Submitted by Suanne Z. Thamm
Reporter – News Analyst
The Nassau County Board of County Commissioners (BOCC) convened in regular session the evening of October 28, 2013 in a chamber packed with library supporters, who were hoping to see action on the long-pending interlocal agreement drafted by the city of Fernandina Beach last year delineating both county and city obligations in funding the proposed expansion and renovation of the existing library facility on North Fourth Street in Fernandina Beach. Following a half-hour of discussion on the topic, county commissioners directed County Attorney David Hallman to make changes to his re-draft of the city’s draft. The revised agreement will return to the BOCC for a vote at the BOCC’s November 4, 2013 meeting. Should a majority of the BOCC approve the modified agreement with the city at that time, the agreement will next return to the City of Fernandina Beach for its approval. The earliest regular meeting that the city could vote to approve the agreement is November 19, 2013. Should the city desire additional changes, it will then need to return to the BOCC for further review and action. Meanwhile, the deadline for moving forward on the low bid accepted by the City of Fernandina Beach looms large: November 22, 2013.
There was some initial concern that the BOCC might not be able to act on business because of quorum requirements. Commissioner Pat Edwards (District 3) was away on a planned vacation; Commissioner Steve Kelley (District 2) was reported to have called in sick. Commissioner Walter J. “Junior” Boatright (District 5) and Commission Chair Danny Leeper (District 1) were joined finally by Commissioner Barry Holloway (District 4). The meeting got underway at 6:10 p.m.
Unlike the Fernandina Beach City Commission (FBCC), which requires items to be placed on meeting agendas 24 hours in advance, Nassau BOCC meetings can be expanded or contracted upon recommendation of the County Attorney during the meeting itself. Such was the case at the October 28, 2013 meeting. The topic of the library had not been placed on the advertised agenda, but at the request of the three commissioners present the item was added and moved to the top of New Business out of deference to numbers of audience members in attendance for that issue.
Chair Leeper recognized Bill Flynn, President of the Friends of the Library (FOL), the third party assisting in financing the library project. Most of the audience rose as Flynn began his talk, signifying their affiliation with the library project and support for moving forward. Flynn expressed having “heartburn” over the urgent need to clear up the remaining details separating the county and the city so that the low bid received and accepted by the city would not be lost. Flynn recapped briefly the four years of discussion among Nassau County (provider of library service), Fernandina Beach (owner of the existing library building), and the Friends of the Library (spearheading private fundraising efforts). He reminded the BOCC that they had been represented in those discussions by county commissioner Danny Leeper, while the city had been represented by then-city commissioner Jeffrey Bunch. He urged the BOCC to amend the language of the proposed interlocal agreement and to develop a more speedy methodology for remitting to the city the $600K county matching pledge for this project. To allay any county concerns regarding the FOL’s commitment to raise the funds needed over and above the $1.2M equally shared by the county and the city, Flynn reported that the FOL has almost $600K in pledges and cash-on-hand along with a $100K line of credit as a safe guard against change orders or cost overruns. He emphasized that FOL has close to $425K ready to spend today.
Chair Leeper thanked Bill Flynn and all the library supporters for their passion and commitment to the project. He reaffirmed the county’s commitment to spend $600K on the effort, but confessed that the sticking point has been to determine when the county should release the funds to be spent. He said, “I don’t have all the answers.” He referenced agreement language put forth by county attorney David Hallman that called for releasing the money at the back end of the project, “when we get the key.” He expressed his concerns about protecting both the county and the city should there be insufficient funds raised privately to complete the project.
Commissioner Barry Holloway said that while he has supported the library project “since Day 1,” he has been openly and adamantly opposed to change orders, which can cause the project cost to spiral upwards. In reference to Hallman’s suggestion to withhold payment until the end, he demurred, stating that the interest that the county would gain by holding the funds was minimal. He expressed support for the proposal of releasing funds proportionally with each invoice, up to a total amount of $600K, the county’s total commitment. But he wanted to see language in the agreement that would specify which party bears the costs for change orders. Holloway also asked that language be included to reflect that in lieu of the city’s annual payment to the county of $50,000 for library services, the county would have a 20-year lease on the building for library purposes.
Holloway went on to say that he was not concerned with what would happen after 20 years to the building or the service. He acknowledged that with fast paced technology changes, the parties could not reasonably look beyond 20 years, and that he felt the investment would be justified over 20 years of continuing library service. Holloway expressed confidence that the city and the Friends of the Library would not let change orders get out of hand. “Let’s draw the money down,” he said. However, he objected to labeling the Fernandina Beach facility as the “Head Library.” He suggested that at some point during the next 20 years the county might decide to build a main library in another location in the county.
Commissioner Boatright appeared comfortable leaving details of the project to the two commissioners (Leeper and Kelley) whose districts are most impacted. He said that he had no problem with the county’s agreeing to pay 37.5% of each invoice up to the county’s total commitment of $600K.
County Attorney Hallman said that the agreement must specify who will pay for any cost overruns. Leeper suggested amending Hallman’s draft to indicate that the city is wholly and solely responsible for cost overruns, adding that it would be a matter between the city and the Friends of the Library to work out. Hallman pressed on, asking if the BOCC wanted 20-year lease terms nailed down in the agreement. Leeper echoed Holloway’s arguments, adding that such a lease would be a loss in revenue to the county of more than a million dollars, and a savings to the city of the same amount.
County Manager Ted Selby sought verification that the county would be expected to pay 37.5% of each invoice until their $600K commitment was exhausted. Commissioners agreed.
Chair Leeper recognized Fernandina Beach City Commissioner Arlene Filkoff, the only city commissioner present. She stated that she was speaking in the capacity of resident and long-term library supporter, and that she was not speaking on behalf of the Fernandina Beach City Commission. She expressed her support for the draw down plan and suggested that since the bid deadline of November 22 is fast approaching, the county attorney and the city attorney work together to eliminate any further delay in ironing out details so that both elected bodies can take final action on the interlocal agreement.
Chair Leeper thanked Filkoff and the audience for their commitment to improving the library. He said, “We have a bid with a deadline [November 22], and we are trying not to over- or underpay for the work.”
The BOCC’s concerns to be addressed by their attorney in redrafting the interlocal agreement include:
- Clearly stating the county’s maximum commitment of $600K;
- Removing the “Head Library” reference to the Fernandina library branch;
- Agreeing with a draw down form of payment, with the county to pay 37.5% of approved invoices up to a maximum of $600K;
- Making the city responsible for any cost overruns;
- Adding a 20-year binding county lease in return for cessation of annual city library operations support payments;
- Affirming the city’s maintenance responsibilities for the building.
Although a quorum was present, the BOCC did not move to approve the agreement with these concerns addressed.
Chair Leeper called for a brief recess at 6:45 p.m. to allow library supporters to exit the chamber. FOL members and supporters milled about in the corridor, trying to understand what had just happened. FOL insiders reported that the city had drafted the interlocal agreement in September 2012, and despite private assurances that some commissioners were supportive, the item had taken more than a year to reach a public discussion. For reasons unknown the item bogged down in the county, and while supportive, the city did not or could not pry it loose.
Two county commissioners were absent from the October 28 meeting. They may or may not express other concerns when the revised agreement comes back before the BOCC for a vote on November 4. Also Fernandina Beach holds a city election on November 5, 2013. Commissioner Filkoff, a strong library supporter will leave the commission after her replacement is seated. While all candidates have expressed recent support for the library project, that has not always been the case over the years of discussion about the library’s needs. Meanwhile, if the elected bodies do not act in regular session or via special meetings to execute the interlocal agreement before November 22, the entire project will need to be rebid, adding to the project cost and delaying ground-breaking.
Editor’s Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne’s many contributions to the Fernandina Observer.
October 29, 2013