Nassau County Board of County Commissioners Regular Session, April 28, 2014, 6:00 p.m.

Nassau County Board of County Commissioners
Regular Session, April 28, 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, Steve W. Kelley, Pat Edwards, and Walter J. Boatright.

Other Officials Present: 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:

Audience Input:
None.

RESOLUTION(S):
RS140416 – 6:02:50 (Tab A) Approve a Resolution of the Board of County Commissioners of Nassau County, Florida, honoring and commending Kathy Warner in recognition of being selected the 2014 Nassau County Volunteer of the Year.

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

Motion: Approve Tab A as stated above and authorize the
Board to sign Resolution 2014-69 regarding same.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Clerk Staff, County Manager

Noted: Chairman Holloway resumed the duties of the Chair.

CONSENT ITEM(S):
RS140428 – 6:06:32 (Tab B) Approve Finance Package 2014-15 and associated Resolutions.

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

RS140428 – 6:06:32 (Tab C) Approve and authorize the Chairman to sign Amendment No. 1 to the State Aid to Libraries Grant Agreement, Contract No. CM2005-A1, agreeing that at least one Library Branch is open 40 or more hours per week.

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

RS140428 – 6:7:16 (Tab D) Approve and authorize the Chairman to sign the Solid Waste Hauler’s Permit Renewal for Advanced Disposal.

Discussion: Mr. Hallman reviewed the Board’s direction to his department 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. Discussion followed regarding amending the present solid waste ordinance as it relates to a five-year permit.

Myron Thomas, General Manager for Advanced Disposal, expressed his firm’s concerns regarding consolidation of solid waste services. Discussion followed.

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

Motion: Approve to expand the meeting to discuss the
Board’s direction to staff regarding a Solid Waste Franchise.
Maker: Commissioner Leeper
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Attorney

Motion: County Attorney to modify the Board’s previous
direction from sending a thirty-six (36) month notice to sending a sixty (60) month advanced notice to haulers as it relates to consideration of creating a Solid Waste Franchise. Staff to bring back in 45 days a recommendation in terms of putting together a stakeholder/study.
Maker: Commissioner Kelley
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Attorney

REGISTER:
The Chairman signed the register for the following warrants: Warrant Nos. 207787 thru 207868 dated 4-22-14 for a register total of $232,072.39; Wire Transfer No. 1409220 dated 4-11-14 for a register total of $3,461.95; Wire Transfer No. 1409221 dated 4-15-14 for a register total of $512.00; Warrant Nos. 207869 thru 208072 dated 4-25-14 for a register total of $1,089,585.49; Wire Transfer No. 1408568 dated 4-3-14 for a register total of $100.00.

OLD BUSINESS:
RS140428 – 6:28:03 (Tab E) Continue discussion regarding food trucks within the unincorporated areas of Nassau County.

Discussion: Mr. Selby reviewed the request. Mr. King reviewed the various concerns in a letter dated April 14, 2014 submitted by the Amelia Island/Fernandina Beach/Yulee Chamber of Commerce presented at a previous meeting. The group discussed hiring a consultant to conduct a study, whether or not individuals were operating food trucks in the County, and a timeframe for the completion of the study.

Motion: Approved for Growth Management to move forward
with a study in preparation of an Ordinance to address food trucks and bring back to the Board if necessary.
Maker: Commissioner Boatright
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Growth Management

NEW BUSINESS:
RS140428 -_6:40:13 (Tab F) Consider the following: (1) purchase of two replacement rescue units and two administrative staff vehicles in the amount of $525,938.00 and authorize deletion of inventory of four vehicles being replaced upon receipt of new units; (2) accept the purchase of the new vehicles into the Fiscal Year 13/14 Fleet Replacement Plan; and (3) approve and authorize the Chairman to sign associated budget transfers and budget amendments. Funding source(s): 01261526-564002 FRP ($445,938.00); 01261526-546001 FRP ($40,000.00); and 04223522-564001 FRP ($40,000.00).

Discussion: Mr. Selby reviewed the request and discussion followed. Nassau County Fire Chief Matt Graves responded to an inquiry regarding purchasing used vehicles.

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

RS140428 – 6:46:06 (Tab G) Discussion of Blackrock Road Fire Station.

Discussion: Mr. Selby reviewed the request from Fire Rescue to send a thirty-day notice to the Yulee Volunteer Fire Department (VFD) requesting that they vacate the premises at the Blackrock Road Fire Station and discussion followed regarding the status of the Yulee VFD, and the condition of the Blackrock Road Fire Station.

Motion: Staff to send a thirty-day notice to the Yulee
VFD requesting that they vacate the premises at the Blackrock Road Fire Station.
Maker: Commissioner Edwards
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Manager, Fire Rescue

RS140428 – 6:50:03 (Tab H) Receive Board direction regarding the Sheriff’s Office Interior Alterations Bid No. NC13-054.

Discussion: Chairman Holloway provided a brief history regarding this item. Mr. Hallman distributed and reviewed the timeline with Sheriff Bill Leeper. Mr. Hallman noted that it is his intention to come before the Board at a May 2014 meeting to request the Board to consider setting a special meeting shortly after bid opening date for cost proposals, in order for the Board to make a timely recommendation regarding awarding the bid for the Design-Build proposals for the Sheriff’s Administration Facility.

Noted: County Attorney to provide the Sheriff with a similar timeline for the 911 Call Center.

Request: In the interim, Sheriff to keep the Board informed of deteriorating conditions at the present Sheriff’s Administration facility if additional repairs are needed.

Motion: Approved to reject all bids received for the
Sheriff’s Office Interior Alterations Bid No. NC13-054.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Facilities Maintenance, Contract Management

RS140428 – 7:12:56 (Tab I) Consider Change Order No. 1 to the contract with Service-Tech Corporation for installation of new duct insulation at the Judicial Annex in the amount of $16,240.00. Funding source: 01074712-546030-DUCT.

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

RS140428 – 7:13:46 (Tab J) Consider the following: (1) approve a Resolution authorizing the execution of the Supplemental Agreement No. 2 with the State of Florida, Department of Transportation, for the widening and resurfacing of Bay Road from Conner Nelson to CR 108; (2) authorize the Chairman to sign Contract No. CM1924- A2; (3) authorize the Chairman to sign associated budget amendment in the amount of $573,202.32; and (4) modify the adopted Capital Improvement Plan for a grand total of $2,256,511.00 as shown on the revised budget sheet. Funding source: 63470541-563100 BAY2.

Discussion: Mr. Herring reviewed the request.

Motion: Approve Tab J as stated above and authorize the
Chairman to sign Resolutions 2014-75 and 2014-76 regarding same.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Finance, OMB, Contract Management, Public Works

RS140428 – 7:15:52 (Tab K) Consider the following: (1) award Bid No. NC13-044 to Preferred Materials, Inc. in the amount of $1,906,511.32 for the widening and resurfacing of Bay Road Phase II; (2) authorize the Chairman to execute the Notice of Award and Contract No. CM2106; (3) authorize Engineering Services to issue the Notice to Proceed contingent upon receipt of the required Performance Bond, Payment Bond, and Certificate of Insurance; (4) approve the updated Project Budget Sheet to include a ten percent ($190,655.00) contingency for the project; and 5) approve and authorize the Chairman to sign five budget transfers. Funding source: 63470541-563100 BAY2.

Motion: Approve Tab K 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

RS140428 – 7:16:53 (Tab L) Consider the following: (1) approve and authorize the Chairman to sign two budget transfers for funding Construction Engineering Inspection (CEI) services for the Bay Road Phase II Widening and Resurfacing Project; and (2) authorize the Chairman to sign Work Authorization No. CM2027-WA01 for CDM Smith, Inc. in the amount of $122,962.19. Funding source: 63470541-563360 BAY2.

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

RS140428 – 7:17:30 (Tab M) Consider a Resolution relating to establishing a 25 MPH Speed Limit on the roadways in the Arnold Ridge Subdivision providing for findings by the Board of County Commissioners; providing for placement of 25 MPH Speed Limit Signs; providing for penalties; and providing for an effective date.

Motion: Approve Tab M as stated above and authorize the
Chairman to sign Resolution 2014-77 regarding same.
Maker: Commissioner Edwards
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Public Works, Clerk Staff

RS140428 – 7:18:01 (Tab N) Cancel and/or reschedule the Monday, May 26, 2014 Board meeting due to the holiday and County Offices being closed.

Motion: Cancelled the May 26, 2014 regular Board meeting
due to the holiday and County offices being closed.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Manager, County Attorney, Board, Clerk
Staff

NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS140414 – 7:04:22 (Tab O) Consider Comprehensive Plan Amendment application CPA14-003, an Ordinance amending the Future Land Use Map of the Comprehensive Plan; providing for the reclassification of approximately 8 acres of real property located on the north side of Woodbridge Parkway from Low Density Residential (LDR) to High Density Residential (HDR); 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 Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright

Discussion: Mr. King reviewed the request and discussion followed.

No public input.

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

Motion: Approve Tab O as stated above and authorize the
Chairman to sign Ordinance 2014-11 regarding same.
Maker: Commissioner Kelley
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Growth Management, Clerk Staff

QUASI-JUDICIAL PUBLIC HEARING(S):
RS140414 – 7:09:23 (Tab P) Consider Rezoning application R14-003, filed by Synovus Bank, LLC, owner, and Gillette & Associates, Inc., agent for owner, rezoning of approximately 27.11 acres from Planned Unit Development (PUD) and Residential General-1 (RG-1) to Planned Unit Development. Property is located on the north and south side of Woodbridge Parkway, Fernandina Beach area. Planning & Zoning Board recommends approval. Staff recommends approval.

Commissioners Ex-parte Communications:
RS140414 – 7:09:23 None.

RS140414 – 7:09:32 Documents submitted into the record: Agenda request; zoning map; location map; Future Land Use Map; aerial map; staff report dated April 1, 2014; Exhibit “A” – PUD Conditions; Exhibit “B” – Preliminary Site Plan; and Draft Ordinance.

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

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

Deputy Clerk swore in staff to provide testimony.

Discussion: Mr. King reviewed the request.

Waive Presentation:
RS140414 – 7:11:46 Michael S. Mullin, attorney with Rogers Towers, waived presentation.

No public input.

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

Motion: Approve, based upon competent substantial
evidence in the record, Tab P as stated above and authorize the Chairman to sign Ordinance 2014-12 regarding same.
Maker: Commissioner Kelley
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Growth Management

INFORMATIONAL ITEM(S):
RS140428 – 7:18:56 (Tab Q) Informational only: authorized travel.

EXPANSION ITEMS:
RS140428 – 6:01:43 (1) Approve to close County facilities at 2:00 p.m. on May 2, 2014 due to Administrative Order 2014-01 issued by Judge Robert M. Foster as it relates to traffic conditions for Shrimp Festival, and (2) County Attorney to summarize his understanding from the individual Commissioners meeting regarding the Mobility Plan and Fee Ordinance and entertain a motion to provide staff with direction regarding this matter.

RS140428 -_7:18:58 Expansion Item #1: Approve to close County facilities at 2:00 p.m. on May 2, 2014 due to Administrative Order 2014-01 issued by Judge Robert M. Foster as it relates to traffic conditions for Shrimp Festival.

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

RS140428 -_7:20:21 Expansion Item #2: County Attorney to summarize his understanding from the individual Commissioners meeting regarding the Mobility Plan and Fee Ordinance and entertain a motion to provide staff with direction regarding this matter.

Discussion: Mr. Hallman commented on his individual Commissioner meetings and reviewed the following comments/changes to the Mobility Plan and Fee Ordinance: (1) declare church sanctuary as having a diminimus impact, subject to supporting engineering study that would document same; (2) Church-based school activities: suggest an Ordinance that treats all private schools the same as public schools; (3) since daycare centers do have an impact in the peak hour period and given society’s issue with the expense of daycare and the need to get young parents back in the workforce, create an Ordinance that would make a finding that it is a use to incentivize. He also commented on the Board’s decision in a previous meeting to send this Ordinance back to the Impact Fee and Concurrency Task Force to review issues presented by him.

Request: County Manager to provide Commissioner Leeper with dates for a meeting of the Impact Fee and Concurrency Task Force to review the proposed changes.

Motion: Staff to make changes to the draft Ordinance as
presented by the County Attorney, and include reviewing the underlying plan within perhaps 3 years instead of 5 years.
Maker: Commissioner Leeper
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Growth Management, County Attorney, County
Manager

DISCUSSION ITEMS:
RS140428 – 7:25:14 Commissioner Kelley’s Business:

• Advised that he received a telephone call regarding the Sign Ordinance, Bay Road, and a political sign on A1A/SR200. Mr. Selby clarified that political signs are not exempt and stated that he has not received a formal complaint regarding the political sign.

RS140428 – 7:27:14 Commissioner Leeper’s Business:

• Clarified that he has not waivered on his decision regarding electronic signs as stated in a Newsleader article. He noted that he has received various comments in favor of the electronic signs.

Request: Staff to research a concern regarding the Burger King electronic sign as it relates to interference with the remote locks on vehicles.

• Commissioner Leeper advised that once he receives all the information, the Yulee Middle School teacher and her students who received the award for their participation in the 2040 Path Forward Plan would be coming before the Board. He also requested that a resolution be prepared regarding same.

RS140428 – 7:30:42 Commissioner Boatright’s Business:

• Briefly addressed the Florida Department of Transportation’s construction traffic/warning electronic signs.

• Provided a brief update regarding the Charity Softball game between the Tax Collector’s Office and the Property Appraiser’s Office.

RS140428 – 7:32:43 Commissioner Edwards’ Business:

• Advised that he received a telephone call regarding Florida Power and Light charges to residents that did not change their meter to smart meters. Discussion followed.

RS140428 – 7:34:27 Chairman Holloway’s Business:

• Reminder regarding the Shrimp Festival on May 2 through May 4, 2014 and the parade on May 1, 2014.

There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 7:35 p.m.

_____________________________
Barry V. Holloway, Chairman

Attest:

_________________________________
John A. Crawford, Ex-Officio Clerk

ATTACHMENT “A”

Finance Package 2014-15:

Resolution(s):

1. Resolution 2014-70, regarding budget amendment in the General Fund in the amount of $15.00 for donations received by the Nassau County Library System.

2. Resolution 2014-71, regarding budget amendment in the General Fund in the amount of $33,286.00 for a modification to increase funding for the Homeland Security grant, Contract #13-DS-97-04-55-01-380.

3. Resolution 2014-72, regarding budget amendment in the Sheriff Donation Fund in the amount of $3,213.00 for a donation received for the DARE Program.

Inventory Deletions/Changes:

Emergency Management, 20050306, Surveillance System Serial
No. N/A.
State Attorney’s Office, 3118, Computer IBM 8143-38U,
Serial No. LKHGC8Y.
State Attorney’s Office, 3119, Computer IBM 8143-38U,
Serial No. LKHFH5N.
State Attorney’s Office, 3120, Computer IBM 8143-38U,
Serial No. LKHFK3A.
State Attorney’s Office, 3121, Computer IBM 8143-38U,
Serial No. LKHFK9D.
State Attorney’s Office, 3122, Computer IBM 8143-38U,
Serial No. LKHFH5N.
State Attorney’s Office, 3123, Computer IBM 8143-38U,
Serial No. LKHGA5M.
State Attorney’s Office, 3124, Computer IBM 8143-38U,
Serial No. LKHGC8P.
State Attorney’s Office, 3125, Computer IBM 8143-38U,
Serial No. LKHFK3Z.
State Attorney’s Office, 3126, Computer IBM 8143-38U,
Serial No. LKHGC9L.
State Attorney’s Office, 3419, Printer HP Laserjet 2420dn,
Serial No. CNDJB09823.
ATTACHMENT “A”

State Attorney’s Office, 3452, Computer IBM 8189-5BU,
Serial No. KCNA4WX.
State Attorney’s Office, 3453, Computer IBM 8189-5BU,
Serial No. KCNA4WZ.
State Attorney’s Office, 3454, Computer IBM 8189-5BU,
Serial No. KCNA4XC.
State Attorney’s Office, 3456, Computer IBM 8189-5BU,
Serial No. KCNA4WY.
State Attorney’s Office, 5247, Computer IBM 8215-E9U,
Serial No. LKANVX9.
State Attorney’s Office, 5249, Computer IBM 8808-8HU,
Serial No. LKBFTF4.
State Attorney’s Office, 5248, Computer IBM 8808-8HU,
Serial No. LKBKZF3.
State Attorney’s Office, 5246, Computer IBM 8808-8HU,
Serial No. LKBKZF4.
State Attorney’s Office, 5251, Computer IBM 8808-8HU,
Serial No. LKBLAX1.
State Attorney’s Office, 5245, Computer IBM 8808-8HU,
Serial No. LKBLNR7.
State Attorney’s Office, 5244, Computer IBM 8808-8HU,
Serial No. LKBNCL2.
State Attorney’s Office, 5243, Computer IBM 8808-8HU,
Serial No. LKBNDM8.
State Attorney’s Office, 5250, Computer IBM 8808-8HU,
Serial No. LKBNDN4.
State Attorney’s Office, 5855, Laptop Dell Latitude D630,
Serial No. 86W9MF1.
State Attorney’s Office, 5860, Laptop Dell Latitude D630,
Serial No. 17W9MF1.
State Attorney’s Office, 3458, Computer IBM 8189-5BU,
Serial No. KCNA4XD.
Road and Bridge Department, 1455, 2003 Cub Cadet Utility
Vehicle, Serial No. 2H142B004.
Technical Services, 1925, 2002 Ford Explorer, Vin No.
1FMZU73WX2UB88862.