Nassau County Board of County Commissioners Regular Session, January 21, 2015, 9:00 a.m. Executive Closed Session, January 21, 2015, 9:00 a.m.

Nassau County Board of County Commissioners
Regular Session, January 21, 2015, 9:00 a.m.
Executive Closed Session, January 21, 2015, 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 Pat Edwards, Commissioners Daniel B. Leeper, Steve W. Kelley, George Spicer, and Walter J. Boatright.

Other Official Present: Mollie M. Garrett, Local Attorney; and Ted Selby, County Manager.

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

Official Agenda Summary:

Audience Input:
RS150121 – 9:00:33 Brandy Rhoden and Lori Wilkinson came forward to discuss failing roadway issues on Daybreak Drive (Morning Dove Estates) and discussion followed. Kendell Wilkinson chose not to come forward to speak at this time.

Request: Attorney Mollie Garrett, County Manager, and Public Works Director to meet with citizens regarding said issues.

REGISTER:
The Chairman signed the register for the following warrants: Warrant Nos. 214568 thru 214633 dated 1-13-15 for a register total of $305,742.51, and Warrant Nos. 214634 thru 214728 dated 1-16-15 for a register total of $807,408.36.

NEW BUSINESS:
RS150121 – 9:15:44 (Tab A) Approve and authorize the Chairman to sign the Relocation of Drainage Easement for the portion of right-of-way on Hirth Road previously abandoned by public hearing on October 14, 2013.

Discussion: Mr. Herring reviewed the request.

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

RS150121 – 9:16:41 (Tab B) Discuss/approve Road Ranking List to be submitted to the Florida Department of Transportation (FDOT) for potential paving; and approve staff comments as requested by FDOT for two (2) resurfacing projects scheduled in Fiscal Year 2018.

Discussion: Mr. Selby recommended that only five roads be submitted instead of the entire list. He also recommended moving Sunberg Road No. 10 to No. 5 on the list and Conner Road moved to No. 6 on the list. Commissioner Kelley clarified that this is not guaranteeing that FDOT is going to pave these roads. Commissioner Spicer discussed widening Old Dixie Highway between Bypass Road and Dyal Road, and it was suggested to bring this item back during the Capital Improvement Plan discussions at a future meeting.

Motion: Approve road ranking list: Dyal Road; Pratt
Siding Road; Bismark Road; Conner Cutoff Road; and Sunberg Road to be submitted to the Florida Department of Transportation (FDOT) for potential paving and approve staff comments as requested by FDOT for two (2) resurfacing projects scheduled in Fiscal Year 2018. (A1A/SR200 from Amelia River Bridge to Centre Street and SR15/US1 from Alligator Creek to End of Curb and Gutter section.)
Maker: Commissioner Boatright
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Public Works Director

RS150121 -_9:23:03 (Tab C) Consider the following: (1) award Bid No. NC14-020 to J.D. Hinson Company in the amount of $188,010.94 for guardrail replacements at several locations in the County; (2) authorize the Chairman to sign the Notice of Award and Contract No. CM2204; and (3) authorize staff to issue the Notice to Proceed contingent upon receipt of the required Performance Bond, Payment Bond, and Certificate of Insurance. Funding source: 63470541-563440 GRAIL.

Discussion: Mr. Selby clarified that this item was originally scheduled for the January 12, 2015 agenda, but had to be rescheduled; the agenda date would be changed to reflect January 21, 2015.

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

RS150121 – 9:24:22 (Tab D) Approve and authorize the Chairman to sign Amendment Number 1 to the Agreement with Roadscape North Florida, Inc. for Roadway Striping and Pavement Marking, Contract No. CM1948-A1. Funding source(s): 63461541-546550 L&O and 034045741-534008.

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

RS150121 – 9:25:22 (Tab E) Approve a Resolution relating to a parking restriction on both sides of Amelia Island Parkway from Buccaneer Trail to 1,000 feet south of Scott Road; providing for findings by the Board of County Commissioners; providing for placement of “No Parking” Signs; providing for penalties; and providing for an effective date (for the period of March 8 – March 18, 2015).

Motion: Approve Tab E as stated above and authorize the
Chairman to sign Resolution 2015-01 regarding same.
Maker: Commissioner Leeper
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Public Works, Road and Bridge Department

RS150121 – 9:26:16 (Tab F) Consider request for golf carts to be driven on various roads in Pirates Woods and the Chester Road and Blackrock Road area on February 7, 2015, for the 2nd Annual Katelyn’s Ride for Autism/Golf Cart Poker Run.

Motion: Approve Tab F as stated above.
Maker: Commissioner Spicer
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Public Works, County Manager, Sheriff

INFORMATIONAL ITEM(S):
RS150121 – 9:53:22 (Tab G) Monthly status update on Building Department and Code Enforcement activities.

RS150121 – 9:53:22 (Tab H) Monthly status update on County Extension activities.

RS150121 – 9:53:22 (Tab I) Monthly status update on Facilities Maintenance activities.

RS150121 – 9:53:22 (Tab J) Monthly status update on Public Works activities.

RS150121 – 9:53:22 (Tab K) Monthly status update on all contract amendments, change orders, task orders, and work authorizations approved by the County Manager in December 2014, as required by the Section 6.2 of the Nassau County Purchasing Policy.

RS150121 – 9:53:22 (Tab L) Information only: Arts & Culture Nassau activity report for the period of December 3, 2013 through December 12, 2014.

EXPANSION ITEMS:
RS150121 – 9:13:53 (1) Approve and authorize the Chairman to sign Survey Access document provided by Palmetto Products Pipe Line, LLC, for access to County-owned property for land surveying purposes related to the proposed pipe-line project; (2) Finding of discussion with Michael S. Mullin regarding the County Attorney’s position; (3) Schedule a date for the ribbon cutting ceremony for the opening of the Commerce Boulevard Extension; (4) Approve and authorize the Chairman to sign the Interlocal Agreement for Immediate and Mutual Aid with the Hilliard Volunteer Fire Department; and (5) Direction whether Nassau County desires to join in to file an appeal on each of the three separate administrative challenges to end of year reconciliation for Fiscal Year 09-10, Fiscal Year 10-11, and Fiscal Year 11-12 by the Department of Juvenile Justice (DJJ). Should the Board wish to pursue the appeal, respectfully request that the Board also approve any cost sharing arrangements where parties who are represented jointly by Nabors, Giblin and Nickerson would equally share fees and costs of the appeal, as is currently the practice.

Motion: Expand the meeting to consider five (5) items as
stated above.
Maker: Commissioner Boatright
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Manager, County Attorney

RS141015 -_9:26:49 Expansion Item #1: Approve and authorize the Chairman to sign Survey Access document provided by Palmetto Products Pipe Line, LLC, for access to County-owned property for land surveying purposes related to the proposed pipe-line project.

Discussion: Mr. Selby reviewed the request.

Motion: Approve and authorize the Chairman to sign the
Survey Access document provided by Palmetto Products Pipe Line, LLC for access to County-owned property for land surveying purposes related to a proposed pipe-line project and include providing staff with one week advance notice before accessing County property.
Maker: Commissioner Spicer
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Public Works, County Attorney, County Manager

RS141015 -_9:28:24 Expansion Item #2 Finding of discussion with Michael S. Mullin regarding the County Attorney’s position.

Discussion: Mr. Selby reviewed Board direction to Mr. Mullin regarding the County Attorney’s position. He advised that Mr. Mullin stated that he would be interested in the position. Mr. Selby requested direction from the Board regarding drafting a contract to present to Mr. Mullin. He advised that he would be using a representative from Constangy to help prepare a contract and do negotiations with any individuals including Mr. Mullin that may be considered for the position. The other option would be to schedule a workshop in order for Mr. Mullin to respond to questions directly from the Board. Discussion followed regarding a workshop or a special meeting, and advertising for the position.

Motion: Authorize staff to move forward with
advertising for County Attorney position.
Maker: Commissioner Leeper
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Manager, Human Resources

Motion: Approve to move forward with preparing a
contract, make an offer, and negotiate with Mr. Mullin.
Maker: Commissioner Spicer
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Manager, Human Resources

RS141015 -__9:43:33 Expansion Item #3: Schedule a date for the ribbon cutting ceremony for the opening of the Commerce Boulevard Extension.

Discussion: Mr. Selby reviewed the request and there was consensus of the Board to schedule Ribbon Cutting Ceremony for January 26, 2015 at 5:00 p.m. for the opening of the Commerce Boulevard extension.

RS150121 – 9:45:11 Expansion Item #4: Approve and authorize the Chairman to sign the Interlocal Agreement for Immediate and Mutual Aid with the Hilliard Volunteer Fire Department.

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

RS141015 -_9:46:04 Expansion Item #5: Direction whether Nassau County desires to join in to file an appeal on each of the three separate administrative challenges to end-of-year reconciliation for Fiscal Year 09-10, Fiscal Year 10-11, and Fiscal Year 11-12 by the Department of Juvenile Justice (DJJ). Should the Board wish to pursue the appeal, respectfully request that the Board also approve any cost-sharing arrangements where parties who are represented jointly by Nabors, Giblin and Nickerson would equally share fees and costs of the appeal, as is currently the practice.

Discussion: Ms. Garrett reviewed the request and a brief discussion followed.

Motion: Approved expansion item 5 as stated above.
Maker: Commissioner Leeper
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Attorney, County Manager, OMB, Finance

DISCUSSION ITEMS:
RS150121 – 9:51:41 Commissioner Kelley’s Business:
None.

RS150121 – 9:51:44 Commissioner Spicer’s Business:
None.

RS150121 – 9:51:46 Commissioner Leeper’s Business:

Request: Staff to contact the Sheriff’s Department and request extra patrols due to recent vandalism (in the Wilson Neck area).

Request: Public Works Director to investigate if there is a policy regarding whether bike lanes are required on any new roads.

RS150121 – 9:53:11 Commissioner Boatright’s Business:
None.

RS150121 – 9:53:15 Commissioner Edwards’ Business:
None.

RS150121 – 9:54:32 The regular meeting adjourned.

9:00 A.M. EXECUTIVE CLOSED SESSION
EC150121 – 10:04:15 Ms. Garrett explained that the meeting would be an executive closed session pursuant to Florida Statutes, Section 286.011(8), to discuss settlement negotiations and/or litigation strategy related to expenditures therein in the case of: Elizabeth McDonald, plaintiff, vs. County of Nassau, State of Florida, defendant, Case N. 14-CA-445.The persons attending will be: Daniel B. Leeper, Steve W. Kelley, Pat Edwards, George V. Spicer and Walter J. Boatright, collectively known as the Board of County Commissioners; Mollie M. Garrett, local attorney; Meg Zabijaka, attorney; and Ted Selby, County Manager; and a court reporter.

Motion: To close the meeting.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright.

The Deputy Clerk turned off the recording device and departed the meeting. The meeting continued in closed session.

EC150121 – 10:24:27

Motion: To open the executive closed meeting.
Maker: Commissioner Boatright
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright.

There were no motions made as a result of the closed session.

There being no further business, the executive session of the Nassau County Board of County Commissioners adjourned at 10:25 a.m.

_____________________________
Pat Edwards, Chairman

Attest:

____________________________
John A. Crawford, Ex-Officio Clerk