Nassau County Board of County Commissioners Regular Session, May 18, 2016, 9:00 A.M.

Nassau County Board of County Commissioners
Regular Session, May 18, 2016, 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 Walter Boatright, Commissioners Daniel B. Leeper, Steve W. Kelley, Pat Edwards, and George Spicer.

Other Official Present: Michael S. Mullin, County Attorney.

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

Official Agenda Summary:

Audience Input:
RS160518 – 9:15:26 Karen Klima came forward to introduce herself as the new Director for Keep Nassau Beautiful. She thanked the Board for their continued partnership and distributed a brochure regarding marine debris. Ms. Klima also commented on previous and upcoming events.

All other participants expressed interest to speak when the item of interest is to be considered.

RESOLUTION(S):
RS160518 – 9:16:54 (Tab A) Approve a Resolution of the Board of County Commissioners proclaiming the week of May 15-21, 2016 as “Public Works Week” in Nassau County, Florida.

Motion: Approve Tab A as stated above and authorize the
Board to sign Resolution 2016-60 regarding same.
Maker: Commissioner Edwards
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Manager

RS160518 – 9:18:07 Approve the following: (Tab B) Resolution honoring Charlotte Young on her retirement after nearly forty-three outstanding years of service with the County; and (Tab C) Resolution honoring Janet Gill on her retirement after thirty-nine years of service with the Nassau County Property Appraiser’s Office.

Motion: Approve Resolutions (Tabs B and C) as stated
above and authorize the Board to sign Resolutions
2016-61 and 2016-62 regarding same.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Manger

PRESENTATIONS(S):
RS160518 – 9:28:36 (Tab D) Wanda Forrest, Transportation Planning Manager for the North Florida Transportation Organization, regarding the Transportation Improvement Program for Fiscal Year 2016/2017 through Fiscal Year 2020/2021.

Discussion: Ms. Forrest came forward to briefly highlight some of Nassau County’s Transportation Improvement Projects.

RS160518 – 9:35:23 (Tab E) Barney Bennette, Rural Transportation Development Administrator, and Bill Henderson, District Planning & Environmental Management Administrator re: the Florida Department of Transportation’s County Work Program Priorities.

Discussion: Mr. Henderson came forward to briefly address the Small County Road Assistance Program (SCRAP) and Small County Outreach Program (SCOP) as well as the Sun Trail funds. He also advised that Nassau County will receive $1.8 million from FDOT to do an overlay on Old Dixie Highway to keep it in service, but in 2020 the County will receive $8 million from FDOT to bring Old Dixie Highway up to standard. In addition, in 2020 Nassau County will receive $550,000.00 from FDOT to connect Dyal Road.

RS160518 – 9:41:07 (Tab F) Ron Whitesides of Purvis Gray & Company re: Annual Financial Statements for year ending September 30, 2015.

Discussion: Mr. Whitesides reviewed the Financial Statements and Independent Auditors Report for Nassau County for fiscal year ending September 30, 2015 focusing on the Management’s Discussion and Analysis portion in the report as well as the new account procedures. Discussion followed regarding pension and landfill closure costs.

RS160518 – 9:56:43 (Tab G) Scott Herring, Public Works Director re: monthly status update on Public Works activities.

Discussion: Mr. Herring provided a status report on active road projects and Impact Fee funded road projects. Discussion followed regarding the status of the South 14th Street project from Sadler Road to the airport; road issue on the canopy road near Ten Acres; schedule for Clyde Circle; and the possibility of adding Kings Ferry Road to the schedule for resurfacing.

CONSENT ITEM(S):
RS160518 – 10:04:48 Approve the following: (Tab H) Approve Finance Package 2016-14 and associated Resolutions; and Tab (I) Approve Board Minutes from the Special Sessions held on February 1 and March 22; the Regular Session and Workshop Sessions held on March 16; and the Regular Session held on March 28, 2016.

Motion: Approve consent items (Tabs H & I) as stated
above. [See Attachment “A” for Tab H]
Maker: Commissioner Edwards
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Finance, OMB, Clerk Staff

REGISTER:
The Chairman signed the register for the following warrants: Warrant Nos. 227036 thru 227107 dated 5-10-16 for a register total of $138,022.56; Warrant Nos. 227108 thru 227210 dated 5-13-16 for a register total of $595,305.23;
Wire Transfer Nos. 1610503 thru 1610504 dated 5-6-16 for a register total of $503.72; Wire Transfer Nos. 1610505 thru 1610506 dated 5-9-16 for a register total of $9,198.07; Warrant Nos. 227211 thru 227292 dated 5-17-16 for a register total of 567,615.38; and, Warrant Nos. 303001 thru 303082 dated 5-17-16 were voided.

OLD BUSINESS:
RS160518 -_10:05:07 (Tab J) Approve and authorize the Chairman to sign the Economic Development Grant Incentive Agreement for LignoTech Florida, LLC, Contract No CM2327.

Discussion: Mr. Mullin reviewed the request.

Audience input: Jonathan Harts came forward to speak in favor of LignoTech Florida, LLC, and the benefits it will bring to Nassau County.

Fawn Avant came forward to express her concern regarding accidents and liability in the event of a disaster and debris on the road. She questioned why LignoTech Florida, LLC, does not locate in Yulee or Hilliard where the timber is located rather than Amelia Island.

Mike Zaffaroni came forward to read a letter from the Amelia Island/ Fernandina Beach/Yulee Chamber of Commerce dated May 13, 2016 supporting this item.

Kyle Coker came forward to support this project as well.

Fernandina Beach City Commissioner Robin Lentz came forward to address the City of Fernandina Beach Commission’s unanimous vote in favor of LignoTech Florida, LLC. She also addressed the benefits that it would provide to the City of Fernandina Beach and the County.

Russell Schweiss representing Rayonier Advanced Materials came forward to address the misconception regarding this project.

Dan Camp, Rayonier, came forward to concur with many of the comments already stated.

Commissioner Kelley stated that he is not opposed to economic development, but wants to encourage the Board to make good sound business decisions. He expressed concern that other businesses on the island are not receiving the same benefits. He distributed a copy of the Government Finance Officers Association and read their recommendation regarding specific benefits and costs associated with economic development projects. Commissioner Kelley also addressed: recent video by Michael Hickox, Property Appraiser, concerns with the 75/25 percent incentive, and reviewing the grant to ensure that the taxpayers are covered in case the project fails.

Ms. Jones clarified that residents inside the city limits do not pay all the taxes that are paid by residents that live outside the city limits.

Commissioner Kelley responded to a question from Commissioner Edwards that once the analysis has been done the Board needs to review the agreement to ensure that there is protection for the taxpayer. Mr. Mullin responded to an inquiry that there is a clause in the agreement; Section 8.0 (C), Termination, with DaySpring and VyStar stating that as a result of “insufficient fund or any reason whatsoever, the applicant shall have the right to terminate the agreement and may retain any economic development grant payment previously received.” Commissioner Kelley stated that he would consider the incentive agreement if the Board is basing their decision on facts. Commissioner Spicer briefly` addressed Project Mom. The group discussed the cost of the analysis, scope of work, and which projects are to be included in the analysis.

Mr. Russell came forward to respond to an inquiry regarding the time frame for LignoTech Florida, LLC.

RS160518 – 11:14:03 Jeremy Jackson came forward to request clarification regarding the independent cost analysis for LignoTech Florida, LLC.

Motion: Approve to move forward with an independent
company to provide a cost analysis on this project before moving forward with the agreement with LignoTech Florida, LLC.
Maker: Commissioner Kelley
Second: Commissioner Spicer
Action: Following discussion the motion and second were withdrawn.

Motion: Continue to May 23, 2016 consideration of Tab J
as stated above. OMB Director to bring back estimated cost to perform a benefit and cost analysis.
Maker: Commissioner Kelley
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Attorney, OMB

NEW BUSINESS:
RS160518 – 11:01:02 (Tab K) Discussion of a dangerous/unsafe/housing abatement program.

Discussion: Michael Griffin, Building Official came forward to review the request and provided pictures of unsafe buildings around Nassau County. Brief discussion followed and there was consensus of the Board for the Building Official and County Attorney to bring back language for an amendment to the building code addressing dangerous/unsafe housing abatement for the Board’s review and schedule a public hearing.

RS160518 – 11:07:47 (Tab L) Consider request from Margaret Kirkland, Chair of the Amelia Tree Conservancy, for a Workshop for a presentation regarding the County’s maritime forest trees.

Motion: Schedule workshop meeting for June 15, 2016 at
9:00 a.m., or as soon thereafter as the matter may be heard for discussion regarding the County’s maritime forest trees.
Maker: Commissioner Leeper
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Manager, Board, County Attorney, Clerk
Staff

RS160518 – 11:09:14 (Tab M) Consider request to apply for two 2009 County held tax certificates (expiring) and to not apply for the 2014 County held tax certificates due to property less than $5,000 value and estimated $1,000 per application processing fee.

Motion: Approve Tab M as stated above.
Maker: Commissioner Leeper
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: OMB, Finance, Tax Collector, Property Appraiser

RS160518 -_11:14:59

Motion: Approve to recess the regular meeting for lunch
and ribbon cutting ceremony at the new 911 Call Center and reconvene at 2:00 p.m. to discuss Fiscal Year 16/17 Budget priorities.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: OMB, Board, County Attorney, Department Heads,
Clerk Staff

RS160518 – 2:01:19 (Tab N) Discussion of Fiscal Year 16/17 Budget priorities.

Discussion: Ms. Jones briefly touched on the audit that was presented by Purvis Gray earlier in the meeting. She advised that staff would be requesting the Board set a public hearing to consider cash forward adjustments, noting that all the departments have submitted their budgets. What is before the Board today are decision items for the Board’s review. Ms. Jones advised that the landfill will use all of its Reserves by the end of this year, so while setting up this year’s budget, it will be the first time it will no longer be an Enterprise Fund. The landfill will be in Fiscal Year 16/17 budget and will become part of the General Fund Project. She commented that the Constitutional Officers’ budgets are not due until June 1, 2016; she will not get estimates on the tax roll until June 1, 2016; and the State Revenues do not come out until the end of June, 2016 or the first of July 2016.

Nassau County Fire Chief Matt Graves came forward to address his personnel decision items. The group discussed the status of the new Fire Marshal and the captain’s positions.

Billy Stonebreaker, Interim Facilities Maintenance Director, came forward to address his personnel decision items. The group discussed the personnel needed for the new Sheriff’s Administration Building; and maintenance of the old Sheriff’s Administration facility and other county buildings.

Ms. Jones referred to the chart regarding the history of full time employees for each department from 08/09 through 15/16.

Scott Herring, Public Works Director, came forward to address his personnel decision items in GIS; Road and Bridge; and Nassau-Amelia Utilities (NAU). Ms. Jones noted that NAU is a Non-Taxing Fund.

Michael Griffin, Building Official, came forward to address his personnel decision item.

Ms. Jones requested the Board’s direction on the personnel decision items. She responded to an inquiry that tentatively adding these positions the County will need $8.5 million for this year’s budget; she is projecting the One Cent Funds to be $9.3 million. Discussion followed and there was consensus of the Board to move forward with the personnel decision items and bring back changes if necessary.

Ms. Jones reviewed Fiscal Year 16/17 Elective Expenditures. She provided a brief history regarding the volunteer fire departments. She commented that four additional not-for-profit organizations have requested funding. The group discussed the services provided by Florida Psychological and Associated Healthcare, and Starting Point; concerns with funding not-for-profit organizations that are also being funded by outside entities. There was consensus of the Board to bring back the grants and aid, but move forward with the funding for public health, Keep Nassau Beautiful, Economic Development, and Soil and Water Conservation.

Request: Ms. Jones to research whether any of the not-for-profit organizations are also being funded by an outside entity.

Ms. Jones reviewed the Pavement Management Program. Discussion followed and there was consensus of the Board to fund $1.5 million in the Pavement Management Program and bring back changes if necessary. Ms. Jones also reviewed funding for the Fleet Replacement Program.

Ms. Jones addressed the City of Fernandina Beach Commission’s request for the Board to set the millage rate for Beach Renourishment Municipal Service Taxing Unit.

Motion: Set Public Hearing for June 13, 2016 at 6:00
p.m., or as soon as the matter may be heard, for consideration of the cash forward adjustments.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: OMB

Motion: Set Special Meeting for June 27, 2016 at 3:00
p.m. to discuss Fiscal Year 16/17 Budget and
Capital Improvement Plan (CIP).
Maker: Commissioner Spicer
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: OMB, Board, County Manager

INFORMATIONAL ITEM(S):
RS160518 – 11:16:16 (Tab O) Monthly status update on Building Department and Code Enforcement activities.

RS160518 – 11:16:16 (Tab P) Monthly status update on County Extension activities.

RS160518 – 11:16:16 (Tab Q) Monthly status update on Facilities Maintenance activities.

RS160518 – 11:16:16 (Tab R) Monthly status update on all contract amendments, change orders, task orders, and work authorizations approved by the County Manager in April 2016, as required by Section 6.2 of the Nassau County Purchasing Policy.

EXPANSION ITEMS:
RS160518 – 9:02:07 Request that the Board cancel the special meeting scheduled for May 19, 2016 at 6:00 p.m. to consider the appeal of E16-001 filed by Living Waters World Outreach Center, appealing the approval to construct an electric transmission substation for FPL (applicant). The original application under appeal has been withdrawn by FPL.

Discussion: Mr. Mullin advised that FPL has withdrawn their application and is filing a new application for the site and will be reviewed by the Conditional Use and Variance Board possibly on June 30, 2016.

Motion: Expand the meeting to consider one (1) item as
stated above.
Maker: Commissioner Spicer
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Attorney

RS160518 – 9:02:07 Expansion Item #1: Request that the Board cancel the special meeting scheduled for May 19, 2016 at 6:00 p.m. to consider the appeal of E16-001 filed by Living Waters World Outreach Center, appealing the approval to construct an electric transmission substation for Florida Power and Lights (FPL) (applicant). The original application under appeal has been withdrawn by FPL.

Audience input: Mollie Garrett, attorney for FPL, came forward to review the FPL project and stated that FPL has been working with Pastor Robert Goyette and the Living Waters World Outreach Center to resolve this matter. She thanked the Board for their patience. Jim Bush, FPL, came forward to comment on the proposed FPL substation on CR107. Mr. Mullin commented that he felt from a legal stand point that the discussions of the issues are far beyond the motion to cancel the special meeting. The comments should focused on the cancellation of the special meeting on May 19, 2016 at 6:00 p.m.

Teresa Prince, attorney for Living Waters World Outreach Center, came forward to state that she would be available to answer any questions. She also concurred with Ms. Garrett’s point regarding working together to resolve this matter.

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

DISCUSSION ITEMS:
RS160518 – 11:10:45 Commissioner Kelley’s Business:
None.

RS160518 – 11:10:48 Commissioner Spicer’s Business:
None.

RS160518 – 11:10:51 Commissioner Edwards’ Business:

Motion: Chairman to sign a letter to Florida Department
of Transportation requesting consideration to re-open the median on U.S. 17 south of A1A/SR200 (in front of Missy’s restaurant.)
Maker: Commissioner Edwards
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Public Works Director

RS160518 – 11:13:25 Commissioner Leeper’s Business:
None.

RS160518 – 2:54:12

Motion: Approve a Resolution Amending Resolution No.
2016-41, which Authorized the Creation of a Working Committee for the Purposes of Developing a Transit Strategy for Nassau County. (Includes the addition of Peter King, Director of Planning and Economic Opportunity, to the committee.)
(Resolution 2016-63)
Maker: Commissioner Leeper
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Attorney, Economic and Planning
Opportunity, County Manger, Clerk Staff, Public
Works

RS160518 – 11:13:29 Chairman Boatright’s Business:
None.

There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 2:57 p.m.

_____________________________
Walter J. Boatright, Chairman

Attest:

____________________________
John A. Crawford, Ex-Officio Clerk

ATTACHMENT “A”

Finance Package 2016-14:

Inventory Deletions/Changes:

Fire Rescue, 5413, Dell Optiplex 745 Computer, Serial No.
DK51JC1.
Fire Rescue, 1848, Optiplex GX260 Computer, Serial No.
HTXGW21.
Fire Rescue, 5254, Optiplex 745 Computer, Serial No.
2K79ZC1.
Fire Rescue, 5253, Optiplex 745 Computer, Serial No.
1K79ZC1.
Fire Rescue, 5193, Optiplex GX520 Computer, Serial No.
BSHG5B1.
Fire Rescue, 5443, Dell Optiplex 745 Computer, Serial No.
33LMPC1.
Fire Rescue, 5430, Dell Optiplex 745 Computer, Serial No.
H3DXMC1.
Fire Rescue, 5372, Dell Optiplex GX520 Computer, Serial No.
9NVR6C1.
OMB – Billing, 5162, 2006 Dell Mini Tower Computer, Serial
No. 25QSKB1.
Building Department, 5922, 2008 Dell Latitude Desk Top
Computer, Serial No. BYBOBG1.
Building Department, 5210, 2006 Dell Lap Top Computer,
Serial No. FXTNNB1.
Building Department, 3498, 2005 Dell Workstation Computer,
Serial No. 3306981.
Building Department, 5439, 2007 Dell Optiplex 745 Computer,
Serial No. FHVHZC1.
Building Department, 5209, 2006 Dell XPS600 Intel Process
Computer, Serial No. B7LYHB1.
Building Department, 5867, 2008 Dell Precision T7400 Tower
Quad Computer.
Code Enforcement, 6256, 2009 Dell Optiplex 760 Computer,
Serial No. N/A.
Code Enforcement, 6163, 2009 Dell Optiplex 755 Computer,
Serial No. BDCDQH1.
Nassau County Property Appraiser, 3549, 2006 Computer Dell
Optiplex GX620, Serial No. DK7CK81.