Nassau County Board of County Commissioners Regular Session, February 10, 2014, 6:00 p.m.

Nassau County Board of County Commissioners
Regular Session, February 10, 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; Doug McDowell, Strategic Planner; and representing the Clerk’s office Brenda Linville and Connie Arthur, Deputy Clerks.

Official Agenda Summary:

Audience Input:
RS140210 – 6:03:39 Michael S. Mullin, attorney with Rogers Towers, came forward and distributed documents related to two rights-of-way on properties owned by Mr. Myers and Mr. Mock. He requested the Board schedule a public hearing to vacate and abandon those rights-of-way. (See 6:40:41 motion)

RS140210 – 6:04:11 Carl Shelton came forward to speak regarding comments made by a citizen at a previous meeting regarding the gun club on Clements Road.

Requested: Mr. Shelton to provide his contact information to the County Attorney regarding the gun club on Clements Road and the County Manager and Public Works Director regarding wetland issues.

CONSENT ITEM(S):
RS140210 – 6:07:22 (Tab A) Approve Finance Package 2014-07 and Associated Resolutions.

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

REGISTER:
The Chairman signed the register for the following warrants: Wire Transfer No. 1404845 dated 1-23-14 for a register total of $4,974.73; Wire Transfer No. 1404846 dated 1-24-14 for a register total of $1,337.41; Warrant Nos. 205697 thru 205784 dated 1-28-14 for a register total of $119,408.41; Warrant Nos. 205785 thru 205860 dated 1-31-14 for a register total of $68,017.35; Wire Transfer No. 1405006 dated 1-28-14 for a register total of $485.00; Warrant Nos. 205861 thru 205947 dated 2-4-14 for a register total of $370,781.40; Warrant Nos. 205948 thru 206058 dated 2-7-14 for a register total of $1,497,931.21; Warrant Nos. 206059 thru 206146 dated 2-10-14 for a register total of $223,673.04; Wire Transfer No. 1405490 dated 2-2-14 for a register total of $53,920.00; and, Wire Transfer Nos. 1405491 thru 1405492 dated 2-6-14 for a register total of $5,100.00.

OLD BUSINESS:
RS140210 – 6:07:39 (Tab B) Continue consideration of request from Lane Mashburn regarding purchase of County-owned property located at 2290 South 8th Street in Fernandina Beach.

Discussion: Mr. Mashburn came forward to review his request. Mr. Selby provided a brief history regarding the request and discussion followed regarding a possible issue with a driveway link and the market value of the property. Mr. Hallman discussed the public sale process. He also addressed the terms of the abandonment of the driveway and associated cost.

Motion: Move forward with staff doing their due diligence
for the possible sale of County owned property located at 2290 South 8th Street in Fernandina Beach.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Engineering Services, County Attorney, County
Manager

RS140210 – 6:15:03 (Tab C) Continue discussion regarding a Resolution designating Scott Road as One-Way during the 2014 Concours d’Elegance.

Discussion: The following individuals came forward to speak against the resolution: Shelia Nieder and Fred Borakove. Commissioner Leeper provided a timeline regarding this matter. Bill Leeper, Sheriff, came forward to state his position regarding this matter.

Motion: Regarding traffic issues on Scott Road during the
2014 Concours d’Elegance event, no action will be taken this year. After this year’s event Sheriff’s office to take the lead and review operations and work with Concours officials and residents towards a resolution for next year’s event.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Engineering Services, Sheriff

NEW BUSINESS:
RS140210 – 6:29:27 (Tab D) Consider the following: (1) approve a Resolution authorizing the execution of an agreement with the Florida Department of Transportation for resurfacing of CR121 from Curry Lane to Andrews Road; (2) authorize the Chairman to sign the agreement, Contract No. CM2084; (3) accept the project into the Capital Improvement Plan [CIP] and approve the project budget amendment as presented; and (4) authorize the Chairman to sign two budget transfers. Funding source(s): FDOT SCRAP -$1,654,356.00; Reserves Transportation -$247,944.00; and Project Number 121CA.

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

RS140210 -_6:30:56 (Tab E) Release final retainage in the amount of $11,032.73 to Kirby Development, Inc. for completion of the 14th Street at Lime Street Intersection Improvement Project, contingent upon Contract Management’s acknowledgement of receipt of all final releases of lien. Funding Source: 41000000-205500-14LIM.

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

RS140210 – 6:31:54 (Tab F) Discuss/receive Board direction regarding adoption of a Resolution banning the possession, sale and distribution of synthetic drugs in Nassau County, Florida.

Motion: Authorize the County Attorney to work with the
Sheriff’s office to bring back a proposed Ordinance to set for possible hearing for banning the possession, sale, and distribution of synthetic drugs in Nassau County.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Attorney, Sheriff

RS140210 – 6:33:43 (Tab G) Discuss/receive Board direction concerning the request from the Planning & Zoning Board to solicit involvement by the Florida Government Utility Authority regarding water and sewer services in Nassau County.

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

Motion: Approve general authority to the Planning and
Zoning Board to research water and sewer issues in Nassau County and bring back recommendations to the Board.
Maker: Commissioner Boatright
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Attorney, Growth Management, Planning and
Zoning Board

RS140210 – 6:36:12 (Tab H) Consider request from Local 3101 for donation of a 2000 Chevy Tahoe, Asset # 5870, to be used by Local 3101 for public relations and community outreach events.

Motion: Continue to February 19, 2014 consideration of
Tab H in order for the County Attorney to provide
a legal opinion.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Fire Rescue, County Manager

RS140210 – 6:50:35 Chairman Holloway inquired if there was any additional audience input; there were none.

RS140210 – 6:50:46 The Board recessed and reconvened at 7:03 p.m. to consider the public hearings.

NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS140210 – 7:04:05 (Tab I) Consider an Ordinance of the Board of County Commissioners of Nassau County, Florida, amending the Code of Ordinances, amending Section 5.07 (D) of the Land Development Code, Preliminary Binding Site Plan Processes; providing for findings; providing for severability; and providing an effective date.

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

Discussion: Mr. McDowell reviewed the request.

No audience input.

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

Motion: Approve Tab I as stated above and authorize the
Chairman to sign Ordinance 2014-003 regarding same.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Growth Management, Clerk Staff

NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS140210 – 7:06:55 (Tab J) Consider an Ordinance of the Board of County Commissioners of Nassau County, Florida, establishing and creating regulations which pertain to the sale and use of E-Cigarettes and Liquid Nicotine and providing therein for definitions, for a prohibition of the sale within the County of E-Cigarettes and Liquid Nicotine to persons under eighteen years of age, for a prohibition on the use within the County of an E-Cigarette where smoking is prohibited, for a prohibition of self-service merchandising in the sale of E-Cigarettes and Liquid Nicotine, and for enforcement and penalties; providing findings in support of the adoption of the Ordinance; providing for severability; and providing an effective date.

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

Discussion: Mr. Selby briefly reviewed the request.

Audience input: Sheriff’s Deputy Doug McDonald came forward to speak in favor of the Ordinance and to thank the Board for addressing this issue.

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

Motion: Approve Tab J as stated above and authorize the
Chairman to sign Ordinance 2014-004 regarding same.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Health Department, Clerk Staff

INFORMATIONAL ONLY:
RS140210 – 6:36:40 (Tab_K) Informational only: authorized travel requests.

EXPANSION ITEMS:
RS140210 – 6:01:47 (1) Approve the contract for purchase of approximately 6 acres on Crawford Road/SR 2 for relocation of Fire Rescue Station 90; (2) Consider waiver of the Nassau County Purchasing Policy for purchase of one [1] modular building and two [2] portable buildings from DDI Contracting; (3) Request the Board to waive the purchasing policy and approve to purchase the Roll-Off Trash Compactors from IES Sales and Service in the amount of $30,246.25 and purchase the Roll-Off Recycle Bins from Iron Container in the amount of $19,800.00; and direct Contract Management to issue a formal sealed invitation to bid for the purchase of the Roll-Off Trash Compactors and Roll-Off Recycle Bins; and (4) Schedule a public hearing for February 24, 2014 at 7:00 p.m. to consider amending the Purchasing Policy Ordinance, adding a Section 8, to provide guidelines for the award of design build contracts.

Motion: Expand the meeting to consider four (4) items as
stated above.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Manager, County Attorney

RS140210 – 6:47:51 Expansion Item #1: Approve the contract for purchase of approximately 6 acres on Crawford Road/SR 2 for relocation of Fire Rescue Station 90.

Discussion: Mr. Selby reviewed the request.

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

RS140210 -_6:48:37 Expansion Item #2: Consider waiver of the Nassau County Purchasing Policy for purchase of one [1] modular building and two [2] portable buildings from DDI Contracting.

Discussion: Mr. Selby reviewed the request and a brief discussion followed regarding the timeframe for completion.

Motion: Approve expansion item 2 as stated above.
Maker: Commissioner Edwards
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Finance, OMB, Fire Rescue, County Manager,
Facilities Maintenance

RS140210 -_6:44:58 Expansion Item #3: Request the Board to waive the purchasing policy and approve to purchase the Roll-Off Trash Compactors from IES Sales and Service in the amount of $30,246.25 and purchase the Roll-Off Recycle Bins from Iron Container in the amount of $19,800.00 or direct Contract Management to issue a formal sealed invitation to bid for the purchase of the Roll-Off Trash Compactors and Roll-Off Recycle Bins.

Discussion: Mr. Hallman reviewed the request.

Motion: Approve to waive the purchasing policy and
approve to purchase the Roll-Off Trash Compactors from IES Sales and Service in the amount of $30,246.25 and purchase the Roll-Off Recycle Bins from Iron Container in the amount of $19,800.00.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Finance, OMB, County Manager, Public Works,
Solid Waste Management, Contract Management

RS140210 – 6:46:20 Expansion Item #4: Schedule a public hearing for February 24, 2014 at 7:00 p.m. to consider amending the Purchasing Policy Ordinance, adding a Section 8, to provide guidelines for the award of design build contracts.

Discussion: Mr. Hallman reviewed the request.

Motion: Approve expansion item 4 as stated above.
Maker: Commissioner Edwards
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Attorney, County Manager, Contract
Management

DISCUSSION ITEMS:
RS140210 – 6:36:48 Commissioner Kelley’s Business:

• Discussed residents’ concerns regarding issues with the sidewalks on Lime Street as well as the one way traffic. It was clarified that this is a Florida Department of Transportation project (Safe Routes to School Program).

RS140210 – 7:10:22

• Reminder that tickets are available for the Annual Optimist Club oyster roast to be held on March 15, 2014.

RS140210 – 6:38:17 Commissioner Leeper’s Business:

• Addressed Commissioner Kelley’s concerns regarding issues on Lime Street.

• Sent out condolences to Vicki Cannon and her family for the loss of her father.

• Well wishes to the deputy sheriff involved in the incident this afternoon.

RS140210 – 6:40:08 Commissioner Boatright’s Business:

• Wished everyone a “Happy Valentine’s Day”

RS140210 – 6:40:41 At the request of Commissioner Boatright, Mr. Mullin come forward to discuss the two rights-of-way issues that he mentioned earlier in the meeting.

Motion: Approve to schedule a public hearing for March
10, 2014 at 7:00 p.m. to consider the closing, vacating, and abandoning of those certain rights of ways or the renouncing and disclaiming of any right or interest of said Nassau County, Florida, and the public in said rights of way or platted alleys. (Property donated to the County by Paul and Annie Burns on August 9, 1966.)
Maker: Commissioner Boatright
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Attorney, Public Works, Michael S. Mullin

RS140210 – 6:44:50 Commissioner Edwards’ Business:
None.

RS140210 – 6:44:51 Chairman Holloway’s Business:
None.

RS140210 – 7:10:56 Reminder that the Annual Railroad Days in Callahan will be held March 28 and 29, 2014.

RS140210 – 7:11:05 Mr. Hallman commented on the subpoenas that the Commissioners would be receiving for a trial next week. (Case number not provided.)

RS140210 – 7:12:38 Chairman Holloway thanked County Manager’s office for all the preparation that they are doing to get through the agenda process.

There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 7:13 p.m.

_____________________________
Barry V. Holloway, Chairman

Attest:

____________________________
John A. Crawford, Ex-Officio Clerk

ATTACHMENT “A”

Finance Package 2013-07:

Budget Transfer(s):

1. In the County Transportation Fund in the amount of $900,000.00 for cash forward adjustments. (revenue)

2. In the County Transportation Fund in the amount of $900,000.00 for cash forward adjustments. (expenditure)

Resolution(s):

1. Resolution 2014-010, regarding budget amendment in the General Fund in the amount of $450.00 for donations received by the Nassau County Library System.

Inventory Deletion/Changes:

Facilities maintenance Department, 5027, 2006 Dell
Computer, Serial No. G1300B1.
Engineering Services, 1578, Xerox 3030 Engineering Copier,
Serial No. 1HE026438.
Engineering Services, 1582, Dell Desktop Computer, Serial
No. 5K3HN21.
Engineering Services, 5498, Dell Desktop Computer, Serial
No. HDL87D1.
Engineering Services, 5097, Dell Desktop Computer, Serial
No. 35T67B1.
Engineering Services, 3177, Dell Desktop Computer, Serial
No. 7C3M561.
Engineering Services, 5099, Dell Desktop Computer, Serial
No. 5TL4BB1.
Engineering Services, 3176, Dell Desktop Computer, Serial
No. FS1ST41.

ATTACHMENT “A”

Other Item(s):

Approve signing authority for Stacy Dale, State Attorney’s Office, in the General Fund up to $5,000.00.