MINUTES OF THE NOVEMBER 3, 2015 REGULAR SESSION GREEN COVE SPRINGS CITY COUNCIL. Call to Order

Transcription

1 MINUTES OF THE NOVEMBER 3, 2015 REGULAR SESSION GREEN COVE SPRINGS CITY COUNCIL Call to Order The regular session of the Green Cove Springs City Council was called to order Tuesday, November 3, 2015, at 7:00 p.m. in the City Council Chambers, 321 Walnut Street, Green Cove Springs, Florida. Invocation and Pledge of Allegiance to the Flag The invocation was given by Council Member Timberlake followed by the Pledge of Allegiance to the Flag of the United States of America. Roll Call COUNCIL MEMBERS PRESENT: C. Felecia Hampshire Pamela J. Lewis Roy M. Timberlake, Jr. D. Ray Braly, Vice Mayor B. Van Royal, Mayor STAFF MEMBERS PRESENT: L. J. Arnold, III, City Attorney Julia W. Clevinger, 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, Asst. City Mgr./Public Works Director Mark Schultz, Electric Utility Director Mayor to call on members of the audience wishing to address the Council on matters not on the Agenda. There were none. AWARDS AND RECOGNITION A MOTION WAS MADE BY COUNCIL MEMBER TIMBERLAKE TO APPROVE THE PROCLAMATIONS FOR WORLD PANCREATIC CANCER DAY AND VETERANS DAY. 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 C. FELECIA HAMPSHIRE, PAMELA J. LEWIS, ROY M. TIMBERLAKE, JR., D. RAY BRALY, AND MAYOR B. VAN ROYAL. NAYS NONE. Proclamation World Pancreatic Cancer Day Mayor Royal read the Proclamation into the record (see attachment marked Exhibit A ) and presented it to Diane Dudash-Dykes who expressed her appreciation to the City. Proclamation Veterans Day Art Yeaman gave a brief update on the TAPS project. Mayor Royal read the Proclamation into the record (see attachment marked Exhibit B ) and presented it to Chris Rodatz and David Kersey, Military Museum, and Cindy White, VFW Post 1988, who expressed their appreciation to the City.

2 Page 2 of 8 CONSENT AGENDA 1. City Council approval of the minutes of the Regular Sessions on September 1 and 15, 2015 and Special Sessions on September 9 and 21, City Council approval of a Grant Agreement for a 2015 Urban and Community Forestry Grant in the amount of $14,682 to revise the Tree Mitigation and Landscaping Ordinance. 3. City Council approval of 2015-PZ-46, a Gateway Corridor and Central Business District Matching Grant Application for a monument sign for the property located at 300 Gum Street. 4. City Council approval of 2015-PZ-63, a Gateway Corridor and Central Business District Matching Grant Application for a monument sign for the property located at 401 Walnut Street. 5. City Council approval of the After Action Report for the 14 th Annual Soul Food Festival and Parade. 6. City Council approval of 16 th Annual Christmas on Walnut Street Festival and 48 th Annual Christmas Parade Co-Sponsorship request from the Green Cove Springs Business League. 7. City Council approval to insert a flyer in the November utility bills for the Christmas on Walnut Street Festival and Parade to be held on December 5, City Council approval of Amendment No. 2 to the Professional Services Agreement with Atlantic Engineering Services for Structural Engineering Services retroactive to September 17, 2015 through September 16, City Council approval of piggy-back on the Pasco County Contract No. IFB-EC , Sewage Sludge Dewatering and Hauling, with Synagro South, LLC, for sludge dewatering services for FY 2016 in an amount not to exceed $60, City Council approval of the job descriptions for the positions of Police Officer I, II, and III. 11. City Council approval of Pay Request No. 1 to Matthews Design Group, Inc. in the amount of $42, under Contract Value of $200,000 for Design of the Historic Spring Park Pool and Interactive Water Feature Project. 12. City Council approval of a Standard Contract and Supplementary Conditions with Heart Utilities of Jacksonville, Inc. for the Reconductor Bid Capital Project in the amount of $537,000 to be completed within eight (8) weeks upon issuance of Notice to Proceed and authorization for the Mayor to execute said contract. 13. City Council approval of an Engagement with Bhide & Hall to complete a Site Plan and prepare design plans for the Library at the Augusta Savage Arts & Community Center in an amount not to exceed $30, City Council approval to piggyback on the Professional Services Agreement with the City of Mt. Dora for Tree Trimming Services with The Davey Tree Expert Co. effective retroactive to October 1, 2015 through September 30, 2016 in a not to exceed amount of $82,350. Mayor Royal pulled Consent Agenda Item No. 3 and advised it would be deferred to the November 17 th Agenda at the request of the applicant. A MOTION WAS MADE BY COUNCIL MEMBER HAMPSHIRE TO APPROVE CONSENT AGENDA ITEMS 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, AND 14 AS LISTED ABOVE. 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 C. FELECIA HAMPSHIRE, PAMELA J. LEWIS, ROY M. TIMBERLAKE, JR., D. RAY BRALY, AND MAYOR B. VAN ROYAL. NAYS NONE.

3 Page 3 of 8 COUNCIL BUSINESS 1. Monthly FMPA Report November Bob Page Discussion ensued with the City Council regarding the monthly FMPA Report for October 2015 as presented by Mr. Page. The City Council expressed their skepticism on the decision-making by FMPA especially when there was currently an excess in capacity / generation and believed that FMPA should be in the resale of power and not the generation of it. However, it was also felt that there should be exploration in alternative energy sources. It was noted that the City had already filed CROD and given its intention to get out of FMPA and adding additional costs was not in the best interests of the City. In reference to the discussion on the ARP Solar PV Project, the City Council unanimously agreed with Option No. 3, i.e., to not consider Option Nos. 1 or 2 and to maintain the status quo. Discussion ensured on the recent resignation of the Nick Guarriello. Mr. Page felt that the organization would be pressed to move forward quickly for a replacement. Ms. Judd believed it would be better if FMPA appointed an Interim Executive Director. Mr. Page also requested direction on the search committee to a new Executive Director. A MOTION WAS MADE BY COUNCIL MEMBER TIMBERLAKE TO: 1. THAT WE GO AHEAD AND DIRECT MR. PAGE TO REPRESENT THE CITY AND SELECT OPTION NO. 3 UNDER THE SOLAR PV PROJECT; 2. THAT WE ALSO TAKE A FIRM POSITION THAT INSTEAD OF LOOKING AT A LONG TERM CEO, THAT WE LOOK AT INTERIM CEO UNTIL CURRENT LEGISLATIVE AND OTHER ISSUES ARE RESOLVED AND WE HAVE A BETTER SENSE OF DIRECTION; AND 3. THAT WE ECHO OUR POSITION THAT WE FEEL LIKE THE POINT OF OPERATIONS WOULD BE BETTER SERVED BY BEING A RESELLER; NOT A GENERATOR. THE MOTION WAS SECONDED BY COUNCIL MEMBER HAMPSHIRE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES COUNCIL MEMBERS C. FELECIA HAMPSHIRE, PAMELA J. LEWIS, ROY M. TIMBERLAKE, JR., D. RAY BRALY, AND MAYOR B. VAN ROYAL. NAYS NONE. Mr. Page also advised the City Council of a Special Telephonic Meeting on Thursday on the Public Gas Partnership. He believed it would encompass an opportunity to exit it but had not yet received an Agenda package so he was unsure of what costs would be involved. 2. Review of Land Development Code Provision Enclosed Garage in any Land Use District and Zoning Category. Judd Discussion ensued with the City Council regarding review of the Land Development Code Provision Enclosed Garage in any Land Use District and Zoning Category as presented by Ms. Judd. Direction and a policy direction from the City Council were being requested regarding clarity and consistency particularly for an application for construction of a carport to an existing attached garage. The following points were discussed: The history, original intent, and interpretation of the language in the Code; Definitions of awnings versus canopies; Definitions of setbacks and lot coverage;

4 Page 4 of 8 Past Code Enforcement issues related to maintenance and items being stored in a carport or on front porches; Possibility of any City liability; Applicant s application to build a fixed structure for a carport; Consistency and clarification of language in the Code; Property Owner s responsibility to know and abide by current codes; Pervious versus non-pervious surfaces; An approved site plan for a garage was approved for another property located on Walburg Street. However, the current construction includes only a carport. The City Manager has recommended the property owner be allowed to finish converting the carport to a garage at the City s expense. Mayor Royal recognized Joe Sobotta, 212 North Street, Green Cove Springs, who expressed his opinion regarding the intent of the City Code. A MOTION WAS MADE BY COUNCIL MEMBER TIMBERLAKE TO 1) CLARIFY THE CODE TO SAY NO CARPORTS AND EDIT THE REMAINDER OF THE CODE TO MAKE SURE THAT WE ARE CONSISTENT ON THAT POINT AND 2) TO DENY THE APPLICANT FOR AN EXCEPTION IN THIS CASE. Clerk s Note A second to this motion was never made. Refer to the motion made later in the discussion. Ms. Judd stated her only intent was to focus on what was being presented and outlined in her Staff Report and to see if the City Council agreed with those parameters. Staff would come back on the November 17 th Agenda with an interpretation for the City Code, which could be followed up with an Ordinance. Ms. Judd confirmed for Vice Mayor Braly that a Certificate of Occupancy had not yet been issued for the property on Walburg Street. If it was the City Council s intent to require a garage and not a carport, then it was her recommendation that the City should make that property owner whole. There would be an additional expense to make the carport become a garage. She had received an estimated cost of around $5,000 from the Clay County Building Official. Mr. Arnold pointed out that Kelly Hartwig has prepared the application plans; however, the application stated a garage was being added but the site plan, while it is called a new carport site plan, does say a new garage, and points to that area. He did believe it to be an innocent mistake on the City s part. Mayor Royal recognized Gary Carmichael, the applicant, 711 N. Magnolia Avenue, Green Cove Springs, thanked the City Council for their time and trying to help. He pointed to the consistent inconsistencies. He recounted the history of his purchase in 2007 and subsequent construction and improvements to the house and property. He also pointed to the errors and inaccuracies on the Property Appraisers records. He stated his only intent was to erect covered parking for his second vehicle due to the trees on the property that drop lots of leaves and acorns. He expressed his frustration regarding his request to erect what he called a carport but what the sales representative kept calling an awning. The type of awning he was looking at had a removal top for when the property owner was away. He pointed out that the lot was only 57 feet wide. He concurred with the Mayor stating he was unable to find any language that strictly prohibited a carport. His neighbors were appreciative for what the Carmichaels had done to improve the property. Mr. Carmichael urged the City Council to use their Ordinance power to force the property owners clean up their junky carport and front porches. Mayor Royal did not believe it should be considered a carport; it was an awning.

5 Page 5 of 8 A MOTION WAS MADE BY COUNCIL MEMBER TIMBERLAKE TO DIRECT STAFF TO COME BACK TO COUNCIL WITH A REVISED SET OF CODES WHERE IT CLEARLY SPECIFIES NO CARPORTS AND ITS BEEN EDITED TO ENSURE CONSISTENCY THROUGHOUT THE CODE. THE MOTION WAS SECONDED BY COUNCIL MEMBER HAMPSHIRE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES COUNCIL MEMBERS C. FELECIA HAMPSHIRE, PAMELA J. LEWIS, ROY M. TIMBERLAKE, JR., D. RAY BRALY. NAYS MAYOR B. VAN ROYAL. A MOTION WAS MADE BY COUNCIL MEMBER TIMBERLAKE THAT GIVEN THE FACT THAT THERE WAS AN OVERSIGHT ON SOMEONE S PART, BETWEEN THE CITY OR THE COUNTY, OR THE WAY THE DOCUMENTS WERE CREATED AND EXECUTED, THAT IN THE INTEREST OF GOOD CUSTOMER SERVICE, THAT WE REQUIRE THAT A GARAGE BE DONE AND, THAT WE AUTHORIZE AN EXPENDITURE UP TO $5,000 TO CORRECT A SITUATION WHERE A PERMIT WAS ISSUED FOR A CARPORT. THE MOTION WAS SECONDED BY COUNCIL MEMBER LEWIS. City Manager Judd confirmed that David Conner had looked at the structure and given her the estimate. She did not have a full blown estimate. COUNCIL MEMBER TIMBERLAKE AMENDED HIS MOTION TO SAY ROUGHLY $5,000 AND WE WOULD LIKE TO HAVE AN ESTIMATE THAT HAS A GOOD NUMBER SO THAT WE CAN TAKE ACTION ON IT. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES COUNCIL MEMBERS C. FELECIA HAMPSHIRE, PAMELA J. LEWIS, ROY M. TIMBERLAKE, JR., D. RAY BRALY, AND MAYOR B. VAN ROYAL. NAYS NONE. Under further discussion, Ms. Fleet stated that she could not explain what happened prior to her starting with the City. In response to comments from Mayor Royal, Mr. Arnold maintained that the City should be and had been consistent in its enforcement of the codes when issues were brought to the City s attention. However, he could not defend people who had put things in their yards that are illegal. Ms. Judd stated emphatically for the record that she had come to Green Cove Springs in 2011, she had consistently enforced every code the City has. She had seen things go on without building permits and had called them to the Building Department. Mayor Royal contended there were violations everywhere and the appearance was that it was fine. Council Member Timberlake disagreed and defended the Building Department who did as good a job as possible in identifying places where people are not pulling building permits and not acting in accordance with the City Codes and tried to get them to comply. He felt any contractor who tried to skirt the Codes should be put out of business. Vice Mayor Braly asserted that code violations should be cited. Ms. Judd reiterated the intent in 2007 was to not make more carports. Any increase in Code Enforcement cases would increase the costs of the Code Enforcement time and process to go to the Special Magistrate. In addition, the City Council had only approved a part-time position for a Code Enforcement Officer.

6 Page 6 of 8 3. Approval to apply for a Community Development Block Grant (CDBG) by establishing a Citizens Advisory Task Force (CATF), appointing members to the CATF, and allowing Jordan and Associates to prepare the CDBG grant application. Fleet / Judd Discussion ensued with the City Council regarding approval to apply for a Community Development Block Grant by establishing a Citizens Advisory Task Force, appointing members to the CATF, and allowing Jordan and Associates to prepare the CDBG grant application as presented by Ms. Fleet and Ms. Judd. Mayor Royal recognized Kathy Baker, Jordan and Associates, who explained the different types of grants and the combinations of grants for which the City may apply: 1. Neighborhood Revitalization; 2. Commercial Revitalization; 3. Economic Development; and 4. Housing Rehabilitation. Further discussion included the following points: Competitiveness of the various grants; There is more funding in the Neighborhood Revitalization category; The City is eligible for $700,000; You can apply every year; How the points are accumulated; Jordan and Associates will assist the City throughout the process; Instead of going door-to-door to acquire the necessary demographic information, they will mail out a survey with a cover letter on City letterhead; postage would be paid for by the City; The current request to the City Council approval to apply for a grant in the next cycle and allow Jordan and Associates to move forward; after a grant is awarded, the City would then issue a RFP to choose a consultant to administer the grant; A Resolution would be required to create the CATF; and Will have 45 days to complete and submit. A MOTION WAS MADE BY COUNCIL MEMBER TIMBERLAKE TO APPLY FOR A CDBG GRANT BY ESTABLISHING A COMMUNITY ACTION GROUP [CATF], APPOINTING MEMBERS TO IT, AND ALLOWING JORDAN AND ASSOCIATES TO PREPARE THE GRANT APPLICATION WHEN THE CITY [DESIRES TO] MOVES FORWARD. 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 C. FELECIA HAMPSHIRE, PAMELA J. LEWIS, ROY M. TIMBERLAKE, JR., D. RAY BRALY, AND MAYOR B. VAN ROYAL. NAYS NONE. 4. Approval to migrate the phone and internet service providers from Windstream Communication to Comcast Business Solutions at an estimated annual cost of $17,400, an estimated savings of $30,000, and authorize the City Manager to execute the Service Agreements with Comcast. Null Discussion ensued with the City Council regarding approval to migrate the phone and internet service providers from Windstream Communication to Comcast Business Solutions at an estimated annual cost of $17,400, an estimated savings of $30,000, and authorize the City Manager to execute the Service Agreements with Comcast as presented by Mr. Null. Mr. Null introduced Johnny Dykes, Account Executive for Comcast. Ms. Judd confirmed the transfer would be completed within 90 days with existing staff.

7 Page 7 of 8 A MOTION WAS MADE BY COUNCIL MEMBER HAMPSHIRE TO APPROVE [MIGRATING PHONE AND INTERNET SERVICE PROVIDERS FROM WINDSTREAM COMMUNICATIONS TO COMCAST AT AN ESTIMATED ANNUAL COST OF $17,400, AN ESTIMATED ANNUAL SAVINGS OF $30,000 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SERVICE AGREEMENTS WITH COMCAST). THE MOTION WAS SECONDED BY COUNCIL MEMBER TIMBERLAKE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES COUNCIL MEMBERS C. FELECIA HAMPSHIRE, PAMELA J. LEWIS, ROY M. TIMBERLAKE, JR., D. RAY BRALY, AND MAYOR B. VAN ROYAL. NAYS NONE. 5. Update on FDOT Street Banner project, selection of potential sites, and development of permit application fees for street banners. Null Discussion ensued with the City Council regarding an update on the FDOT Street Banner project, selection of potential sites, and development of permit application fees for street banners as presented by Mr. Null. It was also noted that the cost to the City for Staff and equipment to install and remove the banners was estimated at $450 each time one is installed and removed at each location or a total of $1,800. Ms. Judd confirmed that the only banners that would be installed at no charge would be banners promoting City-sponsored festivals and events. Guidelines and fees would need to be established. FDOT guidelines would also have to be incorporated. Various locations were discussed including the north end of town at or near Governors Creek and south of S.R. 16 (Ferris Street) on U.S. Highway 17. Staff was requested to bring back potential locations for City Council approval. Easements would also have to be researched. A MOTION WAS MADE BY COUNCIL MEMBER LEWIS TO DIRECT STAFF TO PICK OUT APPROPRIATE LOCATIONS ON [U.S. HIGHWAY] 17 WHERE THE POLES WILL WORK BEST AND DEVELOPMENT OF PERMIT APPLICATION FEES FOR STREET BANNERS. THE MOTION WAS SECONDED BY COUNCIL MEMBER TIMBERLAKE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES COUNCIL MEMBERS C. FELECIA HAMPSHIRE, PAMELA J. LEWIS, ROY M. TIMBERLAKE, JR., AND MAYOR B. VAN ROYAL. NAYS D. RAY BRALY. 6. City Manager and City Attorney Reports and/or Correspondence. The City Manager and City Attorney made comments regarding various city activities, events, operations, and projects. Ms. Judd and Ms. Clevinger gave a brief update on the upcoming 2016 Election cycle. The Supervisor of Elections had agreed to a one-time Interlocal Agreement to handle the City s election only. Mr. Arnold noted he had spoken with Orange Park s Town Attorney and they were moving forward but had some restrictive items in their Charter that would need to be addressed. It was noted that if the other municipalities were not on board for the Super Tuesday concept for the 2017 election, the City would be required to go back to administering its own elections. Council Member Timberlake suggested the City Council members approach the other municipalities Council Members to promote and advocate this issue. Mr. Arnold stated the City Council could do so but also noted there was proposed legislation in the works that may make this all null and void. 7. City Council Reports and/or Correspondence. The City Council made comments regarding various city activities, events, operations, and projects.

8 Page 8 of 8 8. Adjournment. There being no further business to come before the City Council, the meeting was adjourned at 10:25 p.m. CITY OF GREEN COVE SPRINGS, FLORIDA B. Van Royal, Mayor Attest: Julia W. Clevinger, City Clerk