March 4, 2014 Regular Session

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MINUTES OF THE MARCH 4, 2014REGULAR SESSION

GREEN COVE SPRINGS CITY COUNCIL

Call to Order

The regular session of the Green Cove Springs City Council was called to order Tuesday, March 4, 2014, at 7:03p.m. in the City Council Chambers, 321 Walnut Street, Green Cove Springs, Florida.

InvocationandPledge of Allegiance to the Flag

The invocation was performed by Bob Page followed by the Pledge of Allegiance to the Flag of the United States of America.

Roll Call

March 4, 2014 Regular Session

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COUNCIL MEMBERS PRESENT:

D. Ray Braly

Pamela J. Lewis

Van Royal

C. Felecia Hampshire, Vice Mayor

Roy M. Timberlake, Jr., Mayor

STAFF MEMBERS PRESENT:

L. J. Arnold, III, City Attorney

Lee Bentley, City Clerk

Janis Fleet, Development Services Director

Marlena Guthrie, Finance Director

Cynthia Hunter, Personnel Director

Danielle J. Judd, City Manager

Robert Musco, Chief of Police

Mike Null, Public Works Director

Mark Schultz, Electric Utility Director

March 4, 2014 Regular Session

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AWARDS AND RECOGNITION

A MOTION WAS MADE BY VICE MAYOR HAMPSHIRE TO APPROVE THE RECOGNITION OF PAUL FELKER, CODE ENFORCEMENT OFFICER AS EMPLOYEE OF THE 1ST QUARTER 2014. THE MOTION WAS SECONDED BY COUNCIL MEMBER BRALY. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES – COUNCIL MEMBERS D. RAY BRALY, PAMELA J. LEWIS, VAN ROYAL, C. FELECIA HAMPSHIRE, AND MAYOR ROY M. TIMBERLAKE, JR. NAYS – NONE.

Recognition – Paul Felker, Code Enforcement Officer – Employee of the 1st Quarter 2014

Mayor Timberlake recognized Mr. Felker and read a letterinto the record.

Introduction of Schooner Freedom Charter Cruises

Mayor Timberlake recognized the City Manager and Sara Zaruba, Owner of the Schooner Freedom Charter Cruises, for introduction of the company and presentation of ideas for future business in the City and at the City Pier.

PUBLIC HEARINGS

  1. Second and Final Reading of Ordinance No. O-04-2014, an Ordinance repealing Chapter 34 and Chapter 106, Article III, of the City Code and creating a new Chapter 106, Article III, Floodplains.

Mr. Arnold read the title of Ordinance No. O-04-2014 (see attachment marked Exhibit “A”) into the record as follows:

AN ORDINANCE OF THE CITY COUNCIL OF GREEN COVE SPRINGS, FLORIDA, REPEALING CHAPTER 34, FLOODS, IN ITS ENTIRETY; REPEALING CHAPTER 106, ARTICLE III, FLOODPLAINS, IN ITS ENTIRETY; MAKING FINDINGS FOR THE INCLUSION OF A NEW ARTICLE III, CHAPTER 106, IN THE CITY LAND DEVELOPMENT CODE AND ESTABLISHING A NEW ARTICLE III, CHAPTER 106, THEREUNDER FLOODPLAIN MANAGEMENT REGULATIONS; PROVIDING FOR TITLE, SCOPE, INTENT, COORDINATION WITH THE FLORIDA BUILDING CODE, A WARNING AS TO LIMITATIONS, AND A DISCLAIMER OF LIABILITY; FOR APPLICABILITY OF SPECIFIC OVER GENERAL REQUIREMENTS, APPLICABILITY AS TO AREAS, ISSUANCE OF PERMITS, BASIS FOR ESTABLISHING FLOOD HAZARD AREAS, SUBMISSION OF ADDITIONAL DATA, OTHER LAWS, ABROGATION AND GREATER RESTRICTIONS, AND INTERPRETATION; FOR FLOODPLAIN ADMINISTRATOR DESIGNATION AND FLOODPLAIN ADMINISTRATOR DUTIES AND POWERS, INCLUDING THOSE IN GENERAL, THOSE PERTAINING TO APPLICATIONS AND PERMITS, THOSE PERTAINING TO SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE DETERMINATIONS, THOSE PERTAINING TO MODIFICATIONS OF FLORIDA BUILDING CODE REQUIREMENTS, THOSE PERTAINING TO NOTICES, ORDERS AND INSPECTIONS, AND THOSE PERTAINING TO RECORDS; FOR PERMIT REQUIREMENT, APPLICATION, VALIDITY, EXPIRATION, SUSPENSION, AND REVOCATION, AND OTHER PERMIT REQUIREMENTS; FOR SITE PLANS AND CONSTRUCTION DOCUMENTS AND INFORMATION RELATED THERETO, ADDITIONAL ANALYSES AND CERTIFICATIONS, AND SUBMISSION OF ADDITIONAL INFORMATION; FOR INSPECTIONS IN GENERAL AND FOR DEVELOPMENT OTHER THAN BUILDINGS AND STRUCTURES, AND FLORIDA BUILDING CODE EXEMPTIONS AS TO CERTAIN BUILDINGS, STRUCTURES AND FACILITIES; FOR VARIANCES AND APPEALS, INCLUDING GENERAL PROVISIONS, LIMITATIONS, AUTHORIZATION IN RELATION TO HISTORIC BUILDINGS AND FUNCTIONALLY DEPENDENT USES, CONSIDERATIONS AND CONDITIONS FOR ISSUANCE OF VARIANCES; AND FOR VIOLATIONS AND IN CONNECTION THEREWITH FOR FLOODPLAIN ADMINISTRATOR AUTHORITY AND FOR UNLAWFUL CONTINUANCE; PROVIDING IN CHAPTER II OF SAID REGULATIONS FOR DEFINITIONS, INCLUDING THE SCOPE THEREOF, THE INCLUSION OF TERMS IN THE FLORIDA BUILDING CODE, AND TERMS NOT DEFINED; AND PROVIDING IN CHAPTER III OF SAID REGULATIONS FOR REGULATIONS PERTAINING TO FLOOD RESISTANT DEVELOPMENT, INCLUDING DESIGN AND CONSTRUCTION OF BUILDINGS, STRUCTURES AND FACILITIES EXEMPT FROM AND SUBJECT TO THE FLORIDA BUILDING CODE, AND ELEVATION REQUIREMENTS FOR NON-RESIDENTIAL AND RESIDENTIAL; FOR RESIDENTIAL SUBDIVISION MINIMUM REQUIREMENTS AND PLAT REQUIREMENTS; FOR SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS, INCLUDING PROVISIONS PERTAINING TO MINIMUM REQUIREMENTS, WATER SUPPLY FACILITIES, LIMITATIONS ON SITES IN REGULATORY FLOODWAYS, AND LIMITATIONS ON PLACEMENT OF FILL; FOR MANUFACTURED HOMES, INCLUDING GENERAL PROVISIONS AND PROVISIONS PERTAINING TO FOUNDATIONS, ANCHORING, ELEVATION, ENCLOSURES AND UTILITY EQUIPMENT; FOR RECREATIONAL VEHICLES AND PARK TRAILERS, INCLUDING PROVISIONS PERTAINING TO TEMPORARY AND PERMANENT PLACEMENT; FOR TANKS, INCLUDING GENERAL PROVISIONS AND PROVISIONS PERTAINING TO UNDERGROUND AND ABOVE-GROUND TANKS, AND TANK INLETS AND VENTS; AND FOR OTHER DEVELOPMENT, INCLUDING GENERAL REQUIREMENTS AND PROVISIONS PERTAINING TO FENCES, RETAINING WALLS, SIDEWALKS, DRIVEWAYS, ROADS AND WATERCOURSE CROSSINGS IN REGULATED FLOODWAYS; PROVIDING FOR CORRECTION OF SCRIVENERS ERRORS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER, SEVERABILITY, AND SETTING AN EFFECTIVE DATE.

Mayor Timberlake opened the Public Hearing. There being no comments, the Public Hearing was closed.

A MOTION WAS MADE BY VICE MAYOR HAMPSHIRE TO APPROVE ORDINANCE NO. O-04-2014 ON SECOND AND FINAL READING. THE MOTION WAS SECONDED BY COUNCIL MEMBER LEWIS. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES – COUNCIL MEMBERS D. RAY BRALY, PAMELA J. LEWIS, VAN ROYAL, C. FELECIA HAMPSHIRE, AND MAYOR ROY M. TIMBERLAKE, JR. NAYS – NONE.

  1. Second and Final Reading of Ordinance No. O-05-2014, an Ordinance creating Section 14-36, Local Amendments to the Florida Building Code.

Mr. Arnold read the title of Ordinance No. O-05-2014 (see attachment marked Exhibit “B”) into the record as follows:

AN ORDINANCE OF THE CITY OF GREEN COVE SPRINGS, FLORIDA, CREATING SECTION 14-36 OF THE GREEN COVE SPRINGS CITY CODE ENTITLED “LOCAL AMENDMENTS TO THE FLORIDA BUILDING CODE”; CREATING UNDER SAID NEW SECTION 14-36.1 THAT ESTABLISHES WITHIN THE CITY FLORIDA BUILDING CODE, BUILDING SECTION 107.6.1 AND PROVIDING THEREIN THAT CERTAIN AUTHORITY OF THE BUILDING OFFICIAL TO ACT ON THE BASIS OF AFFIDAVITS AND PLANS SHALL NOT EXTEND TO THE FLOOD LOAD AND FLOOD RESISTANCE CONSTRUCTION REQUIREMENTS OF THE FLORIDA BUILDING CODE; CREATING UNDER SAID CHAPTER 14 NEW SEC. 14-36.2 THAT ESTABLISHES WITHIN THE CITY FLORIDA BUILDING CODE, BUILDING SECTION 117 AND SECTION 117.1 AND PROVIDING THEREIN THAT THE VARIANCE PROCEDURES ADOPTED IN THE CITY’S FLOODPLAIN MANAGEMENT REGULATIONS SHALL APPLY TO VARIANCE REQUESTS UNDER FLORIDA BUILDING CODE, BUILDING SECTION 1612.4 AND FLORIDA BUILDING CODE, RESIDENTIAL SECTION R322, BUT NOT FLORIDA BUILDING CODE, BUILDING SECTION 3109; AND CREATING UNDER SAID CHAPTER 14 NEW SEC. 14-36.3 THAT AMENDS WITHIN THE CITY FLORIDA BUILDING CODE, RESIDENTIAL SECTION R322.2.1 TO REQUIRE THE LOWEST FLOORS AND BELOW GRADE BASEMENT FLOORS OF BUILDINGS AND STRUCTURES CONSTRUCTED IN CERTAIN FLOOD HAZARD AREAS TO BE AT LEAST ONE (1) FOOT ABOVE THE HIGHER OF THE BASE FLOOD ELEVATION AND THE DESIGN FLOOD ELEVATION, AND TO PROVIDE FOR AN EXCEPTION THERETO; PROVIDING FOR APPLICABILITY; PROVIDING A STATEMENT AS TO COST IMPACT OF THE FLORIDA BUILDING CODE AMENDMENTS ESTABLISHED UNDER SAID CHAPTER 14; PROVIDING FOR CORRECTION OF SCRIVENERS ERRORS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER, SEVERABILITY, AND SETTING AN EFFECTIVE DATE.

Mayor Timberlake opened the Public Hearing. There being no comments, the Public Hearing was closed.

A MOTION WAS MADE BY COUNCIL MEMBER LEWIS TO APPROVE ORDINANCE NO. O-05-2014 ON SECOND AND FINAL READING. THE MOTION WAS SECONDED BY VICE MAYOR HAMPSHIRE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES – COUNCIL MEMBERS D. RAY BRALY, PAMELA J. LEWIS, VAN ROYAL, C. FELECIA HAMPSHIRE, AND MAYOR ROY M. TIMBERLAKE, JR. NAYS – NONE.

Mayor Timberlake recognized Clara Freeman, 1000 St. Johns Avenue, Green Cove Springs, to discuss the upcoming forum on March 13thby the VIA regarding the 14 proposed Charter Amendments. Discussion ensued with the City Council regarding the need for a Special Session to be held due to the participation of all five (5) Council Members. Mr. Arnold reminded the Council that the Sunshine Law would have to be observed if all Council Members were in attendance. Even though the Charter Review Committee (CRC) had been disbanded by the Council, it was suggested that Bob Page, Chairman of the CRC, attend so he could provide the factual information and the background on the Amendments based on the discussions of the CRC. The Council agreed with this idea.

Mayor Timberlake recognized Bob Lewis, 203 North Street, Green Cove Springs, and member of the CRC, commented on the process the CRC used to agree on the Amendments. He also inquired if the Amendments could be placed on the ballot for the upcoming election in November. Mayor Timberlake advised this would be addressed in an item later in the meeting.

Mayor Timberlake recognized Joe Sobotta, 212 North Street, Green Cove Springs, who opposed holding the forum questioning where was the VIA and the citizens at the CRC meetings. He felt it was the voters’ right to approve or deny each Amendment on the ballot.

Mayor Timberlake agreed with the invitation to Mr. Page to discuss the background of the Amendments so that a citizen could make an informed decision. Council Member Lewis expressed her concern about Staff having to be at another Special Session. Council Member Braly agreed with the necessity for the meeting but reiterated the fact that because he voted for the Amendments to be on the ballot did not necessarily mean he would vote for it. Council Member Royal also concurred.

Ms. Judd suggested holding a Special Session on March 18th before the regular Council meeting when Staff was already here.

Ms. Freeman expressed her concern regarding the VIA’s objective of being a community partner and this being an opportunity for the Council to educate the community about the proposed Charter Amendments. Because she believed this issue was causing such an uproar, she withdrew having the forum as it had been publicized to be held on March 13th at 7:00 p.m. Mayor Timberlake asked if the VIA would consider moving the meeting to the 18th at 6:00 p.m. and extending an invitation to Mr. Page. Mr. Arnold reiterated the issue was any possibility of violation of the Sunshine Law. At this point, Ms. Freeman stated she withdrew her request to hold the forum.

CONSENT AGENDA

  1. City Council approval of the minutes of the Regular Session on February 18, 2014 and Special Sessions on August 7, August 21 and September 4, 2012.
  2. City Council approval for the City Manager to accept the proposal from Zambelli Fireworks for the Memorial Day RiverFest 2014 Celebration to be held on May 26, 2014 in Spring Park.
  3. City Council approval of payment of up to $20,000 for Structural Engineering Services with Atlantic Engineering Services covering the Police Facility / Emergency Operations Center (EOC) capital project from inception to date.
  4. City Council approval of Pay Request No. 7 to Batson-Cook in the amount of $457,320.88 for the construction phase under Final Contract Value of $3,827,950.
  5. City Council ratification of Change Order Nos. 2-17 totaling $23,880 under Final Contract Value of $3,851,830 and authorization for the Mayor to execute the required documentation to implement these Change Orders to Batson-Cook on behalf of the City.
  6. City Council approval of the use of State of Florida contracts 420-420-10-1 and 425-001-12-1 to purchase office furniture for the Police Facility / Emergency Operations Center in the amount of $70,841.84 from B-AG Contract.

A MOTION WAS MADE BY COUNCIL MEMBER LEWIS TO APPROVE CONSENT AGENDA ITEMS 1, 2, 3, 4, AND 5 AS LISTED ABOVE. THE MOTION WAS SECONDED BY VICE MAYOR HAMPSHIRE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES – COUNCIL MEMBERS D. RAY BRALY, PAMELA J. LEWIS, VAN ROYAL, C. FELECIA HAMPSHIRE, AND MAYOR ROY M. TIMBERLAKE, JR. NAYS – NONE.

Council Member Braly pulled Item No. 6 – Inquired about the cost of the furniture. Ms. Judd distributed pictures to document the current condition of the furniture. Chief Musco advised that a lot of the furniture would be surplussed a second time having been previously acquired from the School Board. He also confirmed that this item would be under budget.

A MOTION WAS MADE BY COUNCIL MEMBER BRALY TO APPROVE CONSENT AGENDA ITEM 6 AS LISTED ABOVE. THE MOTION WAS SECONDED BY VICE MAYOR HAMPSHIRE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES – COUNCIL MEMBERS D. RAY BRALY, PAMELA J. LEWIS, VAN ROYAL, C. FELECIA HAMPSHIRE, AND MAYOR ROY M. TIMBERLAKE, JR. NAYS – NONE.

COUNCIL BUSINESS

  1. Discussion and direction regarding a Summer Camp Program at the ASA&CC. Judd / Null

Discussion ensued with the City Council regarding a Summer Camp Program at the ASA&CC as presented by Ms. Judd and Mr. Null. Ms. Judd also introduced David Wright, 7857 Dawson Creek Drive, Jacksonville, who had approached Staff regarding this item.

A MOTION WAS MADE BY VICE MAYOR HAMPSHIRE TO APPROVE. THE MOTION WAS SECONDED BY COUNCIL MEMBER BRALY.

Mayor Timberlake confirmed that the motion was to direct the City Manager and Staff to work with the organization to create the facilities issues, get the necessary legal agreements in place, insurance issues, etc. in concert with the ASA&CC Board of Directors.

THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES – COUNCIL MEMBERS D. RAY BRALY, PAMELA J. LEWIS, VAN ROYAL, C. FELECIA HAMPSHIRE, AND MAYOR ROY M. TIMBERLAKE, JR. NAYS – NONE.

  1. Discussion and direction regarding the status of activities and events associated with the City Election for Council Seats One (1) and Two (2) and Charter Amendments scheduled for April 1, 2014. Bentley

Discussion ensued with the City Council regarding the status of activities and events associated with the City Election for Council Seats One (1) and Two (2) and Charter Amendments scheduled for April 1, 2014 as presented by Mr. Bentley. Because no other candidates had qualified as of 4:30 p.m. on Friday, February 28th, both Mayor Timberlake and Council Member Lewis would be installed at the first meeting in May for another three (3) year term.

Mr. Bentley further explained the proposed Mail Ballot Process whereby ballots would be mailed to all registered electors by the Clay County Supervisor of Elections (CCSOE). The election would be completely administered by the CCSOE including the mailing and tabulation of the ballots and appointments to the Canvassing Board. There were also projected savings to the City if this process was utilized as presented in Mr. Bentley’s Staff Report.

A MOTION WAS MADE BY COUNCIL MEMBER BRALYSO MOVED. THE MOTION WAS SECONDED BY COUNCIL MEMBER LEWIS. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES – COUNCIL MEMBERS D. RAY BRALY, PAMELA J. LEWIS, C. FELECIA HAMPSHIRE, AND MAYOR ROY M. TIMBERLAKE, JR. NAYS – VAN ROYAL.

Mr. Arnold advised that an Emergency Resolution must be approved to “fix” the title of Amendment 5 regarding the strike-through and underlining of the words Residence / Dwelling. Mr. Arnold had been notified by the Supervisor of Elections and presented an Emergency Resolution for approval by the Council.

A MOTION WAS MADE BY VICE MAYOR HAMPSHIRE TO APPROVE AN EMERGENCY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREEN COVE SPRINGS, FLORIDA, AMENDING RESOLUTION NO.R-01-2014 REGARDING THE BALLOT TITLE OF AMENDMENT 5, DECLARATION OF AN EMERGENCY ACTION AND SETTING AN EFFECTIVE DATE. THE MOTION WAS SECONDED BY COUNCIL MEMBER LEWIS. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES – COUNCIL MEMBERS D. RAY BRALY, PAMELA J. LEWIS, VAN ROYAL, C. FELECIA HAMPSHIRE, AND MAYOR ROY M. TIMBERLAKE, JR. NAYS – NONE.

Mr. Arnold read a passage from the 2014 Government in the Sunshine Manual regarding community forums for candidates advising the Council to be cautious regarding any perceived violations of the Sunshine Law.

  1. Approval of Resolution No. R-02-2014, a Resolution rescheduling the April 1, 2014 City Council meeting to Wednesday, April 2, 2014 due to the 2014 City Election. Bentley

Due to the previous discussion on Council Business Item No. 2, this item was withdrawn from the Agenda by the Mayor.

  1. Discussion and direction regarding approval of a draft scope for a Right-of-Way Maintenance Request for Proposal (RFP) and advertisement of the RFP. Null

Discussion ensued with the City Council regardingapproval of a draft scope for a Right-of-Way Maintenance Request for Proposal (RFP) and advertisement of the RFP as presented by Mr. Null. Ms. Judd acknowledged this was a difficult decision noting she was recommending this process because of the high turnover rate. No employees would be losing a job as temporary labor was being utilized to fill the empty positions at the current time. She believed the reason for the high turnover rate was due in part because of the monotony of the job and the low pay. As soon as a higher paying position opened, the employees would apply for them. Any savings would be seen in the General Fund and the level of service would still be maintained.