Nassau County Board of County Commissioners Regular Session, July 12, 2010, 6:00 p.m.

Nassau County Board of County Commissioners

Regular Session, July 12, 2010, 6:00 p.m.

Commission Chambers, 96135 Nassau Place, Yulee, Florida

 

 

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

 

Commissioners:

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

 

 

Other Officials Present: John A. Crawford, Ex-Officio Clerk; David A. Hallman, County Attorney (joined meeting at 7:42 p.m.); Emily Murphy, Assistant County Attorney (departed meeting at 7:42 p.m.) and Ted Selby, County Manager.

 

 

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

 

 

Official Agenda Summary:

 

Audience Input:

RS100712 – 6:01:30 Jack Lavin came forward requesting direction from the Growth Management Department regarding the SR A1A/North Harper Chapel Road application.

 

Mr. Fufidio advised that said application has been kicked out of the queue, which means if trips become available Mr. Lavin would need to re-apply which includes associated costs, but there are other individuals that could come in front of him. He commented that he has been forthright with Mr. Lavin regarding the process. Mr. Fufidio responded to an inquiry regarding the status of Mr. Lavin’s application. Commissioner Johnson suggested readdressing extensions of Certificates of Concurrency on projects that may never be developed.

 

 

 

RESOLUTION(S):

RS100712 – 6:08:56  (Tab A) Approve a Resolution recognizing Hailey Hall for being awarded the Prestigious Congress Bundestag Youth Exchange Scholarship for the 2010-2011 school year.

 

Motion:   Approve Tab A as stated above and authorize the

Chairman to sign Resolution 2010-116 regarding same.

Maker:    Commissioner Leeper

Second:   Commissioner Boatright  

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Clerk Staff

 

 

Discussion: Ms. Hall thanked the Board for the Resolution.

 

Motion:   Approve to expend $100.00 from each of the

District Discretionary Funds (Totaling $500.00) payable to Hailey Hall to help with her travel to Germany on a full academic scholarship.

Maker:    Commissioner Holloway   

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Finance, OMB, County Manager

 

 

 

FINANCIAL ITEMS:

RS100712 – 6:13:40  (Tab B) Approve and authorize the Chairman to sign Change Order No. 1 for Contract No. CM1556-C01, with Traffic Control Devices, Inc., for additional traffic installation services in the amount of $5,612.00. Funding source: 03420541-563191.

 

Discussion: The Clerk requested that the Board allow his office to come before the Board should there be a discussion regarding red light running cameras in order to address the adverse affects on the public and the budget.

 

Motion:   Approve Tab B as stated above.

Maker:    Commissioner Johnson    

Second:   Commissioner Holloway   

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Clerk Staff, Engineering Services, 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, Boyle, Johnson,

Holloway, and Boatright.

    

 

RS100712 – 6:16:08  (Tab C) Consider request for budget amendment for the South Amelia Island Renourishment Project as continued from a various meeting.

 

Motion:   Approve Tab C as stated above and authorize the

Chairman to sign same.

Maker:    Commissioner Leeper

Second:   Commissioner Holloway   

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.

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

 

 

Motion:   Adjourn as the SAISS MSBU Governing Board and

reconvene as the Board of County Commissioners.

Maker:    Commissioner Johnson    

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.

 

 

REGISTER:

The Chairman signed the register for the following warrants: Wire Transfer No. 176 dated 6-11-10 for a register total of $5,000.00; Wire Transfer No. 177 dated 6-15-10 for a register total of $1,871.92; Wire Transfer No. 7031 dated 6-18-10 for a register total of $20,075.00; Warrant Nos. 169280 thru 169361 dated 6-29-10 for a register total of $81,430.99; Warrant Nos. 169362 thru 169368 dated 6-30-10 for a register total of $11,950.99;

Warrant Nos. 169369 thru 169453 dated 7-02-10 for a register total of $933,588.49; Warrant Nos. 169369 thru 169453 dated 7-02-10 for a register total of $933,588.49;

Warrant Nos. 169454 thru 169545 dated 7-07-10 for a register total of $165,609.02; Warrant Nos. 169546 thru 169563 dated 7-08-10 for a register total of $18,674.78; and Warrant Nos. 169564 thru 169648 dated 7-09-10 for a register total of $1,729,294.21.

 

 

NEW BUSINESS:

RS100712 – 6:17:49  (Tab D) Consider request from the Nassau County Republican Party to utilize County Fire Stations for speaking opportunities for those running for elected office.

 

Discussion: The group discussed concerns regarding safety aspects and compromising the fire fighters. No action was taken.

 

 

CONSENT ITEM(S):

RS100712 – 6:21:12  (Tab E) Approve Board minutes from the regular, executive closed, and special sessions held June 16, 2010; special and executive closed sessions held June 21, 2010; and regular session held June 28, 2010.

 

Motion:   Approve Tab E as presented.

Maker:    Commissioner Holloway        

Second:   Commissioner Johnson    

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Clerk Staff

 

 

 

Clerk BUSINESS:

RS100712 – 6:24:22 The Clerk discussed an re-broadcasting Commission meetings on the cable system.

 

Noted:    The Clerk and County Attorney to research re-broadcasting Board of County Commissioner’s meetings through the local cable company, as well as address associated issues and bring back a report.

         

 

COUNTY MANAGER BUSINESS:

RS100712 – 6:32:55 Provided the following items for Board consideration on July 14, 2010: (1) dates for a meeting of the Amelia Island Joint Local Planning Agency; and (2) Grand Opening date for the Callahan Library.

 

Discussion:  The group discussed the sale of County owned property.

 

Request:  County Manager to provide Board the with a list of County owned properties.

 

RS100712 – 9:34:35

 

Motion:   Schedule an executive closed session for July 14,

2010 at 9:00 a.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 Holloway   

Second:   Commissioner Boatright  

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Board, County Attorney, County Manager

 

 

NON-QUASI-JUDICIAL PUBLIC HEARING(S):

RS100712 – 7:00:30 Chairman Boyle read the guidelines to be followed during the public hearing process.

 

 

RS100712 – 7:05:56  (Tab F)  Consider a Resolution Finding that it is in the Best Interest of the Citizens of Nassau County, Florida, to Lease the Fernandina Beach Shrine Club Real Property Located at 1015 South 14th Street in Fernandina Beach, Florida.

 

Discussion: The group discussed their options.

 

Motion:   Pulled Tab F from the agenda.

Maker:    Commissioner Boatright  

Second:   Commissioner Holloway   

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: County Attorney

 

 

NON-QUASI-JUDICIAL PUBLIC HEARING(S):

RS100712 – 7:06:20  (Tab G)  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.

 

Motion:   Open floor to public discussion.

Maker:    Commissioner Holloway

Second:   Commissioner Johnson

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

 

Discussion: Mr. Fufidio reviewed the request.

 

Public Input: Mickey Ulmer, Sonny’s Real Pit Bar-B-Q, came forward to speak in favor of the amended ordinance.

 

Motion:   Close floor to public discussion.

Maker:    Commissioner Holloway

Second:   Commissioner Johnson

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

 

Discussion: A lengthy discussion ensued regarding concerns related to the definition of a restaurant and backup information provided in agenda packet.

 

Motion:   Approve Tab G as stated above.

Died:     Lack of a second.

 

Discussion:    Tom Ford, Planning and Zoning Board Chairman, clarified that the issue is not the type of restaurant, it is the kind of license obtained by the restaurant.

 

Motion:   Continue to July 26, 2010 at 7:00 p.m.

          consideration of Tab G as stated above.

Maker:    Commissioner Johnson    

Second:   Commissioner Boatright  

Action:   Aye: Commissioners Boyle, Johnson, Holloway, and

              Boatright.

          Nay: Commissioner Leeper     

Follow Up: Growth Management, County Manager

 

 

NON-QUASI-JUDICIAL PUBLIC HEARING(S):

RS100712 – 7:42:53  (Tab H) Consider Comprehensive Plan Amendment application CPA1-001, an Ordinance amending the Future Land Use Map of the Comprehensive Plan; Providing for a Change of 1,505 Acres from Agriculture (AG) to Industrial (I); Preserving a Minimum of 309 Acres of Wetlands (Conservation I); Adopting a New Policy 1.09.08(f) Accepting the Applicant’s Voluntary Proffer to Limit Initial Development of the Site to 5.2 Million Square Feet; Providing for Finings; Providing for Transmittal and Consideration of the Objections, Recommendations, and Comments (ORC) Report; and Providing an Effective Date.

 

Motion:   Open floor to public discussion.

Maker:    Commissioner Holloway

Second:   Commissioner Boatright

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

 

Discussion: Mr. Fufidio reviewed the request and distributed for the Board’s review alternate language as it relates to four-laning US 301. Michael S. Mullin, attorney with Rogers Towers, came before the Board on behalf of his client, TerraPointe LLC, to explain the draft language in Policy 1.09.08 (f). Mr. Fufidio acknowledged that he concurs that the amendment complies and is consistent with the goals and objections and policies of the Nassau County Comprehensive Plan. Mr. Mullin commented that the applicant voluntarily at their own expense conducted advertised town meetings in Bryceville and Callahan to review the conceptual plan for the entire project and to answer questions. They also have had several meetings with the Department of Community Affairs (DCA). He briefly addressed the two major railroads at the site. Mr. Ford briefly discussed the benefits to the citizens of Nassau County.  Mike Bell, Rayonier, provided a background regarding his company and the purpose for said project. Steve Rieck, Executive Director of the Nassau County Economic Development Board (NCEDB), came forward to discuss the unique opportunity for employment for Nassau County residents. He distributed a resolution by the NCEDB; a letter dated March 8, 2010 from the Jacksonville Cornerstone Regional Development Partnership; and a letter dated March 5, 2010 from Enterprise Florida supporting an application to change the Land Use Classification on a site known as the “Crawford Industrial Area”.

 

Public Input: The following individuals came forward to express concern: Jeff McGee, Marci McCosh, Joshua A. Cossey, Charles Stevens, and Randy Jakrewski.

 

The following individuals came forward to speak in favor of the ordinance: J.D. Sauls, Don Hughes, and Mike Coles.

 

Motion:   Close floor to public discussion.

Maker:    Commissioner Johnson

Second:   Commissioner Boatright

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

 

Discussion:    Mr. Hallman advised that the applicant had requested time for rebuttal.

 

Motion:   Open floor to public discussion.

Maker:    Commissioner Johnson

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.

 

Discussion:    Nick Gillette, Gillette and Associates, came forward to provide information regarding the Florida Department of Transportation (FDOT) analysis relating to capacity on US 301. He commented that Crawford Road is a County maintained road and would be addressed locally.  Mr. Mullin provided rebuttal regarding an alternative site, comprehensive plan, pollution, water and sewer, lack of notice, and site plan.

 

Motion:   Close floor to public discussion.

Maker:    Commissioner Johnson

Second:   Commissioner Holloway

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.

 

Discussion:    The group discussed the vision statement; Callahan’s representation on the Planning and Zoning Board; site plan; benefit to the County; and maintenance on US 301.     

 

Motion:   Adoption of Ordinance 2010-06, an Ordinance

amending the Future Land Use Map of the Comprehensive Plan; Providing for a Change of 1,505 Acres from Agriculture (AG) to Industrial (I); Preserving a Minimum of 309 Acres of Wetlands (Conservation I); Adopting a New Policy 1.09.08(f) Accepting the Applicant’s Voluntary Proffer to Limit Initial Development of the Site to 5.2 Million Square Feet; Providing for Finings; Providing for Transmittal and Consider of the Objections, Recommendations, and Comments (ORC) Report; and Providing an Effective Date; and authorize Chairman to sign same.

Maker:    Commissioner Holloway   

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Growth Management, County Manager

 

 

RS100712 – 9:05:55 Recess.

 

 

QUASI-JUDICIAL PUBLIC HEARING(S):

RS100712 – 9:20:51  (Tab I) Consider rezoning application R10-002, filed by John C. Featherston, trustee, and Michael L. Broussard, agent, to rezone approximately 1.01 acres from Open Rural (OR) to Commercial Professional, Office (CPO). Property is located on the north side of SR200, directly west of the Yulee Post Office and east of the John Muir County Park.

 

Motion:   Open floor to public discussion.

Maker:    Commissioner Leeper

Second:   Commissioner Johnson

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

 

Deputy Clerk swore in staff to provide testimony.

 

Commissioners Ex-parte Comunications:

None.

 

 

Waive Presentation:

RS100712 – 9:22:55 Mr. Broussard came forward to explain the purpose for the request.

 

 

Documents Submitted For the Record:

RS100712 – 9:22:29 Agenda request; draft ordinance; Planning and Zoning Board Minutes dated June 1, 2010; and staff report to Planning and Zoning Board.

 

Motion:   Accept documents into the record as stated above.

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

Action:   Aye: Commissioners Boyle, Johnson, and Holloway.

Absent:   Commissioners Leeper and Boatright.    

Follow Up: Growth Management, Clerk Staff

 

Discussion: Mr. Fufidio reviewed the request.

 

No Public Input.

 

Motion:   Close floor to public discussion.

Maker:    Commissioner Johnson

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

 

 

Motion:   Approve, based upon competent substantial

evidence in the record, Tab I, rezoning application filed by John C. Featherston, trustee, and Michael L. Broussard, agent.

Maker:    Commissioner Holloway   

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Growth Management, Clerk Staff

 

 

QUASI-JUDICIAL PUBLIC HEARING(S):

RS100712 – 9:26:25  (Tab J) For recording purposes only, consider final plat for McLendon Subdivision, filed by Carl and Sandra McLendon, owners, and Rooney and Sons, agent for owners, to construct a four (4) lot subdivision on approximately 10.0 acres. Property is zoned as Open Rural (OR) and designated as Medium Density Residential (MDR) by the Future Use Land Map (FLUM). Property is located on the west side of Knight Road, Hilliard area.

 

Motion:   Open floor to public discussion.

Maker:    Commissioner Holloway

Second:   Commissioner Boatright

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

 

Commissioners Ex-parte Comunications:

RS100712 – 9:26:25 Commissioners Johnson, Boatright, and Holloway had spoken with the applicant. Commissioners Leeper and Boyle had none.

 

 

Documents Submitted For the Record:

RS100712 – 9:32:24 Agenda request; Plat review application and general information; statement of paving waiver denial from the Engineering Services Department received June 21, 2010; Development review – plat checklist; correspondence from Cynthia Moody, Concurrency Specialist, to Anita Dobrosky, Development Review Coordinator, dated May 12, 2009; and preliminary plat received June 2, 2010.

 

Motion:   Accept documents into the record as stated above.

Maker:    Commissioner Leeper

Second:   Commissioner Holloway

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

 

 

Discussion:    Mr. Fufidio reviewed the request and commented that Mr. McLendon has requested a waiver of the paving requirements.

 

Waive Presentation:

RS100712 – 9:30:53 Mr. McLendon came forward and was sworn in. He explained the purpose for his request.  

 

 

Motion:   Close floor to public discussion.

Maker:    Commissioner Holloway

Second:   Commissioner Boatright

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

 

 

Motion:   Approve, based upon competent substantial

evidence in the record, to waive the internal easement and paving requirements on Knight Road, pursuant to Section 15.2.1 of Ordinance 99-17 (Roadway and Drainage Standards), and recording purposes only, final plat for McLendon Subdivision, filed by Carl and Sandra McLendon, owners, and Rooney and Sons, agent for owners, to construct a four (4) lot subdivision on approximately 10.0 acres. Property is zoned as Open Rural (OR) and designated as Medium Density Residential (MDR) by the Future Land Use Map (FLUM). Property is located on the west side of Knight Road, Hilliard area.

Maker:    Commissioner Holloway   

Second:   Commissioner Leeper

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: Growth Management, Clerk Staff

 

 

EXPANSION ITEMS:

RS100712 – 6:22:26 Discuss date change for the “An American Beach Jazz Festival.”

 

Motion:   Expand the meeting to consider (1) item as

          stated above.

Maker:    Commissioner Johnson    

Second:   Commissioner Holloway   

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.          

Follow Up: County Manager

 

 

RS100712 –_6:23:13  Expansion Item #1: Discuss date change for the “An American Beach Jazz Festival.

 

Motion:   Approve change of date for the “An American Beach

Jazz Festival” from July 16, 2010 to July 31, 2010.

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

Holloway, and Boatright.     

Follow Up: County Manager

 

 

DISCUSSION ITEMS:  

RS100712 – 6:28:10 Commissioner Leeper’s Business:

 

Request:  County Manager to research Code Enforcement matter related to the cleanup of the gas station located on A1A at I-95.

 

Discussion: Commissioner Johnson commented that she has spoken with the developer and he seems more than willing to cleanup the area before he moves forward with any projects. She advised that she would contact the developer again regarding this matter.

 

 

RS100712 – 6:29:29 Commissioner Holloway’s Business:

 

Request:  Bring back on July 14, 2010 discussion regarding (1) APAC to broom and apply two coats of seal coat on White Oaks Road, {Funding: District 4 Level and Overlay Account}; and (2) unimproved road upgrade cost estimate for Pratt Siding Road and Patsy Lane, {County Manager to research funding}.

 

  • Advised that he was re-appointed to the State Board for the Florida Association of Counties (FAC).

 

 

There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 9:38 p.m.

 

 

_____________________________

Michael H. Boyle, Chairman

 

Attest:

 

 

____________________________

John A. Crawford, Ex-Officio Clerk