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

Nassau County Board of County Commissioners
Regular Session, March 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; Peter King, Growth Management Director; and representing the Clerk’s office Brenda Linville and Connie Arthur, Deputy Clerks.

Official Agenda Summary:

RS140310 – 6:03:25 Chairman Holloway announced that new legislation has been passed that the Chairman of the Board of the County Commission must ask for audience input before taking up any item for discussion or vote.

PRESENTATION(S):
RS140310 – 6:04:58 (Tab A) Bill Moore, Planning & Development Consultant for William R. Moore Consulting, LLC, re: possible State Cost-Share funding for Beach Renourishment in Fiscal Year 2014/2015.

Discussion: Mr. Moore came forward to thank the Board for their support for SAISSA. He commented on possible State Cost-Savings Funds and associated conditions.

Audience Input:
RS140310 – 6:12:56 Steve Finch came forward to discuss a zoning issue that prohibits him from raising chickens on his property.

Request: Mr. Finch to meet with the County Manager regarding this matter.

CONSTITUTIONAL ITEM(S):
RS140310 – 6:14:11 (Tab B) Sheriff’s Business: Authorize use of $5,000.00 from the Crime Prevention Trust Fund to be donated to the Nassau Alcohol Crime Drug Abatement Coalition (NACDAC) to assist with their public awareness campaign “Parents Who Host, Lose the Most ­ Don’t Be a Party to Teenage Drinking.” Funding source: 01031521-549036 CRMPV.

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

RS140310 – 6:14:54 (Tab C) Sheriff’s Business: Authorize use of $15,000.00 from the Crime Prevention Trust Fund to be donated to the Family Nurturing Center for continued support of their visitation and exchange services for families impacted by divorce, custody battles, and domestic violence. Funding source: 01031521-549036 CRMPV.

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

CONSENT ITEM(S):
RS140310 – 6:15:28 (Tab D) Approve and authorize the Chairman to sign the Fiscal Year 2013/2014 Small County Consolidated Grant Agreement #425C for award of grant funds in the amount of $90,909.00.

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

RS140310 – 6:15:28 (Tab E) Approve Finance Package 2014-10 and Associated Resolutions.

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

RS130310 – 6:16:12
Motion: Adjourn as the Board of County Commissioners and
convene as the SAISS MSBU Governing Board.
Maker: Commissioner Boatright
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.

RS140310 -_6:16:34 (Tab F) Consider the following: (1) approve and authorize the Chairman to sign a budget transfer in the amount of $26,800.00; and (2) authorize the Chairman to sign Task Order CM1852-TO07 for Physical Monitoring of the South Amelia Island Shore Stabilization Project for Fiscal Year 13/14. Funding source: 64391539­563823 S2011.

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

RS140310 – 6:17:13 (Tab G) Consider the following: (1) authorize the Chairman to sign a budget transfer in the amount of $30,000.00; and (2) approve and authorize the Chairman to sign Task Order CM1852-TO08 for Miscellaneous Coastal Engineering Services. Funding source: 43600539-531386.

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

RS140310 – 6:17:46 (Tab H) Consider the following: (1) authorize the Chairman to sign a budget transfer in the amount of $20,000.00; and (2) approve and authorize the Chairman to sign Task Order CM1852-TO09 for Borrow Site Development. Funding source: 43600539-531387.

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

RS140310 – 6:18:19
Motion: Adjourn as the SAISS MSBU Governing Board and
reconvene as the Board of County Commissioners.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.

REGISTER:
The Chairman signed the register for the following warrants: Warrant Nos. 206479 thru 206570 dated 2-25-14 for a register total of $110,689.67; Wire Transfer No. 1406498 dated 2-20-14 for a register total of $249.93; Wire Transfer No. 1406499 dated 2-24-14 for a register total of $217.13; Wire Transfer No. 1406500 dated 2-26-14 for a register total of $589.00; Warrant Nos. 206571 thru 206679 dated 2-28-14 for a register total of $705,788.34; Warrant Nos. 206680 thru 206744 dated 3-4-14 for a register total of $1,736,913.00; Wire Transfer No. 1406651 dated 3-5-14 for a register total of $44,930.51; Wire Transfer No. 1406799 dated 3-5-14 for a register total of $945,000.00;
Wire Transfer No. 1406800 dated 3-5-14 for a register total of $53,920.00; Warrant Nos. 206745 thru 206859 dated 3-6-14 for a register total of $584,131.65; and Warrant No. 206860 dated 3-6-14 for a register total of $24,750.00.

OLD BUSINESS:
RS140310 – 6:18:34 (Tab I) Continue consideration of request from the West Nassau Historical Society for placement of a Historical Marker at Kings Ferry.

Discussion: Emily Baumgartner, West Nassau Historical Society, came forward to thank the Board for considering this item.

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

RS140224 – 6:19:48 (Tab J) Continue discussion regarding a fence in County Right-of-Way at 1314 Ridge Court.

Motion: Continue to March 24, 2014 consideration of Tab
J.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Attorney, Public Works, County Manager

NEW BUSINESS:
RS140310 – 6:20:30 (Tab K) Receive Board direction regarding request from McCranie & Associates, Inc. on behalf of Dayspring Health South, Phase I, for waiver of requirements outlined in Ordinance No. 99-17, Article 11.7.1, Sidewalks. (US 1 in Hilliard)

Discussion: Mr. Herring reviewed the request. Dan McCranie, McCranie and Associates, came forward to also review the request. Staff was requested to research caveat for future development in that area.

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

RS140310 – 6:24:11 (Tab L) Award Bid No. NC13-049 to Johnson Controls. Inc. for the Judicial Annex Camera System Upgrade Project in the amount of $147,885. Funding source (s): 01074712-552640 GIA08; 01074712-564000 GIA08; and 01074712­564001 GIA08.

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, Facilities Maintenance

RS140310 – 6:25:05 (Tab M) Consider a Resolution of the Board of County Commissioners of Nassau County, Florida, relating to prohibiting thru trucks on Bear Run Road from Bismark Road South and Spring Lake Drive from Bear Run Road to Lem Turner Road; providing for findings by the Board of County Commissioners; providing for placement of “No Thru Trucks” signs; providing for penalities; and providing for an effective date.

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

Motion: Approve Tab M as stated above and authorize the
Chairman to sign Resolution 2014-23 regarding same.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Public Works

RS140310 – 6:27:23 (Tab N) Approve and authorize the Chairman to sign two Conservation Easements for the Oaks at Bristol Development located off Chester Road in Yulee.

Discussion: Mr. Herring reviewed the request.

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

RS140310 – 6:29:31 (Tab O) Discuss/receive Board direction regarding request from Florida Department of Transportation (FDOT) for an easement for installation of a 48″ drainage pipe on Mentoria Road for the SR200/A1A Improvements.

Discussion: James Bennett, FDOT, came forward to review the request and Mr. Herring explained the County’s requirement regarding this matter. Discussion followed regarding the amount of funds this project would bring to the County, the depth of the flow line, future stormwater facilities; future issue with widening the road and providing the necessary drainage.

Motion: Approve O as stated above without the drainage
relocation language in the easement.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Public Works, Clerk Staff

Discussion: Mr. Bennett responded to an inquiry explaining the reason FDOT is not placing a right turn lane on the north bound section off US 301 onto Ford Road. Discussion followed. Mr. Bennett to research the status of the signalization permit for Commerce Boulevard.

RS140310 – 6:46:45 (Tab P) Consider appointment of Ed Boner as the Municipal Representative on the Northeast Florida Regional Council’s Board of Directors.

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

RS140310 – 6:47:17 (Tab_Q) Discuss/receive Board direction regarding the contract with the Town of Callahan for Emergency Medical Services and Housing of the EMS Vehicle and ALS Engine.

Discussion: Mr. Selby reviewed the request from the Town of Callahan for an increase in rent and utility cost beginning March 1, 2014 and discussion followed regarding options for moving the Emergency Medical Services and Housing of the EMS Vehicle and ALS Engine and concerns with the Town of Callahan not funding the County Fire Services.

Commissioner Leeper commented on the Towns of Callahan and Hilliard’s State compliance status. He also advised that the Mayor of the Town of Callahan had made an inquiry regarding the reserve program. Chairman Holloway advised that he would be discussing the Firefighter’s Scholarship Program at Florida Association of Counties Trust (FACT) meeting in Tallahassee, Florida on March 13 and 14, 2014. Discussion followed.

Motion: Approve (1) contract with the Town of Callahan
for Emergency Medical Services and Housing of the EMS Vehicle and ALS Engine effective October 1, 2013. (2) County to pay the Town of Callahan their arrearage up to February 28, 2014 at the current rate and include rent and utilities rate increase effective March 1, 2014; and (3) County Manager to bring back on March 24, 2014 cost to move the EMS Vehicle and ALS Engine.
Maker: Commissioner Boatright
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Finance, OMB, Contract Management, Town of
Callahan, Fire Rescue

NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS140310 – 7:03:26 (Tab R) Consideration of a Resolution closing, vacating, and abandoning of those certain rights-of-way or the renouncing and disclaiming of any right or interest of said Nassau County, Florida, and the public in said rights-of-way or alleys. (South 14th Street)

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

Discussion: Mr. Herring reviewed the request. It was noted
by Michael S. Mullin, attorney with Rogers Towers and representative for the owners, that the applicant would rely on staff comments.

Public Input: Robert Wilhelm came forward to question how the alley way is going to be used. Mr. Hallman clarified that the matter tonight is whether the abandonment of those rights-of-way will adversely affect anyone’s access to their property.

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 R as stated above and authorize the
Chairman to sign Resolution 2014-025 regarding same.
Maker: Commissioner Leeper
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Public Works, Clerk Staff

QUASI-JUDICIAL PUBLIC HEARING(S):
RS140310 – 7:09:08 (Tab S) For recording purposes only, re-plat of Cypress Palm Gardens, filed by Cypress Trails, LLC, owner and Dan McCranie, McCranie & Associates, agent for owner, to construct a forty-nine (49) lot subdivision on approximately 35.84 acres. Property is zoned as Planned Unit Development (PUD) and is designated as Low Density Residential on the Future Land Use Map (FLUM). Property is located on the north side of Hendricks Road, west of Hatton Road, in the Nassauville area.

Commissioners Ex-parte Communications:
RS140310 – 7:09:38
None.

RS140310 – 7:09:48 Documents submitted into the record: Agenda request, Plat review application and general information and Preliminary Re-Plat of Cypress Palm Gardens

Motion: Accept documents into the record as presented
above.
Maker: Commissioner Boatright
Second: Commissioner Leeper
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:
RS140310 – 7:11:00 Mr. McCranie waived his presentation and rely on staff recommendation.

No audience input.

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

Motion: Approve, based upon competent, substantial
evidence in the record, Tab S as stated above and authorize the Chairman to sign the Cypress Palm Gardens plat.
Maker: Commissioner Edwards
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Growth Management, Clerk Staff

INFORMATIONAL ONLY:
RS140310 – 7:12:00 (Tab_T) Informational Only: Authorized travel.

COUNTY MANAGER BUSINESS:
RS140310 – 7:32:47 Mr. Selby informed the Board: (1) Advertise for public hearing on March 24, 2014 to consider the cash forward adjustments. (2) Ron Whitesides, Purvis Gray, will attend the Board meeting on March 19, 2014 to present the Board with the Financial Report of the audit. (3) Issues with property on State Road 200/A1A as it relates to the name on the title and description of the parcel (Property not identified). (4)Invited everyone for cake and coffee at Animal Control congratulating staff for their selection as the Operation of the Year Site.

EXPANSION ITEMS:
RS140310 – 6:04:13 Request Board direction regarding the settlement between St. Johns County and JEA.

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

RS140310 -_7:12:10 Expansion Item #1: Request Board direction regarding the settlement between St. Johns County and JEA.

Discussion: Mr. Hallman reviewed the request and discussed the monopoly on regulated utilities, and modifying the JEA franchise agreement. Discussion followed.

Motion: Authorized sending a letter to JEA indicating the
Board’s desires to have the County’s representative meet with JEA officials to discuss an additional payment for the ten year reconciliation; and any other matters relevant to that transaction. Authorized the County Attorney to prepare a Resolution to be sent to the Mayor of Jacksonville and JEA Board expressing the County’s opposition to any rate increase because financial problems in Jacksonville should not be a burden of Nassau County rate payers and taxpayers. County Attorney will also confer with JEA and county attorneys in other counties to see if they would be interested in adopting similar resolutions.
Maker: Commissioner Boatright
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Attorney

DISCUSSION ITEMS:
RS140310 – 7:18:26 Commissioner Kelley’s Business:
None.

RS140310 – 7:18:29 Commissioner Leeper’s Business:

• Sent out condolences to the families of Emmitt Coakley and Ray Mullis.

Motion: Approve to appoint Bob Hartman to the Amelia
Island Tourist Development Council replacing Tim Digby. (Term expires December 2016)
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Manager, TDC

Request: County Attorney and County Manager to bring back
on either March 19, 2014 or March 24, 2014 a Resolution or letter supporting the new ferry service to the Cumberland Island National Seashore from Fernandina Beach, Florida.

Request: County Attorney and County Manager to bring back a letter or Resolution requesting NOAA to perform a depth study along a portion of St. Mary’s River up to US 17 bridge which could help identify potential economic benefit along the river.

Request: County Manager and OMB to bring back a possible funding source to purchase two tables at the Nassau County Volunteer luncheon.

RS140310 – 7:22:23 Commissioner Boatright’s Business:

• Informed the Board that Emmitt Coakley visitation is March 14, 2014 from 5:00 p.m. – 7:00 p.m. at the West Nassau High School and the funeral service is March 15, 2014 at 2:00 p.m. at the Callahan First Baptist Church.

Request: Public Works Director to contact CSX regarding the closing of Railroad Crossing on Crawford Road for repairs from March 24, 2014 thru March 28, 2014.

RS140310 – 7:24:54 Commissioner Edwards’ Business:

• Provided an update regarding the Yulee Little League Opening Day on March 8, 2014.

RS140310 – 7:25:10 Chairman Holloway’s Business:

• Distributed Resolutions that were passed at the Agricultural Rural Affairs Committee meeting for the Board’s review. He also included information regarding the Commerce News.

Request: County Manager and OMB to research and bring back to the Board the possibility of using credit cards to pay County bills to help with cash flow and get cash back.

• Suggested sending the Mobility Fee Ordinance back to the Impact Fee and Concurrency Task Force for their review. Commissioner Leeper recalled that the Task Force had approved to send the Ordinance directly to the Board of County Commissioners, but send out copy to the Task Force members for a courtesy review. Chairman Holloways felt this Ordinance should be sent to the Planning and Zoning Board as the County’s local planning agency for review. Mr. Selby noted that this item is scheduled for the March 24, 2014 meeting requesting Board direction. No action taken.

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 2014-10:

Budget Transfer(s):

1. In the General Fund in the amount of $8,435.00 to adjust cash forward calculations.

2. In the General Fund in the amount of $5,835.00 to adjust cash forward calculations.

3. In the Capital Projects Fund in the amount of $64.00 to adjust cash forward calculations.

Resolution(s):

1. Resolution 2014-20, regarding budget amendment in the General Fund in the amount of $50.00 for donations received by the Nassau County Library System.

2. Resolution 2014-21, regarding budget amendment in the Sheriff Donation Fund in the amount of $5,000.00 for donations received to aid with tobacco compliance.

3. Resolution 2014-22, regarding budget amendment in the 911 Operations and Maintenance Fund in the amount of $402,080.00 which has received a grant award to improve the E911 system serving Nassau County.

Inventory Deletions/Changes:

Facilities Maintenance Department, 2043, 2002 Dodge Ram
1500, Vin No. 1D7HZ16N32J249369.
Road and Bridge Department, 1429, 1997 Miller Dialarc 250
Welder, Serial No. KH347374.
Administrative Services/OMB, 06932, 2001 Ford passenger Bus
with Hydrualic Wheel Chair Lift, Vin No.
1FDWE32l21HB06044.