development Regulations. Page 2 Section 2. Moratorium Declared. As to any property located within the county limits of Baker County, Florida, there is hereby declared a moratorium upon the approval of applications for and the issuance of permits related to excavation mining for a period of twelve (12) months, or sooner upon repeal of this ordinance. Section 3. Exemptions. The moratorium declared in Section 2 above shall not apply to the following: a. Annual renewals of operating permits for existing approved mines as of the effective date of this ordinance. b. Staff level administrative approvals for minor changes to existing, operating mines, including, but not limited to on-site moves. The above exemptions shall not include expansion of existing mines to allow excavation mining. Section 4. Direction to Staff. A. Following the first approval of this ordinance by the Board of County Commissioners of Baker County, Florida, staff is directed to transmit a copy of this ordinance to the State of Florida, Department of Transportation for their comments and suggestions. B. Upon receipt of the response and comments from and by the Florida Department of Transportation, staff is further directed to provide careful analysis and response to the comments and suggestions made by the Florida Department of Transportation and to place this matter before the Board of County Commissioners of Baker County, Florida for final approval. Section 5. Repealing Clause. This ordinance shall stand repealed after twelve (12) months of the date passed by the Board of County Commissioners, unless repealed sooner by the Board of County Commissioners, provided that nothing herein shall prevent the re-adoption or ratification of this ordinance in the same or similar form. Page 3 Section 6. Conflict. During the effective period of this ordinance, all other ordinances of Baker County which are in conflict with this ordinance are declared suspended to the extent of such conflict and the provisions of this ordinance shall govern. Section 7. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 8. Effective Date. This ordinance shall become effective after adoption by the Board of County Commissioners of Baker County, Florida and filing with the Secretary of State. PASSED AND TRANSMITTED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION on first reading, with a quorum present and voting, by the Board of County Commission of Baker County, Florida, in regular session, this _____ day of __________, 2014. PASSED AND ADOPTED on second reading this ____ day of ______________, 2014. BOARD OF COUNTY COMMISSIONERS BAKER COUNTY, FLORIDA _____________________________ Oliver J. Anderson Chairman ATTEST: ______________________________ Al Fraser Clerk to the Board ACKNOWLEDGMENT by the Florida Department of State, this _____ day of __________ , 2014. Page 4 MEMORANDUM DATE: November 5, 2014 TO: Baker County Board of County Commissioners FROM: Ed Preston, Planning and Zoning Director RE: Approval of Special Exception for Sale of Alcohol DESCRIPTION This property is on the north side of US 90 about 3 ½ miles west of Glen St. Mary just east of Cowpen Road. Subject Property BACKGROUND Applicant requests approval of a special exception for the retail sale of all alcoholic beverages, including liquor, beer and wine for consumption either on premises or off premises by the Board of County Commissioners. The 1.58 acre parcel is zoned Commercial General which allows retail sale of alcohol with a special exception. Zoning Future Land Use Context Analysis and 200’ Setback Requirement Findings The Baker County Land Development Regulation that addresses this request is: Sec. 3.04.20 .03 Setback Standards H. Alcoholic Beverages An establishment or facility which is to be licensed for the retail sale of all alcoholic beverages, including liquor, beer and wine for consumption either on premises or off premises or both shall be permitted if the Board of County Commissioners, after a public hearing pursuant to Article X, determines that the location and development plans comply with the applicable standards in this code and other County laws. There is no church, public playground or public school within 200 feet of the existing store. The Baker County Board of Commissioners will consider the request for approval at a public hearing scheduled for Tuesday, November 18, 2014 at 6:00 p.m We have received no comments from the public. RECOMMENDATION Planning staff finds that this request for a special exception is consistent with the Comprehensive Plan and recommends approval by the BCC. MEMORANDUM DATE: November 5, 2014 TO: Baker County Board of County Commissioners FROM: Ed Preston, Planning and Zoning Director RE: Beacon Tower Davis and Davis Communication Tower Special Use DESCRIPTION This new proposed communication tower site is located about 250’ southwest of Claude Harvey Road about midway north and south along the eastern boundary of Tax Parcel Number 27-2S21-0000-0000-0010 about 2 miles northwest of Glen St. Mary. General Location BACKGROUND The applicant is requesting a special use for a new 250’ tall communication tower on a 100 foot by 100 foot portion of a 185 vacant parcel... STANDARD OF REVIEW • • • • Zoning decisions are generally quasi-judicial. Standard of Review: “Competent Substantial Evidence.” Findings of Fact—Yes Ex Parte Communications—NO 2008 Aerial with 400’ radius Zoning Future Land Use 100 Year Flood Plain Setback Analysis Context Findings The part of the Land Development Regulations relating to this application include: PART 3.06.00 WIRELESS TELECOMMUNICATION FACILITIES Sec. 3.06.01 General The provisions of this section are intended to promote the health, safety and general welfare of the citizens by regulating the siting of communications towers and to establish the necessary legal framework to encourage the use of towers which are compatible with their surroundings. Sec. 3.06.02 Purpose The Board of County Commissioners finds that the promulgation of this ordinance is warranted and necessary to accomplish the following purposes: A. To direct the location of communication towers within Baker County; B. To protect residential areas and land uses from the potential adverse impacts of communication towers; C. To minimize adverse visual and aesthetic impacts of communication towers through careful design, siting, landscape screening, and innovative aesthetic mitigation; D. To accommodate the growing demand for communication towers; E. To promote and encourage shared use and co-location of existing and new communication towers as the preferred option rather than construction of additional single-use towers; F. To consider the public health and safety of communication towers; G. To avoid or minimize potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. And Sec. 3.06.04 A. Special Use Permit Required All wireless telecommunication facilities shall constitute a special use as permitted herein. Such facilities may be permitted in any district under the criteria set forth hereafter and upon the approval of the Board of County Commissioners. This provision shall supersede the existing land development regulations which limit special use permits to certain zoning districts. B. No development permit, including building permit, shall be issued until after a public hearing is held on the application and the special use permit is approved by the Board of County Commissioners authorizing the construction of the proposed tower or other telecommunication facility. And Sec. 3.06.06 Location on Lot A communication tower may be located on a lot utilized for other principal uses and on a parcel smaller than the minimum lot size required in the zoning district. This parcel shall be considered as the tower site. The tower site, but not the entire lot, shall be subject to all of the requirements of this Section, except as specifically provided herein. Sec. 3.06.07 A. Minimum Distance of Towers from Residential Zones Regardless of the zoning district in which the communication tower is located. The minimum distance of the tower shall be not less than 200 feet from the nearest residential lot line of any residential districts or from any parcel containing a residence in an agricultural district except that in the agricultural districts the communication tower may be closer to a parcel boundary provided it remains a minimum of 400 feet from any residence existing at the time of approval. B. Minimum distances shall be measured from the center of the base of the communication tower to the lot line of the applicable residential zoning district or parcel, as the case may be. C. Notwithstanding anything to the contrary in this ordinance, no communication tower other than a monopole (freestanding) tower or alternative tower structure shall be located in any residential zoning district. Sec. 3.06.08 Maximum Height The minimum height of communication towers shall be: A. In all residential districts: If constructed for a single user, up to ninety (90) feet in height, and, If constructed for two or more users, up to one hundred fifty (150) feet in height. B. In all other zoning districts: If constructed for a single user, up to one hundred fifty (150) feet in height; If constructed for two users, up to two hundred fifty (250) feet in height; If constructed for three or more users, up to three hundred thirty (330) feet in height. C. A communication tower shall be considered to be constructed for more than one user if: It is constructed so as to provide sufficient excess capacity over the initial single user loading for one or more additional comparable users; and The applicant consents in writing with Baker County to permit one or more additional comparable communication providers to use the proposed tower D. where feasible and subject to reasonable terms. Measurement of communication tower height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the tower site. E. Application may be made to exceed the height limitation. The zoning agency shall determine if the goal and objective of promoting co-location will be served by granting a variance to exceed the maximum height and may approve such application if consistent with the goals and objectives of this section and if necessary to comply with The Telecommunications Act of 1996. Sec. 3.06.09 Minimum Yard Requirements. There are no minimum yard requirements for communication towers. Sec. 3.06.10 Illumination Communication towers shall not be artificially lighted except as may be required by Federal Aviation Administration. If lighting is required, the applicant must present Baker County with available lighting alternatives and obtain approval of the Baker County Commission so that the county is assured that the design utilized will cause the least possible disturbance to the surroundings. Sec. 3.06.11 Finished Color Communication towers not requiring FAA painting/marking shall have either a galvanized finish or painted a dull blue or gray finish. Sec. 3.06.12 Structural Design Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties. Communication towers shall be constructed to EIA/TIA 222-F Standards or the most current equivalent standards, as published by the Electronic Industries Association, which may be amended from time to time, and all applicable county building codes. All plans for the construction of towers shall be sealed by a Florida registered professional engineer. Further, any improvements and/or additions (i.e., antenna, satellite dishes, etc.) to existing communication towers shall require submission of site plans sealed and verified by a professional engineer which demonstrates compliance with EIA/TIA 222-F Standards or most current equivalent standards in effect at the time of said improvement or addition. Said plans shall be submitted to, reviewed and approved by the building department at the time building permits are requested. A fall zone shall be provided to the extent that is required by EIA/TIA 222-F Standards or the most current equivalent standards. Sec. 3.06.13 Fencing A six foot finished masonry wall or fence, other than chain link, with not less than 85% opacity shall be required as a minimum around all communication towers located in a residential or commercial zoning district. In all other zoning districts, the fence may be any type of security fence provided that is at least six feet in height. Access to all towers shall be through a locked gate. Sec. 3.06.14 No Advertising Neither the communication tower nor the tower site shall be used for advertising purposes and shall not contain any signs for the purpose of advertising. Sec. 3.06.15 Landscaping The visual impacts of residentially or commercially located communication towers shall be mitigated through landscaping or the screening materials at the base of the tower and ancillary structures. A. The following landscaping and buffering of communication towers shall be required around the perimeter of the tower and accessory structures: A row of shade trees a minimum of ten (10) feet tall and a maximum of twenty (20) feet apart shall be planted around the perimeter of the fence; A continuous hedge at least thirty-six (36) inches high at the time of planting, capable of growing to at least forty-eight (48) inches in height within 18 months, shall be planted in front of the tree line referenced above; All required landscaping shall be of the evergreen variety; All required landscaping shall be native drought tolerant species and/or irrigated and properly maintained to ensure good health and vitality. B. Required landscaping shall be installed outside the fence or wall. C. Existing vegetation shall be preserved to the maximum extent practicable and may be credited as appropriate toward landscaping requirements. D. These standards may be waived by the Planning Director for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view. The proposed tower is to be constructed to 250 feet in height. The zoning on this property is AG 10 and the proposed tower is 490 feet from the nearest residential lot line. This special exception will be heard by ther Board of County Commission on November 18, 2014. This application appears to meet all the requirements for approval. RECOMMENDATION The Baker County Planning and Zoning Department finds this proposed special use is consistent with the land development regulations and comprehensive plan and recommends that the Board of County Commissioners approve this request.
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