Nassau County Board of County Commissioners Regular Session, June 28, 2010, 6:00 p.m.

Nassau County Board of County Commissioners

Regular Session, June 28, 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 Stacy T. Johnson, and Barry V. Holloway.

 

Absent:   Commissioners Daniel B. Leeper 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; Scott Herring, Engineering Services Director; Walter Fufidio, Planning Director; and representing the Clerk’s office Brenda Linville, Deputy Clerk.

 

 

Official Agenda Summary:

 

RS100628- 6:04:00 Chairman Boyle briefly discussed an issue during the Jacksonville City Council meetings relating to the invocation. He also commented that he has extended invitations to various religious organizations to attend the Board meetings to provide the invocation.

 

Audience Input:

RS100628 – 6:05:07 Michael Spino, Chair of the Fernandina Beach City Art Council, came forward to discuss the Arts Council’s future request to be designated as the Local Arts Agency for Nassau County. He commented that Arts Council representatives have been working with Mr. Selby to prepare a resolution regarding the designation. Discussion followed.

 

 

PRESENTATION(S):

RS100628 – 6:10:53  (Tab A) South Amelia Island Beach Renourishment Discussion, Timeline, Budget Amendment, and Engineering Services Update: (1) Introduction – Bob Martin, Vice President of SAISSA, Inc.; (2) Beach Renourishment Discussion – Erik Olsen, P.E.; (3) Proposed Timeline – Bill Moore, Director of Planning and Development for Amelia Island Plantation; (4) Budget Amendment Request – Bill Moore; and (5) Engineering Services status – Bill Moore and Marshall Flake, Florida Park Service.

 

Discussion: Mr. Martin came forward to provide a brief update regarding his background with SAISSA, Inc. Mr. Olsen provided a brief overview of the beach renourishment project. Mr. Moore provided an update regarding the proposed timeline for the beach renourishment project that requires Board action and requested an increase in Fiscal Year 2009/2010 SAISSA Budget in the amount of $47,558.00. The funds would be transferred from their cash carried forward account and would allow them to pursue some of the studies and consultant work. Mr. Olsen responded to inquiry regarding the oil spill in the Gulf Coast. Mr. Moore discussed the need to continue Mr. Olsen’s contract as it relates to engineering services for this project. Discussion ensued regarding increased cost and participation by the property owners.

 

Noted:    Continue to July 12, 2010 consideration of budget amendment request from SAISSA as it relates to South Amelia Island Beach Renourishment.

 

 

FINANCIAL ITEMS:

RS100628 – 6:51:23  (Tab B) Approve Finance Package 2010-16 and associated Resolutions.  

 

Motion:   Approve Tab B as stated above. (See Attachment

“A”)

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: Finance, OMB, County Manager

 

 

RS100628 – 6:51:43  (Tab C) Authorize a check to be issued to Bristol Nassau, LLC, in the amount of $4,000.00 in order to return the cash bond held for the sand cement endwall structure located outside the boundary of The Oaks at Bristol and in the Chester Road right-of-way. Funding source: 03000000-220000 OAKSB.

 

Discussion: Mr. Herring reviewed the request and discussion followed.

 

Motion:   Approve Tab C as stated above.

Maker:    Commissioner Johnson    

Second:   Commissioner Holloway   

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: Finance, OMB, County Manager, Engineering

           Services

 

 

RS100628 – 6:54:04  (Tab D) Approve the following: (1) authorize the Chairman to sign the Construction Agreement with CSX Transportation, Inc., Contract No. CM1500, for construction of the railroad crossing at William Burgess Boulevard; and (2) authorize advanced payment to CSX pursuant to Section 4.3 of the Construction Agreement in the amount of $553,967.00. Funding source: 63470541-563100 WBE62.

 

Motion:   Approve Tab D as stated above.

Maker:    Commissioner Johnson    

Second:   Commissioner Holloway   

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: Finance, OMB, Engineering Services, Contract

 Management, County Manager, Clerk Staff

 

 

RS100628 – 6:54:52  (Tab E) Approve the following: (1) award Bid No. NC10-016 in the amount of $113,487.00 to United Brothers Development Corporation for the US 1 and Ratliff Road Intersection Improvement Project and authorize the Chairman to sign Contract No. CM1606; and (2) Award Bid No. NC10-015 in the amount of $96,099.00 to R&B Contracting for the US 301 and Sandy Ford Road Intersection Project and authorize the Chairman to sign Contract No. CM1605. Funding sources: 41155541-5631000 US1RR and 41155541-563100 301SF.

 

Motion:   Approve Tab E as stated above.

Maker:    Commissioner Johnson    

Second:   Commissioner Holloway   

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: Finance, OMB, Contract Management, County

           Manager, Engineering Services, Clerk Staff

 

 

RS100628 – 6:47:13  (Tab F) Approve the following: (1) authorize the Chairman to sign a Change Order with Ayres Associates, Inc. for additional design and permitting services for the Goffinsville Road Turn Lane Project in the amount of $9,310.00; (2) authorize Engineering Services to instruct Ayres Associates, Inc. to proceed with the conceptual design; and (3) authorize Engineering Services and Legal to begin acquisition of the proposed utility/drainage easements.

 

Discussion: Mr. Herring reviewed the request and responded to an inquiry regarding the scope of work.

 

Motion:   Approve Tab F as stated above.

Maker:    Commissioner Johnson    

Second:   Commissioner Holloway   

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: Finance, OMB, County Manager, Engineering

           Services, Contract Management

 

 

REGISTER:

The Chairman signed the register for the following warrants: Warrant Nos. 168836 thru 168924 dated 6-15-10 for a register total of $170,116.26; Warrant Nos. 168825 thru 169045 dated 6-18-10 for a register total of $671,164.26;

Warrant Nos. 169046 thru 169107 dated 6-22-10 for a register total of $341,488.89; Warrant Nos. 169108 thru 169167 were not run per G. Mitchell on 6-24-10; Warrant Nos. 169168 thru 169179 dated 6-24-10 for a register total of $9,086.34; Warrant No. 169180 dated 6-25-10 for a register total of $3,500.00; and Warrant Nos. 169181 thru 169279 dated 6-25-10 for a register total of $341,594.11.

 

 

OLD BUSINESS:

RS100628 – 6:55:55  (Tab G) Approve list of priority projects and authorize Engineering Services to submit a letter to the Florida Department of Transportation (FDOT) for projects that fall outside the North Florida Transportation Planning Organization Boundary.

 

Motion:   Approve Tab G as stated above.

Maker:    Commissioner Johnson    

Second:   Commissioner Holloway   

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: Engineering Services, County Manager

 

 

RS100628 – 6:57:07  (Tab H) Approve and authorize the Chairman to sign the Professional Auditing Services Agreement with Purvis Gray and Company, contract No. CM1612.

 

Discussion: The group discussed the cost and the changes to the text in the agreement. Mr. Knaga provided a brief clarification regarding the negotiation.

 

Motion:   Approve and authorize the Chairman to sign the

Professional Auditing Services Agreement with Purvis Gray and Company, Contract No. CM1612.

Amend:    Include authorization for the Chairman to sign

          the Audit Engagement Letter.

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: Finance, OMB, Contract Management, County

           Manager, Clerk Staff

 

 

NEW BUSINESS:

RS100628 – 7:05:14  (Tab I) Approve and authorize the Chairman to sign the Continuing Contract for Professional Construction Engineering Inspection (CEI) Services, Contract No. CM1583, with England-Thims and Miller, Inc.

 

Motion:   Approve Tab I as stated above.

Maker:    Commissioner Johnson    

Second:   Commissioner Holloway   

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: Finance, OMB, County Manager, Contract

           Management, Engineering Services

 

 

RS100628 – 6:49:59  (Tab J) Approve request from The Communities in Schools of Nassau County to hold the third annual “Family Run/Walk” at Peters Point on Saturday, September 25, 2010.

 

Motion:   Approve Tab J as stated above.

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: Building Maintenance, County Manager

 

 

APPOINTMENT(S):

RS100628 – 7:05:48  (Tab K) Appoint a representative for District 4 to the Code Enforcement Board.

 

Motion:   Approve to appoint Ann Johnson as District 4

representative to the Code Enforcement Board replacing Elaine Hunter who resigned as of June 16, 2010. (Term expires June 2011)

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: Code Enforcement, County Manager

 

 

CONSENT ITEM(S):

RS100628 – 7:06:57  (Tab L) Approve Board minutes from the special and regular sessions held May 12, 2010; regular, executive closed and special sessions held May 19, 2010; public hearing and regular session held May 24, 2010; regular and executive closed sessions held June 9, 2010; and regular session held on June 14, 2010.

 

Motion:   Approve Tab L as presented.

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: Clerk Staff

 

 

QUASI-JUDICIAL PUBLIC HEARING(S):

RS100628 – 7:08:29  (Tab M) For recording purposes only, consider final plat for Mills Creek, Unit I, filed by Musselwhite Road Ventures, LLC, owner, to construct a 4-lot subdivision on approximately 8.19 acres. The property is zoned as Open Rural (OR) and designated as Agriculture by the Future Land Use Map (FLUM). Property is located on the north side of Sauls Road and on the west side of Musselwhite Road, Callahan area.

 

Commissioners Ex-parte Comunications:

None.

 

 

Waive Presentation:

RS100628 – 7:09:08 Paige Johnston, attorney with Rogers Towers on behalf of the applicant, came forward to waive presentation and rely on staff’s recommendation. She would be available to answer any questions.

 

 

Documents Submitted For the Record:

RS100628 – 7:08:35  Agenda request; plat review application and general information; minutes from August 24, 2009; Development Review – plat checklist; e-mail from Jason Gregory, GIS Department, to Anita Dobrosky, Growth Management, dated January 4, 2010; aerial map; and preliminary plat received January 20, 2010.

 

Motion:   Accept documents into the record as stated above.

Maker:    Commissioner Johnson

Second:   Commissioner Holloway

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

Absent:   Commissioners Leeper and Boatright.

Follow Up: Growth Management, Clerk Staff

    

    

Motion:   Open floor to public discussion.

Maker:    Commissioner Johnson

Second:   Commissioner Holloway

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

Absent:   Commissioners Leeper and Boatright.    

 

 

Deputy Clerk swore in staff to provide testimony.

 

 

Discussion: Mr. Fufidio reviewed the request.

 

 

 

 

Motion:   Close floor to public discussion.

Maker:    Commissioner Holloway

Second:   Commissioner Johnson

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

Absent:   Commissioners Leeper and Boatright.    

 

Discussion: The group discussed the sixty (60) foot right-of-way on Sauls Road, and the easement or right-of-way from the interior of the Mills Creek II Subdivision.

 

Motion:   Approve, based upon competent substantial

evidence in the record, Tab M filed by Musselwhite Road Ventures, LLC.

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: Growth Management, County Attorney, Clerk Staff

 

 

QUASI-JUDICIAL PUBLIC HEARING(S):

RS100628 – 7:14:27  (Tab N) For recording purposes only, consider final plat for Mills Creek, Unit II, filed by Musselwhite Road Ventures, LLC, owner, to construct a 5-lot subdivision on approximately 13.47 acres. The property is zoned as Open Rural (OR) and designated as Agriculture by the Future Land Use Map (FLUM). Property is located on the north side of Sauls Road and on the west side of Musselwhite Road, Callahan area.

 

Commissioners Ex-parte Comunications:

None.

 

Documents Submitted For the Record:

RS100628 – 7:15:06  Agenda request; plat review application and general information; minutes from August 24, 2009; Development Review – plat checklist; e-mail from Jason Gregory, GIS Department, to Anita Dobrosky, Growth Management, dated January 4, 2010; aerial map; and preliminary plat received January 20, 2010.

 

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

 

 

Waive Presentation:

RS100628 – 7:15:37 Ms. Johnston came forward to waive presentation.

 

Motion:   Open floor to public discussion.

Maker:    Commissioner Holloway

Second:   Commissioner Johnson

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

Absent:   Commissioners Leeper and Boatright.    

    

 

Discussion: Mr. Fufidio reviewed the request and commented that the survey note No. 12 on the plat has the conditions as previously approved by the Board on August 24, 2009.

 

Motion:   Close floor to public discussion.

Maker:    Commissioner Holloway

Second:   Commissioner Johnson

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

Absent:   Commissioners Leeper and Boatright.    

 

 

Motion:   Approve, based upon competent substantial

evidence in the record, Tab N filed by Musselwhite Road Ventures, LLC.

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: Growth Management, County Attorney, Clerk Staff

 

 

 

COUNTY ATTORNEY BUSINESS:

RS100628 – 6:32:12  (Tab O) Receive Board direction regarding the Lobbyist Service Contract with Jacobs Scholz and Associates, LLC.  County Attorney requested that item be pulled from the agenda.

 

 

RS100628 – 6:32:12  (Tab P) Receive Board direction regarding the Lobbyist Service Contract with Mark Anderson.  County Attorney requested that this item be pulled from the agenda.

 

 

EXPANSION ITEMS:

RS100628 – 6:31:56  (1) Approve application to access the Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Special Operations – SWAT), Fiscal Year 2010, in the amount of $80,688.00; and open the thirty-day governing body review and public comment time period. (2) Approve release of retainage to Barber Construction Services for the American Beach Community Center Project and authorize pay application #3211-15 in the amount of $69,598.10.  Authorize the Chairman to sign a letter of support for inclusion of Nassau County within the Service Area of the Foreign-Trade Zone (FTZ) 64.

 

Motion:   Expand the meeting to consider (3) items as

          stated above.

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: County Manager

 

 

RS100628 –_6:33:30  Expansion Item #1: Approve application to access the Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Special Operations – SWAT), Fiscal Year 2010, in the amount of $80,688.00; and open the thirty-day governing body review and public comment time period.

 

Discussion: Eron Thompson, Sheriff’s Department, reviewed the request.

 

Motion:   Approve expansion item #1 as stated above.

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: Finance, OMB, Sheriff, County Manger

 

 

RS100628 –__6:37:58  Expansion Item #2:  Approve release of retainage to Barber Construction Services for the American Beach Community Center Project and authorize pay application #3211-15 in the amount of $69,598.10.

 

Discussion: Daniel Salmon, Building Maintenance Director, reviewed the request and discussion followed.

 

Motion:   Approve release of retainage to Barber

Construction Services for the American Beach Community Center Project and authorize pay application #3211-15 in the amount of $69,598.10; conditioned upon the prior approval of the County Attorney and Contract Management offices that they are satisfied that the proper proofs of payments to sub-contactors have been ensured.

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: Finance, OMB, Building Maintenance, County

           Manager, Contract Management, County Attorney

 

 

RS100628 –_6:40:53  Expansion Item #3:  Authorize the Chairman to sign a letter of support for inclusion of Nassau County within the Service Area of the Foreign-Trade Zone (FTZ) 64.

 

Discussion: Steve Rieck, Nassau County Economic Development Board, reviewed the request and the group discussed the potential cost.

 

Motion:   Approve expansion item #3 as stated above.

Maker:    Commissioner Johnson    

Second:   Commissioner Holloway   

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

Absent:   Commissioners Leeper and Boatright.    

Follow Up: County Manager

 

 

 

DISCUSSION ITEMS:  

RS100628 – 7:19:44 County Manager on behalf of Commissioner Boatright’s Business:   

 

Motion:   Approve to waive the rental fee for the Callahan

Pop Warner Cheerleaders to use the Callahan County Building on July 15, 2010 from 6:00 p.m. to 8:30 p.m.

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

Action:   Aye: Commissioners Leeper, Boyle, Johnson,

and Holloway.

Absent:   Commissioner Boatright.      

Follow Up: Building Maintenance, OMB, Finance, Bonnie Green

 

 

RS100628 – 7:21:46 Mr. Herring advised that his department would be issuing a press release on June 29, 2010 to notify citizens regarding the commencement of construction related to the Chester Road/A1A/Amelia Concourse Project.

 

 

RS100628 – 7:22:25 Commissioner Holloway’s Business:

 

  • Briefly discussed the signage to be place at construct sites for projects funded with Impact Fees.

 

 

RS100628 – 7:23:00 Chairman Boyle’s Business:

 

  • Requested that everyone keep Commissioner Leeper and his family in their prayers.

 

There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 7:25 p.m.

 

 

 

_____________________________

Michael H. Boyle, Chairman

 

 

Attest:

 

 

 

____________________________

John A. Crawford, Ex-Officio Clerk

 

 

 

 

 

 

 

 

ATTACHMENT “A”

 

 

Finance Package 2010-16:

 

 

Budget Transfer(s):

 

  1. In the Impact Fee Fund in the amount of $1,512,000.00 for the Chester Road/SR200 improvement project.

 

  1. In the Nassau-Amelia Utilities Fund in the amount of $6,038.00 for refund of Fiscal Year 03/04 fees charged in error.

 

Resolution(s):

 

  1. Resolution 2010-115, regarding budget amendment in the Capital Projects-Transportation Fund in the amount of $1,430,369.00 for the Chester Road/SR200 improvement project.

 

Inventory Deletions/Changes:

 

Board of County Commissioners, CB15, Annex Office (Old

Hospital)

Library, 1812 Microfiche/Microfilm Reader Printer, Serial

No. Canon 33214033

Clerk of Court-Administration, 05194, 2000/Fax Machine,

Serial No. A0109300059