Nassau County Board of County Commissioners Regular Session, December 21, 2016, 9:00 A.M.

Nassau County Board of County Commissioners Regular Session, December 21, 2016, 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 Daniel B. Leeper, Commissioners Pat Edwards, Justin Taylor and George V. Spicer. Absent: Commissioner Steve W. Kelley. Other Officials Present: Michael S. Mullin, County Attorney; Ted Selby, County Manager; and Shanea Jones, Assistant County Manager. Staff Present: Justin Stankiewicz, Office of Management and Budget Director; Scott Herring, Public Works Director; Taco Pope, Planning and Economic Opportunity Director; and representing the Clerk’s office Brenda Linville and Peggy Snyder, Deputy Clerks. Official Agenda Summary: Audience Input: RS161221- 9:02:37 The following individuals came forward to address construction vehicles accessing Clements Road for the Woodbridge Phase III Development, as well as drainage issues: Carl Freeman, Ferrell Burkett, and Tom Van Beek. The group discussed issuing a cease and desist order. The Board requested that staff contact Dan McCranie, McCranie and Associates, to come before the Board this morning to address this matter. RS161221 – 9:31:01 Upon his arrival Mr. McCranie came forward stating that he had spoken to the contractor this morning and the contractor said that he has put the gate back up; therefore, no one can access the entrance on Clements Road. Discussion followed regarding whether the Board can fine the contractor for using Clements Road; placing a sign on the gate restricting entry; sending a letter to the contractor stating that construction equipment cannot access Clements Road; removing the culvert at the gate and installing pylons. The group briefly addressed the drainage issues on Clements Road with Mr. McCranie. Motion: Approve the following: (1) Authorize the installation of a sign to be placed on the gate at the entrance of the Woodbridge Phase III site on Clements Road prohibiting entry [language for sign to be approved by the County Engineer]. (2) Authorize the County Engineer to contact the contractor {Mr. Holland} to advise him that no construction equipment can utilize Clements Road or there will be a cease and desist order issued. (3) If there is a violation, authorize the County Manager to issue the cease and desist order to the contractor with a copy to the engineer and developer. (4) Remove the culvert and install pylons at the access point to Woodbridge in order to prevent construction vehicles from accessing Clements Road; that work should occur by the end of the year, subject to review and approval by the County Engineer. (5) The timeframe for the cease and desist order would be: 1st violation, 5 working days; 2nd violation, 15 working days; 3rd violation, 30 working days. Maker: Commissioner Spicer Second: Commissioner Edwards Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: County Manager, County Attorney, Public Works RS161221 – 9:08:16 Stacey Cooper came forward to address the Willams Family Trust to reauthorize a variance approved by the Public Works Director in 2001 related to use of a 30 foot easement off of Barnwell Road (Tab K). Chairman Leeper advised Mr. Cooper that the Board would be considering this item later in the meeting. RS161221 – 9:12:17 Stephanie Hamilton came forward to request an update on the roads in the Swallowfork Subdivision. Request: Public Works Director to contact Ms. Hamilton with an update on Swallowfork Subdivision. RS161221 – 9:13:51 Ronald Jolley came forward to speak against the 180 day moratorium on the establishment of Medical Marijuana Dispensing Facilities (Tab N). PRESENTATIONS: RS161221 – 9:23:02 (Tab A) Frank Mushuda, Director of Facilities Maintenance, and Billy Stonebreaker, Assistant Director, regarding monthly status update on Facilities Maintenance and Parks & Recreation activities. Discussion: Mr. Mushuda came forward to review monthly activities. The group welcomed Mr. Mushuda as the new Facilities Maintenance Director. They also discussed an issue with the cell doors at the Detention Center and completion of the Sheriff’s Administration building. RS161221 – 9:49:39 (Tab B) Ted Selby, County Manager re: Annual Report. Discussion: Mr. Selby reviewed the financial impacts and accomplishments of each department for Fiscal Year 2015/16. Brief discussion followed. CONSTITUTIONAL OFFICER BUSINESS(S): RS161221 -_10;14:42 (Tab C) Approve and authorize the Chairman to sign the Certificate of Acceptance of Subgrant Award and the Attestations and Certifications form as required for the Edwards Byrne Memorial Justice Assistance Grant; and authorize the Chairman to sign associated budget amendment. (Grant Award = $45,615) Motion: Approve Tab C as stated above and authorize the Chairman to sign Resolution 2016-178 regarding same. Maker: Commissioner Edwards Second: Commissioner Spicer Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: Finance, OMB, Sheriff, Grants RS161221 -_10:15:07 (Tab D) Approve a budget amendment of $11,631.00 for SHIP Housing Counseling Funding from the Florida Housing Finance Corporation to be used for the Foreclosure Counseling Program; and authorize the Chairman to sign associated Housing Counseling Funding Certification and Request form. Motion: Approve Tab D as stated above and authorize the Chairman to sign Resolution 2016-175 regarding same. Maker: Commissioner Edwards Second: Commissioner Spicer Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: Finance, OMB, Grants CONSENT ITEM(S): RS161221 – 10:15:32 Approve the following: (Tab E) Finance Package 2017-03 and associated Resolutions. (Tab F) Authorization for the Chairman to sign Amendment No. 6 to the agreement with The Salvation Army, Contract No. CM1358-A6, for Misdemeanor Probation Services for the Fourth Judicial Circuit, in and for Nassau County, Florida. (Tab G) Adding new Policy 3.03, Fuel Card Usage, into the Nassau County Employee Policies and Procedures effective January 1, 2017. Motion: Approve consent agenda items (Tabs E, F and G) as stated above. (See Attachment “A” for Tab E) Maker: Commissioner Edwards Second: Commissioner Taylor Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: Finance, OMB, County Manager, Planning and Economic Opportunity RS161221 – 10:16:08 Motion: Adjourn as the Board of County Commissioners and convene as the SAISS MSBU Governing Board. Maker: Commissioner Spicer Second: Commissioner Taylor Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley RS161221 – 10:16:22 (Tab H) Approve and authorize the Chairman to sign Task Order No. CM1852-TO20 to Olsen & Associates, Inc. for Post-Hurricane Matthew Design Survey, Analysis, and FEMA Project Workshop Development Assistance for the SAISSA-MSBU Engineered Beach Project. Funding source: 43607539-531061 HMATT. Motion: Approve Tab H as stated above. Maker: Commissioner Edwards Second: Commissioner Spicer Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: Finance, OMB, Bill Moore, Contract Management RS161221 – 10:16:45 Motion: Adjourn as the SAISS MSBU Governing Board and convene as the Board of County Commissioners. Maker: Commissioner Taylor Second: Commissioner Edwards Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley REGISTER: The Chairman signed the register for the following warrants: Warrant Nos. 232736 thru 232839 dated 12-13-16 for a register total of $129,445.45; Warrant Nos. 232839 thru 233015 dated 12-16-16 for a register total of $470,430.89; Warrant Nos. 233016 thru 233019 dated 12-20-16 for a register total of 23,358.19; and, Wire Transfer No. 1703142 dated 11-28-16 for a register total of $3,656.87. NEW BUSINESS: RS161221 – 10:17:02 (Tab I) Discuss/consider an employment contract with Shanea Jones for County Manager, Contract No. CM2394; and consider payout of 680 hours of accrued sick leave totaling $33,733.30 to be issued on December 30, 2016. Funding source: County Manager Annual Budget Motion: Approve Tab I as stated above and authorize the Chairman to sign employment contract. Maker: Commissioner Edwards Second: Commissioner Taylor Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: Finance, OMB, Contract Management, Shanea Jones RS161221 – 10:21:54 (Tab J) Discuss/consider a Right-of-Way Permit to allow permanent parking on Lents Road for Bells River Estate Phase II Townhomes. Discussion: Mr. Mullin reviewed the request as it relates to the Conditional Use and Variance Board meeting regarding this matter. Asa Gillette, Gillette and Associates, came forward to withdraw the request. Mr. Gillette responded to an inquiry explaining that when researching this application, his firm determined that the surveyor originally sited the building in the wrong location. Mr. Mullin stated that after meeting with the County Building Official, a change to Ordinance 1997-19 would come back to the Board, which would require a survey at the time the foundation is done for commercial and multi-family building, which would address this issue. Michelle Holbrook provided a brief history regarding this matter. Motion: Board confirms the variance that was approved by the Conditional Use and Variance Board for the Bells River Estate Phase II Townhome that is over the setback line. Approval is not contingent on the request for a waiver for the parking on the right-of-way permit which was withdrawn by the agent for the applicant. Maker: Commissioner Edwards Second: Commissioner Spicer Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: Public Works, Planning and Economic Opportunity, County Attorney RS161221 – 10:28:15 (Tab K) Consider request from the Williams Family Trust to reauthorize a variance approved by the Public Works Director in 2001 related to use of a 30-foot easement off of Barnwell Road. Discussion: Mr. Mullin reviewed the request. Motion: Approve Tab K as stated above. Maker: Commissioner Edwards Second: Commissioner Spicer Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: Public Works, County Attorney RS161221 – 10:30:01 (Tab L) Approve the following: (1) authorization for the Chairman to sign Amendment No. 4 to the contract with GAI Consultants, Inc. Contract No. CM1831-A4, for Miscellaneous Engineering Services for Nassau Amelia Utilities {NAU}; (2) authorization for the Chairman to sign Work Authorization No. CM1831-WA12 for GAI Consultants, Inc. to provide Engineering Services for the Wastewater Treatment Facility [WWTF] Clarifiers Numbers 1 and 2 Rehabilitation at NAU in the amount of $106,710.00; (3) authorization for the Chairman to sign Work Authorization No. CM1831-WA13 for GAI Consultants, Inc. to provide Engineering Services for Transmission Mains Hydraulic Modeling in the amount of $88,310.00; and (4) authorization for the Chairman to issue a Notice to Proceed for each Work Authorization. Funding source(s): 71500535-563551 WWSC and 71500533-531400 HMODL. Motion: Approve Tab L as stated above. Maker: Commissioner Edwards Second: Commissioner Taylor Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: Finance, OMB, Contract Management, NAU RS161221 – 10:30:26 (Tab M) Discuss topics for the Joint Meeting with the School Board being held on Tuesday, January 17, 2017 at 6:00 p.m. Noted: Add the following items to the agenda for the Joint Meeting with the School Board being held on January 17, 2017 at 6:00 p.m.: (1) New school on Edwards Road as part of the Three Rivers Development. (2) Status update on the “Save Yulee Middle School.” It was requested that commissioners notify the County Manager’s office with any items that they would like to add to the agenda. NON-QUASI-JUDICIAL PUBLIC HEARING(S): RS161221 – 10:38:10 (Tab N) Second public hearing for consideration of an Ordinance declaring zoning in progress and imposing a moratorium on the establishment of Medical Marijuana Dispensing Facilities and acceptance and processing of applications in the unincorporated areas of Nassau County for a period of 180 days; providing for penalties; providing for severability; and providing for an effective date. Mr. Mullin read the legislative procedures. Motion: Open the floor to public discussion. Maker: Commissioner Edwards Second: Commissioner Taylor Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Discussion: Mr. Mullin reviewed the request. Public Input: Susan Woodford, Nassau Alcohol Crime Drug Abatement Coalition (NACDAC) Executive Director, came forward to speak in favor of the ordinance. Motion: Close the floor to public discussion. Maker: Commissioner Edwards Second: Commissioner Taylor Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Motion: Approve Tab N as stated above and authorize the Chairman to sign Ordinance 2016-15 regarding same. Maker: Commissioner Edwards Second: Commissioner Taylor Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: Planning and Economic Opportunity, County Attorney INFORMATIONAL ITEM(S): RS161221 – 10:39:00 (Tab O) Monthly status update on Building Department and Code Enforcement activities. Informational only. RS161221 -_10:39:00 (Tab P) Monthly status update on County Extension activities. Informational only. RS161221 -_10:39:00 (Tab Q) Monthly status update on Public Works activities. Informational only. RS161221 -__10:39:00 (Tab R) Informational only: monthly status update on all contract amendments, change orders, task orders, and work authorizations approved by the County Manager in November 2016, as required by Section 6.2 of the Nassau County Purchasing Policy. RS161221 -_10:39:00 (Tab S) Informational only: Arts & Culture Nassau activity report for the period of December 13, 2015 through December 12, 2016. EXPANSION ITEMS: RS161221 – 9:14:57 (1) Approve a Resolution Honoring Winifred Favors on her Retirement After Nearly Twenty-Eight [28] Outstanding Years of Service with the County. (2) Approve and authorize the Chairman to sign two budget transfers in the amount of $31,000.00 for repairs to the cell doors, controls and hardware at the Detention Center. Funding source: General Fund Reserve for Capital Plan. (3) Approve and authorize the Chairman to sign an amendment to the Work Authorization for Debris Monitoring Services related to Hurricane Matthew, increasing the Not to Exceed Amount from $200,000 to $400,000.00 to cover the current expenses and the remaining scope of work. Funding source: Reserves. (4) Approve and authorize the Chairman to sign the application for the Federal Fiscal Year 2016 Edward Byrne Memorial Justice Assistance Grant {JAG} Program – Florida JAG Direct and the Equal Opportunity Requirements Form for award of grant funds totaling $6,023.00. (5) Respectfully request approval of the Public Official Bonds for Commissioner Daniel B. Leeper, Commissioner Pat Edwards and Commissioner Justin M. Taylor, and authorization for Chairman to sign the bonds. (6) Request Board approval and authorization for Chairman to sign the Bill of Sale form for water and sewer services for the Sheriff’s Administration Building Project. (7) Discussions with JEA. Motion: Expand the meeting to consider seven (7) items as stated above. Maker: Commissioner Edwards Second: Commissioner Taylor Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: County Manager, County Attorney RS161221 – 9:16:43 Expansion Item #1: Approve a Resolution Honoring Winifred Favors on her Retirement After Nearly Twenty-Eight (28) Outstanding Years of Service with the County. Motion: Approve expansion item 1 as stated above and authorize the Board to sign Resolution 2016-174 regarding same. Maker: Commissioner Second: Commissioner Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: County Manager, Extension Services RS161221 – 10:39:12 Expansion Item #2: Approve and authorize the Chairman to sign two budget transfers in the amount of $31,000.00 for repairs to the cell doors, controls and hardware at the Detention Center. Funding source: General Fund Reserve for Capital Plan. Motion: Approve expansion item 2 as stated above. Maker: Commissioner Spicer Second: Commissioner Edwards Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: Finance, OMB, County Manager, Sheriff, Facilities Maintenance RS161221 – 10:40:16 Expansion Item #3: Approve and authorize the Chairman to sign an amendment to the Work Authorization for Debris Monitoring Services related to Hurricane Matthew, increasing the Not to Exceed Amount from $200,000.00 to $400,000.00 to cover the current expenses and the remaining scope of work. Funding source: Reserves. Motion: Approve expansion item 3 as state above. Maker: Commissioner Spicer Second: Commissioner Edwards Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: Finance, OMB, Contract Management, Public Works RS161221 – 10:40:50 Expansion Item #4: Approve and authorize the Chairman to sign the application for the Federal Fiscal Year 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program – Florida JAG Direct and the Equal Opportunity Requirements Form for award of grant funds totaling $6,023.00. Motion: Approve expansion item 4 as stated above. Maker: Commissioner Spicer Second: Commissioner Edwards Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: Finance, OMB, Sheriff, Grants RS161221 – 10:42:22 _Expansion Item #5: Respectfully request approval of the Public Official Bonds for Commissioner Daniel B. Leeper, Commissioner Pat Edwards and Commissioner Justin M. Taylor, and authorization for Chairman to sign the bonds. Motion: Approve expansion item 5 as stated above. Maker: Commissioner Edwards Second: Commissioner Taylor Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: County Attorney, Clerk Staff RS161221 – 10:45:47 Expansion Item #6: Request Board approval and authorization for Chairman to sign the Bill of Sale form for water and sewer services for the Sheriff’s Administration Building Project. Discussion: Mr. Mullin commented that JEA required a form be signed by the Chairman to determine the sale of lines that are underneath the Sheriff’s Administration building, which will indicate that JEA owns those lines. Mr. Mullin distributed a letter dated December 20, 2016 from the Florida Department of Environment Protection (FDEP) regarding potable water at the Nassau County Sheriff’s Office final clearance, Lofton Oaks Grid. Motion: Approve expansion item 6 as stated above. Maker: Commissioner Spicer Second: Commissioner Edwards Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: Finance, OMB, County Attorney RS161221 – 10:47:36 Expansion Item #7: Discussions with JEA. Discussion: Mr. Mullin explained that he, representatives from the Office of Management and Budget, County Manager’s office, and Planning and Economic Opportunity have met with JEA officials to discuss several issues regarding the interlocal agreement as it relates to different sections of the agreement that was executed on or about 2002. He commented on the meetings, some of which were held in Jacksonville to address the outstanding financial issues that will be coming before the Board. They also met with JEA to address other issues within the agreement regarding Sections 4.1, 4.4, 4.7, 4.8, 4.9, 6, 9, 10, 11, and then to address the items within the ENCPA. Mr. Mullin commented that staff would be bringing back within the next forty-five days suggested changes to the interlocal agreement. COUNTY ATTORNEY BUSINESS: RS160711 – 10:46:47 Mr. Mullin advised that he discussed with each commissioner individually the need to set a public hearing to amend Ordinance 1986-15, which is the ordinance adopted in 1986 indicating or setting forth the County Administrator duties. The Board needs to amend that Ordinance changing “shall” to “may”. Motion: Set a public hearing for January 9, 2017 at 6:00 p.m. or as soon thereafter as the matter may be heard to amend Ordinance 86-15 which set forth the County Administrator duties by changing the word “shall” to “may”. Maker: Commissioner Spicer Second: Commissioner Taylor Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: County Attorney, County Manager RS161221 – 10:50:19 Mr. Mullin addressed several e-mails that various commissioners have received regarding the cellular tower on the golf course at Summer Beach. He explained the process for cellular tower hearings, as well as the statutory provision that allows the County to hire a third party expert to evaluate the tower and look at alternative sites, and provide staff with technical information, which Mr. Pope has already done (cost for the evaluation is paid by the cellular tower applicant). Mr. Mullin commented that Mr. Pope is trying to schedule a meeting with the Summer Beach residents to try to explain what the law is as it related to cellular towers. Motion: Schedule a joint workshop with the Conditional Use and Variance Board on January 23, 2017 at 5:00 p.m. to discuss cellular tower case law and the Telecommunications Act. Maker: Commissioner Edwards Second: Commissioner Spicer Action: Aye: Commissioners Leeper, Edwards, Spicer, and Taylor Absent: Commissioner Kelley Follow Up: Board, County Attorney, County Manager, CU&V, Clerk Staff DISCUSSION ITEMS: RS161221 – 10:55:51 Commissioner Spicer’s Business: None. RS161221 – 10:56:12 Commissioner Taylor’s Business: • Advised that the Water Management District has granted $500,000.00 for the Thomas Creek cleanup efforts. • Attended the Fire Rescue promotion ceremony as well as the graduation of new recruits on December 23, 2016. • Congratulated Ms. Jones on her new position as County Manager. RS161221 – 10:57:08 Commissioner Edwards’ Business: • Also congratulated Ms. Jones on her new position and looks forward to working with her in the future. RS161221 – 10:57:27 Chairman Leeper’s Business: • Congratulated Ms. Jones on her new position and looks forward to working with her. • Thanked Mr. Selby for all the great work that he has done for the County. • Congratulated all the new Fire Rescue recruits. All the Commissioners wished everyone a “Merry Christmas and a Happy New Year.” There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 10:58 a.m. _____________________________ Daniel Leeper, Chairman Attest: ____________________________ John A. Crawford, Ex-Officio Clerk ATTACHMENT “A” Finance Package 2017-03: Budget Transfer(s): 1. In the SAISSA MSBU Find in the amount of $80,000.00 for storm related expenditures associated with Hurricane Matthew. Resolution(s): 1. Resolution 2016-176, regarding budget amendment in the General Fund in the amount of $104.00 for reimbursement of damaged/lost materials, as well as donation, for the Nassau County Library System. 2. Resolution 2016-177, regarding budget amendment in the in the General Fund in the amount of $122.00 for reimbursement of damage/lost materials, as well as donation, for the Nassau County Library System.
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