Nassau County Board of County Commissioners
Executive Closed Session, December 13, 2010, 3:30 p.m.
Regular Session, December 13, 2010, 6:00 p.m.
Commission Chambers, 96135 Nassau Place, Yulee, Florida
EXECUTIVE CLOSED SESSION
Call to Order.
Commissioners:
Present: Chairman Walter J. Boatright, Commissioners Daniel B. Leeper, Steve W. Kelley, Stacy T. Johnson, and Barry V. Holloway.
Others Present: David A. Hallman, County Attorney; Ted Selby, County Manager; and Brenda Linville, Deputy Clerk, representing the Clerk’s office.
EC101213 – 3:35:54 Executive Closed Session:
The County Attorney announced it was time to hold an executive closed session pursuant to Florida Statutes, Section 286.011(8), to discuss settlement negotiations and/or litigation strategy related to expenditures therein in the case of SEDA Construction Company, a Florida corporation, plaintiff, vs. Nassau County, Florida, a public body, defendant (Case No. 10-CA-294). The persons attending will be: Daniel B. Leeper, Steve W. Kelley, 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; Emily Murphy, Assistant County Attorney; Ted Selby, County Manager, and a court reporter. There will be no pause in the proceedings or discussion of matters not related to this issue.
Motion: To close the meeting.
Maker: Commissioner Holloway
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
The Deputy Clerk turned off the recording device, locked the doors, and exited the room. The meeting continued in closed session.
EC101213 – 4:02:11 The meeting reconvened in open session. There were no motions made as a result of the closed session.
EC101213 – 4:02:25 Executive Closed Session:
The County Attorney announced it was time to hold an executive closed session pursuant to Florida Statutes, Section 286.011(8), to discuss settlement negotiations and/or litigation strategy related to expenditures therein in the case of John L. Williams and Janet F. Williams, plaintiff, vs. Nassau County, Florida, Crystal Gail Amburgey, David Amburgey, and Gregory Raymond Fountain, ET AL., defendants, Case No. 04-CA-341. The persons attending will be: Daniel B. Leeper, Steve W. Kelley, 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; Emily Murphy, Assistant County Attorney; Ted Selby, County Manager, and a court reporter. There will be no pause in the proceedings or discussion of matters not related to this issue.
Motion: To close the meeting.
Maker: Commissioner Leeper
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
The Deputy Clerk turned off the recording device, locked the doors, and exited the room. The meeting continued in closed session.
EC101213 – 4:35:10 The meeting reconvened in open session. There were no motions made as a result of the closed session.
Motion: Adjourn the executive closed meeting.
Maker: Commissioner Leeper
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
REGULAR SESSION
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, Stacy T. Johnson, and Barry V. Holloway.
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 Director; Scott Herring, Public Works Director; Walter Fufidio, Planning Director; and representing the Clerk’s office Brenda Linville, Deputy Clerk.
Official Agenda Summary:
Audience Input:
RS101213 – 6:06:28 Richard Bonner, Engineer for the Nassau Soil and Water Conservation District, and Dean Woehrle came forward to request financial support for the Lake Hampton Spillway Repair. Discussion followed.
Request: County Attorney to meet with the Public Works Director regarding the Lake Hampton Spillway Repair and bring back a recommendation to the Board on December 15, 2010.
RS101213 – 6:14:51 Discuss the moratorium of Impact Fees expiring December 31, 2010.
Chris Hagan, Northeast Florida Builders Association, came forward to discuss permit data for Duval, Nassau, St. Johns, Clay counties, and requested that the Board continue the moratorium on Impact Fees. Mike Herzberg, Northeast Florida Builders Association, came forward to provide a presentation regarding Development Fees.
Commissioner Leeper suggested establishing a Task Force Committee. (See Attachment “A”)
Commissioner Kelley suggested that Mr. Hagan and Mr. Herzberg provide their presentation to the Nassau County School Board too. He mentioned having two School Board members on the Task Force Committee.
Motion: Approve (1) creating a Task Force Committee
consisting of eleven members, County Manager as staff liaison, and Commissioner Leeper as Board Ex-Officio member to evaluate Impact Fees and Concurrency; and (2) suspending collection of Impact Fees until December 31, 2011.
Maker: Commissioner Leeper
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Building Department, Growth Management, County
Attorney, County Manager, Finance, OMB
PRESENTATIONS(S):
RS101213 – 6:33:34 (Tab B) Mac Noden, Vision into Action (VIA) Committee re: Quarterly Report.
Discussion: Mr. Noden appeared before the Board to present quarterly status update. Discussion followed.
CONSENT ITEMS:
RS101213 – 6:45:08 (Tab C) Approve a Resolution authorizing the execution of the agreement with the State of Florida Department of Transportation (FDOT), regarding the maintenance of roundabouts located on A1A at Amelia Island Plantation; and authorize the Chairman to sign Contract No. CM1708.
RS101213 – 6:45:08 Upon the request of the Clerk, the following is a verbatim:
Chairman Boatright: Under the consent items, we have pulled Tab C at the request of the Clerk’s office, so let’s go ahead and take care of that one. Tab C, consider a Resolution authorizing the execution of the agreement with the State of Florida Department of Transportation (FDOT), regarding the maintenance of roundabouts located on A1A at Amelia Island Plantation; and authorize the Chairman to sign Contract No. CM1708. Commissioner Kelley.
Commissioner Kelley: This is the first time I dealt with any consent items, but I am glad that you pulled it. I did have some questions. I actually did read this long, boring contract. I was surprised to find out that the roundabouts ultimately are our sole responsibility to pay for the maintenance and upkeep for these roundabouts and these roundabouts are on State highways. How did that happen? I don’t know who answers that question.
Chairman Boatright: That would be our County Engineer.
Commissioner Kelley: Oh, okay.
Scott Herring: Thank you, Mr. Chairman. Commissioner Kelley, what we are paying for are enhancements above and beyond what the Department of Transportation would normally put in; i.e., the landscaping, irrigation, things like that. We have a separate agreement with the Amelia Island Plantation Community Association, where they will actually do this, but the Department of Transportation has changed their criteria and they would prefer to enter into an agreement with us as opposed to a non-governmental entity. So that is why I believe at a previous meeting where the Board entered into that agreement with the Amelia Island Property Association for them to pass through. And should they fail, we’ll just remove everything and get it back to a state where DOT would take it back for maintenance.
Commissioner Kelley: A man after my own heart. Thank you, sir.
Chairman Boatright: Commissioner Leeper.
Commissioner Leeper: I’m sorry, I may have yielded the clerk, I think. Did you say the Clerk’s office pulled this?
Chairman Boatright: They just asked that we pull this separately and discuss it.
Commissioner Leeper: Oh, okay.
Commissioner Holloway: You mean pull it from the agenda?
Chairman Boatright: No, no, no. I meant pull from consent items. I’m sorry if I was misconstrued.
Commissioner Leeper Mr. Crawford: I know my memory is slipping, but I’m really struggling over here with that one.
Commissioner Kelley: Mr. Chairman, we just need to say what you mean.
Chairman Boatright: No. Mr. Knaga and Mr. Greeson were with us on Thursday and they just said they would rather that not be in the consent items, so we could bring it up for discussion. Commissioner Leeper.
Commissioner Leeper: I just did… if you remember I asked Mr. Herring… we talked about this at the last meeting or meeting before about maintenance agreement and I asked a question, no additional cost to the County and that was zero. I remember you saying that, so I just wanted to clarify, this is just an agreement with Florida Department of Transportation and there is no additional cost to Nassau County.
Scott Herring: No additional cost to Nassau County. This only covers the ones at the Plantation. The new one that’s going on Gerbing Road, were not including that as part of that, because we are still negotiating on that. It’s strictly as I said the Plantation’s responsibility to take care of them. Should they not, we will get them back to a situation and FDOT will take them back.
End Verbatim.
Motion: Approve Tab C as stated above.
Maker: Commissioner Johnson
Second: Commissioner Holloway
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Finance, OMB, Engineering Services, County
Manager
RS101213 – 6:49:04 (Tab D) Approve a Resolution Authorizing and Permitting Lonnie Crews Area as County Roadways Upon Which a Golf Cart May be Operated.
Motion: Approve Tab D as stated above and authorize the
Chairman to sign Resolution 2010-183 regarding same.
Maker: Commissioner Leeper
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Engineering Services, County Manager
RS101213 – 6:49:04 (Tab E) Approve and authorize the Chairman to sign agreements with the following for Professional Surveying Services: (1) Manzie and Drake Land Surveying, Contract No. CM1584; (2) King Engineering Associates, Inc., Contract No. CM1583; and (3) DRMP, Contract No. CM1586.
Motion: Approve Tab E as stated above.
Maker: Commissioner Leeper
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Finance, OMB, Engineering Services, County
Manager
RS101213 – 6:49:04 (Tab F) Approve and authorize the Chairman to sign agreements with the following for Professional Engineering Services: (1) Gillette and Associates, Inc., Contract No. CM1688; and (2) Connelly and Wicker, Inc., Contract No. CM1692.
Motion: Approve Tab E as stated above.
Maker: Commissioner Leeper
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Finance, OMB, Engineering Services, County
Manager
RS101213 – 6:49:04 (Tab G) Authorize the Chairman to sign the issuance of a Certification of Public Convenience and Necessity to Liberty Ambulance Service for non-emergency, non-911 calls for service, except as requested by Nassau County Fire Rescue.
Motion: Approve Tab E as stated above.
Maker: Commissioner Leeper
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Fire/Rescue, County Manager
RS101213 – 6:49:04 (Tab H) Authorize the Chairman to sign the Equal Employment Opportunity Plan short form, as required by the United States Department of Justice Program for grant compliance.
Motion: Approve Tab E as stated above.
Maker: Commissioner Leeper
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Human Resources Department, County Manager
RS101213 – 6:49:04 (Tab I) Approve Finance Package 2011-06 and associated Resolutions.
Motion: Approve Tab E as stated above. (See Attachment
“B”)
Maker: Commissioner Leeper
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Finance, OMB
REGISTER:
The Chairman signed the register for the following warrants: Warrant Nos. 173672 thru 173674 dated 12-9-10 for a register total of $11,025.06; Warrant Nos.173675 thru 173806 dated 12-10-10 for a register total of $1,816,152.80; and Warrant Nos. 173807 thru 173808 dated 12-10-10 for a register total of $1,251.28.
OLD BUSINESS:
RS101213 – 6:50:22 (Tab J) Continue discussion regarding right-of-way access for Ms. Barbara Lewis for property located on Holloway Lane in Callahan.
Motion: Approve staff recommendation to declare all of
County owned property 51-2N-25-0000-0043-0000 as right-of-way for Holloway Lane for the purposes of providing access to Ms. Lewis’ property, and the driveway on Ms. Lewis’ property be located on the eastern boundary of her property.
Maker: Commissioner Johnson
Second: Commissioner Holloway
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Engineering Services, County Attorney, County
Manager
RS101213 – 6:54:09 Recess.
RS101213 – 7:57:33 (Tab K) Approve appointment of an At-Large Representative for District Two to the Planning and Zoning Board.
Motion: Approve to reappoint Wayne Arnold as an At-Large
Representative for District Two to the Planning and Zoning Board.
Maker: Commissioner Kelley
Second: Commissioner Holloway
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Growth Management, County Manager
RS101213 – 7:58:40 Continue discussion regarding potential dates for the Station 60 groundbreaking ceremony.
Discussion: Mr. Selby commented that staff intends to bring back dates at the December 15, 2010 meeting.
NEW BUSINESS:
RS101213 – 7:59:09 (Tab L) Release final retainage to Florida Roads Contracting for completion of the widening and sidewalk improvements for a portion of Miner Road from Hickory Village north to the realigned portion of Miner Road in the amount of $16,571.91. Funding source(s) 41153541-563100 M54A, 63330541-563100 M54A, 63331541-563100 M54A, 63470541-563100 M54A, and 63470541-563440 M54A.
Motion: Approve Tab L as stated above.
Maker: Commissioner Johnson
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Finance, OMB, Engineering Services, County
Manager
RS101213 – 8:00:47 (Tab M) Approve a Resolution Repealing Resolution No. 2005-167, as Amended by Resolution No. 2007-87; and Re-Establishing a Resolution, Pursuant to Florida Statutes, Chapter 112, for Guidelines for Reimbursement Rates for Travel While on County Business; Providing an Effective Date.
Discussion: The group discussed minor concerns regarding submitting the beginning and ending odometer readings, and the reimbursement rates for meal allowances. Mr. Hallman responded to inquiries regarding the Constitutional Officers abiding by said resolution and Commissioner travel.
Motion: Approve Tab M as stated above and authorize the
Chairman to sign Resolution 2010-214 regarding same.
Maker: Commissioner Holloway
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Manager, Finance, OMB
NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS101213 – 7:02:04 (Tab N) Approve a Resolution Approving the Issuance by the Brevard County Housing Finance Authority, Individually, or Jointly With Another Florida Housing Finance Authority or Solely by Such Other Florida Housing Finance Authority of Not to Exceed $50,000,000 Single Family Mortgage Revenue Bonds, to be Issued for the Principal Purpose of Financing the Purchase of Single-Family, Owner-Occupied Homes for Persons of Moderate, Middle, or Lesser Income Within the Authority’s Area Operation, Including Nassau County, Florida; and Providing an Effective Date.
Motion: Open floor to public discussion.
Maker: Commissioner Leeper
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Discussion: Mr. Hallman briefly reviewed the request.
No Public Input.
Motion: Close floor to public discussion.
Maker: Commissioner Holloway
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Motion: Approve Tab N as stated above and authorize the
Chairman to sign Resolution 2010-211 regarding same.
Maker: Commissioner Holloway
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Attorney, Finance, OMB, County Manager
NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS101213 – 7:06:19 (Tab O) Approve a Resolution Electing to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessment Levied Within the Incorporate and Unincorporated Areas of the County; Stating the Need for Such Levy; Providing for the Mailing of This Resolution; and Providing for an Effective Date.
Motion: Open floor to public discussion.
Maker: Commissioner Leeper
Second: Commissioner Holloway
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Motion: Close floor to public discussion.
Maker: Commissioner Leeper
Second: Commissioner Holloway
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Motion: Approve Tab O as stated above and authorize the
Chairman to sign Resolution 2010-212 regarding same.
Maker: Commissioner Leeper
Second: Commissioner Holloway
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Finance, OMB, County Manager, County Attorney
NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS101213 – 7:09:52 (Tab P) Approve an Ordinance Rescinding Ordinance No. 84-13, as Amended, Known as the Nassau County Floodplain Ordinance; and Adopting the New Provisions for Floodplain Management Regulations; and Providing an Effective Date.
Motion: Open floor to public discussion.
Maker: Commissioner Johnson
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Discussion: Robert McKinney, Building Official, reviewed the request.
Motion: Close floor to public discussion.
Maker: Commissioner Johnson
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Discussion: The group discussed the optional items in the ordinance; issue with Section B, Finding of Facts (1); and re-building along the coastline or any other area.
Motion: Approve Tab P as stated above to include in
Exhibit “A” the first option on page 9; remove the options on pages 21 (b) and 26 (d); and change on page 1 Section (b), Finding of Facts (1), before result add “may”, and authorize the Chairman to sign Ordinance 2010-14 regarding same.
Maker: Commissioner Johnson
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Building Department, County Manager
NON-QUASI-JUDICIAL PUBLIC HEARING(S):
RS101213 – 7:29:02 (Tab Q) Continue consideration of an Ordinance Amending Ordinance No. 97-14, as Amended by 2005-22, Known as the Right-of-Way Usage Ordinance; Specifically Amending Section 4, Prohibited Acts; Section 5, Uses for Which Permits Shall Not Be Issued; Section 6, Permitted Uses; Section 7, Permit Procedures; Section 8, Appeal Process; Providing an Effective Date.
Motion: Continue consideration of Tab Q to February 28,
2011 at 7:00 p.m.
Maker: Commissioner Holloway
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Attorney
QUASI-JUDICIAL PUBLIC HEARING(S):
RS101213 – 7:30:32 (Tab R) Approve Site Plan application SP08-025, Hampton Inn, filed by Nassau Property, LLC, owner, and Gillette and Associates, agent for owner, to construction a 62,408 square foot, 3-story, 110-room hotel. Property is zoned as Commercial Highway Tourist and is located on the northeast quadrant of SR200/A1A and I-95.
Commissioners Ex-parte Communications:
RS101213 – 7:30:40 None.
Documents Submitted For the Record:
RS101213 – 7:31:04 Staff report dated November 16, 2010; application for site plan approval; e-mail from Jason Gregory, Technical Services Department, to Mark Peters, Gillette and Associates, dated December 1, 2009; aerial map; deed to Florida Department of Transportation for additional right-of-way; and Engineering Design received November 12, 2010.
Motion: Accept documents into the record as stated above.
Maker: Commissioner Holloway
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Growth Management
Waive Presentation:
RS101213 – 7:31:33 Michael S. Mullin, attorney with Rogers Towers on behalf of the applicant, came forward to waive presentation and reserve the right for rebuttal.
Deputy Clerk swore in staff to provide testimony.
Motion: Open floor to public discussion.
Maker: Commissioner Holloway
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Discussion: Mr. Fufidio reviewed the request.
No Audience Input.
Discussion: Mr. Gillette came forward and was sworn in to respond to inquiries regarding fire hydrants; timing for the roundabout; improvement in the right-of-way; and location of the entrance to the hotel.
Motion: Close floor to public discussion.
Maker: Commissioner Holloway
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Motion: Approve, based upon competent substantial
evidence in the record, Tab R as stated above.
Maker: Commissioner Holloway
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Growth Management, County Manager
QUASI-JUDICIAL PUBLIC HEARING(S):
RS101213 – 7:43:26 (Tab S) Continue consideration of a Resolution Constituting the Third Amendment to the Development Order for the Fernandina Beach International Tradeplex Development of Regional Impact (DRI); Specifically Amending the Development Order to a Previously Approved Development of Regional Impact Pursuant to Notification of a Proposed Change (NOPC) filed by Morris and Lee, Inc/DBA Science First, and Dated October 6, 2010; Amending Map H to Add 75,000 Square Feet of Warehouse and Office to the Science First Parcel; Finding That This Change Does Not Constitute a Substantial Deviation From the Originally Approved DRI Development Order, as Amended; and Providing an Effective Date. (See Attachment “C” for verbatim)
Commissioners Ex-parte Communications:
RS101213 – 7:44:16 Commissioner Johnson responded she had a conversation with Ron Flick, agent for the applicant. Commissioners Leeper, Kelley, Holloway, and Boatright advised they have had no communications.
Waive Presentation:
RS101213 – 7:44:55 Mr. Flick came forward to waive presentation pending comments or questions from staff.
Documents Submitted For the Record:
RS101213 – 7:44:33 Agenda request; Department of Community Affairs Form RPM-BSP-PROPCHANGE-1; and Letter from the Florida Department of Transportation to Ed Lehman, Director of Planning and Development for the Northeast Florida Regional Council, dated October 19, 2010.
Motion: Accept documents into the record as stated above.
Maker: Commissioner Holloway
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Growth Management
Motion: Open floor to public discussion.
Maker: Commissioner Holloway
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Discussion: Mr. Fufidio commented that this matter has been continued from November 22, 2010 and reiterated that it is only because the applicant has agreed to a longer time period that the Board was able to extend the statutory sixty day decision timeframe that is provided to each unit of government by the statute. He reviewed the request.
The group discussed protecting the SIS corridor; transfer of trips; and the deviation from the originally approved Development of Regional Impact Development Order.
Mr. Flick came forward and was sworn in to clarify that Science First has already acquired two companies and the idea is for a more centralized system, and that is why there is substantially more storage and warehouse space.
No Public Input.
Motion: Close floor to public discussion.
Maker: Commissioner Johnson
Second: Commissioner Holloway
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Motion: Approve, based upon competent substantial
evidence in the record, Tab S as stated above and authorize the Chairman to sign Resolution 2010-213 regarding same.
Maker: Commissioner Johnson
Second: Commissioner Holloway
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Attorney, County Manager, Growth
Management
COUNTY MANAGER BUSINESS:
RS101213 – 8:11:36 Informational Only:
- County Manager approved an emergency purchase on November 29, 2010, for traffic signal cabinet replacement at SR200/A1A and I-95. (payable to Traffic Control Devices, Inc. in the amount of $20,463.75)
- County Manager approved an emergency purchase order on December 6, 2010, for repairs to Engineer 70 for Fire/Rescue. (payable to Diesel Powerhouse in the amount of $6,300.93)
Discussion: Mr. Selby advised that the two informational items were emergency purchases he needed to authorize. He is bringing to the Board pursuant to the County’s Purchasing Policy.
EXPANSION ITEMS:
RS101213 – 6:04:53 (1) Schedule a joint meeting with the Nassau County School Board; and (2) Schedule an executive closed session for December 15, 2010 at 9:00 a.m. or as soon thereafter as the matter may be heard, pursuant to Florida Statutes, 286.011(8), to discuss settlement negotiations and/or litigation strategy related to expenditures therein in the case of the Department of Community Affairs, State of Florida, Division of Administrative Hearings, petitioner vs. Nassau County, Florida, a political subdivision of the State of Florida, respondent, Docket No. 10-2ER-NOI-4501-(A) (I)-(N); Case No. 10-010520GM. The persons attending will be: Daniel B. Leeper, Steve W. Kelley, Stacy T. Johnson, Barry V. Holloway, and Walter J. Boatright, collectively known as the Board of County Commissioners; David A. Hallman, County Attorney; Emily Murphy, Assistant County Attorney; Ted Selby, County Manager, and a court reporter.
Motion: Expand the meeting to consider two (2) items as
stated above.
Maker: Commissioner Holloway
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Manager, County Attorney
RS101213 -_8:10:38 Expansion Item #1: Schedule a joint meeting with the Nassau County School Board.
Request: County Manager to take joint meeting date of January 25, 2011 at 6:00 p.m. to the Nassau County School Board.
RS101213 -_8:08:33 Expansion Item #2: Schedule an executive closed session for December 15, 2010 at 9:00 a.m. or as soon thereafter as the matter may be heard, pursuant to Florida Statutes, 286.011(8), to discuss settlement negotiations and/or litigation strategy related to expenditures therein in the case of the Department of Community Affairs, State of Florida, Division of Administrative Hearings, petitioner vs. Nassau County, Florida, a political subdivision of the State of Florida, respondent, Docket No. 10-2ER-NOI-4501-(A) (I)-(N); Case No. 10-010520GM. The persons attending will be: Daniel B. Leeper, Steve W. Kelley, Stacy T. Johnson, Barry V. Holloway, and Walter J. Boatright, collectively known as the Board of County Commissioners; David A. Hallman, County Attorney; Emily Murphy, Assistant County Attorney; Ted Selby, County Manager, and a court reporter.
Motion: Approve expansion item 2 as stated above.
Maker: Commissioner Holloway
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Attorney
DISCUSSION ITEMS:
RS101213 – 8:23:05 Commissioner Leeper’s Business:
- Requested that everyone remember the Mixon Family.
- Provided a brief update regarding the Florida Transportation Planning Organization (TPO) meeting.
RS101213 – 8:12:24 Commissioner Johnson’s Business:
Motion: Authorize the County Attorney to enter a
Declaratory Judgment in the court system for Christine Clark. In the judgment request that the Clarks should receive vested concurrency rights which, they should have had with the Planned Unit Development (PUD) back when it was in place, but needs to be in a way that it does not prejudice any other property owners in the area and would like for it to have an expiration date.
Maker: Commissioner Johnson
Second: Commissioner Kelley
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Attorney
Motion: Approve clarification regarding motion made on
December 8, 2010 to appoint Commissioner Kelley to the Local Disadvantage Transportation Board instead of the Health Planning Council of Northeast Florida.
Maker: Commissioner Johnson
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Commissioner Kelley, County Manager
- Thanked the Commissioners that attended that Yulee Holiday parade and Connie Daughtry and all the volunteers for their hard work.
RS101213 – 8:21:41 Commissioner Holloway’s Business:
- Received notification that trees are being removed from the Fire Station 60 property.
- Provided a report regarding insurance to the County Manager and Office of Management and Budget that he received when he attended the Florida Association of Counties Trust (FACT) meeting.
RS101213 – 8:23:33 Chairman Boatright’s Business:
- Update regarding the Yulee Holiday Festival parade.
- Concurs with Commissioner Leeper’s thoughts about the Mixon Family.
- Noted that there was discussion in the newspaper (not identified) regarding digital billboards and signs in Duval County.
There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 8:25 p.m.
_____________________________
Walter J. Boatright, Chairman
Attest:
____________________________
John A. Crawford, Ex-Officio Clerk
ATTACHMENT “B”
Finance Package 2011-06:
Budget Transfer(s):
- In the General Fund in the amount of $1,183.00 for adjustment to the Mental Health County Grant for actual amount remaining at September 30, 2010.
- In the General Fund in the amount of $63,671.00 for Supervisor of Elections Life, Health, and Workers’ Compensation to be paid by the Board and adjusting for grant balance.
- In the General Fund in the amount of $63,671.00 for Supervisor of Elections Life, Health, and Workers’ Compensation to be paid by the Board and adjusting for grant balance.
- In the General Fund in the amount of $90,898.00 to adjust budget for project #DRAIP Drainage District 5 and partially adjust the Level and Overlay project #L&O based upon cash forward calculations.
Resolution(s):
- Resolution 2010-184, regarding budget amendment in the General Fund in the amount of $14,155.00 for carried forward cash in excess of what was budgeted for 2010/11 to be utilized for purchase orders carried forward and improvements for James S. Page Governmental Complex.
- Resolution 2010-185, regarding budget amendment in the General Fund in the amount of $75,345.00 for carried forward cash in excess of what was budgeted for 2010/11 to be utilized for purchase orders carried forward, improvements, and equipment for the Nassau County Detention Center.
- Resolution 2010-186, regarding budget amendment in the General Fund in the amount of $14,453.00 for carried forward cash in excess of what was budgeted for 2010/11 designated for recreation related capital project and professional services.
- Resolution 2010-187, regarding budget amendment in the General Fund in the amount of $20,302.00 for carried forward cash in excess of what was budgeted for 2010/11 for each District’s Discretionary Accounts.
- Resolution 2010-188, regarding budget amendment in the General Fund in the amount of $980.00 for a remaining grant administration balance on the reimbursable CDBG Grant in excess of the amount budgeted for 2010/11.
- Resolution 2010-189, regarding budget amendment in the General Fund in the amount of $22,600.00 for carried forward cash in excess of what was budgeted for 2010/11 designated for Rescue’s open purchase orders and EMS week donations.
- Resolution 2010-190, regarding budget amendment in the General Fund in the amount of $15,486.00 due to receiving the balance of the reimbursable Emergency Management Performance Supplemental Grant in Fiscal Year 2010/2011.
- Resolution 2010-191, regarding budget amendment in the General Fund in the amount of $392.00 due to receiving the balance of the Small County Courthouse Facilities Grant in 2010/11.
- Resolution 2010-192, regarding budget amendment in the General Fund in the amount of $8,328.00 for carried forward cash in excess of what was budgeted for 2010/11 designated for Crime Prevention.
10.Resolution 2010-193, regarding budget amendment in
the General Fund in the amount of $588.00 due to a
remaining balance on the reimbursable ARRA-Forest
Health Improvement Initiative Grant.
11.Resolution 2010-194, regarding budget amendment in
the County Transportation Fund in the amount of
$15,629.00 for carried forward cash in excess of what
was budgeted for 2010/11.
12.Resolution 2010-195, regarding budget amendment in
the County Transportation Fund in the amount of
$24,975.00 for carried forward cash in excess of what
was budgeted for 2010/11.
13.Resolution 2010-196, regarding budget amendment in
the County Transportation Fund in the amount of
$12,623.00 for carried forward cash in excess of what
was budgeted for 2010/11 designated for Engineering
Department projects.
14.Resolution 2010-197, regarding budget amendment in
the County Transportation Fund in the amount of
$48,728.00 for carried forward cash in excess of what
was budgeted for 2010/11 for the Swallowfork drainage
improvements, project #SFORK.
15.Resolution 2010-198, regarding budget amendment in
the Municipal Services Fund in the amount of
$43,432.00 for carried forward cash in excess of what
was budgeted for 2010/11.
16.Resolution 2010-199, regarding budget amendment in
the Municipal Services Fund in the amount of
$4,404.00 for carried forward cash in excess of what
was budgeted for 2010/11 designated for the Animal
Control external kennel capital project.
17.Resolution 2010-200, regarding budget amendment in
the One Cent Surtax Fund in the amount of $172,861.00
for carried forward cash in excess of what was
budgeted for 2010/11 for the CR121 drainage project (aka Pope drainage project).
18.Resolution 2010-201, regarding budget amendment in
the Law Enforcement Training Fund in the amount of
$13,322.00 for carried forward cash in excess of what
was budgeted for 2010/11.
19.Resolution 2010-202, regarding budget amendment in
the Anti-Drug Fund in the amount of $34,695.00 for
carried forward cash in excess of what was budgeted
for 2010/11.
20.Resolution 2010-203, regarding budget amendment in
the 911 Operations and Maintenance Fund in the amount
of $94,194.00 for carried forward cash in excess of
what was budgeted for 2010/11.
21.Resolution 2010-204, regarding budget amendment in
the Impact Fee Fund in the amount of $693,655.00 for
carried forward cash in excess of what was budgeted
for 2010/11 for capital project previously approved
by the Board.
22.Resolution 2010-205, regarding budget amendment in
the Local Affordable Housing (SHIP) Fund in the
amount of $16,039.00 for carried forward cash in
excess of what was budgeted for 2010/11.
23.Resolution 2010-206, regarding budget amendment in
the SAIS Stabilization MSBU Fund in the amount of
$516,297.00 for carried forward cash in excess of
what was budgeted for 2010/11.
24.Resolution 2010-207, regarding budget amendment in
the Debt Service-Amelia Concourse Fund in the amount
of $3,834.00 for carried forward cash in excess of
what was budgeted for 2010/11.
25.Resolution 2010-208, regarding budget amendment in
the Capital Projects Fund in the amount of $21,633.00
for carried forward cash in excess of what was
budgeted for 2010/11.
26.Resolution 2010-209, regarding budget amendment in
the Capital Projects-CDBG Fund in the amount of
$19,483.00 for carried forward cash in excess of what
was budgeted for 2010/11 for the American Beach
Community Center.
27.Resolution 2010-210, regarding budget amendment in
the Grant Fund in the amount of $163,863.00 for
receiving the balance of the reimbursable CDBG-
Disaster Recovery Program Grant in Fiscal Year
2010/11 in excess of the amount budgeted.
Inventory Deletions/Changes:
Clerk IT Department, 05624, wireless router Cisco 440,
Serial No. FCC1140F08Z.
ATTACHMENT “C”
Verbatim Record BOCC December 13, 2010
7:43 p.m. – Tab S – Commissioner Johnson clarification regarding her motion as it relates to trip transfer
7:42:49 Chairman Boatright: Moving on to Tab S – continue consideration of a Resolution constituting the third amendment to the Development Order for the Fernandina International Tradeplex Development of Regional Impact specifically amending the Development Order to a previously approved DRI pursuant to notification of a proposed change filed by Morris and Lee, Inc. doing business as Science First, and …..
Commissioner Holloway: Now wait a minute now…(crowd laughter) (inaudible)
Chairman Boatright: I’m just reading the literature again… and dated October 6, 2010; amending Map H to add 75,000 square feet of warehouse and office to the Science First parcel; finding that this change does not constitute a substantial deviation from the originally approved DRI Development Order, as amended, and providing an effective date.
Commissioner Johnson: We still have to swear them in and do all that….
Mr. Hallman: You need it on?
Chairman Boatright: Well, I’m trying to read this here, Counselor. I know you’re in a hurry. You’re not getting paid by the hour. Staff housekeeping issues? Apparently, you got the house all in order, you ready to go, Walter?
Mr. Fufidio: No housekeeping issues, sir.
Chairman Boatright: Ex parte disclosures? Commissioner Holloway?
Commissioner Holloway: None.
Chairman Boatright: Commissioner Leeper?
Commissioner Leeper: No.
Chairman Boatright: Commissioner Kelly?
Commissioner Kelly: No.
Chairman Boatright: Commissioner Johnson?
Commissioner Johnson: Yes, Mr. Chairman, I did have a brief conversation with Mr. Flick at the Chamber luncheon the other day.
Chairman Boatright: And I have had none. Motion to accept what documents we have into the record? We have a motion by Commissioner Holloway and seconded by Commissioner Johnson. Let’s call the vote. Record the vote.
Ms. Linville: Five ayes, no nays.
Chairman Boatright: The applicant, do they wish to waive their presentation at this time?
Mr. Flick: They waive pending the comments or questions from staff.
Chairman Boatright: Okay, we need a motion to open the public hearing; made so by Commissioner Holloway; seconded by Commissioner Johnson. Any discussion? If not, call the vote. Record the vote.
Ms. Linville: Five ayes, no nays.
Chairman Boatright: We’ve opened the public hearing. Staff, can you be sworn in?
Mr. Fufidio: I’ve already been sworn.
Chairman Boatright: Okay.
Mr. Fufidio: I am under oath.
Chairman Boatright: Okay, now you can get the lights. There we go.
Mr. Fufidio: Thank you, David. First of all, I do want to point out that this matter has been continued from November 22nd and once again, I wish to reiterate that it’s only because the applicant has agreed to a longer time period that the Board was able to extend the statutory sixty-day decision timeframe that is given to each unit of local government by the Statute 380.06. This is, of course, the Science First parcel, A1A and Gene Lasserre. This is Blue Lynx here, Coastal Plastic, and the Science First parcel. Science First has, I think you are, of course, we’re all familiar with Science First. They’ve constructed their 25,000 square foot area here; relocated from Buffalo, New York. In the existing DRI development order, they have an additional 30,000 square feet. They have approached us and said that they need some additional square footage. When a unit of local government receives one of these Notices of Proposed Change (NOPC) to an existing DRI, Commissioners, you’re asked to make two determinations; the first is whether or not it’s a substantial deviation. Quite simply, what that means is is it the kind of change that rises to the level where this needs to go back for additional DRI review. And, I’m sorry we did not get this into your packet but it is kind of an important letter. And, it’s a letter that is addressed to me, actually, from the Northeast Florida Regional Planning Council signed by Ed Leyman, their Director of Planning. Let me just read the pertinent part, “Staff (meaning Regional Planning Council staff) recommends if Nassau County adopts the changes as proposed in the NOPC, that the proposed changes do not constitute a substantial deviation.” That is coming to you from the Regional Planning Council staff. “Your own staff in Growth Management has reviewed the criteria and also finds that this proposed change does not constitute a substantial deviation”. If you agree with us, then you pass that threshold; then the decision point becomes, “do you want to add this additional 75,000 square feet”? The DOT has written a letter which you do have in your backup expressing some concern about traffic on A1A. So, we talked to the applicant and we asked them just how many trips do you need? They said “what we need in this third phase addition is 70,000 square feet of warehouse, generally speaking, a low traffic generator; and, 5,000 square feet of office. So, we took those parameters and built them into the Resolution that is before you. And what that does, ladies and gentlemen, is it gives them what they want but it reduces to the maximum extent possible, these “ghost” trips. We all know that the roads are, in this particular link, it is at capacity; but, the problem is primarily caused by all of these ghost trips. So, we took a look at, we listened to DOT, we took a look at it, worked with the property owner; and, historically, a local government would just say “75,000 square feet of Industrial” but, in this case, we’ve actually capped the number of trips at 71 for the whole Science First, 71 PM Peak Hour trips for the entire Science First parcel. If you have any questions, I’ll take them now or as the public hearing progresses.
Chairman Boatright: Hold on a second, Walter. Commissioner Leeper.
Commissioner Leeper: Thank you, Mr. Chair. Walter, you addressed, I guess, the one concern I had about FDOT’s letter. It is a concern serving on the TPO that we protect the SIS corridor and I didn’t want to create any more adverse impact to that corridor when we’re trying to obtain funding. We have to help ourselves before someone else is going to help us; so, I want to know the assurance that FDOT is okay with this.
Mr. Fufidio: Let me offer you this…I had a lengthy, lengthy conversation with District Two FDOT and the way the conversation ended was as follows, the said it’s local government, especially in these tough economic times, is very enthusiastic about endorsing projects that will create economic development; and the word I got back was, “So is DOT. We, as a State agency, also are going to do whatever is necessary to promote economic development.” So, that is not a blank check, but I do believe because we’ve limited the trips and we’ve discussed this at some length with DOT, that they’re okay with it.
Chairman Boatright: Thank you. Commissioner Johnson.
7:51 Commissioner Johnson: First to follow up to Commissioner Leeper’s concerns, the loop road that you’ve heard so much about will tie into Gene Lasserre Boulevard there and I’ll be presenting that project to Secretary Mosley the first of the year; so, hopefully, that will show them that we are trying to look for some “out of the box” solutions to help ourselves in that area. With that being said, I spoke to Mr. Flick the other day and I just wanted to put on the record and make sure that we understood, this DRI is separate from the ordinance that this Board voted on to allow the transference of trips between Tradeplex East and West. So, this is separate. So, the trips that are given today to Science First will stay to Science First and they will not be able to be transferred to any other parcel in the Tradeplex. So, I just wanted that on the record because I know there’s some… it’s all in the Tradeplex, but it’s a little confusing when you get to the DRI or East or West. Just wanted to separate the two.
Chairman Boatright: Okay. Any further questions? Is the applicant…
Commissioner Kelly: I’ve got a question. I did click up. I had a hard time finding my mouse.
Chairman Boatright: Okay, there you go.
Commissioner Kelly: It’s always my understanding ‘tho that these…once they’re assigned to Science First, they will not be transferable, is that correct?
Mr. Fufidio: That is correct, Commissioner Johnson was absolutely right. There are some areas outside of the DRI proper in which, because it’s Industrial, there is an allowance to transfer trips. But, in this particular case, they’re assigned to that blue parcel, sir, and not transferable.
Commissioner Kelly: I had one other question. What was the first criteria you said in your presentation? The significant change?
Mr. Fufidio: The substantial deviation.
Commissioner Kelly: Substantial deviation.
Mr. Fufidio: That’s an old expression dating back to the early 1970’s in Florida.
Commissioner Kelly: I know it’s either something that and engineer or an attorney came up with, I’m sure. That means I have to define substantial. What you’re telling me, from what I saw, it sounds like a great project. I’m just getting educated. Right now, is the building 25,000 square feet?
Mr. Fufidio: Yes, sir, it is.
Commissioner Kelly: And, with project one is 30,000 and the other is 75,000. That’s 105,000 and 5,000 of it’s going to be office. That means that they’re going to go from 25,000 to 125,000.
Mr. Fufidio: That’s what…that’s what they’ve asked for. Yes, it is.
Commissioner Kelly: What’s the square footage before it reaches the threshold of whatever you said? Substantial? How much is “substantial”?
Mr. Fufidio: Fifteen percent increase in traffic; it does not….or, in the case of Industrial, 40 acres. Neither of those criteria…you’re not even close on either of them.
Commissioner Kelly: Not even close. All right, thank you.
(Swear in Mr. Flick)
Mr. Flick: Just to clarify that, as Science First relocation part of the Morris and Lee conglomerate is that they’re already in the process and they’ve already acquired two companies. The idea is they’ll have a more centralized systems. So, that’s way they’re a lot more storage and warehouse space than there would be office space. But, the idea is it gives them the ability to be able to continue on their technology acquisition game of what they’ve planned and they’ve already moved quite a bit, you know, to be buying the businesses in this day and time is a big league most of us don’t see very often.
Commissioner Kelly: Tell them to come down to my place, I want to talk to them. (Crowd laughter) I’m hoping they’ll take mine first, I’m just kidding.
Mr. Flick: Subject to any other questions.
Chairman Boatright: Thank you, Mr. Flick. Is there any members of the audience wish to speak for or against Tab S. If not….no rebuttal or any other remaining questions? None? We have a motion to close the public hearing by Commissioner Johnson, and a second by Commissioner Holloway. Any other discussion? If not, call the vote. Record the vote.
Ms. Linville: Five ayes, no nays.
Chairman Boatright: We’ve closed the public hearing. Any other Board deliberations? We have a motion by Commissioner Johnson and a second by Commissioner Holloway, based on competent and substantial evidence, that you approve Tab S. Correct? We have a motion and a second as stated. If no further discussion, let’s call the vote. Record the vote.
Ms. Linville: Five ayes, no nays.
Chairman Boatright: By your action, you have just created more jobs, Commissioners. Tab S. Thank you.