Nassau County Board of County Commissioners Regular Session, May 12, 2014, 6:00 p.m.

Nassau County Board of County Commissioners
Regular Session, May 12, 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; and representing the Clerk’s office Connie Arthur and Brenda Linville, Deputy Clerks.

Official Agenda Summary:

Audience Input:
RS140512 – 6:10:37 Buddy Jacobs, Attorney, came forward to thank the Board for passing a Resolution supporting SAISSA. He also requested that the Chairman sign a letter to the Governor supporting House Bill 5001, Fiscal Year 2014/2015 General Appropriations Act as it relates to SAISSA.

RS140512 – 6:12:35 Peter Colket came forward to address sidewalks adjacent to Ocean Reach Lane and a brief discussion followed.

Request: Public Works Director to bring back on May 21, 2014 as an agenda item the estimated cost for a sidewalk extension in Ocean Reach Subdivision from Will Hardee Road to East Wind Road.

RESOLUTION(S):
RS140512 – 6:05:35 (Tab A) Approve a Resolution of the Board of County Commissioners of Nassau County, Florida, proclaiming the week of May 12-16, 2014 as Small Business Week in Nassau County.

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 2014-78 regarding same.
Maker: Commissioner Leeper
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Clerk Staff, Chamber of Commerce

Noted: Chairman Holloway resumed the duties of the Chair.

CONSTITUTIONAL ITEM(S):
RS140512 – 6:14:55 (Tab B) Approve use of $2,500.00 from the Crime Prevention Trust Fund to be donated to the Parent Help Center to provide services to parents of “at risk” youth. Funding source: 01031521-549036 CRMPV.

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

CONSENT ITEM(S):
RS140512 – 6:15:24 (Tab C) Approve Finance Package 2014-16 and associated Resolutions.

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

RS140512 – 6:15:24 (Tab D) Approve Board minutes from the regular sessions held on March 10, 19, and 24, 2014, and the special session held on April 2, 2014.

Motion: Approve Tab D as presented.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Clerk Staff

REGISTER:
The Chairman signed the register for the following warrants: Warrant Nos. 208073 thru 208121 dated 4-29-14 for a register total of $25,930.96; Warrant Nos. 208122 thru 208256 dated 5-2-14 for a register total of $444,027.84; Warrant Nos. 208257 thru 208338 dated 5-06-14 for a register total of $1,637,338.21; Wire Transfer No. 1409739 dated 4-17-14 for a register total of $391.14; Wire Transfer No. 1409740 dated 4-18-14 for a register total of $5,269.80; Wire Transfer No. 1409741 dated 4-24-14 for a register total of $2,003.29; and Warrant Nos. 208339 thru 208460 dated 5-9-14 for a register total of $1,072,724.01.

OLD BUSINESS:
RS140512 – 6:15:47 (Tab E) Continue discussion regarding a fence in County Right-of-Way at 1314 Ridge Court.

Discussion: The County Manager responded to questions raised by Michele Kling regarding the cost and whether it was a necessity. Buddy Jacobs came forward and distributed for the Board’s review the following documents: survey of Oak Ridge Subdivision Unit III, signatures supporting the Perkins’ fence, and photographs of other Right-of-Way infractions. Discussion followed. Mr. Herring responded to an inquiry regarding whether the County has ever denied a waiver. He also stated that the applicant would need to procure a Right of Way permit if the variance is granted. It was noted that if the County needs to access the right-of-way, it would be at the cost of the homeowner to remove the fence.

Motion: Approve to grant a variance for the fence in
County Right-of-Way at 1314 Ridge Court, Fernandina Beach.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Edwards, Holloway, and
Boatright
Recuse: Commissioner Kelley (See Attachment “B”)
Follow Up: Public Works

NEW BUSINESS:
RS140512 -_6:26:39 (Tab F) Consider acceptance of roadways and associated infrastructure of Timber Creek Plantation, Phase I, for County maintenance. Funding source: 03404541-546000.

Discussion: Mr. Herring responded to inquiries from Ms. Kling that the roads were platted and dedicated to the County before the Board changed the rule that the County no longer accepts subdivision roads for maintenance. Mr. Hallman clarified that under the old rule the approval of this subdivision was conditioned upon the County’s obligation to accept the roads and if they do not accept the roads, they would be in breach of the contract.

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

RS140512 – 6:30:39 (Tab G) Approve a Resolution authorizing the Chairman to sign the Temporary Easement with the Florida Department of Transportation for the Lofton Creek Boat Ramp in order for the SR200 construction to tie into existing facilities.

Discussion: Mr. Herring responded to an inquiry from Ms. Kling that there are no cost incur to the County.

Motion: Approve Tab G as stated above and authorize the
Chairman to sign Resolution 2014-80 regarding
same.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Public Works, Clerk Staff

RS140512 – 6:32:05 (Tab H) Approve and authorize the Chairman to sign the invoice for Traffic Signal Compensation for State Highways in Nassau County.

Discussion: Mr. Herring explained to Ms. Kling that the County obtains a permit to install traffic signals and the Florida Department of Transportation requires the County to maintain the signals. He noted that it is a standard practice throughout the state. He noted that the County will receive approximately $28,649.00 to help defer the cost of maintaining the signal.

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

RS140512 – 6:33:59 (Tab I) Cancel and/or reschedule the Wednesday, June 18, 2014 meeting due to the Annual Florida Association of Counties Conference being held June 17-20, 2014.

Motion: Reschedule the June 18, 2014 9:00 a.m. regular
meeting to June 4, 2014 at 9:00 a.m.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Board, County Manager, County Attorney, Clerk
Staff

RS140512 – 6:56:41 The Board recessed and reconvened at 7:07 p.m. to consider the public hearings.

NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS140512 – 7:07:22 (Tab J) Approve 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 (2290 South 8th Street, Fernandina Beach).

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

Discussion: Mr. Herring reviewed the request.

Public Input: Lori Chism came forward to speak against and Lane Mashbum came forward to speak in favor of this item.

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

Discussion: The group discussed not closing those certain rights of way and putting the property out for bid and let the highest bidder decide whether to leave the road open or close it.

Motion: Deny closing, vacating, and abandoning of those
certain rights of way or the renouncing and disclaiming of any right and interest of said Nassau County, Florida, and the public in said rights of way or alleys. (2290 South 8th Street, Fernandina Beach)
Maker: Commissioner Edward
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Public Works

NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS140512 – 7:18:57 (Tab K) Consideration of an Ordinance providing for the levy of an additional Five (5) Cents of the Local Option Gas Tax upon every gallon of motor fuel sold in Nassau County and taxed under the provisions of Part I of Chapter 206, Florida Statutes; providing for the amount of said tax; providing for the period of time for which the tax shall be imposed; providing for the distribution and utilization of said tax; 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: Ms. Jones reviewed the request.

Public Input: Michele Kling came forward stating that she would be in support of this item if the Board would not increase the property taxes or financing the Sheriff’s Administration building. Andrew Curtain and Tim Hampton came forward to speak against this item. Jackie Osborne came forward to question why the tax would not apply to diesel gas. Discussion followed.

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

Discussion: The group discussed whether the gas tax includes airplane or marine fuel. Ms. Jones explained the use of the gas as it relates to the bond issues.

Motion: Approve Ordinance providing for the levy of an
additional Five (5) Cents of the Local Option Gas Tax upon every gallon of motor fuel sold in Nassau County and taxed under the provisions of Part I of Chapter 206, Florida Statutes; providing for the amount of said tax; providing for the period of time for which the tax shall be imposed; providing for the distribution and utilization of said tax; providing an effective date.
Maker: Commissioner Boatright
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Edwards, and
Boatright
Nay: Commissioners Kelley and Holloway
Follow Up: County Manager, OMB

Noted: Motion failed due to lack of a super-majority vote pursuant to Florida Statute 336.025(3)(b).

EXPANSION ITEMS:
RS140512 – 6:09:12 (1) Consider the following: {1} approve the request from the American Beach Property Owners’ Association to utilize Burney Park on May 31, 2014 and one in August 2014 [date to be determined], for the Annual American Beach Jazz Festival, and {2} authorize the use of an electrical outlet for the band equipment; (2) Approval of budget transfers for the purpose of transferring money into the appropriate accounts in order to pay outside legal counsel bills in the amount of $84,422.00 in the case of SEDA vs. Nassau County. (10-CA-294); and (3) Consideration of the following request to: {1} amend the agreement with Chief Judge Donald R. Moran, Jr. [Contract No. CM2085-A1]; {2} amend independent contractor agreement with Marsha B. Watson related to funding for a temporary part-time judicial assistant position; and {3} authorize the Chairman to sign associated budget transfers regarding same; (4) Authorize the Chairman to sign letter to Governor Scott in support of a legislature appropriation for SAISSA.

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

RS140512 -_6:36:09_ Expansion Item #1: Consider the following: {1} approve the request from the American Beach Property Owners’ Association to utilize Burney Park on May 31, 2014 and one day in August 2014 [date to be determined] for the Annual American Beach Jazz Festival, and; {2} authorize the use of an electrical outlet for the band equipment.

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

RS140512 -_6:37:02 Expansion Item #2: Approval of budget transfers for the purpose of transferring money into the appropriate accounts in order to pay outside legal counsel bills in the amount of $84,422.00 in the case of SEDA vs. Nassau County. (10-CA-294)

Discussion: Mr. Hallman explained the reimbursement process.

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, County Attorney

RS140512 -_6:38:56 Expansion Item #3: Consideration of the following request to: {1} amend the agreement with Chief Judge Donald R. Moran, Jr. [Contract No. CM2085-A1]; {2} amend independent contractor agreement with Marsha B. Watson related to funding for a temporary part-time judicial assistant position; and {3} authorize the Chairman to sign associated budget transfers regarding same.

Discussion: Mr. Hallman reviewed the request. The group briefly addressed the funding.

Motion: Approve expansion item 3 as stated above.
Maker: Commissioner Boatright
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: Finance, OMB, County Attorney, Contract
Management

RS140512 – 6:11:42 Expansion Item #4: Authorize the Chairman to sign letter to Governor Scott in support of a legislature appropriation for SAISSA.

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

DISCUSSION ITEMS:
RS140512 – 6:41:15 Commissioner Kelley’s Business:

• Briefly addressed outside counsel.

RS140512 – 6:42:56 Commissioner Leeper’s Business:

• Reminder regarding the Law Enforcement Memorial Service to be held on May 14, 2014 at 10:00 a.m.

• The group discussed Section 6.18 of the Financial Policies (Resolution 2013-105).

Discussion: Ms. Kling came forward the address the ongoing dispute between the Board and the Clerk. Doug Newberry came forward to express his concern with removing individuals from the approval process outlined in Section 6.18, Financial Policies.

Motion: Approve amendment to Resolution 2013-105,
Financial Policy 6.18 under Debt Issuance Restrictions removing the County Attorney and Chief Financial Officer.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Second was withdrawn.

Restated Motion: Approve amendment to Resolution 2013-
105, Financial Policy 6.18 under Debt
Issuance Restrictions, to state “no debt shall be issued without the approval of the Board of County Commissioners” thus removing other individuals from approval authority.
Maker: Commissioner Leeper
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Holloway, and Boatright
Follow Up: County Manager, County Attorney, OMB, Clerk

RS140512 – 6:54:57 Commissioner Boatright’s Business:

• Requested to hang a plaque at the courthouse regarding fees paid by the Clerk to the law firm of Greenberg Traurig.

RS140512 – 6:56:34 Commissioner Edwards’ Business:
None.

RS140512 – 6:56:39 Chairman Holloway’s Business:
None.

There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 7:44 p.m.

_____________________________
Barry V. Holloway, Chairman

Attest:

____________________________
John A. Crawford, Ex-Officio Clerk

ATTACHMENT “A”

Finance Package 2014-16:

Budget Transfer(s):

1. In the Building Department in the amount of $19,348.00 for the Records Specialist position.

Resolution(s):

2. Resolution 2014-79, regarding budget amendment in the General Fund in the amount of ($41,337.00) for the 1st quarter (July-September 2014) of Fiscal Year 14/15 State and Federal Emergency management Grants.

Inventory Deletions/Changes:

Public Defender, 3150 2005 Dell Inspiron Laptop, Serial No.
8KLFJ81.
Public Defender, 3154, 2005 Dell OptiPlex GX620, Serial No.
1HR6J81.
Public Defender, 3155, 2005 Dell OptiPlex GX620, Serial No.
GGR6J81.
Public Defender, 3156, 2005 Dell OptiPlex GX620, Serial No.
JGR6781.
Public Defender, 3158, 2005 Dell OptiPlex GX620, Serial No.
9HR6J81.
Public Defender, 3159, 2005 Dell OptiPlex GX620, Serial No.
6HR6J81.
Public Defender, 3162, 2005 Dell OptiPlex GX620, Serial No.
4HRJ81.
Public Defender, 5237, 2005 Dell OptiPlex GX620, Serial No.
93QB4C1.

ATTACHMENT “B”

ATTACHMENT “B”