Nassau County Board of County Commissioners
Regular Session, November 28, 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 Daniel B. Leeper, Commissioners, Steve W. Kelley, Pat Edwards, Justin Taylor and George V. Spicer.
Other Officials Present: Michael S. Mullin, County Attorney; and Shanea Jones, Assistant County Manager.
Staff Present: Justin Stankiewicz, Office of Management and Budget Director; Taco Pope, Planning and Economic Opportunity Director; Doug McDowell, Strategic Planner; and representing the Clerk’s office Connie Arthur and Brenda Linville, Deputy Clerks.
Official Agenda Summary:
RS161128 – 6:02:41 Chairman Leeper commented on the compassion, love, and generosity shown by the community for Deputy Eric Oliver and his family.
Audience Input:
RS161128 – 6:03:41 Janice Platt came forward to address her concerns about the East Nassau Stewardship District Act and questioned how it is going to impact the population. She stated that she is opposed to the stewardship.
RS161128 – 6:04:38
Discussion: Mr. Mullin read the procedure for the legislative public hearings.
RS161128 – 6:07:44 Carlos Slay came forward to request that a provision be added to the stewardship documents that would create a referendum that would allow the citizens of Nassau County a chance to be heard. He also questioned how the stewardship district would impact the water supply. Mr. Slay requested that the Board delay the vote tonight until the Board can meet with the experts at St. Johns River Water Management District about the impact of what is being proposed.
RS161128 – 6:13:37 Wes White came forward to address various misstatements he believes were made at the workshop held on November 22, 2016 to discuss the East Nassau Stewardship District Act workshop. He encouraged the Board not to vote tonight on this item in order to allow for further research.
RS161128 – 6:19:07 Michael Adams came forward to address his concerns as it relates to Rayonier taking stewardship over the marshes and the river. He requested that the Board conduct additional research on this item. Mr. Adams suggested that this item be placed on a referendum for the citizens of Nassau County to vote.
RS161128 – 6:22:14 Mark Brummer commented that he wanted to withdraw his request to speak at this time.
RS161128 – 6:22:26 Catherine Boyett expressed concerns the decision regarding the stewardship should be decided by the citizens of Nassau County. She also felt that information regarding this matter should be better publicized for the public.
CONSTITUTIONAL OFFICER BUSINESS:
RS161128 – 6:25:43 (Tab A) Annual Financial Reports submitted by the Nassau County Constitutional Officers are for informational purposes only; however, consider request from the Sheriff to deposit $705,354.39 of residual equity into a reserve account to fund a Public Safety Training Center as outlined in Contract CM2233 and authorize the Chairman to sign associated budget amendment.
Motion: Approve Tab A as stated above.
Maker: Commissioner Edwards
Second: Commissioner Taylor
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Follow Up: Finance, OMB, Sheriff
CONSENT ITEM(S):
RS161128 – 6:26:24 Approve the following: (B)Finance Package 2016-29 and associated Resolutions. (C)Finance Package 2016-30 and associated Resolutions.
Motion: Approve consent agenda items (Tabs B and C) as
stated above. (See Attachment “A” for Tab B and
Attachment “B” for Tab C)
Maker: Commissioner Kelley
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Follow Up: Finance, OMB
NEW BUSINESS:
RS161128 – 6:26:56 (Tab D) Consider/approve the 2017 Holiday Schedule.
Motion: Approve Tab D as stated above.
Maker: Commissioner Edwards
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Follow Up: County Manager, Constitutional Officers
REGISTER:
The Chairman signed the register for the following warrants: Warrant Nos. 232034 thru 232251 dated 11-21-16 for a register total of $41,039.60; and, Warrant Nos. 232252 thru 232258 dated 11-21-16 for a register total of $2,912.69
APPOINTMENTS:
RS161128 – 6:27:16 (Tab E) Appointment of Commissioner Representatives for the Nassau County Economic Development Board (NCEDB).
Motion: Approve commissioner representatives on the
Economic Development Board: C.A. McDonald, District 1; Sarah Pelican, District 2; Roger Rassman, District 3; Chris Kirkland, District 4; Mike Cole, District 5.
Maker: Commissioner Edwards
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Follow Up: County Manager, NCEDB
NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS161128 – 6:32:18 (Tab F) Consideration of draft East Nassau Stewardship District Act.
Mr. Mullin read the legislative procedures.
Motion: Open the floor to public discussion.
Maker: Commissioner Spicer
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Discussion: Charles Adams, Vice President of Community Development for Rayonier, came forward to review the request. Jonathan Johnson, attorney with Hopping Green and Sams, came forward to provide a summary of the stewardship district.
RS161128 – 6:43:16
Public Input: Tim Peak came forward to question whether a hydrology needs study has been done and if anyone has met with the St. Johns River Water Management District authorities.
Joe Zimmerman questioned compliance with the public records laws of Florida and Government and Sunshine standards. He requested clarification regarding various sections in the draft legislation.
Jeff Spencer came forward to question health care within the stewardship district as well as the eminent domain and the control of the County’s waterway.
Barbara Adams came forward to speak in opposition of the stewardship district as it relates to eminent domain, the impact on the county, inadequate medical facilities, and impact on the waterway. She addressed issues with community developments in south Florida. Ms. Adams suggested placing this item on a referendum for the citizens of Nassau County to vote on.
Stacy Skipper came forward to speak against the stewardship district and agreed the other speakers concerns.
Bruce Dueck was interested in getting additional information regarding the proposed development. Chairman Leeper requested that Mr. Pope provide Mr. Dueck his contact information.
Motion: Close the floor to public discussion.
Maker: Commissioner Edwards
Second: Commissioner Taylor
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Discussion: Mr. Johnson came forward to respond to questions provided by the speakers as it related to the eminent domain language; administrative rules; and fire and security services. Upon several requests Mr. Johnson addressed the conflict on page 68, paragraphs (g) and (k) as it related to condemnation; their stewardship over the marshes and rivers; and the Florida Governor’s and State Legislature’s involvement in this matter.
Mr. Mullin and Mr. Johnson responded to concerns from citizens regarding this matter being unconstitutional. They also addressed the bond validation.
Mr. Johnson responded to an inquiry regarding recreational parks inside the development. Mr. Pope responded to an inquiry regarding what would happen if there was not a stewardship district. Discussion followed.
Motion: Approve to send a letter of no objection to file
with the Legislative Delegation.
Maker: Commissioner Edwards
Second: Commissioner Taylor
Action: Commissioner Kelley – Nay
Commissioner Spicer – Nay
Commissioner Taylor – Aye
Commissioner Edwards – Aye
Commissioner Leeper – Aye
Follow Up: County Attorney, Planning and Economic
Opportunity
RS161128 – 6:32:18 (Tab G) For recording purposes only, consider final plat for Harbor Concourse, Phase Two, filed by Nassau Concourse, LLC, owner, and Manzie & Drake Land Surveying, agent for owner, to construct a eighty-seven (87) single family detached lot subdivision on approximately 18.78 acres. Property is zoned as Planned Unit Development (PUD) and designated as High Density Residential on the Future Land Use Map (FLUM). Property is located on the south side of Amelia Concourse, slightly west of CR 107 (Old Nassauville Road).
Motion: Open the floor to public discussion.
Maker: Commissioner Spicer
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Discussion: Mr. Pope reviewed the request. Greg Matovina came forward to waive his presentation and rely on staff’s recommendation.
No public input.
Motion: Close the floor to public discussion.
Maker: Commissioner Edwards
Second: Commissioner Taylor
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Motion: Approve Tab G as stated above.
Maker: Commissioner Kelley
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Follow Up: Planning and Economic Opportunity, Clerk Staff
RS161128 – 6:31:00 (Tab H) Continue consideration 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. (Tab I) Continue consideration of the proposed amendments to the Land Development Code, Roadway and Drainage Standards, and Subdivision Rules.
Motion: Continue first public hearing to December 12,
2016, or as soon thereafter as the matter may be heard, consideration of Tabs H and I.
Maker: Commissioner Kelley
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Follow Up: Planning and Economic Opportunity, County
Attorney, County Manager
RS161128 – 7:28:35
Motion: Schedule second public hearing for January 9,
2017 at 6:00 p.m., or as soon thereafter as the matter may be heard, consideration of Tabs H and J as stated above.
Maker: Commissioner Spicer
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Follow Up: Planning and Economic Opportunity, County
Attorney, County Manager
RS161128 – 6:31:47 (Tab J) For recording purposes only, consider final plat for Timberlake Phase III, filed by D.R. Horton, Inc. to construct thirty-nine single family lots and an amenity center on approximately 19.12 acres. Property is zoned as Planned Unit Development and is located on the west side of Amelia Concourse, Fernandina Beach area.
Motion: Continue to December 12, 2016 at 6:00 p.m., or as
soon thereafter as the matter may be heard, consideration of Tab J as stated above.
Maker: Commissioner Edwards
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Follow Up: Planning and Economic Opportunity
EXPANSION ITEMS:
RS161128 – 6:24:06 (1) Authorize the Chairman to sign a letter of support for Community Hospice’s application to the Agency for Healthcare Administration for a new Hospice Program in District 3A; (2) Set an executive closed session to discuss Local 3101 contract negotiations.(3) County Attorney has been asked to join as a member of the Florida Association of Counties Board, and (4) County Attorney’s office received request from Mark Anderson for Board to devise a list of funding requests for next year to be submitted to the Legislative Delegation at their meeting on December 1, 2016. Chairman Leeper has indicated he will lead the pledge at the meeting and, per Mark Anderson, the chair typically addresses the Delegation on behalf of the Board.
Motion: Expand the meeting to consider four (4) items as
stated above.
Maker: Commissioner Edwards
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Follow Up: County Manager, County Attorney
RS161128 – 7:27:16 Expansion Item #1: Authorize the Chairman to sign a letter of support for Community Hospice’s application to the Agency for Healthcare Administration for a new Hospice Program in District 3A.
Motion: Approve expansion item 1 as stated above.
Maker: Commissioner Edwards
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Follow Up: County Manager
RS161128 – 7:27:53 Expansion Item #2: Set an executive closed session to discuss Local 3101 contract negotiations.
Motion: Set an executive closed session on December 6,
2016 at 5:00 p.m., or as soon thereafter as the matter may be heard, pursuant to Florida Statutes, Section 447.605, for discussion related to Fire-Rescue Professionals (Local 3101), International Association of Fire Fighters AFL-CIO contract negotiations/collective bargaining strategy. Persons attending will be Daniel B. Leeper, Steve Kelley, Pat Edwards, George Spicer and Justin Taylor, collectively known as the Board of County Commissioners; Michael Mullin, County Attorney; Ted Selby, County Manager; and either Shanea Jones, Assistant County Manager or Justin Stankiewicz, OMB Director.
Maker: Commissioner Edwards
Second: Commissioner Taylor
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Follow Up: County Manager, Board, County Attorney, Clerk
Staff
RS161128 – 7:29:10 Expansion Item #3: County Attorney has been asked to join as a member of the Florida Association of Counties Board.
Motion: Appoint County Attorney to serve as a member of
the Florida Association of Counties Board of Trustees.
Maker: Commissioner Edwards
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Follow Up: County Attorney
RS161128 – 7:30:10 Expansion Item #4: County Attorney’s office received request from Mark Anderson for Board to devise a list of funding requests for next year to be submitted to the Legislative Delegation at their meeting on December 1, 2016. Chairman Leeper has indicated he will lead the pledge at the meeting and, per Mark Anderson, the chair typically addresses the Delegation on behalf of the Board.
Motion: Each commissioner to provide the County Manager’s
office with a list of funding requests for next year in order for the lobbyist to submit to the local Legislative Delegation at their meeting on December 1, 2016.
Maker: Commissioner Spicer
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Taylor
Follow Up: Board, County Attorney, County Manager
DISCUSSION ITEMS:
RS161128 – 7:32:06 Commissioner Kelley’s Business:
None.
RS161128 – 7:32:10 Commissioner Spicer’s Business:
• Thanked Road and Bridge Department for the great job they did on the upgrade to Clyatt
• Circle off County Road 115.
• Commissioner Spicer advised the Board that his mother passed away this morning and requested that everyone keep him and his family in their prayers.
RS161128 – 7:32:36 Commissioner Taylor’s Business:
• Thanked the Commissioners for welcoming him to the Board.
• Thanked everyone in the audience that showed up tonight.
RS161128 – 7:32:51 Commissioner Edwards’ Business:
• Also thanked everyone for participating in the discussion tonight.
Request: Assistant County Manager to request the Public Works Director to contact Ron Holmes regarding a question related to raking the beach and follow up with Commissioners Leeper and Edwards.
RS161128 – 7:33:34 Chairman Leeper’s Business:
• Commented that this past week has been tough for Deputy Oliver’s family, friends and the whole community. He stated that we owe all our law enforcement a debt of gratitude for keeping us safe.
• Requested that everyone keep former Commissioner Mike Boyle and his family in their prayers.
There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 7:35 p.m.
_____________________________
Daniel B. Leeper, Chairman
Attest:
____________________________
John A. Crawford, Ex-Officio Clerk
ATTACHMENT “A”
Finance Package 2016-29:
Resolution(s):
1. Resolution 2016-166, regarding budget amendment in the Capital Project Impact Fees Fund in the amount of $1,175.00 which has received impact fee revenues.
Inventory Deletions/Changes:
Road and Bridge Department, 1353, 1998 Vermeer Chipper
Shedder, Serial No. 1VRN13123W1001232.
Road and Bridge Department, 3543, 2006 Gradall Hydraulic
Excavator, Serial No. 17750.
ATTACHMENT “B”
Finance Package 2016-30:
Resolution(s):
1. Resolution 2016-167, regarding budget amendment in the General Fund in the amount of $196.00 that has receive reimbursement for damaged/lost materials for the Nassau County Library System.