Nassau County Board of County Commissioners Regular Session, November 8, 2010, 6:00 p.m.

Nassau County Board of County Commissioners

Regular Session, November 8, 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, Barry V. Holloway, and Walter J. Boatright.

 

Absent:   Commissioners Daniel B. Leeper    

 

 

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

 

 

Staff Present: Melanie Bowers, Clerk’s Internal Audit Review Coordinator; 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:

None.

 

 

RS101108 – 6:04:26 Chairman Boyle commented that he and Mr.  Fufidio attended the 2010 Annual Chapter Meeting of the Florida Coast Chapter of Florida Planning and Zoning Association where Nassau County received the 2010 Outstanding Public Development Award for the American Beach Community Center.

 

 

RESOLUTION(S):

RS101108 – 6:05:33  (Tab A) Approve Resolution proclaiming the Week of November 7 thur 13, 2010, as “Animal Shelter Appreciation Week” in Nassau County, Florida.

 

Discussion: Deborah Biggs, Animal Control Director, came forward to thank the Board and all the volunteers for their support. The group thanked Ms. Biggs, her staff and all the volunteers for their hard work.

 

Motion:   Approve Tab A as stated above and authorize the

          Board to sign Resolution 2010-162 regarding same.

Maker:    Commissioner Holloway   

Second:   Commissioner Boatright  

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

Boatright.

Absent:   Commissioner Leeper

Follow Up: Animal Control, Clerk Staff

 

 

PRESENTATION(S):

RS101108 – 6:11:05 (Tab B) Connie Daughtry, Yulee Holiday Festival Committee, regarding the following: (1) 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 Yulee Holiday Festival Parade to be held December 11, 2010; (2) consider waiving rental fee for use of the Yulee Sports Complex; and (3) discuss Ordinance No. 98-17 (Outdoor Festivals).

 

Discussion: Ms. Daughtry came forward to review with the Board her requests, which included festival permit requirements pursuant to Ordinance No 98-17 and the indemnity agreement.

 

Motion:   Approve the following: (1) 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 Yulee Holiday Festival Parade to be held December 11, 2010; (2) waive rental fee for use of the Yulee Sports Complex and gym; (3)expend $1,000.00 from District 3 and $250.00 each from Districts 1, 2, 4, and 5 Discretionary Fund (totaling $2,000.00) for parade and festival insurance; (4) waive the festival permit fee and the 60 day notice; and (5) waive the cash and clean up Bond.

Maker:    Commissioner Johnson    

Second:   Commissioner Boatright  

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

Boatright.

Absent:   Commissioner Leeper.    

Follow Up: Finance, OMB, County Manager

 

 

FINANCIAL ITEMS:

RS101108 – 6:22:21  (Tab C) Award bid No. NC10-036 and authorize the Chairman to sign contracts with the following for Pharmaceutical Supplies for Fire Rescue: (1) Kentron Health Care, Contract No. CM1669; (2) Bound Tree Medical, Contract No. CM1670; (3) Henry Schein, Contract No. CM1671; (4) Midwest Medical Supply, Contract No. CM1672; (5) Quadmed, Contract No. CM1673; and (6) Moore Medical, Contract No. 1678. Funding source: 01261526-552221.

 

Discussion: Fire Chief Sam Young provided an update regarding the health of Fire Chief Dave Pearson, Nassau Oaks Volunteer Fire Department.

 

Motion:   Approve Tab C as stated above.

Maker:    Commissioner Holloway   

Second:   Commissioner Boatright  

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

Boatright.

Absent:   Commissioner Leeper.    

Follow Up: Finance, OMB, County Manager, Contract

           Management, Fire/Rescue

 

 

RS101108 – 6:24:44  (Tab D) Approve the following: (1) award Bid No. NC10-034 to Chism Development Company, Inc., in the amount of $971,452.00 for Fire Station #60 New Construction Project; (2) authorize the Chairman to sign Contract No. CM1677; and (3) authorize staff to issue the Notice to Proceed, contingent upon receipt of the Performance Bond, Payment Bond and Certification of Insurance.  Funding source: 68223522-562300-ST60.

 

Discussion: Mr. Selby requested the Board to continue this item in order for staff to obtain additional information regarding changes at the site and the flood zone issues.

 

Motion:   Continue to November 10, 2010 at 9:00 a.m.

          consideration of Tab D as stated above.

Maker:    Commissioner Holloway   

Second:   Commissioner Johnson    

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

Boatright.

Absent:   Commissioner Leeper.    

Follow Up: Fire/Rescue, Contract Management, County Manager

 

 

RS101108 – 6:25:50  (Tab E) Approve Finance Package 2011-03 and associated Resolutions.  

 

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

          “A”)

Maker:    Commissioner Holloway   

Second:   Commissioner Boatright  

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

Boatright.

Absent:   Commissioner Leeper.    

Follow Up: Finance, OMB

 

 

Motion:   Adjourn as the Board of County Commissioners and

convene as the SAISS MSBU Governing Board.

Maker:    Commissioner Johnson    

Second:   Commissioner Boatright  

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

Boatright.

Absent:   Commissioner Leeper.    

 

 

RS101108 – 6:26:41  (Tab F) Approve SAISSA Finance Package 2010-13, Draw #191.

 

Motion:   Approve SAISSA Finance Package 2010-13, Draw #191

as follows: Jacobs and Associates, Legal fees, September 2010, in the amount of $2,000.00; Amelia Island Management Inc., Management Fees, September 2010 in the amount of $2,000.00; SIASSA, Copies/Postage (Check #162) in the amount of $56.95; SAISSA, Copies/Postage (Check #166) in the amount of $27.12; and SAISSA, (Check #165) in the amount of $1,069.47; SAISSA, (Check #168) in the amount of $1,181.28; and SAISSA, (Check #167) in the amount of $67.12.

Maker:    Commissioner Holloway

Second:   Commissioner Boatright

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

Boatright.

Absent:   Commissioner Leeper.

Follow Up: Finance, OMB, County Manager

 

 

Motion:   Adjourn as the SAISS MSBU Governing Board and

          reconvene as the Board of County Commissioners.

Maker:    Commissioner Holloway

Second:   Commissioner Boatright

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

Boatright.

Absent:   Commissioner Leeper.

 

 

REGISTER:

The Chairman signed the register for the following warrants: Warrant Nos. 172708 thru 172755 dated 10-27-10 for a register total of $94,091.06; Warrant Nos. 172756 thru 172764 dated 10-28-10 for a register total of $8,542.16; Warrant Nos. 172765 thru 172838 dated 10-29-10 for a register total of $780,117.29; Wire Transfer Nos. 207 thru 207 dated 10-04-10 for a register total of $400.00; Wire Transfer Nos. 209 and 49242 dated 10-15-10 for a register total of $6,809.93; Wire Transfer Nos. 107605, 107606, and 108043 dated 10-22-10 for a register total of $12,120.43; Warrant Nos. 172839 thru 172903 dated 11-02-10 for a register total of $318,072.45; and Warrant Nos. 172904 thru 173013 dated 11-05-10 for a register total of $135,744.82.

 

 

NEW BUSINESS:

RS101108 – 6:27:49  (Tab G) Consider request for waiver of paving requirements outlined in Section 29-41 of the Nassau Code of Laws and Ordinances, Roads and Driveways, for property located within the Town of Crawford plat.

 

Discussion: Nick Gillette, Gillette and Associates, came forward to respond to inquiries regarding the citizens’ responsibility related to the maintenance of the road and the lot sizes. Mr. Hallman commented that the Board is not in any way directly or indirectly implied or otherwise being requested to rule upon the issue of the division of the lots. The Board is simply stating that before they embark on the extensive process of seeing whether the project can be approved, that up front they know that the paving requirements have been approved in advance and may not get the approval for dividing the ten (10) acre lots. Discussion followed regarding roads associated with said application.

 

Motion:   Approve Tab G as stated above.

Maker:    Commissioner Holloway   

Second:   Commissioner Boatright  

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

Boatright.

Absent:   Commissioner Leeper.

Follow Up: Engineering Services, County Manager

 

 

CONSENT ITEM(S):

RS101108 – 6:36:43  (Tab H) Approve the following: (1) authorize the Chairman to sign the 2010/2011 Consolidated Small County Solid Waste Grant Agreement #125SC form for the award amount of $70,588.00; and (2) authorize the Chairman to sign the letter regarding change of Grantee’s contact person.

 

Motion:   Approve Tab H as stated above.

Maker:    Commissioner Holloway   

Second:   Commissioner Boatright  

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

Boatright.

Absent:   Commissioner Leeper.

Follow Up: Finance, OMB, Solid Waste Management, Public

           Works Director, County Manager

 

 

RS101108 – 6:37:30  (Tab I) Approve Board minutes from the regular session and public hearings held on September 15, and October 21, 2010; the regular sessions held on September 27, October 11, October 13, and October 25, 2010; and special session held on October 18, 2010.

 

Motion:   Approve Tab I as presented.

Maker:    Commissioner Boatright  

Second:   Commissioner Holloway   

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

Boatright.

Absent:   Commissioner Leeper.

Follow Up: Clerk Staff

 

 

NON-QUASI-JUDICIAL PUBLIC HEARING(S):

RS101108 – 6:59:17  (Tab J) Consider an Ordinance Amending Ordinance No. 93-5, Known as the Home Solicitation Sales Ordinance; Specifically Amending Section One, Short Title; Section Two, Definitions; Section Three, Application; Section Four, Home Solicitation Sale, Permit Required; Providing for an Effective Date.

 

Motion:   Open floor to public discussion.

Maker:    Commissioner Boatright

Second:   Commissioner Holloway

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

Boatright.

Absent:   Commissioner Leeper.

 

Discussion: Mr. Hallman reviewed the request.

 

No Audience Input.

 

Motion:   Close floor to public discussion.

Maker:    Commissioner Holloway

Second:   Commissioner Boatright

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

              Boatright.

Absent:   Commissioner Leeper.

 

Discussion: The group briefly discussed the regulations.

 

Motion:   Approve Tab J as stated above and authorize the

Chairman to sign Ordinance 2010-12 regarding same.

Maker:    Commissioner Holloway   

Second:   Commissioner Boatright  

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

Boatright.

Absent:   Commissioner Leeper.

Follow Up: County Attorney, Clerk Staff

 

 

NON-QUASI-JUDICIAL PUBLIC HEARING(S):

RS101108 – 7:05:45  (Tab K) Consider an Ordinance Amending Ordinance No. 89-10, as Amended, Known as the Public Nuisance Ordinance; Specifically Amending Section I, Definitions; Providing for an Effective Date.

 

Motion:   Open floor to public discussion.

Maker:    Commissioner Boatright

Second:   Commissioner Holloway

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

Boatright.

Absent:   Commissioner Leeper.

 

Discussion: Mr. Hallman reviewed the request.

 

Audience Input – Joe Roberts, Code Enforcement Board member, came forward to address the definition in the ordinance and encouraged the Board keep it as is. Mr. Hallman clarified that under the unserviceable vehicle it reads “and” not “and/or”. He discussed the Code Enforcement Board’s interpretation and Mr. Roberts’ request. Mr. Roberts responded to an inquiry that the purpose of the Ordinance is to keep citizens from making junkyards out of their backyards. The group discussed State and County Ordinances, vehicles without tags, current language regarding unserviceable vehicle. Mr. Hallman suggested a third option to the unserviceable vehicle definition.  Christine Connery, Code Enforcement Board member, came forward to discuss the definition. She responded to an inquiry questioning who would determine if the vehicle is inoperable.

 

Motion:   Close floor to public discussion.

Maker:    Commissioner Holloway

Second:   Commissioner Boatright

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

Boatright.

Absent:   Commissioner Leeper.

 

 

Motion:   Approve Tab K as stated above and authorize the

Chairman to sign Ordinance 2010-13 regarding same.

Maker:    Commissioner Johnson    

Second:   Commissioner Holloway   

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

Boatright.

Absent:   Commissioner Leeper.    

Follow Up: County Attorney, Clerk Staff

 

 

COUNTY MANAGER BUSINESS:

RS101108 – 6:38:16 Mr. Selby advised that he had distributed a memo from the Public Works Director dated November 1, 2010 regarding clarification on the differing amounts that were quoted by the fabric supplier for Ratliff Road Change Order (Approved on October 25, 2010). Informational only.    

 

 

RS101108 – 6:39:56 Recess.        

 

 

DISCUSSION ITEMS:  

RS101108 – 7:39:55 Commissioner Johnson’s Business:

 

Motion:   Approve agreement with Yulee Basketball.

Maker:    Commissioner Johnson    

Second:   Commissioner Boatright  

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

Boatright.

Absent:   Commissioner Leeper.    

Follow Up: Building Maintenance, Contract Management,

           County Manager

 

  • Advised that she has been asked to be Co-Vice Chair on the Florida Association of Counties Growth Management, Environmental Planning and Agriculture Committee.

 

  • Groundbreaking ceremony on November 15, 2010 at 11:00 a.m. for the William Burgess Boulevard Extension. (Location Harts Road at William Burgess Boulevard)

 

 

Motion:   Expend $250.00 from District 3 Discretionary Fund

payable to Ashley Dilda for the Yulee Senior Annual Dinner.

Maker:    Commissioner Johnson    

Second:   Commissioner  Holloway  

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

Boatright.

Absent:   Commissioner Leeper.    

Follow Up: Finance, OMB, County Manager

 

 

Motion:   Expend $250.00 from District 3 Discretionary Fund

payable to Yulee Middle School to help defray cost for travel to Washington D.C., and Williamsburg and Jamestown, Virginia.

Maker:    Commissioner Johnson    

Second:   Commissioner Holloway   

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

Abstain:  Commissioner Boatright. (See Attachment “B”)

Absent:   Commissioner Leeper.    

Follow Up: Finance, OMB, County Manager

 

  • Update regarding her attendance on behalf of the Nassau County Economic Development Board at the Airline Summit in Ponte Vedra Beach, Florida.

 

 

RS101108 – 7:45:53 Commissioner Boatright’s Business:  

 

  • Tentative date of December 2, 2010 at 11:00 a.m. for the groundbreaking ceremony for the Thomas Creek Clean-Up Project.

 

 

RS101108 -7:47:14  Chairman Boyle’s Business:

 

Motion:   Expend $1,000.00 each from District 2

Discretionary Fund for the following not-for-profit organizations: (1) Boys and Girls Club of Nassau County; (2) Nassau County Council on Aging; and (3) Nassau County Economic Development Board. 

Maker:    Commissioner Johnson    

Second:   Commissioner Boatright  

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

              Boatright.

Absent:   Commissioner Leeper.    

Follow Up: Finance, OMB, County Manager

 

 

There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 7:50 p.m.

 

 

_____________________________

Michael H. Boyle, Chairman

Attest:

 

___________________________

John A. Crawford, Ex-Officio Clerk

 

 

 

 

 

 

 

ATTACHMENT “A”

 

 

Finance Package 2011-03:

 

Budget Transfer(s):

 

  1. In the General Fund in the amount of $104,422.00 to realign the Beach Budget to contract with the City of Fernandina Beach.

 

 

Inventory Deletions/Changes:

 

Building Maintenance Department, 2079, Assistive Listening

System (1996), Serial No. NARRO15674.

Building Maintenance Department, 0006, 1997 Compac Laptop

Serial No. COMPAV720BMV23296.

Building Maintenance Department, M6, Dayton Pressure

Washer, Serial No. C1569681093.

Fire/Rescue Department, 1964(20010723), 1993 Pierce Pumper,

Vin No. 4PICTO2U4PA000678.

Fire/Rescue Department, 1964, 1993 Pierce Pumper, Vin No.

4PICTO2U4PA000678.

Fire/Rescue Department, 1848 (20030309), Computer Dell

GX260, Serial No. HTXGW21.

Grounds Maintenance Department, 2097, 98 Grasshopper Mower,

Serial No. Grass492082-492058.

County Manager, 0217, PA System, Serial No. N/A.

County Manager, BC376, Sony 15473, Serial No. N/A.

Building Maintenance Department, 0702, Ice Machine, Serial

No. HOSIAL05062F.