Nassau County Board of County Commissioners Workshop Session, September 21, 2016, 9:00 a.m. Regular Session, September 21, 2016, 9:00 a.m.

Nassau County Board of County Commissioners
Workshop Session, September 21, 2016, 9:00 a.m.
Regular Session, September 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 Walter J. Boatright, Commissioners Daniel B. Leeper, Steve W. Kelley, Pat Edwards, and George V. Spicer.

Other Officials Present: Michael S. Mullin, County Attorney.

Staff Present: Shanea Jones, Office of Management and Budget Director; Scott Herring, Public Works Director; Taco Pope, Interim Planning and Economic Opportunity Director; and representing the Clerk’s office Brenda Linville and Peggy Snyder, Deputy Clerks.

WORKSHOP SESSION:
WS160921 – 10:51:39 (Tab A) Workshop Session to discuss amendment to the Uniform Addressing Ordinance, as well as amendments to the Land Development Code, Roadway & Drainage Standards, and Subdivision Rules.

Mr. Mullin explained that the Planning and Zoning Board had discussed and reviewed these four draft Ordinances for approximately eight months with the help of staff and members of the public. He advised that the reason for four ordinances is that they are all tied together.

The first ordinance Mr. Mullin addressed was An Ordinance of the Board of County Commissioners of Nassau County, Florida Amending Article 28, Supplementary Regulations, Specifically Section 28.03, Lot to Have Access; Amending Article 29, Nonconforming Lots, Uses and Structures, Specifically Section 29.07, Nonconforming Lots of Record; and Amending Article 32, Definitions, of the Land Development Code; Providing for Findings; Providing for Severability; and Providing an Effective Date.

Mr. Mullin provided an overview of the changes to this draft ordinance amending Article 28, Section 28.03, Lot to have access, states that a lot that does not front a roadway meeting roadway design requirements (Ordinance 99-17) must be approved by THEPublic Works Director. Lots established pursuant to the date this ordinance is approved or are not classified as a Minor Development or Rural Subdivision may be accessed by a private 30-foot easement. Mr. Mullin explained that in 2000, the Board of County Commissioners eliminated the 30-foot easement and inserted instead a 60-foot easement. Different boards at different times over the years have approved a 30-foot easement based upon the signing and recording of a waiver. This draft ordinance reinstitutes the 30-foot easement under those conditions whereby the owners shall maintain the easement.

Commissioner Edwards pointed out that these new regulations will affect some decisions this Board made in the past year such as the nonconforming lot off of Chester Road owned by Blue Potato Properties. Mr. Mullin stated that the new regulation was addressed on page 3, Section 29.07(A) Nonconforming lots of record. Discussion followed.

Mr. Mullin explained that this amendment is to reinstate the 30-foot easement and address the 60-foot private dirt road easements with certain conditions including affidavits acknowledging that the county will not maintain the road. Article 29.07 indicates that non-conforming lots of record shall conform to the requirements of Section 28.03 of the Land Development Code. The inserted date is anticipated to be its adoption date. Also included in Article 32, Definitions, will be the alternate standards for a stabilized surface that meets or exceeds the standards set forth in Article 11 of Ordinance 99-17, Alternate Standards – a stabilized surface that meets or exceeds the standards set forth in Article 11 of Ordinance 99-17. In addition the alternate standards shall provide for a surface that is two (2) vehicles wide with drainage and is approved by the Director of Public Works. Discussion ensued regarding including postal trucks along with emergency vehicles that the county will not guarantee access. Volusia County and Taylor County roadway standards were also discussed. It was noted that an access easement for a Rural Subdivision may be unpaved subject to the requirements set forth in the Volusia County dirt road standards; and a private access easement for a Minor Developments may be unpaved subject to the requirements set forth in the Taylor County dirt road standards. Minor Development up to 8 lots will follow Taylor County dirt road standards. Rural Subdivision over 8 to 25 lots will follow Volusia County dirt road standards.

Next, Mr. Mullin addressed An Ordinance of the Board of County Commissioners of Nassau County, Florida, Amending Ordinance No. 2003-13, as amended, known as the Uniform Addressing and Street Naming Ordinance; Providing for Purpose of Uniform Addressing and Street Naming System; Providing for Definitions; Providing for the Assignment of Structure Numbers; Providing for the Posting of Addresses; providing for Road Names and Designations; Providing for Initial Road Naming; Providing for Road Name Changes; Specifically Amending Section 2, Definitions; Section 3, Assignment of Street Address Numbers; Section 5, Initial Road Naming; Providing for Inclusion in the Nassau County Code; Providing for Severability; and Providing an Effective Date.

Mr. Mullin explained that this ordinance is known as the Addressing Ordinance and the Property Appraiser, by this Board’s direction and ordinance, provides addressing and street naming. He provided an overview of the changes made with the amendments under Section 2, Definitions (3 & 4) – Strike “Way”; and (5) change Sheriff to Property Appraiser. In Section 6, Initial Road Naming and Addressing – (1) Strike “to ensure proper emergency response” because it will not be part of this ordinance. (2) Unnamed private roads off of a county road – new language – Private Road shall not be named unless and until the Director of Public Works, following DRC approval, has provided the Property Appraiser with the requisite documents that the road meets the county standards per Ordinance 99-17, Roadway and Drainage Standards and Ordinance 99-18, Development Review Regulations, and Section 28.03 of the Land Development Code.

The next ordinance for discussion was An Ordinance Amending Ordinance 99-18, as Amended, Known as the “Nassau County Development Review Regulations Ordinance”, Specifically Amending Section 1, Intent and Purpose; Section 2, Definitions; Adding a New Section 3, Development that does not Require Platting; Renumbering Section 3 to Section 4, Plats – Jurisdiction and Procedure; Renumbering Section 4 to Section 5, Subdivision; Deleting Section 5, Site Developments, Which was Previously Repealed by Ordinance 2010-08; Amending Section 6, Nassau County Comprehensive Plan Requirements; Amending Section 7, Grandfather Clause and Special Exceptions; Amending Section 8,Variations and Exceptions; Amending Section 9, Severability; Adding a new Section 11, Enforcement; Renumbering Section 11 to Section 12, Jurisdiction; Renumbering Section 12 to Section 13, Effective Date; Providing Severability; and Providing an Effective Date.

Mr. Mullin explained some of the definition changes made to the ordinance such as under definitions:
• Development – language added to clarify development;
• Development Review Committee – identified members;
• Lot – a parcel of land of at least sufficient size to meet minimum zoning requirements…;
• Minor Development – (dirt road developments) Developments allowable in Open Rural (OR) zones area that provide for creation of lots or parcels, utilizing a 60-foot easement or road that provides for the creation of up to eight 5-acre minimum lots or parcels. Minor Developments are exempt from the requirements of Section 4 and 5 of this ordinance except for Section 5.4.
• Private Access Easements – defined the same as Private Roadways.
• Private Roadways – maintained by Homeowners’ Associations, private individuals or any entity other than Nassau County or the State of Florida and approved by the Director of Public Works.
• Rural Subdivision – (dirt road subdivisions) developments allowable in Open Rural (OR) zones areas that provide for the creation of lot or parcels, utilizing a 60 foot easement or road and that provide for the creation of nine 5-acre minimum lot or parcels up to twenty-five 5-acres minimum lots or parcels. Rural Subdivisions are subject to the requirements of Section 4 and Section 5 of this Ordinance (platting, drainage, etc.). These are subdivisions that allow dirt roads with the alternate standards of Volusia or Taylor County standards as described above. A rural subdivision has the higher dirt road standard which is Volusia County standards and is maintained by the property owners.
• Subdivision: The term, as used herein, is either:
 a) Division of real property in the unincorporated areas of Nassau County into more than two (2) contiguous lots, parcels, tracts, sites or units regardless of how said lots are described, for the purpose of transfer of ownership for development or sale. If the lots, parcels, tracts, sites or units are accessed by an easement, right-of-way or road, this term shall mean any division of any lot, parcel, tract, site or unit; or,
 b) Utilization, establishment or dedication of a road, street, alley, right-of-way or easement through a tract of land resulting in the division of real property, or the selling of more than two lots that are accessed by a private road, street, alley, right-of-way, or easement; or, (the reason is that in the past, if someone created a road and named the private road, they are utilizing it and fit within the definition.)
 d) Resubdivision or replatting of subdivided property requires the submittal of a subdivision plan pursuant to the requirement of this Ordinance; however, on Non-Residential plats, language may be added to the plat that states the following: “Further Subdivision of lots/tracts as shown on the plat shall not be considered a Subdivision nor require further platting or a replat of said lot/tract”. (this would mainly apply towards commercial; the owner would not have to come back each time they add a store to their development.
 f) Developments of commercial or industrial centers, where no new roads are being established, are not subject to the platting requirements of this chapter… (this was suggested by Peter King based upon the County’s current commercial development patterns.)

Mr. Mullin addressed Section 3, Development That Does not Require Platting. This is the Minor Development as identified earlier – one dwelling unit per 5 acres minimum up to eight 5-acre parcels. There must also be a minimum of one-half acre of uplands or 20,000 square feet of contiguous buildable area and must comply with the following criteria:
 i. Creation of a 60-foot easement with the roadway within the easement being 24-feet wide connecting each lot to a county or state maintained road. This is not applicable if the parcel has access by means of county or state road frontage. Roadway must meet requirements as set forth in the Roadway and Drainage Standards, Article 11, Ordinance 99-17.
 ii. Deeds conveying parcels within a Minor Development must include the following disclaimer in bold, capital ten point type:
“THE PARCEL OF LAND DESCRIBED IN THIS DEED IS NOT A PART OF A PLATTED SUBDIVISION REVIEWED AND APPROVED BY NASSAU COUNTY. NO GOVERNMENTAL AGENCY, INCLUDING NASSAU COUNTY, SHALL EVER BE RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, EASEMENTS OR RIGHTS-OF-WAY PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED, DEPENDING ON THE STATE OF MAINTENANCE OF ACCESSWAYS, EMERGENCY RESPONSE TIMES MAY BE ADVERSELY AFFECTED. FIRE HYDRANTS ARE NOT AVAILABLE FOR FIRE SUPPRESSION. MAINTENANCE OF THE PRIVATE DRIVES, ROADS, EASEMENTS OR RIGHTS-OF-WAY ARE THE RESPONSIBILITY OF THE LAND OWNERS WHOSE PROPERTY IS ACCESSED. THIS PROPERTY IS NOT A PART OF A DEVELOPMENT WITH AN APPROVED STORMWATER MANAGEMENT SYSTEM. NEITHER THE COUNTY OR ANY OTHER PUBLIC AGENCY IS RESPONSIBLE FOR PROVIDING STORMWATER MANAGEMENT OR FLOOD CONTROL.”
 iii. The five acre minimum lot or parcels shall not be further divided…
 iv. Copies of each deed must be submitted to the Planning and Economic Opportunity Department and the Building Department. No building permit shall be issued without a copy of the recorded deed with the language in ii above.
 v. Dead end streets, easements, rights-of-way or roads are not permitted.
3.1.2 Prior to issuance of a building permit, the approval must be obtained as set forth in 3.1.3 and 3.1.4 and each land owner that abuts the 60-foot easement and who does not have direct access to a publically maintained road, must sign a hold harmless indemnification agreement with the county on an approved form and recorded in the Official Public Records of the County…
3.1.3 The application for a Minor Development shall be filed with the Planning and Economic Opportunity Department and placed on the earliest agenda for the DRC for approval. Upon approval by DRC, it shall be placed on the earliest available Planning and Zoning Board agenda for final approval.

Mr. Mullin and Mr. Herring responded to questions posed by the Board members and members of the audience regarding the potential of subdividing the 5-acre tracts on a county road. Mr. Herring stated that the individual 5-acre tracts would require subdivision platting.

Jimmy L. Higginbotham came forward requesting clarification regarding owning land on a county road and having the ability to sell two lots each year. Mr. Mullin responded that he could trip the subdivision regulations. Mr. Higginbotham understood that to be against the Comprehensive Plan. He added that the ability for large landowners to sell parcels was their retirement. Mr. Mullin explained that if they go more than two or trip the definition of a subdivision, then it would require platting.

Mollie Garrett, local attorney, came forward to request clarification of Page 5(a), last sentence which states “If the lots, parcels, tracts, site or units are accessed by an easement, right-of-way or road, this term shall mean any division of a lot, parcel, tract, site or unit.” She did not recall this verbiage being in the last rendition that she followed from the Planning and Zoning Board meeting. She understood that if you had one parcel and you divide it into two and it is on a county road; this has tripped the definition of a subdivision. She felt that this would conflict with what a subdivision was; most people would not feel that this was subdividing. Ms. Garrett felt that this sentence actually changes the essential rule. Mr. Mullin responded that this last sentence has been in place for some time. Ms. Garrett requested clarification regarding the first sentence that states that if you split the property into more than two contiguous lots, then there is a subdivision. The last sentence states that if you divide the property at all, it is a subdivision. Mr. Mullin advised that staff will go back and review the minutes from those Planning and Zoning Board meetings to see what the discussion was.

Board Member Spicer inquired if there was any provision for family subdivisions. Mr. Mullin explained that family subdivision will be one of the additional items that Planning and Zoning Board will address. Mr. Mullin pointed out that the Planning and Zoning Board as well as staff realized that these ordinances will require “tweaking”; one of the first “tweaks” will be the family subdivision to determine what language is required to permit family to divide their properties and the recommended requirements. Further discussion ensued. Mr. Pope explained that family subdivision is addressed in the Comprehensive Plan and should be included in the Land Development Code. Further discussion followed regarding various scenarios. Mr. Mullin explained that many counties have eliminated the “family subdivision” and have it remain at 5-acre lots.

Mr. Mullin resumed his overview of the Minor Development on page 9. He explained that the application must include:
 i) Certified boundary survey indicating the access 60-foot easement;
 ii) A road construction plan prepared by an engineer licensed in the State of Florida. Must include a drainage systems and drainage and utility easements approved by DRC. The developers or sellers of the lots are responsible for maintenance of the road until the last lot or parcel is sold.
 iii) A document approved by the County Attorney that indicates that the property owner or owners are responsible for the maintenance of the access easement. Mr. Mullin will also add the language Commissioner Leeper suggested regarding access of Postal Vehicles. Also no additional parcels shall connect to the existing 60-foot easement without recommendation of DRC and approval of Planning and Zoning Board.
 iv) Title Certification to confirm ownership of parent property and easement shall be provided by a title company licensed in Florida.
 v) The 60-foot easement shall be named in accordance with Nassau County Ordinance 2003-13.
 vi) Minimum building setbacks and width required as stipulated in Open Rural (OR) zoning.
 vii) Depiction of National Wetland Inventory with 25 foot buffer.
 viii) A review fee will be charged as set forth in separate resolution by the Board.
3.1.4 Certify that the access roadway and cul-de-sac meet or exceed the standards set forth in Section 11 of Ordinance 99-17. (Minor Development up to 8 lots – Taylor County dirt road standards) (Rural Subdivision over 8 to 25 lots – Volusia County dirt road standards). Mr. Mullin explained that the requirements eliminate many of the problems raised in the last several years.

Mr. Mullin continued review of page 11, Section 34. Plats –Jurisdiction and Procedure. There were numerous name changes from Planning Director to Planning and Economic Opportunity Director and the addition of Development Review Committee throughout this section. Page 15, Section 4.5 Final Plats (j) Certification by a title company showing that record title to the land as described, and (k) mortgage company as signatory. Page 17, Section 45. Subdivisions; 5.2 Roads and Driveways, language was added that states “Rural Subdivision may not be subject to the paving requirement for the internal roads but are subject to Article 11.2.4 of Ordinance 99-17, as amended.” (Volusia County dirt road standards). Mr. Mullin further explained that Rural Subdivision has been added to 5.3 regarding adjoining street system; 5.4 Connection– must upgrade to higher standard the road within Minor Development or Rural Subdivision. On Page 19 Section 5.7 Blocks – added residential lots new language to clarify definition. Page 20, Section 5.10 Access – states that all proposed developments shall meet the standards in Ordinance 99-17, as amended and the Land Development Code.

Next, Mr. Mullin discussed the new language “A portion of a plat may be vacated or annulled as part of an application to replat” on Page 24, paragraph 4 under Section 5.17.1 Plats. Under Section 5.18, Homeowners Associations, on Page 25, Section 5.18.1 Homeowners Associations Pertaining to Subdivision Regulations was added which states that each subdivision, including Rural Subdivision, shall have a property/homeowners association that is responsible for the maintenance of roads, easements, amenities, and appropriate documentation shall be provided that indicates the bylaws of the property/homeowners association and the certificate of incorporation. Page 27 Section 6.4, Public Facilities makes provisions for water and sewer utility easements and rights-of-way in a subdivision plat. Page 28, Section 7, Grandfather Clause and Special Exceptions – shall not apply to approved developments prior to effect date of the amended Ordinance. Section 8, Variations and Exceptions, 8.1 will now be heard by Conditional Use and Variance Board after review and recommendation by the Development Review Committee. Section 8.2 Condition of Waiver, submitted to Planning and Economic Opportunity office and heard by the Conditional Use and Variance Board. Finally, on Page 29, Section 11, Enforcement Provision for any violation of the Ordinance. Mr. Mullin requested that the Board review these amendments and note the difference in what the Board has now in their ability to address development than it was before.

Mr. Mullin addressed An Ordinance of the Board of County Commissioners of Nassau County, Florida, Amending Ordinance No. 99-17, as Amended, Known as the Roadway and Drainage Standards of Nassau County, Florida, Specifically Amending Article 4, Definitions; Article 5, Data Submittal; Article 8 Construction Within Right of Way; Article 9,. Access Management; Article 10, Stormwater management; Article 11, Roadway Design; Article 12, Bonding; Article 15, Variations and Waivers; Article 18, Vested Rights Determinations and Appeals; Providing Severability; and Providing an Effective Date. Mr. Mullin explained that this ordinance is known as the Roadway and Drainage Standards.

Mr. Mullin referred to Page 5, Roadway classification language for major and minor collector roads has been added to by including Exhibit 1 shall be established and may be amended by resolution by the Board of County Commissioner every five year. Page 6 – Roadway, private definition change; and Standard Details on page 7 and Article 5 – Data Submittal– added may be amended by a resolution of the Board of County Commissioners. Page 9, Section 5.3 – Completion of construction – 5.3.1 The following documentation is required upon completion of the construction project and prior to issuance of any building certificates of occupancy a) An “As-Build Survey meeting the requirements contained in the Nassau County As-Built requirements checklist.”

Mr. Mullin pointed out that a great deal of time was spent on Page 53, Article 11 – Roadway Design. The changes made are to conform with the new developments. 11.1.1 All new roadway and private access easements with the exception of those set forth in Section 11.2.3 and 11.2.4 and Section 28.03 of the Land Development Code shall be paved….. 11.1.3 The Board of County Commissioners shall be authorized to amend standard details by resolutions. Page 54, 11.1.1 Private Access Easements shall be a minimum width of 60 feet and page unless in compliance with Section 11.2.3 or Section 11.2.4. 11.2.3 Private Access Easement for Minor Development may be unpaved subject to requirements set forth in Figure 4 (Taylor County dirt road standards); and 11.2.4 Access Easement for Rural Subdivision may be unpaved subject to requirements set forth in Figure 5 (Volusia County dirt road standards). Mr. Herring explained that the Taylor County dirt road standard is a 12 inch stabilized subgrade (one layer) and Volusia County has a base and is stabilized (two layers). Mr. Mullin explained that these are the main changes. Discussion ensued regarding homeowners associations and the effective date of the ordinance. Chair Boatright thanked the Planning and Zoning Board for all their efforts.

There being no further business, the workshop session of the Nassau County Board of County Commissioners adjourned at 11:46 a.m.

Official Agenda Summary:

REGULAR SESSION

Audience Input:
RS160921 – 9:02:01 All participants expressed interest to speak when the item of interest is to be considered.

RESOLUTION(S):
RS160921 – 9:04:17 (Tab B) Approve a Resolution of the Board of County Commissioners of Nassau County, Florida, commending Nassau County Employees for outstanding community service during a severe weather event.

Discussion: Commissioner Edwards read the Resolution and a brief discussion followed.

Motion: Approve Tab A as stated above and authorize the
Board to sign Resolution 2016-127 regarding same.
Maker: Commissioner Edwards
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Manager, Public Works

PRESENTATION(S):
RS160921 – 9:10:16 (Tab C) Katie Batill, Planner with Sprinkle Consulting, Inc. re: results of the Amelia Island Bicycle & Pedestrian Focus Area Study.

Discussion: Ms. Batill came forward to provide a PowerPoint presentation on the Amelia Island Bicycle and Pedestrian Focus Area Study. Following comments by Commissioner Leeper, Phil Scanlon, Co-Chair of the Friends of Amelia Island Trails, came forward to thank the Florida Transportation Planning Organization (TPO) for the study and Commissioner Leeper for his work on the TPO Board. He also discussed the efforts by the Friends of Amelia Island Trails. Mr. Scanlon recommended that a committee be tasked to review the Amelia Island Bicycle and Pedestrian Focus Area Study and bring back recommendations and possible funding to the Board.

RS160921 – 9:28:39 (Tab D) Scott Herring, Public Works Director re: monthly status update on Public Works activities.

Discussion: Mr. Herring provided a status report on active road projects and Impact Fee funded road projects. The group discussion rights-of-way on Dyal and Prattsiding Roads.

CONSENT ITEM(S):
RS160921 – 9:33:34 Approve the following: (E) Authorization for the Chairman to sign the agreement with the State of Florida, Department of Health, Contract No. CM2355, for operation of the Nassau County Health Department for Fiscal Year 2016/2017. Funding source: 01691562-581009. (F) Authorization for the Chairman to sign the Memorandum of Agreement with the Nassau County Health Department, Contract No. CM2351, for the County Medically Indigent Program [CMIP]. (G) Authorization for the Chairman to sign the Certificate of Public Convenience and Necessity to Liberty Ambulance Service for non-emergency, non-911 calls for service, except as requested by Nassau County Fire Rescue, with the expiration date of December 31, 2018. (H) Authorization for the Chairman to sign the Certificate of Public Convenience and Necessity to Century Ambulance Service, Inc. for non-emergency, non-911 calls for service, except as requested by Nassau County Fire Rescue, with the expiration date of December 31, 2018. (I) Authorization for the Chairman to sign the Certificate of Public Convenience and Necessity to Med-Trans Corporation for 911 emergency and non-emergency calls for service within Nassau County with the expiration date of December 31, 2018. (J) Authorization for the Chairman to sign the Certificate of Public Convenience and Necessity to the City of Fernandina Beach for 911 emergency and non-emergency calls for service within the City of Fernandina Beach municipality with the expiration date of December 31, 2018. (K) Authorization for the Chairman to sign the Certificate of Public Convenience and Necessity to Nassau County Fire Rescue for 911 emergency and non-emergency calls for service with the expiration date of December 31, 2018. (L) Authorization for the Chairman to sign the “Request for Group Insurance Amendment”, Contract No. CM1497-A4, with the Standard Group for Life Insurance and Long-Term Disability Insurance.

Discussion: Dr. Eugenia Ngo-Seidel came forward to review the Health Department requests (Tabs E and F) and to provide an update on the Zika virus.

Motion: Approve consent agenda items (Tabs E, F, G, H, I,
J, K, and L) as stated above.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Finance, OMB, County Manager, Fire Rescue,
Contract Management

REGISTER:
The Chairman signed the register for the following warrants: Warrant Nos. 229966 thru 230015 dated 9-13-16 for a register total of $608,264.32; Warrant No. 230016 dated 9-13-16 for a register total of $2,000.00; Warrant Nos. 230017 thru 230152 dated 9-16-16 for a register total of $1,146,897.59; Wire Transfer Nos. 1616466 dated 9-9-16 for a register total of $3,146.19; Wire Transfer Nos. 1616467 thru 1616469 dated 9-12-16 for a register total of $45,753.00; Warrant Nos. 230153 thru 230226 dated 9-20-16 for a register total of $8,163.58; and, Warrant Nos. 230227 thru 230278 dated 9-20-16 for a register total of $248,005.57.

OLD BUSINESS:
RS160921 – 10:15:05 (Tab M) Discussion of appraisals received for County-owned properties located near Kentucky Street and 9th Street in Hilliard; and provide direction whether to declare these properties as surplus and proceed with bid process.

Discussion: Ms. Jones reviewed the request and a brief discussion followed.

Motion: Authorize staff to declare the County-owned
properties located near Kentucky Street and 9th Street in Hilliard as surplus and proceed with the bid process.
Maker: Commissioner Spicer
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Contract Management, County Manager, County
Attorney

RS160921 – 10:17:40 (Tab N) Continue consideration of the request from Ernest Swann regarding waiver of requirements outlined in Nassau County Code, Article 11.2.2, Right-of-Way Requirements, which states an access easement shall be paved. (Catfish Creek Lane).

Discussion: Mr. Herring advised that Mr. Swann has a contract to buy the property but does not own the property. Mollie Garrett, attorney, came forward to provide a signed owner’s authorization to support Mr. Swann’s application.

Motion: Approve Tab N as stated above and authorize the
Chairman to sign Resolution 2016-128 regarding
same.
Maker: Commissioner Spicer
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Engineering Services, Clerk Staff

RS160921 – 10:19:03 (Tab O) Set Workshop Session to discuss process of hiring a new County Manager.

Discussion: Ms. Jones reviewed the request.

Motion: Schedule a workshop for September 27, 2016 at
4:00 p.m. to discuss process of hiring a new County Manager.
Maker: Commissioner Spicer
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Manager, Board, County Attorney, Clerk
Staff

NEW BUSINESS:
RS160921 – 10:21:10 (Tab P) Consider the following: (1) award Bid No. NC16-028 to Hall’s Quality Painting Co., Inc. in the amount of $166,600.00 for the Detention Center Housing Area Repainting Project; (2) authorize the Chairman to sign a Budget Transfer from Reserves for Contingency to provide an additional $84,600.00 in funding for the project; and (3) authorize the Chairman to sign a Requisition for Hall’s Quality Painting Co., Inc. Funding source: 01072523-546030.

Motion: Approve Tab P as stated above.
Maker: Commissioner Spicer
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Finance, OMB, Facilities Maintenance, Sheriff

RS160921 – 9:36:31 (Tab Q) Award Bid No. NC16-27 to FL&L Environmental, Inc. in the amount of $95,499.90 for Beach and Park Cleaning Services; and authorize the Chairman to sign Contract No. CM2350. Funding source(s): 37525539-534102 and 01075572-534014.

Discussion: Rollins Snelling came forward to address his concerns regarding FL&L Environmental, Inc. and the County’s bidding process.

Mr. Mullin clarified that the Board is only to consider the bid as recommended by staff.

Amy Tompkins came forward to thank the Board for approving a Beach Cleaning Ordinance and its enforcement of same. She also addressed the extraordinary job that has been done keeping the beach clean and issues with FL&L Environmental, Inc.

City of Fernandina Beach Mayor Johnny Miller came forward as a citizen to request that the Board reconsider the award of this bid.

Phil Scanlon came forward to address the County Attorney’s opinion.

Various Commissioners expressed their concerns regarding this bid. Mr. Mullin addressed the legal aspect of the bidding process and the provisions in the contract. He explained the Board’s options.

Motion: Approve to reject all bids for Beach and Park
Cleaning Services.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Edwards, Spicer, and
Boatright
Nay: Commissioner Kelley
Follow Up: Finance, OMB, Facilities Maintenance, Contract
Management

Discussion: Mr. Mullin suggested that he, the County Manager, Contract Manager, and OMB Director prepare requirements for the Beach and Park Cleaning Services and bring back to the Board on September 26, 2016. The group briefly discussed how to handle the current contract with Rollins Snellings Beach Services, LLC and there was consensus of the Board for the County Manager to determine how to proceed with the beach and park cleaning since the present contract ends September 30, 2016. Mr. Snelling came forward to address his current contracts.

RS160921 – 10:21:59 (Tab R) Approve and authorize the Chairman to sign contract amendments with Facilities Automation Solution for the Preventative Maintenance & Technical Support Program for the electronic control system for the Robert M. Foster Justice Center (CM2154-A3) and the Nassau County Historic Courthouse (CM2164-A3) for Fiscal Year 2016/2017. Funding source: 01074712-546020.

Motion: Approve Tab R as stated above.
Maker: Commissioner Edwards
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Finance, OMB, Facilities Maintenance, Contract
Management

RS160921 – 10:22:33 (Tab S) Award low bid to ALS Environmental for Bid No. NC16-026, Laboratory Services for Nassau Amelia Utilities, Contract No. CM2354. Funding source: 71500536-531100.

Motion: Approve Tab S as stated above.
Maker: Commissioner Edwards
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Finance, OMB, NAU, Contract Management, Public
Works

RS160921 – 10:23:08 (Tab T) Approve and authorize the Chairman to sign the Independent Contractor Agreement with C.A. Romano, Contract No. CM2349, for Court Manager Services for Fiscal Year 2016/2017. Funding source: 01171605-534000.

Motion: Approve Tab T as stated above.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Finance, OMB, Contract Management, Judge Robert
M. Foster

RS160921 – 10:23:31 (Tab U) Consider request from Rayonier to use the Yulee Baseball Field for a United Way kickball tournament on October 18, 2016 from 11:00 a.m.-2:00 p.m.

Motion: Approve Tab U as stated above.
Maker: Commissioner Edwards
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Finance, OMB, Facilities Maintenance

RS160921 – 10:23:57 (Tab V) Discuss/consider rescheduling the October 24, 2016 Board Meeting due to the Supervisor of Elections utilizing the Commission Chambers for the General Election.

Motion: Cancel the October 24, 2016 regular meeting and
reschedule if necessary.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Board, County Manager, County Attorney, Clerk
Staff

RS160921 – 10:26:11 (Tab W) Approve amending the 16/17 Building Department budget for a new IT position.

Discussion: Ms. Jones reviewed the request.

Motion: Approve Tab W as stated above.
Maker: Commissioner Spicer
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Finance, OMB, Building Department.

RS160921 – 10:27:23 (Tab X) Set an Executive Closed Session to discuss Union negotiations for Local 630 and Local 3101.

Motion: Schedule an executive closed session for October
10, 2016 at 4:00 p.m. pursuant to Florida Statutes, Section 447.605, for discussion related to Fire/Rescue Professionals Local 3101, International Association of Fire Fighters AFL-CIO and Northeast Florida Public Employees’ Local 630, L.I.U.N.A. contract negotiations/collective bargaining strategy. The persons attending will be: Daniel B. Leeper, Steve W. Kelley, Pat Edwards, George V. Spicer and Walter J. Boatright, collectively known as the Board of County Commissioners of Nassau County; Michael S. Mullin, County Attorney; and Ted Selby, County Manager, and Shanea Jones, Assistant County Manager. There will be no pause in the proceedings or discussion of other matters not related to this case.
Maker: Commissioner Edwards
Second: Commissioner Leeper
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Board, County Manager, County Attorney, Clerk
Staff

APPOINTMENT(S):
RS160921 – 10:28:40 (Tab Y) Consider reappointment of Connie Daughtry as an At-Large member on the Parks & Recreation Commission for a two-year term ending September 10, 2018.

Motion: Approve Tab Y as stated above.
Maker: Commissioner Edwards
Second: Commissioner Spicer
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Facilities Maintenance

INFORMATIONAL ITEM(S):
RS160921 – 10:29:04 (Tab Z) Monthly status update on Building Department/Code Enforcement activities.

RS160921 – 10:29:04 (Tab AA) Monthly status update on County Extension activities.

RS160921 – 10:29:04 (Tab AB) Monthly status update on Facilities Maintenance activities.

RS160921 – 10:29:04 (Tab AC) Informational only: monthly status update on all contract amendments, change orders, task orders, and work authorizations approved by the County Manger in August 2016, as required by Section 6.2 of the Nassau County Purchasing Policy.

RS160921 – 10:29:04 (Tab AD) Informational only: Notice of Unclaimed Funds Advertisement by John A. Crawford, Clerk of Courts.

RS160921 – 10:29:04 (Tab AE) Informational only: authorized employee travel.

EXPANSION ITEMS:
RS160921 – 9:02:51 (1) Request from Christopher Charles Scroggie and Della Sue Holt regarding waiver of requirements outlined in Nassau County Code, Article 11.2.2, Right-of-Way Requirements, with states an access easement shall be paved. [Poole Road] (2) Approve and authorize the Chairman to sign an agreement with the State of Florida, Department of Legal Affairs, Office of the Attorney General, Contract No. CM2365, for award of Victims of Crime Act [VOCA] Grant Funds for Fiscal Year 2016/2017 totaling $48,467.51. (3) Consider request from the City of Fernandina Beach to schedule an Amelia Island Joint Local Planning Agency Meeting on October 11th at 5:00 p.m. at the County Commission Chambers or October 25th at 6:00 p.m. at the City Commission Chambers.

Motion: Expand the meeting to consider three (3) items as
stated above.
Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Manager, County Attorney

RS160921 – 10:29:16 Expansion Item #1: Request from Christopher Charles Scroggie and Della Sue Holt regarding waiver of requirements outlined in Nassau County Code, Article 11.2.2, Right-of-Way Requirements, which states an access easement shall be paved. [Poole Road]

Discussion: Mr. Mullin reviewed the request.

Motion: Approve expansion item 1 as stated above and
authorize the Chairman to sign Resolution 2016-129 regarding same.
Maker: Commissioner Spicer
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: County Attorney, Public Works, Clerk Staff

RS160921 – 10:31:29 Expansion Item #2: Approve and authorize the Chairman to sign an agreement with the State of Florida, Department of Legal Affairs, Office of the Attorney General, Contract No. CM2365, for award of Victims of Crime Act (VOCA) Grant Funds for Fiscal Year 2016/2017 totaling $48,467.51.

Discussion: Ms. Jones reviewed the request.

Motion: Approve expansion item 2 as stated above.
Maker: Commissioner Spicer
Second: Commissioner Boatright
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Finance, OMB, County Manager, Grants, Sheriff

RS160921 – 10:32:13 Expansion Item #3: Consider request from the City of Fernandina Beach to schedule a meeting of the Amelia Island Joint Local Planning Agency on Tuesday, October 11th at 5:00 p.m. at the County Commission Chambers or on Tuesday, October 25th at 6:00 p.m. at the City Commission Chambers.

Discussion: Ms. Jones reviewed the request.

Motion: Schedule a meeting of the Amelia Island Joint
Local Planning Agency for October 25th at 6:00 p.m. at the City Commission Chambers
.Maker: Commissioner Leeper
Second: Commissioner Edwards
Action: Aye: Commissioners Leeper, Kelley, Edwards,
Spicer, and Boatright
Follow Up: Board, County Attorney, County Manager, Clerk
Staff

DISCUSSION ITEMS:
RS160921 – 10:33:35 Commissioner Kelley’s Business:
None.

RS160921 – 10:33:44 Commissioner Spicer’s Business:
None.

RS160921 – 10:33:47 Commissioner Edwards’ Business:
None.

RS160921 – 10:33:49 Commissioner Leeper’s Business:
None.

RS160921 – 10:33:52 Chairman Boatright’s Business:

• Reminder regarding the football field opening ceremony to be held on September 26, 2016 at 4:00 p.m. at the Yulee Sports Complex.

There being no further business, the regular session of the Nassau County Board of County Commissioners adjourned at 10:35 a.m.

_____________________________
Walter J. Boatright, Chairman

Attest:

____________________________
John A. Crawford, Ex-Officio Clerk