Nassau County Board of County Commissioners
Regular Session, December 8, 2010, 9:00 a.m.
Commission Chambers, 96135 Nassau Place, Yulee, Florida
Call to Order, Invocation and Pledge of Allegiance to the American Flag
Commissioners:
Present: Chairman Walter J. Boatright, Commissioners Daniel B. Leeper, Steve W. Kelley, Stacy T. Johnson, and Barry V. Holloway.
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 Management and Budget Director; Scott Herring, Public Works Director; and representing the Clerk’s office Brenda Linville, Deputy Clerk.
Official Agenda Summary:
Audience Input:
RS101208 – 9:02:40 Marilyn Armstrong came forward to request that the County amend the sign ordinance as it relates to digital signs.
Request: County Attorney, County Manager, and Planning Director to review amending the four different ordinances related to signs and begin the process with the Planning and Zoning Board.
EMERGENCY MANAGEMENT BUSINESS:
RS101208 – 9:13:49 (Tab A) Approve the following: (1) authorize the Chairman to sign the State Homeland Security Grant Program Sub-Grant Agreement, Contract No. CM1701, to be used for Emergency Management Exercise Program Activities {award amount $10,000.00}; and (2) approve associated budget amendment.
Motion: Approve Tab A as stated above and authorize
Chairman to sign Resolution 2010-181 regarding same.
Maker: Commissioner Leeper
Second: Commissioner Holloway
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Finance, OMB, Emergency Operations Center,
County Manager, Contract Management
ENGINEERING SEVICES BUSINESS:
RS101208 – 9:14:41 (Tab B) Approve and authorize the Chairman to sign the construction Agreement with First Coast Railroad, Inc., Contract No. CM1700, for cost associated with the installation of a new crossing surface and new signals for the railroad crossing at Chester Road in the amount of $240,823.00. Funding source: 41153541-563100CHDHI.
Motion: Approve Tab B 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, Contract Management
OFFICE OF MANAGEMENT AND BUDGET:
RS101208 – 9:15:02 (Tab C) Approve Finance Package 2011-05 and associated Resolutions.
Motion: Approve Tab C as stated above. (See Attachment
“A”)
Maker: Commissioner Johnson
Second: Commissioner Leeper
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. 173367 thru 173425 dated 11-30-10 for a register total of $161,683.35; Warrant Nos. 173426 thru 1734555 dated 12-3-10 for a register total of $616,612.22; Warrant Nos. 173556 dated 12-3-10 for a register total of $67,500.00; and Warrant Nos. 173557 thru173661 dated 12-07-10 for a register total of $94,096.85.
ROAD AND BRIDGE BUSINESS:
RS101208 – 9:15:34 (Tab D) Approve the following: (1) rescind award made to Aramark Uniform Services on September 13, 2010, for bids received in response to Bid No. NC10-025 for uniform rental and award bid to next lowest responsible bidder, Unifirst Corporation; and (2) authorize the Chairman to sign Contract No. CM1647. Funding source: 03404541-549061.
Discussion: Mr. Hallman reviewed the request.
Motion: Approve Tab D as stated above.
Maker: Commissioner Leeper
Second: Commissioner Holloway
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Finance, OMB, County Manager, Contract
Management
Motion: Adjourn as the Board of County Commissioners and
convene as the SAISS MSBU Governing Board.
Maker: Commissioner Johnson
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
RS101129 – 9:17:52 (Tab E) Approve to advertise an Invitation to Bid for construction of the South Amelia Island Shore Stabilization Project. Funding source: 43600539-549002.
Motion: Approve Tab E as stated above.
Maker: Commissioner Johnson
Second: Commissioner Holloway
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Finance, OMB, County Manager, Contract
Management
RS101129 – 9:18:23 (Tab F) Approve SAISSA Finance Package 2011-02, Draw #193.
Motion: Approve SAISSA Finance Package 2011-02, Draw #193
as follows: Omni Amelia Island Plantation, Management Fee – October 2010 in the amount of $2,000.00; Jacobs and Associates, P.A., Legal Fees – October 2010 in the amount of $2,000.00; Olsen Associates, Inc., Task 4.4 September-October 2010 in the amount of 32,488.00; Olsen Associates, Inc., Beach Disposal – October 2010 in the amount of $3,300.00; SAISSA, Website Setup and License Fee (Check #173) in the amount of $300.00; SAISSA, Newsletter (Check #171) in the amount of $321.00; SAISSA, Postcards (Check #174) in the amount of $122.96; SAISSA, Advertising (Check #172) in the amount of $59.80; Olsen Associates, Inc., Task 2.4 September – October 2010 in the amount of $90,650.00; and Olsen Associates, Inc., Task 2.3 September-October 2010 in the amount of $9,200.00.
Maker: Commissioner Holloway
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Finance, OMB, County Manager
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, Kelley, Johnson,
Holloway, and Boatright.
OLD BUSINESS:
RS101208 – 9:19:18 (Tab G) Approve the following for the Nassau Lakes Community Park: (1) Award Bid No. NC10-033 to Nooney Construction, Inc., in the amount of $249,000.00; (2) authorize the Chairman to sign the Notice of Award and Contract No. CM1668; (3) authorize the Interim Facilities Maintenance Director, Tim Milligan, to issue the Notice to Proceed, contingent upon receipt of the Performance Bond, Payment Bond, and Certification of Insurance; (4) authorize the Chairman to sign the Impact Fee Justification Form allowing use of up to $42,408.00 in District 3 Community Park Impact Fees; and (5) authorize the Chairman to sign a budget transfer from Reserves-Capital in the amount of $58,654.00. Funding source(s): 41153572-563000 and 01720572-563710.
Discussion: James Kemp, citizen, came forward to address concerns regarding various species of trees on the property. Discussion ensued regarding re-evaluating the project.
Motion: Approve placing items associated with Tab G on
hold for one year.
Maker: Commissioner Johnson
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Manager, Facilities Maintenance, Finance,
OMB, Contract Management
RS101208 – 9:46:14 Commissioner Johnson responded to an inquiry from the County Attorney that the motion was to revisit the entire project; it was not to accept, but for the Board to re-evaluate in one year.
RS101208 – 9:47:01 Mr. Selby inquired if the Board needed to reject all bids since the County is not moving forward at this time.
Motion: Approve to reject all the bids for the Nassau
Lake Community Park Project.
Maker: Commissioner Johnson
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Contract Management, Facility Maintenance
NEW BUSINESS:
RS101208 – 9:28:13 (Tab H) Sheriff’s Business: Expend $1,000.00 from the Law Enforcement Fund to be donated to the Fernandina Beach High School to help defray the cost of transportation for students to attend Grad Bash 2011. Funding source: 13031521-581000.
Motion: Approve Tab H as stated above.
Maker: Commissioner Johnson
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Finance, OMB, County Manager, Sheriff
RS101208 – 9:28:45 (Tab I) Authorize the Chairman to sign the Request for Temporary Closing/Special Use of State Road Form as required by the Florida Department of Transportation for the Annual Martin Luther King Day Celebration and Walk on Monday, January 17, 2011.
Motion: Approve Tab I as stated above.
Maker: Commissioner Holloway
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Manager, Clerk Staff
RS101208 – 9:29:29 (Tab J) Discuss nomination of two Commissioner Representatives to serve on the Small County Coalition Board of Directors and one staff member to serve as the County Liaison for the Coalition.
Motion: Approve to appoint Commissioners Holloway and
Johnson to the Small County Coalition Board of Directors and the County Manager as the County Liaison.
Maker: Commissioner Leeper
Second: Commissioner Holloway
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Manager
RS101208 – 9:31:46 (Tab K) Approve filling a vacant Library Assistance II position.
Discussion: Mr. Selby reviewed Tabs K and L. He requested filling a second Maintenance Helper position in the Road and Bridge Department.
Motion: Approve Tab K as stated above.
Maker: Commissioner Johnson
Second: Commissioner Holloway
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Finance, OMB, County Manager, Human Resources,
Library
RS101208 – 9:37:28 (Tab L) Approve filling Maintenance Helper position for Road and Bridge.
Motion: Approve filling two Maintenance Helper positions
for Road and Bridge.
Maker: Commissioner Holloway
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Finance, OMB, County Manager, Human Resources,
Road and Bridge Department, Engineering Services
Discussion: Following discussion Mr. Hallman clarified that the current status is that the County Manager is required to bring all vacancies to the Board.
Motion: Authorize the County Manager to hire existing
budgeted vacant positions, unless extenuating circumstances are involved.
Maker: Commissioner Holloway
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Manager, Human Resources Department
CONSENT ITEM(S):
RS101208 – 9:39:54 (Tab M) Approve Board minutes from the regular meetings held on November 8 and November 10, 2010.
Motion: Approve Tab M as presented.
Maker: Commissioner Leeper
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Clerk Staff
COUNTY MANAGER BUSINESS:
RS101208 – 10:08:01 Discussion ensued regarding the pros and cons related to hiring an outside project manager vs. doing it in-house for the Station #60 project; hiring a contractor on staff to review projects and plans; cost; job qualifications; and change orders.
Mr. Hallman clarified the options: (1) hire someone on staff with the expertise. The Board may want to ensure that the job description clarifies that it is a temporary position; or (2) hire someone at a cost between $100,000.00 and $180,000.00 as a construction manager. The Board cannot circumvent the normal bid process required by Florida law.
Discussion continued regarding resolving issues in a timely manner; the timeline; and American Disability Act (ADA).
Request: County Manager to bring back to the Board additional information on December 15, 2010.
INFORMATIONAL ITEM(S):
RS101208 – 9:40:30 (Tab N) Report regarding monies collected for the Driver Education Safety Trust Fund, in accordance with Ordinance No. 2004-31, Section Two, Paragraph Two. No action required.
EXPANSION ITEMS:
RS101208 – 9:08:16 (1) Approve request from Outward Bound for waiver of rental fee for use of the fields located within the Yulee Sports Complex on Monday, December 13, 2010, for Staff Development Day; (2) Additional backup for Tab G – Nassau Lakes Community Park (See 9:19:18); (3) Additional items for discussion during Tab J – Designate Commissioner appointees for the following Boards: Florida Association of Counties Trust (FACT), Northeast Florida Regional Council (NEFRC), Sheriff’s Administration Building Committee, Economic Development Board, Florida Association of Counties (FAC), Mental Health Court Committee, and Tourist Development Council (TDC); (4) Approve written agreements with the Tax Collector and Property Appraiser, pursuant to Florida Statutes, Chapter 197, to extend the deadline for adoption of resolution of intent to use uniform method to collect non-ad valorem assessment, and authorize the Chairman to sign said agreements; (5) Approve request for continuance of Appeal E-10-012, OTAK Properties, LLC from December 15, 2010 to February 28, 2011 at 7:00 p.m., pursuant to request of applicant; (6) Approve waiver request of Mark and Tracey Starling from Nassau Code Section 11.2.2, which limits the use of certain roadway easements to not more than five dwellings, unless relief is granted by the Public Works Director or the Board of County Commissioners; (7) Assist Clerk’s Office with clarification regarding effective date of motion to elect Chair and Vice-Chair; (8) Informational only: letter from the Florida Department of Community Affairs regarding their intent on the County’s EAR-Based Amendment.
Motion: Expand the meeting to consider eight (8) items as
stated above.
Maker: Commissioner Leeper
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Manager, County Attorney
RS101208 -_9:49:47 Expansion Item #1: Approve request from Outward Bound for waiver of rental fee for use of the fields located within the Yulee Sports Complex on Monday, December 13, 2010, for Staff Development Day.
Motion: Approve expansion item 1 as stated above.
Maker: Commissioner Leeper
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Finance, OMB, Facility Maintenance
RS101208 -_9:52:00 Expansion Item #3: Additional items for discussion during Tab J – Designate Commissioner appointees for the following Boards: Florida Association of Counties Trust (FACT), Northeast Florida Regional Council (NEFRC), Sheriff’s Administration Building Committee, Economic Development Board, Florida Association of Counties (FAC), Mental Health Court Committee, and Tourist Development Council (TDC).
Motion: Approve to re-appoint Commissioner Holloway to the FACT Board.
Maker: Commissioner Johnson
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Manager, Finance, OMB
Motion: Approve to appoint Commissioner Holloway to the
NEFRC Board.
Maker: Commissioner Leeper
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Manager, Finance, OMB
Motion: Approve to appoint Commissioner Kelley to the
Sheriff Administrative Building Committee.
Maker: Commissioner Johnson
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Manager, Finance, OMB
Motion: Approve to appoint Commissioner Johnson to the
NCEDB.
Maker: Commissioner Holloway
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Manager, Finance, OMB
Motion: Approve to appoint Commissioner Kelley to the
Mental Health Court Committee; and Health Planning Council of Northeast Florida.(See December 13, 2010 at 8:12:24 for clarification)
Maker: Commissioner Johnson
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Manager, Finance, OMB
Motion: Approve to appoint Commissioner Leeper to the
Tourist Development Council (TDC) and Florida Transportation Planning Organization (TPO).
Maker: Commissioner Holloway
Second: Commissioner Johnson
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Manager, Finance, OMB
Discussion: Mr. Hallman commented that the position on the TDC is provided for by Florida Statutes and once a Commissioner is appointed to the board, the Commissioners must decide whether or not to appoint the Chair for said board.
Motion: Approve allowing the TDC to appoint their own
Chairman.
Maker: Commissioner Holloway
Second: Commissioner Johnson
Action: Aye: Commissioner Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Manager, TDC
RS101208 – 9:41:18 Expansion Item #4: Approve written agreements with the Tax Collector and Property Appraiser, pursuant to Florida Statutes, Chapter 197, to extend the deadline for adoption of resolution of intent to use uniform method to collect non-ad valorem assessment, and authorize the Chairman to sign said agreements.
Discussion: Mr. Hallman reviewed the request.
Motion: Approve expansion item 4 as stated above.
Maker: Commissioner Holloway
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Attorney, Tax Collector, Property
Appraiser, County Manager
RS101208 -_9:42:23 Expansion Item #5: Approve request for continuance of Appeal associated with the Conditional Use and Variance Board’s decision regarding application E-10-012, filed by OTAK Properties, LLC from December 15, 2010 to February 28, 2011 at 7:00 p.m., pursuant to request of applicant.
Discussion: Mr. Hallman reviewed the request.
Motion: Approve expansion item 5 as stated above.
Maker: Commissioner Johnson
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Attorney
RS101208 -_9:11:12 Expansion Item #6: Approve waiver request of Mark and Tracey Starling from Nassau Code Section 11.2.2, which limits the use of certain roadway easements to not more than five dwellings, unless relief is granted by the Public Works Director, or the Board of County Commissioners.
Discussion: Mr. Hallman and Jim L Higginbotham, agent for applicant, reviewed the request.
Motion: Approve expansion item 6 as stated above.
Maker: Commissioner Holloway
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: Engineering Services, Building Department,
County Manager, County Attorney
Noted: Mr. Herring to notify the Building Department regarding the Board’s decision to approve.
RS101208 -_9:43:28 Expansion Item #7: Assist Clerk’s Office with clarification regarding effective date of motion to elect Chair and Vice-Chair.
Discussion: Mr. Hallman reviewed the request. It was the Consensus of the Board to clarify that the effective date for the appointment of the Chair and Vice-Chair for 2011 would be immediately. (Clarification of motion made on November 29, 2010.)
RS101208 – 9:44:26 Expansion Item #8 Informational Only: letter from the Florida Department of Community Affairs (DCA) regarding their statement of intent regarding the County’s Evaluation and Appraisal Report (EAR) Based Amendment.
Discussion: Mr. Hallman distributed and reviewed a letter received from DCA dated December 7, 2010.
RS101208 – 9:48:01 Commissioner Johnson commented that DCA would not be able to negotiate other items that were found to be in compliance in the Comprehensive Plan at a later date.
DISCUSSION ITEMS:
RS101208 – 10:31:23 Commissioner Leeper’s Business:
Request: Commissioner Leeper to meet with the County Manager and Public Works Director at the North 14th Street Annex location to discuss maintenance issues.
- Invited Commissioners to a musical at the First Baptist Church in Fernandina Beach on December 11, 2010 at 6:30 p.m. and December 12, 2010 at 6:00 p.m.
RS101208 – 10:33:15 Commissioner Kelley’s Business:
- Thanked Mr. Selby and Mr. Fufidio for helping with constituents issues. (Issue not identified.)
Noted: Invited the Commissioners to his business Christmas Party on December 17, 2010 at 6:00 p.m.
RS101208 – 10:34:51 Commissioner Johnson’s Business:
- Reminder regarding the Yulee Holiday Festival on December 11, 2010.
RS101208 – 10:28:11 Commissioner Holloway’s Business:
- The group discussed whether to move forward with the Mizell Tract project.
Request: County Manager to send a letter to Manzie and Drake regarding the status of the Mizell Tract project.
- Noted that there may be a small amount of traveling involved with serving on the Law Enforcement Committee and the Steering Committee for the Rural and Agricultural Affairs for the National Association of Counties.
Request: County Attorney and Contract Management to provide the Board with a listing of all contracts that may need to be re-bid.
RS101208 – 10:35:38 Chairman Boatright’s Business:
Motion: Prepare two individual resolutions for Senator
Carey Baker and Dave McKinnis, Department of Agriculture, thanking them for their support for the Thomas Creek Project.
Maker: Commissioner Leeper
Second: Commissioner Holloway
Action: Aye: Commissioners Leeper, Kelley, Johnson,
Holloway, and Boatright.
Follow Up: County Attorney, County Manager
- Suggested bundling consent items together on the agenda, as well as move up agenda items that involve government leaders appearing before the Board.
There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 10:46 a.m.
_____________________________
Walter J. Boatright, Chairman
Attest:
____________________________
John A. Crawford, Ex-Officio Clerk