Nassau County Board of County Commissioners Executive Closed Session, July 26, 2010, 4:00 p.m.

Nassau County Board of County Commissioners

Executive Closed Session, July 26, 2010, 4:00 p.m.

Regular Session, July 26, 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 Brenda Linville, Deputy Clerk, representing the Clerk’s office.

 

 

EC100726 – 4:01:06  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.

 

 

EC100726 – 4:59:30 The meeting reconvened in open session. There were no motions made as a result of the closed session.

 

 

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: David A. Hallman, County Attorney; and Ted Selby, County Manager.

 

 

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

 

 

Official Agenda Summary:

 

Audience Input:

RS100726 – 6:01:29 Rob Weeks, representing Fernandina Beach Babe Ruth, came forward to seek financial support for the 15 and under all star team to attend the Southeast Regional Tournament in Matthews, North Carolina.

 

Motion:   Approve to expend $500.00 each from Districts 1

and 3; $250.00 each from Districts 4 and 5; and $400.00 from District 2 Discretionary Funds (Total $1,900.00) payable to Fernandina Beach Babe Ruth League, Inc. to help defray travel expenses for the team to participate in the Southeast Regional Tournament in Matthews, North Carolina.

Maker:    Commissioner Johnson    

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Finance, OMB, County Manager

 

 

RESOLUTION(S):

RS100726 – 6:09:09  (Tab A) Approve Resolution recognizing Cameron Jones for his recent act of bravery.

 

Discussion: Sam Young, Fire Chief, came forward to describe the events regarding the home fire on July 5, 2010.

 

Mr. Jones thanked the Board for the resolution.

 

Motion:   Approve Tab A as stated above.

Maker:    Commissioner Johnson    

Second:   Commissioner Holloway   

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Clerk Staff

 

 

PRESENTATIONS(S):

RS100726 – 6:14:05  (Tab B) James Bennett, Florida Department of Transportation, regarding parking issue on A1A/SR200.  

 

Discussion: Mr. Bennett came forward to discuss the resurfacing SR200 from I-95 to the Intercoastal Waterway project; SR200 and Blackrock Road Signal installation and the sidewalk to be constructed; Pages Dairy Road improvement from US Highway 17 to Felmore Road. Discussion followed.

 

 

FINANCIAL ITEMS:

RS100726 – 6:34:57  (Tab C) Consider the following: (1) approve list of top ranked firms for Bid No. NC10-010 for the Sheriff Administration Building Project as follows: Reynolds Smith and Hill, Inc.; Carter Goble Lee; CB Richard Ellis; and Pizzuti Companies; and (2) authorize the negotiating committee to receive presentations by each firm for final ranking. Funding source: 09213521-562000($801,699.00).

 

Discussion: Mr. Herring reviewed the request. The group discussed the mold issue at the Sheriff’s Administration Facility. Mr. Herring clarified that the request is not to approve any contracts.

 

Motion:   Approve Tab C as stated above.

Maker:    Commissioner Boatright  

Second:   Commissioner Holloway   

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Engineering Services, County Manager, Contract

 Management

 

 

OLD BUSINESS:

RS100726 – 6:39:35  (Tab D) Approve and authorize the Chairman to sign the Financial Action Form – Impact Fee Justification for the following Intersection Improvement Projects: Citrona Drive at Sadler Road; US301 at Sandy Ford Road; US301 at Ford Road; and US1 at Ratliff Road. Funding source(s): 41151541-5631000SRCD, 41155541-5631000 301SF, 41155541-563100 301FD, and 41155541-563100US1RR.

 

Discussion: Mr. Herring reviewed the request.

 

Motion:   Approve Tab D as stated above.

Maker:    Commissioner Leeper

Second:   Commissioner Boatright  

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Engineering Services Finance, OMB, County

           Manager, Contract Management

 

 

RS100726 – 6:40:10  (Tab E) Approve and authorize the Chairman to sign Work Authorization No. CM1583-WA04 with England-Thims and Miller, Inc., for Construction Engineering Services for the Citrona Drive at Sadler Road Intersection Improvement Project. Funding source: 41151541-563100 SRCD.

 

Motion:   Approve Tab E as stated above

Maker:    Commissioner Leeper     

Second:   Commissioner Boatright  

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Engineering Services Finance, OMB, County

           Manager, Contract Management

 

 

RS100726 –  6:41:33  (Tab F) Approve the following: (1) award Bid No. NC10-013 in the amount of $142,708.00 for the US301 at Ford Road Intersection Improvement Project; (2) award Bid No. NC10-014 in the amount of $177,821.00 for the Citrona Drive at Sadler Road Intersection Improvement Project; and (3) authorize the Chairman to sign Contract Nos. CM1603 and CM1604 with United Brothers Development.  Funding source(s): 41155541-5631000 301FD and 41151541-563100 SRCD.

 

Motion:   Approve Tab F as stated above.

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Engineering Services Finance, OMB, County

           Manager, Contract Management

 

 

NEW BUSINESS:

RS100726 – 6:42:41  (Tab G) Consider request from Gillette and Associates for a waiver of paving requirements for a medical office parking lot on 14th Street.

 

Discussion: Mr. Herring reviewed the request and discussion followed regarding the present parking situation at said location.

 

Motion:   Approve request from Gillette and Associates for

a waiver to provide a parking lot for medical office located on 14th Street.

Amend:    Include providing signage that parking lot is for

          “Employees Only”.

Maker:    Commissioner Holloway

Second:   Commissioner Johnson

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Engineering Services, County Manager

 

 

RS100726 – 6:54:59  (Tab H) Approve and authorize the Chairman to sign the Grant of Easement and Perpetual Maintenance Agreement for the County Road 121 Pond Restoration Project.

 

Discussion: Mr. Herring reviewed the request.

 

Motion:   Approve Tab H as stated above.

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Engineering Services, County Manager, Clerk

           Staff, Contract Management

 

 

RS100726 – 6:55:27  (Tab I) Award Bid No. NC10-002 to Wilbur Smith Associates, Inc., for Continuing Contract for Construction Engineering (CEI) Services and authorize the Chairman to sign Contract No. CM1582 regarding same.

 

Motion:   Approve Tab I as stated above.

Maker:    Commissioner Holloway   

Second:   Commissioner Boatright  

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Engineering Services, Finance, OMB, Contract

           Management, County Manager

 

 

RS100726 – 6:56:45 Recess.

 

 

REGISTER:

The Chairman signed the register for the following warrants: Wire Transfer No. 178 dated 7-1-10 for a register total of $100.00; Wire Transfer No. 179 dated 7-7-10 for a register total of $5,000.00; Warrant Nos. 169714 thru 169824 dated 7-16-10 for a register total of $807,466.31; Warrant Nos. 169825 thru 169882 dated 7-21-10 for a register total of $574,751.88; Warrant Nos. 169883 thru 169894 dated 7-22-10 for a register total of $9,806.39; Warrant Nos. 169895 thru 169989 dated 7-23-10 for a register total of $125,503.49; Wire Transfer No.180 dated 7-13-10 for a register total of $2,552.11; and Warrant No. 169990 dated 7-26-10 for a register total of $2,399.74.

 

 

NON-QUASI-JUDICIAL PUBLIC HEARING(S):

RS100726 – 7:02:51  (Tab J) Consider an Ordinance amending the Site Plan Review Procedures, Standards, and Timelines; Providing for a New Section 5.07 of the Land Development Code; Providing for Per-Application Meetings; Preliminary Binding Site Approval; Site Engineering Plan Approval and Permitting; Providing for Procedures, Time Limits, and Standards for Review; Amending Section 25.05(F) and 25.08 of the Land Development Code, Final Development Plans and Permits; Repealing Section 29.111 through 29-117 and 29-133 of the Code of Ordinances; Repealing Section 28.16, 28.16.1, and 28.16.3 of the Land Development Code; Amending Article 32 of Land Development Code Defining a Class IV Site Plan; Amending Sections 14.03, 16.01, and 28.09 of the Land Development Code that Reference Site Plan Review Procedures; Amending Section 37.02 to Refer to Revised Site Plan Classifications; Providing for Findings; Creating a New Section 28.19(5)(m) to Replace Section 28.16.3; Providing for Severability; Providing for Codification; and Providing an Effective Date.

 

Motion:   Open floor to public discussion.

Maker:    Commissioner Boatright

Second:   Commissioner Holloway

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

 

Discussion: Mr. Fufidio reviewed the request. Mr. Hallman commented, “whenever you legislate in this large a scale, it is to be expected that there will be fixes down the road”. Discussion followed.

 

No public input.

 

Motion:   Close floor to public discussion.

Maker:    Commissioner Boatright

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

 

 

Motion:   Approve Tab J as stated above and authorize the

          Chairman to sign Ordinance 2010-08 regarding same.

Maker:    Commissioner Holloway   

Second:   Commissioner Boatright  

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Growth Management, County Manager, County

           Attorney, Clerk Staff

 

 

NON-QUASI-JUDICIAL PUBLIC HEARING(S):

RS100726 – 7:13:14  (Tab K)  Consider an Ordinance Amending Alcoholic Beverage Restrictions for Vendors and Hours of Sale for Restaurants; Amending Section 33.01 of the Land Development Code; Providing for a New Section 33.01(G) Waiving Distance Between a Church and Vendor of Alcoholic Beverages Located Within an Approved Planned Unit Development (PUD) Subject to A1A Access Management Overlay District; Amending Chapter 4 of the Code of Ordinance; Providing for an Amendment to Section 4-8(d) Allowing Restaurants in Unincorporated Nassau County to Commence Serving Alcoholic Beverages at Noon on Sundays; Providing for Severability; Providing for Codification; and Providing an Effective Date. (Continued from a previous meeting)

 

Motion:   Open floor to public discussion.

Maker:    Commissioner Johnson

Second:   Commissioner Boatright

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

 

Discussion: Mr. Fufidio reviewed the request. Mr. Hallman clarified that staff is requesting Board direction as to how to proceed. He reviewed the options. A lengthy discussion ensued regarding the definition of a restaurant; how it affects municipalities; reasons for not supporting the ordinance; and creating fairness throughout the County. Mr. Hallman responded to an inquiry regarding whether one of the larger franchises could bring forth a fairness lawsuit.

 

Public Input: Jeff Moyler came forward to state that he felt it was not that big of a deal.

 

Motion:   Close floor to public discussion.

Maker:    Commissioner Leeper

Second:   Commissioner Boatright

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

 

Motion:   Send back to the Planning and Zoning Board Tab K

as stated above, including using the following definition for restaurant: “Restaurant shall mean the area or areas designated by the resort that have prepared for immediate consumption, and served and sold in that designated area and said designated area shall be licensed and authorized by the health department, or any establishment whose principal business is the sale of food to the consumer in a ready-to-consume state, and whose principal method of operation includes customers who are served foods or beverages by a restaurant employee at the same table or counter at which the items are consumed, and is licensed and authorized by the health department”.

Maker:    Commissioner Johnson    

Second:   Commissioner Boatright  

Action:   Aye: Commissioners Boyle, Johnson, and Boatright.           Nay: Commissioners Leeper and Holloway.

Follow Up: Growth Management, County Manager

 

 

NON-QUASI-JUDICIAL PUBLIC HEARING(S):

RS100726 – 7:48:56  (Tab L) Consider an Ordinance Amending the Nassau County Land Development Code, as Amended, Specifically Amending Section 3.05, Conditional Use and Variance Board; Providing an Effective Date.

 

Discussion: Mr. Hallman reviewed the request.

 

Motion:   Open floor to public discussion.

Maker:    Commissioner Boatright

Second:   Commissioner Johnson

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.

 

Discussion: Commissioner Johnson explained the reason for the ordinance, as well as an issue that developed at the Conditional Use and Variance (CU&V) Board meeting on July 22, 2010, made her realize the importance of having an advocate from each district on the Board. The group discussed the present members and the purpose for the amendment.    

 

Public Input: Mr. Moyler came forward to speak against the ordinance and voiced his concerns regarding accountability of the members.

 

Motion:   Close floor to public discussion.

Maker:    Commissioner Johnson

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.

 

Discussion: The group discussed concerns with various matters that come before the CU&V Board, and increasing the distance requirements for notifications.

 

Mr. Fufidio explained the reason for the Planning and Zoning Board’s recommendation of denial.

 

Commissioner Leeper expressed concern whether his future appointment would be allowed to serve on the CU&V Board if the ordinance is not approved. The County Attorney commented that he would need to research it further.

 

No Action was taken.

 

 

EXPANSION ITEMS:

RS100726 – 6:07:12 (1) Consider filling a vacant Equipment Operation I position for the Road and Bridge Department; (2) Detention Center Shower Repair Project: Change Order #3 in the amount of $33,385.00 and Change Order #4 in the amount of $29,419.00 to Warden Construction Corporation.  Possible Funding: Budget Transfer/Amendment – 09213521-562002; (3) Discuss possible workshop or special meeting concerning insurance renewals for Fiscal Year 2010/2011; (4) Discussion regarding cost of live-streaming Planning and Zoning Board meetings and workshops; (5) Accept Amelia Island Joint Local Planning Agency meeting date of August 10, 2010 at 6:00 p.m. at Fernandina Beach City Hall; (6) Approval for Board to waive the competitive purchasing requirement pursuant to Section 5.1 of the Purchasing Policy and approve to proceed with contracting with RCG Consulting, Inc. to provide assistance in preparing Request for Proposals (RFPs) to privatize the West Nassau Convenience Center for the not to exceed amount of $7,965.00; and (7) Schedule an executive closed session related to Fire/Rescue Professionals (Local 3101), International Association of Fire Fighters AFL-CIO contract negotiations.

 

Motion:   Expand the meeting to consider (7) items as

          stated above.

Maker:    Commissioner Boatright  

Second:   Commissioner Johnson    

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.          

Follow Up: County Attorney, County Manager

 

 

 

RS100726 –_8:01:16  Expansion Item #1: Consider filling a vacant Equipment Operation I position for the Road and Bridge Department.

 

Discussion: Mr. Selby reviewed the request.

 

Motion:   Approve expansion item #1 as stated above.

Maker:    Commissioner Boatright  

Second:   Commissioner Holloway   

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.          

Follow Up: Finance, OMB, Human Resources, Road and Bridge

 Department, County Manager

 

 

RS100726 –_8:02:45  Expansion Item #2: Detention Center Shower Repair Project: Change Order #3 in the amount of $33,385.00 and Change Order #4 in the amount of $29,419.00 to Warden Construction Corporation.  Possible Funding: Budget Transfer/Amendment – 09213521-562002.

 

Discussion: Mr. Selby commented that expansion item #2 is an informational item; because this was presented to him July 23, 2010 to bring forward to the Board, noting that the Board discussed this matter at a previous meeting. Mr. Selby briefly reviewed funding for the project and advised that he would bring back to the Board the change orders as necessary. Discussion followed regarding funding for the mold issue at the Sheriff’s Administration Facility.

 

It was the consensus of the Board for the County Manager to move forward with the Change Orders for the Detention Center Shower Repair Project.

 

 

RS100726 –_8:06:35  Expansion Item #3: Discuss possible workshop or special meeting concerning insurance renewals for Fiscal Year 2010/2011.

 

Discussion: Mr. Selby questioned whether there is an interest in scheduling a workshop or a special meeting with Ferreira Insurance, Inc. to discuss changes to the parameters of the property and casualty insurance renewals.

 

No action taken.

 

 

RS100726 – 8:08:00  Expansion Item #4: Discussion regarding cost of live-streaming Planning and Zoning Board meetings and workshops.

 

Discussion: Mr. Selby commented on the cost for additional band width and manpower. Discussion followed.

 

Request:  County Manager to research reducing the cost for live-streaming the Planning and Zoning Board regular and workshop meetings.

 

  

 

RS100726 – 8:12:32  Expansion Item #5: Accept Amelia Island Joint Local Planning Agency (AIJLPA) meeting date of August 10, 2010 at 6:00 p.m. at Fernandina Beach City Hall.

 

Discussion: Mr. Selby advised that the City of Fernandina Beach Commission has accepted the AIJLPA meeting date of August 10, 2010 at 6:00 p.m. at Fernandina Beach City Hall. He requested that the Commissioners contact him if there are any items that they would like to be placed on the agenda.

 

  

RS100726 –__8:14:40  Expansion Item #6: Approval for Board to waive the competitive purchasing requirement pursuant to Section 5.1 of the Purchasing Policy and approve to proceed with contracting with RCG Consulting, Inc. to provide assistance in preparing Request for Proposals (RFPs) to privatize the West Nassau Convenience Center for the not to exceed amount of $7,965.00.

 

Discussion: Mr. Hallman reviewed the request. Following the motion and second the group discussed concerns regarding hiring said firm.

 

Motion:   Approve expansion item #6 as stated above.

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson

Action:   Aye: Commissioners Boyle and Johnson

          Nay: Commissioners Leeper, Holloway, and

              Boatright.         

Follow Up: County Attorney, Contract Management, County

           Management

 

No further action taken.

 

 

RS100726 –_8:13:13  Expansion Item #7: Schedule an executive closed session related to Fire/Rescue Professionals (Local 3101), International Association of Fire Fighters AFL-CIO contract negotiations.

 

Motion:   Schedule an executive closed session for August

9, 2010 at 4:00 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, Michael H. Boyle, Stacy T. Johnson, Barry V. Holloway, and Walter J. Boatright, collectively known as the Board of County Commissioners; David A. Hallman, County Attorney; and Ted Selby, County Manager.

Maker:    Commissioner Boatright  

Second:   Commissioner Leeper     

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Board, County Attorney, County Manager

 

 

DISCUSSION ITEMS:  

RS100726 – 8:22:18 Commissioner Leeper’s Business:

 

  • Discussed mold issue at Sheriff’s Administration Facility.

 

Request:  County Manager to research construction and permitting of the metal building on the south side of A1A between Barnwell Road and Blackrock Road.

 

 

Motion:   Approve to expend $500.00 from District 1;

$250.00 each from Districts 2, 3, 4, and 5 Discretionary Funds (Total of 1,500.00) payable to Nassau County Volunteer Center for supplies for the Nassau County Volunteer Center Disaster Committee.

Maker:    Commissioner Leeper

Second:   Commissioner Holloway   

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Finance, OMB, County Manager

 

 

RS100726 – 8:29:47 Commissioner Johnson’s Business:

 

  • Bring back on August 11, 2010 discussion regarding the concurrency process.

 

 

RS100726 – 8:38:15  Commissioner Boatright’s Business:

 

Motion:   Approve to expend $100.00 each from all the

District Discretionary Funds (Total of $500.00) payable to the Warrior Band Boosters to sponsor the West Nassau High School Band.

Maker:    Commissioner Boatright  

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Finance, OMB, County Manager

 

Request:  Bring back the cost to insert the five-year budget comparison (presented by OMB on July 14, 2010) into the tax bills. The group also discussed inserting the information in water bills and placing on the County’s website.

 

 

RS100726 – 8:33:00 Commissioner Holloway’s Business:

 

  • Discussed selling County owned property in Bryceville.

 

Motion:   Authorize the County Manager to move forward with

an agenda process for staff to determine whether the six and one-half acres of County owned property in Bryceville serves a County purpose; and if staff determines it does not the County would then move forward with the competitive sealed bid process. 

Maker:    Commissioner Holloway   

Second:   Commissioner Boatright  

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: County Attorney, County Manager

 

 

There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 8:43 p.m.

 

 

 

 

_____________________________

Michael H. Boyle, Chairman

 

 

Attest:

 

 

 

____________________________

John A. Crawford, Ex-Officio Clerk