Nassau County Board of County Commissioners Executive Closed Session, August 9, 2010, 4:00 p.m.

Nassau County Board of County Commissioners

Executive Closed Session, August 9, 2010, 4:00 p.m.

Regular Session, August 9, 2010, 6:00 p.m.

Commission Chambers, 96135 Nassau Place, Yulee, Florida

 

 

EXECUTIVE CLOSED SESSION

Call to Order.

 

Commissioners:

Present:  Chairman Michael H. Boyle, Commissioners Daniel B. Leeper Stacy T. Johnson, Barry V. Holloway, and Walter J. Boatright.

 

Others Present: David A. Hallman, County Attorney; Ted Selby, County Manager; and Connie Arthur, Deputy Clerk, representing the Clerk’s office.

 

 

EC100809 – 4:05:26  Executive Closed Session:

The County Attorney announced it was time to hold an executive closed session pursuant to Florida Statutes, Section 447.605, for discussion related to Fire-Rescue Professionals (Local 3101), International Association of Firefighters AFL-CIO Contract Negotiations/Collective Bargaining Strategy. Persons attending will be Daniel B. Leeper, Michael H. Boyle, Stacy T. Johnson, Barry V. Holloway, and Walter J. Boatright, collectively known as the Nassau County Board of County Commissioners; David A. Hallman, County Attorney; and Ted Selby, County Manager. There will be no pause in the proceedings or discussion of matters not related to this issue.

 

Motion:   To close the meeting.

Maker:    Commissioner Boatright

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Johnson, Holloway,

          Boatright and Boyle.

 

The Deputy Clerk turned off the recording device, locked the doors, and exited the room. The meeting continued in closed session.

 

 

EC100809 – 4:35:22 The meeting reconvened in open session. There were no motions made as a result of the closed session.

 

RS100809 – 4:35:47 The executive closed meeting adjourned.  

 

 

REGULAR SESSION

 

Call to Order, Invocation and Pledge of Allegiance to the American Flag

 

Commissioners:

Present:  Chairman Michael H. Boyle, Commissioners Daniel B. Leeper, Stacy T. Johnson, Barry V. Holloway, and Walter J. Boatright.

 

 

Other Officials Present: John A. Crawford, Ex-Officio Clerk; David A. Hallman, County Attorney; and Ted Selby, County Manager.

 

 

Staff Present: Gene Knaga, Clerk’s Fiscal Management Compliance; Shanea Jones, Office of Management and Budget; Scott Herring, Engineering Services Director; and representing the Clerk’s office Connie Arthur and Brenda Linville, Deputy Clerks.

 

 

Official Agenda Summary:

 

Audience Input:

RS100809 – 6:01:28 Mike Pikula, came forward to provide an update regarding the Safe Routes to Schools (SRTS) Program and thanked the Board and various individuals for their support.

 

 

PRESENTATION(S):

RS100809 – 6:05:29      (Tab A) Gil Langley, Amelia Island Tourist Development Council re: Quarterly update.

 

Discussion: Mr. Langley distributed a packet of information/data and thanked the Board for their support of the Travel and Hospitality Industry. He discussed Amelia Island Tourism; Smith Travel June Highlights; comparisons; advertising; promotions; and Amelia Island meetings.

 

 

 

FINANCIAL ITEMS:

RS100809 – 6:21:56  (Tab B) Sheriff’s Business: Approve to expend $2,000.00 from the Law Enforcement Trust Fund to be donated to Big Brothers/Big Sisters for the 15th Annual “Reggie Hunt Memorial Golf Marathon.” Funding source: 13031521-582000.

 

Motion:   Approve Tab B as stated above.

Maker:    Commissioner Holloway   

Second:   Commissioner Boatright  

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Finance, OMB, County Manager, Sheriff

 

 

RS100809 – 6:22:31  (Tab C) Sheriff’s Business: Approve to expend $10,000.00 from the Special Law Enforcement Trust Fund in order to facilitate undercover operations by the Investigative and Narcotics Units.  Funding source: 11031582-591910SHERF.

 

Motion:   Approve Tab C as stated above.

Maker:    Commissioner Johnson    

Second:   Commissioner Boatright  

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Finance, OMB, County Manager, Sheriff

 

 

RS100809 – 6:22:58  (Tab D) Approve the following: (1) award Bid No. NC10-028 to Jacksonville Eighteen Construction, Inc., in the amount of $951,421.00 for the William Burgess Extension Project and approve proposed budget total of $1,977,300.00; (2) authorize the Chairman to sign the Notice of Award and Agreement No. CM1639; and (3) authorize Engineering Services to issue a Notice to Proceed contingent upon receipt of the performance/payment bonds and certification of insurance requirements.  Funding source: 63470541-5631000 WBE62.

 

Discussion: Mr. Herring reviewed the request.

 

Motion:   Approve Tab D as stated above.

Maker:    Commissioner Holloway   

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Finance, OMB, County Manager, Engineering

           Services, Contract Management

 

 

Motion:   Adjourn as the Board of County Commissioners and

convene as the SAISS MSBU Governing Board.

Maker:    Commissioner Leeper

Second:   Commissioner Johnson    

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.

    

 

RS100809 – 6:24:29  (Tab E) Approve SAISSA Finance Package 2010-10, Draw #188.

 

Motion:   Approve SAISSA Finance Package 2010-10, Draw #188

as follows: Jacobs and Associates, Legal Fees, June 2010 in the amount of $2,000.00; Amelia Island Management, Inc., Management Fees, June 2010 in the amount of $1,500.00; Olsen Associates, Inc., Budget: 43600539-531377 in the amount of $27,327.00 and Budget: 43600539-531308 in the amount of $44,800.00; and SAISSA, Advertising(Check #157) in the amount of $58.96.

Maker:    Commissioner Leeper

Second:   Commissioner Holloway   

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.

Follow Up: Finance, OMB, County Manager, Clerk Staff

 

 

RS100809 – 6:24:54  (Tab F) Approve a Resolution Demonstrating Continuing Support for the South Amelia Island Shore Stabilization Project Agreeing to Continue Serving as the Local Sponsor of the Project, Committing to Provide the Local Cost Share Through the South Amelia Island Shore Stabilization Municipal Service Benefit Unit (SAISS MSBU) and Providing for an Effective Date.

 

Motion:   Approve Tab F as stated above and authorize the

          Chairman to sign Resolution 2010-123.

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: County Manager, Clerk Staff

 

 

 

RS100809 – 6:25:25  (Tab G) Approve a Resolution Relating to South Amelia Island Shore Stabilization Municipal Service Benefit Unit; Determining the Estimated Maintenance Cost of Existing Beach Renourishment Capital Projects; Determining that Such Real Property will Derive a Special Benefit From the Maintenance of Such Improvements; Directing the Assessment Coordinator to Prepare an Updated maintenance Assessment Roll; Establishing a Public Hearing to Consider Imposition of the Proposed Maintenance Assessments and the Method of Their Collection; Directing the Provision of Notice in Connection Therewith; Providing for Severability and Providing an Effective Date. (Proposed public hearing date: September 13, 2010 at 7:00 p.m.)

 

Discussion: The group discussed the appointment of members to the SAISS Board. Bill Moore responded to an inquiry that the Board does not have authority over who is appointed to the Board. He explained that there was a SAISS Advisory Committee appointed by the Board of County Commissioners, but after several years of operations it was decided that the additional committee was not needed and the ordinance was amended to eliminate the committee appointed by the Board of County Commissioners.

 

Motion:   Approve Tab G as stated above and authorize the

          Chairman to sign Resolution 2010-124.

Maker:    Commissioner Holloway   

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: County Manager, Clerk Staff

 

 

Motion:   Adjourn as the SAISS MSBU Governing Board and

reconvene as the Board of County Commissioners.

Maker:    Commissioner Johnson    

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright

 

 

NEW BUSINESS:

RS100809 – 6:30:10  (Tab H) Approve request from The Diesel Powerhouse to waive the paving requirements for Lamar Avenue for expansion of the existing site.

 

Discussion: Mr. Herring reviewed the request. He commented that staff recommends that the waiver be conditioned upon the installation of the asphalt milling as described in the June 28, 2010 letter from Gillette and Associates.  Additionally, any future expansion on this site will automatically require the paving of Lamar Avenue to a county standard facility and constructing the required parking for the entire site as paved.

 

Motion:   Approve Tab H as stated above

Maker:    Commissioner Boatright  

Second:   Commissioner Holloway   

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Engineering Services, County Manager

 

 

RS100809 – 6:33:08  (Tab I) Approve the following: (1) approve the Evaluation committee’s list of the top ranked firms for bids received in response to Bid No. NC10-017, Thomas Creek Restoration Project; (2) authorize staff to proceed with negotiations with the top ranked firm, Hayward Construction Group; and (3) authorize staff to bring contract back for Board approval. Funding sources: 03402541-546510THCRK.

 

Discussion: The Board thanked Commissioner Boatright for his efforts in moving the project forward.

 

Motion:   Approve Tab I as stated above.

Maker:    Commissioner Boatright  

Second:   Commissioner Holloway   

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Finance, OMB, County Manager, Engineering

           Services, Contract Management

 

 

RS100809 – 6:36:13  (Tab J) Approve filling vacant Senior Animal Shelter/Center Attendant position for Animal Control.

 

Discussion: Mr. Selby reviewed the request.

 

Motion:   Approve Tab J as stated above.

Maker:    Commissioner Johnson    

Second:   Commissioner Holloway   

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: County Manager, Animal Control Department, Human

 Resources Department, Finance, OMB

 

 

RS100809 – 6:37:10  (Tab K) Approve a Resolution making technical revisions to the Local Housing Assistance Plans for Fiscal Year 03/04 through 05/06, Fiscal Year 05/06 through Fiscal Year 08/09, and Fiscal Year 09/10 through 11/12, to revise circumstances under which a subordination agreement may be given.

 

Motion:   Approve Tab K as stated above and authorize the

Chairman to sign Resolution 2010-125.

Maker:    Commissioner Johnson    

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Finance, OMB, County Manager

 

 

CONSENT ITEM(S):

RS100809 – 6:38:10  (Tab L) Approve Board minutes from the regular session held on July 12 and July 14, 2010.

 

Motion:   Approve Tab L as presented.

Maker:    Commissioner Holloway   

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Clerk Staff

 

 

REGISTER:

The Chairman signed the register for the following warrants: Warrant Nos. 169991 thru 170084 dated 7-27-10 for a register total of $119,457.81; Wire Transfer No. 658054 dated 7-22-10 for a register total of $5,788.65; Wire Transfer No. 181 and No. 677734 dated 7-23-10 for a register total of $255.75; Wire Transfer No. 182 dated 7-29-10 for a register total of $100.00; Warrant Nos. 170085 thru 170186 dated 7-30-10 for a register total of $259,309.11; Warrant Nos. 170187 thru 170270 dated 8-3-10 for a register total of $461,379.62; Warrant Nos. 170121 thru 170282 dated 8-5-10 for a register total of $9,831.36; and Warrant Nos. 170283 thru 170391 dated 8-6-10 for a register total of $129,731.71.

 

RS100809 – 6:39:35 Recess.

 

 

NON-QUASI-JUDICIAL PUBLIC HEARING(S):

RS100809 – 6:59:51  (Tab M) Consider a Resolution, Pursuant to Ordinance No. 2009-05, Finding that it is in the Best Interest of the Citizens of Nassau County, Florida, to Lease the Fernandina Beach Shrine Club Real Property Being the Premises Located at 1015 South 14th Street in Fernandina Beach, Florida and authorize the Chairman to sign Contract No. CM1651 regarding same.

 

Motion:   Open floor to public discussion.

Maker:    Commissioner Boatright

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

 

Discussion: Clyde Davis, attorney for the Fernandina Beach Shrine Club, came forward to review the history of the property and provided a background regarding the Shrine organization and the Shrine hospitals.

 

Public Input: Joseph Graves, and Jack Love, Shine members, came forward to speak in favor of the lease agreement. Mr. Graves spoke regarding the benefits that the organization provides; the potential use for the facility; and fundraisers. Mr. Love discussed his personal experience with the Shrine organization.

 

Mr. Hallman reviewed technical items that needed to be incorporated into the agreement as follows: page 1 – (1) Under Term, add commence date of “August 9, 2010”, add “five” as the term period; add end date of “August 9, 2015”, and add “five-years” as the renewal period; (2) under Leased Premises, add “1015” as the address number; (3) under Rent/Reservation and Security Deposit, add August 9, 2010 as the date rent for premises shall commence.

 

The group discussed various language in the lease agreement; usage of the facility, and an issue regarding the use of alcohol at the facility. Mr. Hallman commented that unless otherwise provided in this lease, private social actives, as long as there not inconsistent with state law, would be permissible.

 

Motion:   Close floor to public discussion.

Maker:    Commissioner Holloway

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.

 

 

Discussion: As a member of the Shrine Organization Commissioner Boatright questioned a conflict of interest; however, the County Attorney had discussed this issue prior to the meeting and concluded that there would not be a conflict of interest for him or Commissioner Leeper.   

 

Motion:   Approve and authorize the Chairman to sign

          Resolution, Pursuant to Ordinance No. 2009-05,

Finding that it is in the Best Interest of the Citizens of Nassau County, Florida, to Lease the Fernandina Beach Shrine Club Real Property Being the Premises Located at 1015 South 14th Street in Fernandina Beach, Florida and authorize the Chairman to sign Contract No. CM1651 regarding same. The agreement will include technical items earlier as stated by the County Attorney.

Maker:    Commissioner Boatright  

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: County Attorney, County Manager, Clerk Staff

 

 

COUNTY MANAGER BUSINESS:

RS100809 – 7:29:11 Mr. Selby mentioned that he e-mailed the Commissioners a memo today regarding new travel policies and procedures and also advised the news media.

 

DISCUSSION ITEMS:  

RS100809 – 7:31:28 Commissioner Leeper’s Business:

 

  • Update regarding his attendance at the Elm Street Little League Banquet. The league thanked the Board for their support.

 

Request:  County Attorney’s office to prepare a resolution supporting Observance of “Spirit of ’45 Day” (National Day of Remembrance Commemorating the End of World War II) and bring back to the Board on August 11, 2010.

 

 

RS100809 – 7:30:08 Commissioner Johnson’s Business:

 

  • Provided an update regarding Nassau County night at the Jacksonville Suns game.

 

  • Advised that the Board received a picture of the Fernandina Beach Sting Rays Swim Team and thanked the Board for their donation.

 

Request:  County Manager to research ongoing issue regarding personal belongings left on the beach.

 

 

RS100809 – 7:33:09 Commissioner Boatright’s Business:

 

  • Provide an update regarding the St Marys River Water Management Committee meeting.

 

 

RS100809 – 7:34:20 Commissioner Holloway’s Business:

 

  • County Manager and County Attorney provide an update regarding the possible sale of County owned property in Bryceville.

 

Request:  County Attorney to meet with Growth Management Director to review the status of the property and bring back to the Board.

 

 

RS100809 – 7:36:26 Chairman Boyle’s Business:

 

  • Advised that on August 19, 2010 he would be sworn in as the president of Florida Regional Council Association for the State of Florida.

 

 

There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 7:37 p.m.

 

 

 

_____________________________

Michael H. Boyle, Chairman

 

 

Attest:

 

 

 

____________________________

John A. Crawford, Ex-Officio Clerk