Nassau County Board of County Commissioners Regular Session, April 14, 2014, 6:00 p.m.

Nassau County Board of County Commissioners
Regular Session, April 14, 2014, 6:00 p.m.
Commission Chambers, 96135 Nassau Place, Yulee, Florida

Call to Order, Invocation and Pledge of Allegiance to the American Flag

Commissioners:
Present: Chairman Barry V. Holloway, Commissioners Daniel B. Leeper, Pat Edwards, and Walter J. Boatright.

Absent: Commissioner Steve W. Kelley.

Other Officials Present: John A. Crawford, Ex-Officio Clerk; David A. Hallman, County Attorney; and Ted Selby, County Manager.

Staff Present: Shanea Jones, Office of Management and Budget Director; Scott Herring, Public Works Director; Peter King, Growth Management Director; and representing the Clerk’s office Brenda Linville and Connie Arthur, Deputy Clerks.

Official Agenda Summary:

RS140414 – 6:04:55 Chairman Holloway clarified that Tab B regarding continued discussion of the Mobility Plan and Mobility Fee Ordinance will not be discussed or voted on tonight. The Board will discuss how to proceed with the public hearing process. Mr. Hallman explained the legal aspects of any testimony that might be given tonight.

Audience Input:
RS140414 – 6:08:38 The following individuals came forward to speak against the Mobility Plan and Mobility Fee Ordinance as it relates to church exemption: Jack Lewis; Sandy Geiger; Sherri Sorber; Vickie Dube; Laverne Wright; Sue Bowen; Lisa Demick; Reverend Doug Sides; Reverend David Drake; Mark Barns; Fred Atwill, Jr.; Sandra VanGundy; Marvin Lee; Pastor Jeff Whitaker; and William Shilling, Jr. Dan McCranie came forward to request that the Board consider an exemption for developers who have existing Development Agreements with the County and have already paid their fair share, to avoid being impacted twice.

RS140414 – 6:20:11 Bill Moore, representing the Amelia Island/Fernandina Beach/Yulee Chambers of Commerce, came forward to distribute and review a letter from the Chamber regarding “food trucks” in Nassau County.

RS140414 – 6:47:08 The Board recessed and reconvened at 6:56 p.m. to continue audience input.

RS140414 – 6:58:21 Terry VanFossen came forward to request that the Board place golf cart signs on Marlee Road.

CONSENT ITEM(S):
RS140414 – 7:00:43 (Tab A) Approve Finance Package 2014-14 and associated Resolutions.

Motion: Approve Tab A as stated above and authorize the
Chairman to sign associated Resolutions. (See
Attachment “A”)
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley
Follow Up: Finance, OMB

REGISTER:
The Chairman signed the register for the following warrants: Warrant Nos. 207233 thru 207283 dated 3-25-14 for a register total of $112,844.44; Wire Transfer No. 1407715 dated 3-25-14 for a register total of $3,079.27; Wire Transfer No. 1407716 dated 3-25-14 for a register total of $1,458.43; Warrant Nos. 207284 thru 207406 dated 3-27-14 for a register total of $274,452.51; Wire Transfer No. 1407951 dated 3-27-14 for a register total of $275.67;
Wire Transfer No. 1407952 dated 3-27-14 for a register total of $812.25; Warrant Nos. 207407 thru 207491 dated 3-31-14 for a register total of $1,997,758.51; Wire Transfer Nos. 1408285 and 1408286 dated 4-2-14 for a register total of $8,977.50; Warrant Nos. 207492 thru 207587 dated 4-3-14 for a register total of $7,176.90; Wire Transfer Nos. 1408352 and 1408353 dated 4-3-14 for a register total of $1,171,365.47; Wire Transfer No. 1408354 dated 4-3-14 for a register total of $3,920.00; Wire Transfer No. 1408355 dated 4-3-14 for a register total of $48,592.22; Warrant Nos. 207588 thru 207663 dated 4-9-14 for a register total of $151,695.61; and Warrant Nos. 207664 thru 207673 dated 4-10-14 for a register total of $10,727.80.

OLD BUSINESS:
RS140414 – 7:01:04 (Tab B) Continue discussion of the Mobility Plan and Mobility Fee Ordinance.

Motion: Approved sending the Mobility Plan and Fee
Ordinance back to the Impact Fee and Concurrency Task Force Committee for review once the Commissioners have met with staff and representatives from Nabors, Giblin and Nickerson in order for the Commissioners’ questions regarding the Ordinance to be relayed to the Task Force.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley
Follow Up: County Manager, County Attorney, Board

NEW BUSINESS:
RS140414 – 7:02:23 (Tab C) Consider request to accept maintenance of the non-County maintained portion of Timmons Road.

Discussion: Howard Alderman came forward to review the request and to provide a brief history regarding that portion of the road. Freddie Alderman came forward to speak in support of the request and discussion followed. John Timmons came forward to address the request.

Request: Continued consideration of maintenance of a portion of Timmons Road to April 16, 2014 in order for the Public Works Director to research and bring back information as to whether the County has ever maintained that portion of Timmons Road.

RS140414 – 8:00:20 (Tab D) Consider setting a public hearing date to approve a Resolution for closing and abandonment of public right of access on 2290 South 8th Street. (proposed date & time: May 12, 2014 at 7:00 pm)

Motion: Approve Tab D as stated above and authorize the
Chairman to sign Resolution 2014-65 setting public hearing for May 12, 2014 at 7:00 p.m.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley
Follow Up: Public Works

RS140414 – 8:00:45 (Tab E) Consider request from Gillette & Associates, on behalf of The Dunes Subdivision, for waiver of requirements outlined in Ordinance 99-17, Article 11.7, Sidewalks. (Amelia Island Parkway)

Discussion: Mr. Herring and Nick Gillette, Gillette and Associates, reviewed the request. Mr. Gillette mentioned that his client is installing sidewalks on Bailey Road.

Motion: Approve Tab E as stated above.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley
Follow Up: Public Works

RS140414 – 8:01:52 (Tab F) Consider request for two additional positions for the Building Department.

Discussion: Mr. Selby reviewed the request and a brief discussion followed.

Motion: Approve Tab F as stated above.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley
Follow Up: Finance, OMB, Building Department, Human
Resources

RS140414 – 8:05:07 (Tab G) Discussion of the next Fiscal Year 14/15 Budget meeting.

Discussion: Upon the suggestion of Chairman Holloway, there was consensus of the Board not to schedule a special meeting to consider Fiscal Year 14/15 budget until OMB receives their official numbers.

RS140414 – 8:07:43 Ms. Sue Edwards came forward to request that Growth Management increase the font size on the rezoning notices that are placed on properties.

NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS140414 – 7:14:31 (Tab H) Consideration of Comprehensive Plan Amendment application CPA14-001, an Ordinance amending the Future Land Use Map of the Comprehensive Plan; providing for the reclassification of approximately 0.60 acres of real property located at Yanie Road and SR200 from Low Density Residential (LDR) to Commercial (COM); finding this action to meet the standards of a Small-Scale Amendment; and providing an effective date.

Motion: Open the floor to public discussion.
Maker: Commissioner Edwards
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley

Discussion: Mr. King reviewed the request.

Motion: Close the floor to public discussion.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley

Motion: Approve Tab H as stated above and authorize the
Chairman to sign Ordinance 2014-06 regarding same.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley
Follow Up: Growth Management, Clerk Staff

NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS140414 – 7:16:45 (Tab I) Consideration of Comprehensive Plan Amendment application CPA14-002, an Ordinance amending the Future Land Use Map of the Comprehensive Plan; providing for the reclassification of approximately 4.39 acres of real property located at County Road 107 and Arbor Lane, from Low Density Residential (LDR) to Commercial (COM); finding this action to meet the standards of a Small-Scale Amendment; and providing an effective date.

Motion: Open the floor to public discussion.
Maker: Commissioner Edwards
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley

Public Input: Sue Edwards came forward to speak against the application as it relates to the sale of alcohol, and distance between the septic systems. She also posed questions regarding the existing convenience store in the general area. Carl Edwards came forward to question the sale of alcohol at the existing convenience store and traffic on CR107. Mr. King responded to the questions. The group briefly discussed a separate issue regarding a security light shining on the Edwards’ property, which has been resolved.

Motion: Close the floor to public discussion.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley

Motion: Approve Tab I as stated above and authorize the
Chairman to sign Ordinance 2014-07 regarding same.
Maker: Commissioner Boatright
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Holloway, and
Boatright
Nay: Commissioner Edwards
Absent: Commissioner Kelley
Follow Up: Growth Management, Clerk Staff

NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS140414 – 7:32:16 (Tab J) Consider annexation of properties along Amelia Island Parkway by the City of Fernandina Beach.

Motion: Open the floor to public discussion.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley

Discussion: Mr. Selby reviewed the request.

Public Input: Mollie Garrett, attorney representing Ron Flick and Andy Alexander, came forward to distribute and review a letter dated April 14, 2014 from her to the City of Fernandina Beach Mayor Ed Boner and City Commissioners regarding opposition to pending annexation of 24.34 acres. Drew Scott, affected business owner, came forward to speak against the annexation as well. Ron Flick came forward to provide a brief history regarding the relationship between the City of Fernandina Beach and Gateway to Amelia.

Motion: Close the floor to public discussion.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley

Discussion: Mr. Hallman responded to an inquiry as to the Board options.

Motion: Authorize the County Manager to send a letter to
the City of Fernandina Beach Officials notifying them that the County is not interested in annexation of County property along Amelia Island Parkway.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley
Follow Up: County Manager

NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS140414 – 7:51:50 (Tab K) Second public hearing for consideration of an Ordinance of the Nassau County Board of County Commissioners amending the Code of Ordinances, amending Article 14 of the Land Development Code, Residential Mobile Home (RMH) Zoning District; amending Article 28 of the Land Development Code, Supplementary Regulations; amending Article 32 of the Land Development Code, Definitions; providing for findings; providing for severability; and providing an effective date.

Motion: Open the floor to public discussion.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley

Discussion: Mr. King reviewed the request.

No public input.

Motion: Close the floor to public discussion.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley

Motion: Approve Tab K as stated above and authorize the
Chairman to sign Ordinance 2014-08 regarding same.
Maker: Commissioner Edwards
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley
Follow Up: Growth Management, Clerk Staff

QUASI-JUDICIAL PUBLIC HEARING(S):
RS140414 – 7:53:34 (Tab L) Consideration of Rezoning application R14-001, filed by Gibson’s Home Store of Yulee, owner, and Philip Griffin, agent for owner, to rezone approximately 0.60 acres from Residential, Single Family-2 (RS-2) to Commercial General (CG). Property is located approximately one mile east of US17 on SR200/A1A.

Commissioners Ex-parte Communications:
RS140414 – 7:54:29 None.

RS140414 – 7:54:50 Documents submitted into the record: agenda request; staff report dated March 4, 2014; draft Ordinance; zoning map; Future Land Use map; and aerial map.

Motion: Accept documents into the record as presented
above.
Maker: Commissioner Edwards
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley
Follow Up: Growth Management

Motion: Open the floor to public discussion.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley

Deputy Clerk swore in staff to provide testimony.

Discussion: Mr. King reviewed the request.

Waive Presentation:
RS140414 – 7:55:55 Applicant not present.

No public input.

Motion: Close the floor to public discussion.
Maker: Commissioner Edwards
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley

Motion: Approve, based upon competent substantial
evidence in the record, Tab L as stated above and authorize the Chairman to sign Ordinance 2014-09 regarding same.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley
Follow Up: Growth Management, Clerk Staff

QUASI-JUDICIAL PUBLIC HEARING(S):
RS140414 – 7:56:47 (Tab M) Consideration of Rezoning application R14-002, filed by Hoshall and Clark Estate, owner, and Gillette and Associates, agent for owner, to rezone approximately 4.39 acres from Open Rural (OR) to Commercial Neighborhood (CN). Property is located approximately three miles south of SR200, immediately adjacent to County Road 107 and Arbor Lane.

Commissioners Ex-parte Communications:
RS140414 – 7:57:10 None.

RS140414 – 7:57:16 Documents submitted into the record: agenda request; staff report dated March 4, 2014; location map; zoning map; aerial map; and draft Ordinance.

Motion: Accept documents into the record as presented
above.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley
Follow Up: Growth Management

Motion: Open the floor to public discussion.
Maker: Commissioner Boatright
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley

Discussion: Mr. King reviewed the request.

Waive Presentation:
RS140414 – 7:58:44 Mr. Gillette waived his presentation.

No public input.

Motion: Close the floor to public discussion.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley

Motion: Approve, based upon competent substantial
evidence in the record, Tab M as stated above and authorize the Chairman to sign Ordinance 2014-10 regarding same.
Amend: Staff to provide Mr. and Mrs. Edwards with status
updates on the development of said property.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Holloway, and
Boatright
Nay: Commissioner Edwards
Absent: Commissioner Kelley
Follow Up: Growth Management, Clerk Staff

COUNTY ATTORNEY BUSINESS:
RS140414 – 8:08:22 Mr. Hallman distributed the following items for the Board’s review and possible discussion at the April 16, 2014 meeting: (1) draft Five Cent Gas Tax Option Ordinance; (2) natural gas tax franchise, Nabors, Giblin and Nickerson proposal; (3) process of notifying Solid Waste haulers that the County may be enacting an Ordinance that would impact their existing contracts; (4) creating a County-Wide Non Ad-Valorem Special Assessment for unsafe building removal; (5) Doggie Dining Bill {to be discussed later in the meeting by Commissioner Leeper} and (6) proposed letter to the Towns of Callahan and Hilliard regarding Fire Protection Services.

EXPANSION ITEMS:
RS140414 – 7:00:04 Authorize the County Attorney’s office to prepare and bring back on April 16, 2014 a Resolution Proclaiming May 2014 as Civility Month.

Motion: Expand the meeting to consider one (1) item as
stated above.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley
Follow Up: County Attorney

RS140414 -_8:12:16 Expansion Item #1: Authorize the County Attorney’s office to prepare and bring back on April 16, 2014 a Resolution Proclaiming May 2014 as Civility Month.

Motion: Approve expansion item 1 as stated above.
Maker: Commissioner Edwards
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Absent: Commissioner Kelley
Follow Up: County Attorney

DISCUSSION ITEMS:
RS140414 – 8:13:01 Commissioner Leeper’s Business:

• Commissioner Leeper briefly addressed a Doggie Dining Bill. Following a brief discussion it was the consensus of the Board to allow the County Attorney and County Manager and appropriate staff to prepare a policy and, if necessary, an Ordinance regarding Doggie Dining Bill.

• Reminder regarding Elm Street Little League opening day ceremony on April 19, 2014 at 11:00 a.m.

• Advised that Denise Bunnewith, North Florida Transportation Planning Organization (TPO) Planning Director, would be holding a meeting on April 23, 2014 at 5:00 p.m. – 7:00 p.m. to discuss the 2040 Path Forward Plan. County Manager to schedule individual meeting with the Commissioners and Ms. Bunnewith prior to the meeting (starting at 1:00 p.m.). County Manger to notice meeting on the County website.

• Provided an update regarding the Mass Transit Study.

RS140414-8:19:14

Noted: Commissioner Leeper to provide additional information in order for the Board to recognize Nassau County students for receiving an award for their participation in the 2040 Path Forward Plan.

RS140414 – 8:18:34 Commissioner Boatright’s Business:

Request: Consensus of the Board for the Public Works Director to conduct a study regarding the use of golf carts on Marlee Road.

RS140414 – 8:19:47 Commissioner Edwards’ Business:
None.

RS140414 – 8:19:55 Chairman Holloway’s Business:

Motion: Approve Resolution 2014-64 Requesting the Nassau
County Legislative Delegation to Sponsor Legislation to Designate that Portion of State Road A1A/200 Between I-95/SR9 and Stratton Road in Nassau County as “Nassau County Deputy Sheriffs Memorial Highway”.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Attorney

Motion: Approve changing the name of the Judicial Annex
to the “Robert M. Foster Justice Center”. Staff to bring back plan for the appropriate signage.
Maker: Commissioner Boatright
Second: Commissioner Holloway
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Manager, Public Works

• Reminder regarding the Charity Softball Game between the Tax Collector’s office and the Property Appraiser’s Office on April 19, 2014 at 4:00 p.m. at the Yulee Sports Complex.

RS140414 – 8:24:47 Commissioner Leeper commented on his conversation with Senator Aaron Bean’s aide regarding landscape/signage at the A1A/SR200 and I-95 interchange.

There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 8:26 p.m.

_____________________________
Barry V. Holloway, Chairman
Attest:

____________________________
John A. Crawford, Ex-Officio Clerk

ATTACHMENT “A”

Finance Package 2014-14:

Budget Transfer(s):

1. In the Municipal Service Fund in the amount of $19,000.00 for replacement of walk-in freezer at Animal Services.

2. In the Criminal justice Fund in the amount of $5,845.00 to pay final invoice for court mediation.

3. In the SAISSA-MSBU Fund in the amount of $9,000.00 to adjust budget for management fees.

Resolution(s):

1. Resolution 2014-60, regarding budget amendment in the General Fund in the amount of $22,801.00 for donations received by the Nassau county Library System.

2. Resolution 2014-61, regarding budget amendment in the General Fund in the amount of $1,151.00 for donations received by the Nassau County Library System.

3. Resolution 2014-62, regarding budget amendment in the General fund in the amount of $168.00 for donations received by the Nassau County Library System.

4. Resolution 2014-63, regarding budget amendment in the Nassau County Anti-Drug Enforcement Fund in the amount of $28.00 for rollover of SCAAP grants to Fiscal Year 13/14.

Other Item(s):

Approve signing authority for Michael Griffin, Building Official, up to $5,000.00.

Inventory Deletions/Changes:

Emergency Management, 3311, Generator and Transfer panel
used to be at Station 60, Serial No. Gener4162861.
Emergency Management, 3267, Max T Radio, Serial No.
Maxtr9605945.
Emergency Management, 06124, Battery Backup Smart USP
Rackmount, Serial No. F1DC108B-SR.
Emergency Management, 3259, Generator/Weather DGEN, Serial
No. Z4005E44-15.
Emergency Management, 3260, Generator/Weather DGEN, Serial
No. Z400 5E-11.
Emergency Management, 3261, Generator/Weather DGEN, Serial
No. Z400 5E-19.
Emergency Management, 3262, Generator/Weather DGEN, Serial
No. Z400 5E-10.
Library – Callahan Branch, 05069, HP Laser Jet 5100-TN,
Serial No. SCNGN165752.
Road and Bridge Department, 1393, 2002 Ice Machine, Serial
No. HOSHIM11416E.
Solid Waste Management, 5485, 2007 Optiplex Computer,
Serial No. GQLQZCI.
Clerk’s Finance, 0064, Lateral File Cabinet, Serial No.
N/A.
State Attorney Office, 3418, Sharp FO-DC 525 Fax Machine,
Serial No. DSNLIH.