Nassau County Board of County Commissioners Regular Session, May 23, 2016, 6:00 p.m.

Nassau County Board of County Commissioners
Regular Session, May 23, 2016, 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 Walter J. Boatright, Commissioners Daniel B. Leeper, Steve W. Kelley, Pat Edwards, and George V. Spicer.

Other Officials Present: Michael S. Mullin, County Attorney; and Ted Selby, County Manager.

Staff Present: Scott Herring, Public Works Director; Peter King, Planning and Economic Opportunity Director; and representing the Clerk’s office Connie Arthur and Brenda Linville, Deputy Clerks.

Official Agenda Summary:

Audience Input:
RS160523 – 6:03:15 Commissioner Edwards, speaking as a private citizen, came before the Board. (In prior meetings, the Board had been considering an economic development grant incentive for Ligno Tech Florida, LLC which was continued to this evening.) He noted the Clerk’s absence from board meetings and felt it was time for the Clerk as the County’s Chief Financial Officer to attend all board meetings, in open format, in which financial issues are discussed. He prefers open meetings for questions and answers rather than to hear the Clerk’s views through news media after the fact. He requested that the Board take under advisement whether they should (1) possibly seek an attorney’s opinion regarding whether the Clerk’s actions are ethically responsible; and (2) ask the citizens of Nassau County if this is the way they want their politics conducted, behind closed doors.

RS160523 – 6:07:15 Don Nichols came forward to address the recent funding for Chester Road at Pages Dairy Road and the priorities for road funding as it relates to Old Dixie Highway.

RS160523 – 6:11:19 Verna Layden came forward to address the recent funding for Chester Road at Pages Dairy Road and the economic development grant.

RS160523 – 6:15:08 William Layden came forward to address the improvements to Old Dixie Highway.

RS160523 – 6:18:08 Sandra Carter came forward to express her concerns regarding the Beach Ordinance (Tab L), specifically the removal of beach camping from the ordinance.

RS160523 – 6:20:02 Commissioner Leeper commented that he spoke with Mr. Nichols last week regarding the timeline for improvements to Chester Road. He felt that there is some gross misunderstanding and misinformation that has been given to the public. Mr. Herring and Sabrina Robertson, County Manager’s office, provided him with an e-mail containing the timeline for Chester Road as well as the timeline for Old Dixie Highway. Commissioner Leeper offered to e-mail Mr. Nichols the timelines and the funding set aside for these projects so that he could distribute it to the other residents on Old Dixie Highway.

RS160523 – 6:21:13 Mr. Mullin read Resolution 2016-61 and presented a plaque to Charlotte Young, Contract Management, on her retirement from Nassau County after 43 years of outstanding service.

RESOLUTION(S):
RS160523 – 6:29:20 (Tab B) Approve a Resolution of the Board of County Commissioners proclaiming the month of May 2016 as “National Foster Care Month”.

Motion: Approve Tab B as stated above and authorize the
Board to sign Resolution 2016-64 regarding same.
Maker: Commissioner Leeper
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Clerk Staff, County Manager

CONSENT ITEM(S):
RS160523 – 6:35:18 (Tab C) Approve Finance Package 2016-15 and associated Resolutions.

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

REGISTER:
The Chairman signed the register for the following warrants: Warrant Nos. 227293 thru 227372 dated 5-19-16 for a register total of $805,948.11; Wire Transfer No. 1610841 dated 5-10-16 for a register total of $2,228.91; Wire Transfer Nos. 1610842 and 1610843 dated 5-12-16 for a register total of $38,198.21; and, Wire Transfer No. 1610844 dated 5-17-16 for a register total of $3,729.68

OLD BUSINESS:
RS160523 – 6:35:41 (Tab D) Continue discussion regarding a benefit and cost analysis related to Economic Development Grant Incentives.

Discussion: As directed by the Board in a previous meeting, Mr. Selby reviewed the quotes that they received from four firms regarding a benefit and cost analysis.

Audience input: Mike Cole and Mike Stokes came forward to speak in favor of the LignoTech Florida, LLC Economic Development Grant Incentives.

Bill Moore came forward to read a letter dated May 13, 2016 from the Amelia Island/Fernandina Beach/Yulee Chamber of Commerce supporting LignoTech Florida, LLC Economic Development Grant Incentives.

Chairman Boatright briefly commented on the Clerk’s article which recently appeared in the Nassau County Florida Independent. Commissioner Kelley noted two firms he found online that could perform the benefit and cost analysis that he discussed in a previous meeting. He reiterated his opinion regarding the need for such a study. Commissioner Spicer concurred with Commissioner Kelley regarding the analysis and suggested that the Board move forward with hiring a company to perform the analysis. Commissioner Leeper addressed funds for roads, questioned the purpose of the analysis, and suggested changing the Ordinance if this is the route the Board is going to take in the future. Noting Commissioner Kelley’s and the Clerk’s concerns raised late in the process, Commissioner Edwards addressed the political movement as it relates to this matter. In the future, he requested that a study be performed early in the process in an effort to secure a decision with a unified vote. Commissioner Kelley reviewed basic figures that were provided by the Property Appraiser. Michael Hickox, Property Appraiser, came forward to respond to a question from Commissioner Edwards clarifying the comment that Commissioner Kelley made regarding his figures. Discussion followed.

Motion: Move forward to hire Robert Charles Lesser &
Company (RCLCO) to do a benefit and cost analysis study related to the Economic Development Grant Incentives, and consider incorporating this practice into the early stages of each of the economic incentive proposals. Also, board to send letter to the Clerk as CFO asking him to attend all meetings that have to do with the Economic Development Board, the budget and anything else to do with accountability.
Maker: Commissioner Edwards
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Finance, OMB, County Manager

RS160523 – 7:11:41 The Board recessed and reconvened at 7:17 p.m. to continue the agenda.

NEW BUSINESS:
RS160523 – 7:17:13 (Tab E) Consider the following: (1) award Bid No. NC16-010 to E&D Contracting Services, Inc. in the amount of $348,118.00, for the West Nassau Landfill Leachate Storage System Improvements Project; (2) authorize the Chairman to execute the Notice of Award and Contract No. CM2320; and (3) authorize the Public Works Director to issue the Notice to Proceed, contingent upon receipt of the required Performance Bond, Payment Bond, and Certificate of Insurance. Funding source: 70362534-563920 SWTNK.

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

RS160523 – 7:17:53 (Tab F) Consider request from the American Beach Property Owners’ Association to utilize Burney Park the evening of Saturday, June 25, 2016 and the evening of Saturday, August 6, 2016 for the American Beach Jazz Festival; and authorize use of an electrical outlet.

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

RS160523 – 7:18:21 (Tab G) Consider the following: (1) approve request from John J. Kroll to drive on the beach from Peters Point to the Ritz Carlton on Saturday, June 11, 2016 to set up a fireworks display for a wedding ceremony; and (2) approve request to park at Peters Point from Friday, June 10 through Sunday, June 12, 2016.

Discussion: Mr. Mullin reviewed the request and advised that the Board cannot legally grant the request to drive on the beach. The other request to park at Peters Point should be moved until after the public hearing regarding Tab L.

RS160523 – 7:40:55 Mr. Mullin reiterated that the Board cannot approve Mr. Kroll’s request to drive on the beach from Peters Point to the Ritz Carlton. The group discussed various issues related to the request to park at Peters Point. No action taken.

Carlla Cato came forward to question the enforcement the beach camping Ordinance (Tab L).

APPOINTMENT(S):
RS160523 – 7:19:38 (Tab H) Consider re-appointment of Mike Spino to the Northeast Florida Community Action Agency’s Board of Directors.

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

RS160523 – 7:19:58 (Tab I) Consider appointment of Bobby Franklin as the District 4 representative on the Planning & Zoning Board.

Motion: Approve to appoint Bobby Franklin as District 4
representative on the Planning and Zoning Board replacing Gene Bennett due to his resignation effective May 31, 2016. (Remaining term expires December 2016)
Maker: Commissioner Spicer
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Planning and Economic Opportunity

NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS160523 – 7:46:24 (Tab J) Consider approval of Ordinances for proposed amendments to the Land Development Code, Roadway and Drainage Standards, and Subdivision Rules; and (Tab K) Continue approval of an Ordinance amending Ordinance No. 2003-13, as amended, known as the Uniform Addressing and Street Naming Ordinance; Specifically Amending Section 2, Definitions; Section 3, Assignment of Street Address Numbers; and Section 6, Initial Road Naming; Providing for Inclusion in the Nassau County Code; Providing for Severability; and Providing an Effective Date.

Discussion: Mr. Mullin to incorporate changes as discussed in the workshop.

Motion: Continue to July 11, 2016 at 6:00 p.m., or as
soon thereafter as the matter may be heard, consideration of Tab J and K as stated above.
Maker: Commissioner Edwards
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Planning and Economic Opportunity, County
Attorney

RS160523 – 7:20:17 (Tab L) Consider an Ordinance Amending Ordinance No. 76-10, as amended, which provided for on-beach camping on the Atlantic Ocean Beaches in the Unincorporated Areas of Nassau County; Specifically Amending Section 1, Definitions; Section 2, Violations; Adding a New Section 3; providing for penalties; and providing an effective date.

Discussion: Mr. Mullin reviewed the request as well as the changes. The group discussed concerns raised by citizens regarding eliminating beach camping. They briefly considered creating permits to allow for beach camping.

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

Public input: Greg Carter came forward to address camping on the beach.

Aaron Farkas came forward to speak against the Ordinance as it relates to beach camping.

Andrew Curtin came forward to speak in favor of the Ordinance, but has no objection to a permit system to camp on the beach.

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

Discussion: The group discussed a permitting process for beach camping, limiting camping to the beach only.

Motion: Continue to June 27, 2016 at 6:00 p.m., or as
soon thereafter as the matter can be heard, consideration of amending Ordinance 76-10, as amended; and consider a beach camping permit process.
Maker: Commissioner Edwards
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Attorney, County Manager

QUASI-JUDICIAL PUBLIC HEARING(S):
RS160523 – 7:50:13 (Tab M) For recording purposes only, approve final plat for Woodbrier, Phase One, filed by Seda Construction Company, owner to construct 65 single family lots on approximately 16.59 acres. Property is zoned Planned Unit Development (PUD) and is designated as Low Density Residential (LDR) on the Future Land Use Map (FLUM).

Mr. Mullin advised that the representative for Tab M waived the quasi-judicial proceedings.

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

Discussion: Mr. King reviewed the request.

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

Motion: Approve Tab M as stated above.
Maker: Commissioner Leeper
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Planning and Economic Opportunity, Clerk Staff

COUNTY ATTORNEY BUSINESS:
RS160523 – 7:53:32 (Tab_N) Consider a Resolution of the Board of County Commissioners of Nassau County, Florida, Rescinding Resolution No. 2000-111, and Resolution No. 2008-192.

Motion: Continue to July 11, 2016 at 6:00 p.m., or as
soon thereafter as the matter can be heard, consideration of Tab N as stated above.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Attorney, County Manager

INFORMATIONAL ITEM(S):
RS160523 – 7:54:04 (Tab O) Informational only: authorized employee travel.

EXPANSION ITEMS:
None.

DISCUSSION ITEMS:
RS160523 – 7:54:20 Commissioner Kelley’s Business:
None.

RS160523 – 7:54:23 Commissioner Spicer’s Business:
None.

RS160523 – 7:54:26 Commissioner Edwards’ Business:
None.

RS160523 – 7:54:30 Commissioner Leeper’s Business:

• Thoughts and prayers to the family of Sheriff Deputy John Allen who recently passed away; and thanked his family for his eighteen-years of dedicated service to Nassau County.

• Hopes that the action by the Board earlier tonight regarding LignoTech Florida, LLC is a step in the right direction of becoming a unified Board.

RS160523 – 7:55:22 Chairman Boatright’s Business:

• Echoed Commissioner Leeper’s thoughts regarding LignoTech Florida, LLC.

• Briefly addressed the Clerk’s attendance at Board meetings.

There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 7:56 p.m.

_____________________________
Walter J. Boatright, Chairman

Attest:

____________________________
John A. Crawford, Ex-Officio Clerk

ATTACHMENT “A”

Finance Package 2016-15:

Resolution(s):

1. Resolution 2016-65, regarding budget amendment in the General Fund in the amount of $20.00 for donations received by the Nassau County Library System.