Nassau County Board of County Commissioners Regular Session, April 16, 2014, 9:00 a.m.

Nassau County Board of County Commissioners
Regular Session, April 16, 2014, 9:00 a.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, Steve W. Kelley, Pat Edwards, and Walter J. Boatright.

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; Allan Reynolds, Clerk’s Budget and Financial Analyst; 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:

Audience Input:
RS140416 – 9:02:43 Marilyn Armstrong, owner of Burger King franchises, came forward to address issues with the Sign Ordinance, particularly limited use of digital signs and how it affects her business.

Request: Ms. Armstrong to meet with the County Attorney regarding Sign Ordinance issues.

RS140416 – 9:10:06 Gil Langley, Amelia Island Tourist Development Director, came forward to review the annual report and comment on the new program that has been launched. Mr. Langley presented Chairman Holloway with a plaque for his recent efforts to bring business to Amelia Island.

RS140416 – 9:15:23 Judge Foster came forward to express his gratitude to the Board for renaming the Judicial Annex to the Robert M. Foster Justice Center.

RESOLUTION(S):
RS140416 – 9:21:19 (Tab A) Approve a Resolution of the Board of County Commissioners of Nassau County, Florida, Celebrating the 100th Anniversary of the Signing of the Smith-Lever Act, the Founding Legislation of the Nationwide Cooperative Extension System.

Noted: Chairman Holloway stepped down from the Chair and Vice Chairman Edwards assumed the duties of the Chair.

Discussion: Rebecca Jordi, Extension Services Director, came forward to accept the Resolution and remind the Board about the Agriculture Extravaganza to be held on May 8, 2014. (Location not identified.)

Motion: Approve Tab A as stated above and authorize the
Board to sign Resolution 2014-66 regarding same.
Maker: Commissioner Boatright
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Extension Services, Clerk Staff

RS140416 – 9:32:25 (Tab B) Approve a Resolution of the Board of County Commissioners of Nassau County, Florida, Proclaiming April 2014 as Library Appreciation Month.

Discussion: Dawn Bostwick, Library Director, came forward to accept the Resolution and to introduce various staff members.

Motion: Approve Tab B as stated above and authorize the
Board to sign Resolution 2014-67 regarding same.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Library, Clerk Staff

Noted: Chairman Holloway resumed the duties of the Chair at 9:38 a.m.

CONSENT ITEM(S):
RS140416 – 9:45:29 (Tab C) Approve and authorize the Chairman to sign necessary forms to provide Billy Estep with signing authority up to $5,000.00 for Emergency Management accounts.

Motion: Approve Tab C as stated above.
Maker: Commissioner Boatright
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Finance, OMB, Emergency Operations Center,

REGISTER:
The Chairman signed the register for the following warrants: Warrant Nos. 207674 thru 207786 dated 4-16-14 for a register total of $354,558.96.

OLD BUSINESS:
RS140416 – 9:45:45 (Tab D) Consider approving a contract with Government Services Group (GSG) and Nabors, Giblin and Nickerson (NGN) for Phase II (implementation phase) to establish a Fire Special Assessment and approve associated budget transfers from reserves.

Discussion: Ms. Jones reviewed the request. Mr. Hallman commented on the reason this item was placed on the agenda as well as various concerns from the commission. Following discussion there was consensus to hold off on moving forward with Phase II of the Fire Special Assessment program in favor of exploring other options.

RS140416 – 9:49:53 (Tab E) Consider budget transfers to realign reserves and establish a minimum fund balance to protect the County against potential financial risk.

Discussion: Ms. Jones reviewed the request and discussion followed. Mr. Hallman advised the Board regarding the settlement of the SEDA Construction lawsuit and how it will affect the realignment.

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

NEW BUSINESS:
RS140416 -_9:52:50 (Tab F) Consider request from William R. Weigel and John W. Veasey for Reduction in Penalty for property located at 30380 County Road 121 in Hilliard. (Case #11-717)

Noted: Chairman Holloway stepped down from the Chair and Vice Chairman Edwards assumed the duties of the Chair.

Motion: Approve to assess administrative fees only
regarding Code Enforcement Case No. 11-717.
Maker: Commissioner Holloway
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Finance, OMB, Code Enforcement, Building
Department

Noted: Chairman Holloway resumed the duties of the Chair.

RS140416 – 9:54:00 (Tab G) Consider the following: (1) approve and authorize the Chairman to sign the Continuing Contract for Engineering Services – Solid Waste Landfills and Other Related Ancillary Facilities, with S2L, Inc., Contract No. CM2096; (2) authorize the Chairman to sign Work Authorization No. CM2096-WA01 with S2L, Inc., for Operation, Monitoring, Maintenance, and Reporting for the LFG Collection and Control System at the West Nassau Landfill in the amount of $101,250.04; and (3) authorize the Chairman to sign a budget transfer. Funding source(s): 70361534-531325 – $23,287.51 and 70362534-531325 – $77,962.53.

Motion: Approve Tab G as stated above.
Maker: Commissioner Boatright
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Finance, OMB, Public Works, Contract Management,
Solid Waste Management

RS140416 – 9:54:54 (Tab H) Consider the following: (1) approve and authorize the Chairman to sign the agreement with EltonAlan, Inc., Contract No. CM2105, for Design Services for the Crawford Road Improvements Project; (2) approve the budget sheet as submitted; and (3) authorize staff to release a Request for Qualifications (RFQ) for the Construction Engineering and Inspection (CEI) Services required for the project. Funding source(s): 63470541-563365 CRAW1 – $172,556.85 and 63470541-563365 CRAW2 – $459,656.68.

Motion: Approve Tab H as stated above.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Finance, OMB, Contract Management, Public Works

RS140416 – 9:55:42 (Tab I) Discuss/receive Board direction regarding the Nassau County Billboard Ordinance.

Discussion: Mr. King clarified that the Billboard Ordinance has nothing to do with the Sign Ordinance and reviewed the request. Following discussion there was consensus of the Board to agree with staff’s interpretation of the Code that a billboard can be reconstructed if re-built on the same parcel of land, which includes two immediately adjacent commercial parcels under the same ownership, and the billboard conforms to all county codes; except for separation distance restriction. Additionally, staff will work with the County Attorney to develop standards.

COUNTY MANAGER BUSINESS:
RS140416 – 10:06:26 As discussed on April 14, 2014, Mr. Herring provided an update as to whether the County has ever maintained the non-County portion of Timmons Road. Discussion followed and there was consensus of the Board to maintain current practice. No action taken.

COUNTY ATTORNEY BUSINESS:
RS140416 – 10:08:06 Mr. Hallman brought forth to the Board the following items: (1) Draft Ordinance regarding Five Cent Local Option Gas Tax; (2) Proposal from Nabors, Giblin and Nickerson {NGN} regarding natural gas franchise; (3) Draft letter to the Towns of Callahan and Hilliard regarding fire protection services; (4) Section 403.70605, Florida Statutes, regarding Solid Waste Collection Services; and (5) Two draft Ordinances regarding code violation abatement assessment.

Discussion: Mr. Hallman noted that there is already a Six Cent Gas Tax which was approved by a simple majority vote; the next Five Cent Gas Tax is what is before the Board now and will require a super majority vote. Ms. Jones reviewed the Ordinance. The group discussed the sunsetting prevision and how the Six Cent Gas Tax is to be used.

Motion: Set public hearing for May 12, 2014 at 7:00 p.m.
to consider an ordinance providing for the levy of an additional five cents of the local option gas tax upon every gallon of motor fuel sold in Nassau County and taxed under the provisions of Part I of Chapter 206, Florida Statutes; providing for the amount of said tax; providing for the period of time for which the tax shall be imposed; providing for the distribution and utilization of said tax; providing an effective date. Proposed sunset date five years.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: OMB, County Attorney, Board, County Manager

RS140416 – 10:20:27

Motion: Approve to expand the agenda for consideration
and action on any of the five items presented by the County Attorney as stated above.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Attorney

RS140416 – 10:21:13

Discussion: Mr. Hallman reviewed the request Proposal from Nabors, Giblin and Nickerson {NGN} regarding natural gas franchise and discussion followed.

Motion: Approved for County Attorney and County Manager
to commence the process to consider a natural gas franchise with FPU with assistance from Nabors, Giblin & Nickerson, if needed; include approval of NGN proposal with a not-to-exceed cost of $10,000.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Manager, County Attorney, Finance, OMB

RS140416 – 10:23:35

Discussion: Mr. Hallman reviewed the draft letter to the Towns of Callahan and Hilliard regarding fire protection services. Discussion followed and there was consensus of the Board to authorize the County Manager to send letters to the Towns of Callahan and Hilliard regarding fire protection services.

RS140416 – 10:25:31

Discussion: Mr. Hallman reviewed the request regarding Section 403.70605, Florida Statutes, regarding Solid Waste Collection Services and discussion followed.

Motion: Approved to commence the process to consider
consolidation of solid waste services, which includes the County Attorney sending advance notices to Nassau County’s permitted solid waste haulers.
Maker: Commissioner Kelley
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Attorney

RS140416 – 10:28:28

Discussion: Mr. Hallman reviewed the two draft Ordinances regarding code violation abatement assessment.

Motion: Approved to commence the public hearing process
to consider an ordinance creating a county-wide non-ad valorem special assessment for unsafe building removal.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Attorney

INFORMATIONAL ITEM(S):
RS140416 – 10:05:33 (Tab J) Monthly status update on Building Department and Code Enforcement activities.

RS140416 – 10:05:33 (Tab K) Monthly status update on County Extension activities.

RS140416 – 10:05:33 (Tab L) Monthly status update on Facilities Maintenance activities.

RS140416 – 10:05:33 (Tab M) Monthly status update on Public Works activities.

RS140416 – 10:05:33 (Tab N) Monthly status update on all contract amendments, change orders, task orders, and work authorizations, as required by Section 6.2 of the Nassau County Purchasing Policy.

RS140416 – 10:05:33 (Tab O) Informational only: authorized travel requests.

Request: Mr. Selby to provide Commissioner Leeper with details of the basic life-safety certification class travel request.

EXPANSION ITEMS:
RS140416 – 9:20:47 Approve Resolution Proclaiming the Month of May 2014 as Civility Month.

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

RS140416 -__9:36:58 Expansion Item #1: Approve Resolution Proclaiming the Month of May 2014 as Civility Month.

Motion: Approve expansion item 1 as stated above and
authorize the Board to sign Resolution 2014-68 regarding same.
Maker: Commissioner Boatright
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Attorney, Clerk Staff

RS140416 – 9:39:13

Discussion: Judge Foster; Michael Hickox, Property Appraiser; and John Drew, Tax Collector came forward to discuss with the Board the Charity Softball game to be held on April 19, 2014 at 4:00 p.m. at the Yulee Sports Complex.

RS140416 – 9:44:48 Chairman Holloway recognized Gil and Cathy Porter for their volunteer services on the west side of Nassau County.

DISCUSSION ITEMS:
RS140416 – 10:32:08 Commissioner Kelley’s Business:
None.

RS140416 – 10:32:10 Commissioner Leeper’s Business:

• Corrected time of Elm Street Little League opening day ceremony on April 19, 2014 to 11:30 a.m.

RS140416 – 10:32:21 Commissioner Boatright’s Business:

• Advised that he would not be attending the Elm Street Little League opening day ceremony due to prior engagement.

• 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.

RS140416 – 10:33:45 Commissioner Edwards’ Business:
None.

RS140416 – 10:33:47 Chairman Holloway’s Business:

• Reminder about the upcoming Shrimp Festival to be held the first weekend in May 2014.

RS140416 – 10:35:08 Mr. Hallman provided a brief update on the Sheriff’s Administration Building and the 911 Call Center as well as the Commerce Boulevard signalization project.

RS140416 – 10:36:37 Mr. Selby provided the Board with information regarding the hazmat response team travel as requested by Commissioner Leeper earlier in the meeting.

There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 10:36 a.m.

_____________________________
Barry V. Holloway, Chairman

Attest:

____________________________
John A. Crawford, Ex-Officio Clerk