Nassau County Board of County Commissioners Regular Session, April 20, 2016, 9:00 a.m.

Nassau County Board of County Commissioners
Regular Session, April 20, 2016, 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 Walter J. Boatright, Commissioners Daniel B. Leeper, Steve W. Kelley, Pat Edwards, and George V. Spicer.

Other Officials Present: Michael S. Mullin, County Attorney; and Ted Selby, County Manager.

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

Official Agenda Summary:

Audience Input:
RS160420 – 9:04:14 Norman Heubeck came forward to express his concerns regarding Municipal Service taxes being used by the Towns of Callahan and Hilliard and requested a history as to why the towns do not pay the Municipal Service taxes. Ms. Jones offered to provide Mr. Heubeck with the information that he is requesting.

RS160420 – 9:07:02 The following individuals came forward to address stealing by County employees: Larry Mitchell, Richard Conrad, and Roger Horton.

RS160420 – 9:12:17 Betsie Huben, Amy Tompkins, Jennifer Schriver, Randolph Wells, Michelle Pickar, Nancy Hickman, and Becky White came forward to address issues with items left on the beach and various aspects of the Ordinance Prohibiting and Regulating Personal Property Unattended on Atlantic Ocean Beaches within the Unincorporated Areas of Amelia Island.

RESOLUTION(S):
RS160420 – 9:39:48 (Tab A) Approve a Resolution honoring Dale Burkett on His Retirement After Nearly Thirty-Three Years of Service With Nassau County.

Motion: Approve Tab A as stated above and authorize the
Board to sign Resolution 2016-52 regarding same.
Maker: Commissioner Edwards
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Manager, Clerk Staff

PRESENTATION(S):
RS160420 – 9:45:26 (Tab B) Billy Stonebreaker, Interim Facilities Maintenance Director re: monthly status update on Facilities Maintenance activities.

Discussion: Mr. Stonebreaker came forward to review monthly activities.

CONSTITUTIONAL OFFICER BUSINESS:
RS160420 – 9:53:19 (Tab C) Approve and authorize the Chairman to sign the Certificate Regarding Matching Funds for the Fiscal Year 2015/2016 Federal Election Activities Grant, the Certificate of Equipment for Casting and Counting Ballots, and associated budget amendment.(Grant Award – $9,335.93. Grant Match – $1,400.39) Funding source: 1S061513-552000.

Motion: Approve Tab C as stated above and authorize the
Chairman to sign Resolution 2016-53 regarding same.
Maker: Commissioner Leeper
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Finance, OMB, Grants, Sheriff

CONSENT ITEM(S):
RS160420 – 9:53:45 Approve the following consent items: (D) Finance Package 2016-12 and associated Resolutions. (E) authorization for the Chairman to sign Non-Exclusive Access and Utility Easements for Verizon Wireless to access County-owned properties with the Amelia Island Plantation.

Motion: Approve consent agenda items (Tabs D and E) as
stated above. (See Attachment “A” for Tab D)
Maker: Commissioner Edwards
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Finance, OMB, County Manager

REGISTER:
The Chairman signed the register for the following warrants: Warrant Nos. 226385 thru 226424 dated 4-12-16 for a register total of $121,048.77; Warrant Nos. 226425 thru 226561 dated 4-15-16 for a register total of $297,549.38;
Wire Transfer Nos. 1609128 thru 1609129 dated 4-11-16 for a register total of $2,888.11; Wire Transfer No. 1609130 dated 4-12-16 for a register total of $4,190.69; and, Warrant Nos. 226562 thru 226635 dated 4-19-16 for a register total of $51,194.81.

RS160420 – 9:54:23

Motion: Adjourn as the Board of County Commissioners and
convene as the SAISS MSBU Governing Board.
Maker: Commissioner Edwards
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright.

RS160420 – 9:54:45 (Tab F) Approve and authorize the Chairman to sign Task Order No. CM1852-TO17 with Olsen Associates, Inc. in the amount of $224,100.00 for Nassau Sound Geotechnical Investigation related to the South Amelia Island Shore Stabilization Project. Funding source: 43600539-531388.

Motion: Approve Tab F as stated above.
Maker: Commissioner Kelley
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright.
Follow Up: Finance, OMB, Contract Management, Bill Moore

RS160420 – 9:56:04

Motion: Adjourn as the SAISS MSBU Governing Board and
reconvene as the Board of County Commissioners.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright.

OLD BUSINESS:
RS160420 – 11:18:32 (Tab G) Continue discussion regarding scheduling a Workshop to explore options for fire services throughout the County.

Discussion: Mr. Selby reviewed the request and provided a brief history regarding water and sewer at American Beach. Discussion followed.

Request: County Manager’s office to provide the Commissioners with a copy of the previous fire special assessment study and along with additional information regarding countywide fire service and bring back to a date in the future in order to schedule a workshop.

RS160420 – 11:35:33 (Tab H) Continue consideration of the following: (1) award Bid No. NC16-005 to Roadscape North Florida, LLC for Roadway Striping and Pavement Markings; (2) authorize the Chairman to sign Contract No. CM2300; and (3) approve the project list presented by staff. Funding source: 03404541-534008 (Striping Contractual Services) and 03404541-546000 RSTRP (Repairs & Maintenance Services).

Discussion: Commissioner Spicer requested that staff investigate Roadscape North Florida, LLC striping work at various locations in the County. Mr. Selby briefly addressed the purchasing policy. Mr. Herring responded to an inquiry clarifying that that the striping work Commissioner Spicer is referring to was done under a separate purchase order and no payments will be processed until such time as the County has inspected the work and accepted it.

Mr. Mullin responded to an inquiry regarding an issue with Roadscape North Florida, LLC’s Certificate of Liability Insurance as discussed at a previous meeting.

Motion: Continue to May 9, 2016 consideration of Tab H as
stated above.
Maker: Commissioner Edwards
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Public Works

NEW BUSINESS:
RS160420 – 11:41:50 (Tab I) Approve the following: (1) Award Bid No. NC16-009 to Dunmar Group, Inc. for the Replacement of Dune Walk-Over Scott Road No. 104 Project; and (2) authorize the Chairman to sign a purchase order totaling $76,257.78. Funding source: 01075572-563704.

Discussion: Mr. Stonebreaker responded to an inquiry regarding bid process.

Mr. Stonebreaker briefly commented on the fire services discussed earlier in the meeting.

Motion: Approve Tab I as stated above.
Maker: Commissioner Kelley
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Finance, OMB, Contract Management, Facilities
Maintenance

RS160420 – 11:46:13 (Tab J) Consider the following: (1) award Bid No. NC16-006 to Intelligent Conservation Systems, Inc. in the amount of $241,826.00 for the Beach Front Park Plumbing Retro-fit Project; and (2) authorize the Chairman to sign associated Purchase Order. Funding source: 09075572-562002 PPBPP.

Discussion: Mr. Stonebreaker came forward to respond to questions regarding this item and advised that this project could be done in-house. Discussion followed.

Motion: Rejected all bids received for Bid No. NC16-006
for the Beach Front Park Plumbing Retro-fit Project.
Maker: Commissioner Edwards
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Contract Management, Facilities Maintenance

RS160420 – 11:52:11 (Tab K) Approve and authorize the Chairman to sign the Cost-Share Agreement with the St. Johns River Water Management District, Contract No CM2310, for Rural Economic Development Initiative (REDI) Grant Funds in the amount of $500,000.00 to be used for Phase VII of the Thomas Creek Restoration Project; and authorize the Chairman to sign associated budget amendment.

Noted: Chairman Boatright stepped down from the Chair and Vice Chairman Leeper assumed the duties of the Chair.

Motion: Approve Tab K as stated above and authorize the
Chairman to sign Resolution 2016-55 regarding
same.
Maker: Commissioner Boatright
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Finance, OMB, Contract Management, Public Works

RS160420 – 11:52:41 (Tab L) Consider the following: (1) approve the Evaluation Committee’s ranking and recommendation to award Bid No. NC16-004 to the top-ranked firm, Hayward Construction, for the Thomas Creek Restoration Project Phase VII in the amount of $500,000.00; and (2) authorize the Chairman to sign Contract No. CM2309. Funding Source: St. Johns River Water Management District, Rural Economic Development Initiative Community & Innovative Projects Cost-Share Funding Program.

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

Noted: Chairman Boatright resumed the duties of the Chair.

RS160420 – 11:53:49 (Tab M) Approve and authorize the Chairman to sign the State Housing Initiative Partnership (SHIP) Program Funding Certification for Fiscal Year 2016/2017 SHIP Funds to be used for down payment and rehabilitation assistance.

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

RS160420 – 11:54:24 (Tab N) Discuss/receive Board direction regarding Chester Road Improvements.

Discussion: Mr. Selby reviewed the request. Discussion following regarding funding for CR115 and Dyal Road and the possibility of a roundabout at Chester Road and Pages Dairy Road.

Mr. Selby provided an update on CR 115. He also commented that if the Board directs staff to move forward with using the $5.15 million on Chester Road, the recommendation would be to incorporate all the engineering work and the bidding at the same time the Pages Dairy project is scheduled, which would provide a savings by having those projects run concurrently. Discussion followed.

Mr. Herring notified the Board that while he was at a training session with members of Florida Department of Transportation, they indicated that their next program would include the missing portion of Dyal Road; probably in Fiscal Year 2020. Discussion followed as to whether there is any extra funding to assist with CR 115.

Motion: Approve repurposing the $5.15 million of funds
appropriated of the Chester Road funds in the Capital Improvement Program to provide for the improvements at Chester Road and Pages Dairy Road and the resurfacing of portions of Chester Road north of Heron Isles, and combining the design of this project with the design of the widening and resurfacing of Pages Dairy Road.
Maker: Commissioner Edwards
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards, and
Boatright
Nay: Commissioner Spicer
Follow Up: Finance, OMB, Public Works, County Manager

NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS160420 – 9:57:40 (Tab O) Conduct a public hearing for the consideration of an Ordinance of the Board of County Commissioners of Nassau County, Florida, Prohibiting and Regulating Personal Property Unattended on Atlantic Ocean Beaches within the Unincorporated Areas of Amelia Island. (First of two public hearings).

Mr. Mullin read the legislative procedures.

Discussion: Mr. Mullin reviewed the request and briefly commented on the 25 foot radius around turtle nesting.

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

Public input: Betsy Hurben came forward to address the tent skeletons which were left out in front of the Surf and Racket Club for four days as well as the radius around turtle nesting.

Mary Libby came forward to address canopies left on the beach because of bad weather and lights out program during turtle nesting season. Mr. Mullin commented that minimum requirements have been set forth by the state addressing the lighting and the State encouraged counties and cities to adopt those minimum requirements.

Jennifer Schriver came forward to inquire about e-mails Mr. Mullin received from citizens regarding the radius around turtle nesting and she requested that he release these e-mails to her in order for her to contact those individuals. She also addressed private property rights.

Michael Leary came forward to address the Tourist Development Council’s efforts regarding the Beach litter issue and the Beach Committee appointed by the Board.

Randolph Wells came forward to inquire about camping tents. He provided clarification regarding a comment he made at previous meeting.

Susan Dewolf came forward to address Section 10 in the draft ordinance regarding the effective date.

Ms. Hurben requested that the Board send this draft ordinance back to the Beach Committee for further review and to allow more citizen participation in their meetings.

Amy Tompkins came forward to address the intent of the ordinance.

Don Harris came forward to address the radius around a turtle nest.

Mary Duffy came forward to address the issue allowing individuals to stack their chairs along the dunes.

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

Discussion: The group discussed the radius around a turtle nest; whether the City has a beach ordinance; tents left out overnight; Section 4 as it relates to the time frame for removal of beach furniture; stronger language in Section 6, (1), Notification; and holes left on the beach. They also discussed enforcement, tagging items, and locations where the items can be moved.

Ms. Duffy addressed issues with the time frame for removing items from the beach. She commented that she would be comfortable with a ten foot radius around turtle nests. She responded to an inquiry regarding holes at the beach. Discussion followed.

Commissioner Leeper briefly addressed changing the effective date on the ordinance.

Motion: Approve the following changes to the draft
ordinance: Page 3, Section 4(3) From 8:00 p.m. until 6:00 a.m. daily…” and Page 4(c) to read “within ten (10) feet” instead of twenty five feet.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Attorney

Gil Langley, Tourist Development Council (TDC) Director, came forward to provide an update on the TDC’s efforts regarding this matter.

Motion: Second Public Hearing on April 25, 2016 at 6:00
p.m., or as soon thereafter as the matter may be heard, consideration of an Ordinance of the Board of County Commissioners of Nassau County, Florida, Prohibiting and Regulating Personal Property Unattended on Atlantic Ocean Beaches within the Unincorporated Areas of Amelia Island.
Maker: Commissioner Leeper
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Attorney

RS160420 – 11:10:58 The Board recessed and reconvened at 11:18 a.m. to continue with the regular agenda.

INFORMATIONAL ITEM(S):
RS160420 – 12:20:36 (Tab P) Monthly status update on Building Department & Code Enforcement activities.

RS160420 – 12:20:36 (Tab Q) Monthly status update on County Extension activities.

RS160420 – 12:20:36 (Tab R) Monthly status update on Public Works activities.

RS160420 – 12:20:36 (Tab S) Monthly status update on all contract amendments, change orders, task orders, and work authorizations approved by the County Manager in March 2016, as required by Section 6.2 of the Nassau County Purchasing Policy.

RS160420 – 12:20:36 (Tab T) Informational only: notification of Emergency Purchase approved by the County Manager in accordance with the Nassau County Purchasing Policy.

RS160420 – 12:20:36 (Tab U) Informational only: employee travel authorized by the County Manager.

EXPANSION ITEMS:
RS160420 – 9:03:28 (1) Review the quasi-judicial procedures; and (2) Approve new position in the County Attorney’s Office.

Motion: Expand the meeting to consider two (2) items as
stated above.
Maker: Commissioner Edwards
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Attorney, County Manager

RS160420 – 12:11:40 Expansion Item #1: Review the quasi-judicial procedures.

Discussion: Mr. Mullin emphasized that any e-mails received by the Commissioners regarding the FPL appeal, either for or against, should be brought to the public hearing on May 19, 2016 at 6:00 p.m. in order to be entered into the record. Regarding telephone calls received, the Commissioner should note who the call was from (if the caller is willing to identify themselves) and generally what the caller discussed in order for this information to verbally be entered into the record. Regarding site visits, the Commissioners will be required to disclose that on the day of the hearing if they made any site visits. Mr. Mullin advised that either party will have the right to question any Commissioner regarding their site visit. Regarding a motion in the matter, the Board must state that their motion is based upon competent, substantial evidence placed in the record and testimony to support their decision. He stressed the importance of stating this. In the future there will be two proposed motions: (1) We find competent, substantial evidence in the record and testimony to support following… and (2) We do not find competent substantial evidence in the record and testimony. Mr. Mullin will provide the Commissioners with additional information prior the public hearing on May 19, 2016 at 6:00 p.m.

RS160420 – 12:17:04 Expansion Item #2: Approve new position in the County Attorney’s Office.

Discussion: Mr. Selby reviewed the request.

Motion: Approve Legal Assistant position for the County
Attorney’s Office.
Maker: Commissioner Spicer
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Finance, OMB, County Attorney, Human Resources,
County Manager

DISCUSSION ITEMS:
RS160420 – 12:20:48 Commissioner Kelley’s Business:
None.

RS160420 – 12:20:48 Commissioner Spicer’s Business:
None.

RS160420 – 12:21:10 Commissioner Edwards’ Business:

• Several kayakers have contacted him regarding Lofton Creek not being accessible due to the trees that have fallen in the water. He commented on his conversation with the individual who helped with the Thomas Creek de-snagging.

Request: Public Works Director to research possible State funding for the de-snagging of Lofton Creek.

RS160420 – 12:22:27 Commissioner Leeper’s Business:

Request: Interim Facilities Maintenance Director to research the option of a kayak launch on Lofton Creek off Pages Dairy Road.

RS160420 – 12:23:07 Chairman Boatright’s Business:
None.

RS160420 – 12:23:27 Mr. Selby reminded the Board about the Volunteer Luncheon on April 21, 2016.

There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 12:23 p.m.

_____________________________
Walter J. Boatright, Chairman

Attest:

____________________________
John A. Crawford, Ex-Officio Clerk

ATTACHMENT “A”

Finance Package 2016-12:

Resolution(s):

1. Resolution 2016-54, regarding budget amendment in the General Fund in the amount of $765.00 for donations received by the Nassau County Library System.