tt6 REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION MAY
14
2009 AT
30 P 5 M AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE PRESENT
Chairman John Feind Mayor Alice M Baker Chairman Jane Mealy Vice Commissioners Joy McGrew Linda Provencher Ron Vath City Attorney Drew Smith Interim City Manager Bernie Murphy Police Chief Dan Cody Public Works Director City Engineer Bob Smith Community Redevelopment Director Caryn Miller Assistant to the City Manager
Libby
Kania and Administrative Assistant Kate Settle
1
CALL THE MEETING TO ORDER
2
PLEDGE
OF
ALLEGIANCE
Chairman
Mealy
FOLLOWED
BY
called to order at 3 5 1 m p
A
MOMENT
RECOGNIZE THE MEMBERS OF THE ARMED FORCES the
flag
3
PROCLAMATIONS AND AWARDS
followed
by
and commended the
4
a moment
s City
OF
SILENCE
Baker led the
TO
pledge
to
ofsilence
Public Works
Mayor
Baker read the
proclamation
into the record
Department
DELETIONS AND CHANGES TO THE AGENDA
changing
Mayor
Commissioner
the order of Items 8 and 9 Item 9 to be heard first
Consensus
Mealy suggested given to listen
to
was
Item 9 before Item 8
5
COMMENTS
ENCOURAGED
REGARDING TO
THREE MINUTES
SPEAK
ITEMS
NOT
HOWEVER
Stokes
ON
THE
COMMENTS
AGENDA SHOULD
CITIZENS BE
ARE
LIMITED
TO
representing on ensuring the pier is safe As a citizen she reported the and the of Palm Coast have adopted ordinance addressing the bid process with County City considerations for local vendors She hoped the Commission would consider adopting such an ordinance Ms Stokes also informed the Commission County Commissioner Revels is forming a roundtable and she hoped the City would have a place at such a roundtable discussion Commissioner Mealy reported she is in the process of drafting such an ordinance Phyllis Carmel concern that the State and Federal Government are more interested in expressed giving stimulus to cities She is worried Beach will be money larger Flagler gobbled up by Palm Coast Commissioner Mealy reported on the 1 million ofstimulus money the City will be receiving Lea
the Chamber of Commerce
The
Chamber
commended the Commission and Staff
CONSENT AGENDA
6
7
APPROVE THE MINUTES FOR THE REGULAR MEETING OF APRIL 30 2009 APPROVE A CONTRACT WITH BRIGHT HOUSE FOR INTERNET SERVICES AT
THE NEW WATER TREATMENT PLANT
Motion
Agenda
by
Commissioner McGrew seconded
The motion carried
unanimously
by
The
Commissioner
agenda
Feind
to approve the Consent
moved to Item 9
GENERAL BUSINESS
Page
1 of 8
2008 14 05
8
DISCUSS THE RATE SCHEDULE FOR REMOVAL OF YARD WASTE ESPECIALLY
PALM
FRONDS
COMMISSIONER
FEIND Bob Smith City Engineer and Hugh introduced the item Department Superintendent Eberhardinger They made a the the cost to and some ofthe City instances of the power point presentation outlining depicting Solid
yard
waste
Waste
in the
City and the amount of time staff requires to complete the large pick ups They savings to the City as well as introducing revenue producing routes since the
noted the cost
Ordinance has been in effect number of months citizens the fees would be citizens
on
fronds out
charged
Discussion ensued and included how the fee
how much to put out at little at
a
various ways
a
time
a
pay the
given time
City
or
citizens
find another
staff has made it clear to the
City
was
calculated
the
given gratis pick ups after the Ordinance was adopted whether after storms FEMA reimburses the City after a storm educating the were
public
via
having
the
means
to
a
options
haul the
of
putting palm yard debris the
the website and sanitation
letter
workers
talking to individual citizens educating the citizens if a contractor does the yard work negotiate with the contractor that they remove the debris and construction debris not being picked up by the Sanitation Department Commissioner Feind clarified the intent ofthe item was not to look at the ordinance again in its entirety but to clarify the fees regarding the palm fronds Mr Smith broke down the cost to dump a full load of yard waste He felt it fair charge Phyllis Carmel expressed her frustration with the ordinance Dave Robell felt why aggravate a homeowner by not picking up his trash J Nejame explained what he needed to do in order for him to get a pile down to the correct pick up size He noted the citizens need to know where they can take their construction debris and in other communities invest in a and use the mulch chipper for City property and sell the mulch to the citizens Rusty Place suggested putting the pick ups on a schedule Mr Smith reported the pick ups are on a schedule and he also reported in the letter sent to each citizen homeowner listed where they can take their construction debris Lea was
Stokes lives in
a
condominium association and there is
contractor to haul the waste
kind of
She felt it
not a choice
unreasonable to
expect
The association pays a City to haul away the
the
City used to have a Mr Eberhardinger explained the run chipper and wondered if it would pay for itself in the used to not cost efficient and the own was chipper City County did it as well and they could not give a way the mulch produced Commissioner McGrew remembered the chipper as well The mulch produced was full of carpenter ants etc There was no action taken on this item The agenda moved to Item 10 9
yard
waste
CONSIDER
depicted
A
in the
was
a
REQUEST
presentation
FOR
Mayor the long
Baker noted the
SPONSORSHIP CO
OF
THE
FABULOUS
4TH
FESTIVAL STREET CLOSURES PARADE AND OTHER DETAILS OF THE EVENT FLAGLER BEACH CHAMBER OF COMMERCE REPRESENTED BY CHAIRMAN LEA STOKES
Flagler
Flip Flops will be
Ms Stokes thanked the
City for past sponsorship co of the event She thanked the for their support and Club Rotary sponsorship The theme is Fireworks Ms Stokes anticipates a great turn out because fewer people
Beach Museum and the Fun and
traveling
The event is to take
place July 3 and July 4 She d Street leave 2 2 d Street
leave Central Avenue open from SR 100 to start the street closures late Thursday night
reviewed the
d early Friday morning at 2 and then closed AIA to Daytona or
changes
open all the way
as
through
Street South down to
down 2 4th Street closing 3 d and 4th Streets from d and Central from SR 100 to 2 a at noon on Friday She requested the streets remained close throughout the entire event until 11 00 p m on Saturday evening Vendors or a car show will take the space on central adjacent to the Farmer sMarket Vendor Registration will take place Thursday evening and vendors that do not register on Thursday night must do so at 6 00 a m Friday morning
Page
2 of 8
2008 14 05
After 9 00 a mno vehicular traffic will be allowed and open watermelon eating and on
Friday night
The vendors
can stay open until 11 00 p m 00 11 She outlined where the Saturday p m contests would take She reviewed the entertainment eating place
00 a 9 m until
on
BBQ
line up On the 4ch of July the parade will begin at 10 00 a m Fireworks will take place between 9 to 9 30 p m She requested a banner be put up at City Hall the Chamber is requesting the owners of Dollar General Finns and Cross Tides at SR 100 and AIA to allow banners to be
put up A street
in
question front
of
and
answer
City
period
Hall
followed There
was some
Commissioner McGrew
felt
discussion
regarding closing
there
strongly
should
be
the
some
concession from the Farmers
Market in order to facilitate the set up for the event in the most She asked for Bill Forehand owner of the Farmer sMarket to come
efficient way possible forward She asked him how it would affect his business if the
City
closed the roads
He
00 a m reported a loss last year when the street closures started at 6 Phyllis Carmel needed clarification regarding the City s parking lot Ms Stokes clarified the parking lot will be used for the entertainers and volunteers and any overflow of vendors Commissioner Feind and Commissioner felt the Chamber and the Forehands had come to a mutual agreement Mealy Commissioner Feind asked for Ms Stokes to Commissioner
Feind
seconded
by
Festival and
come
AUTHORIZING
an
update
Motion
by
McGrew we co sponsor the Fabulous Fourth etc closures parade route pending further deliberations
tentatively approve the between the Chamber and staff The motion carried 10 CONSIDER
back in June for
Commissioner
PUBLIX
unanimously
The
agenda moved
to item 8
TO ACTOR
SUPER MARKETS INC REPRESENTED BY SCOTT BRUBAKER Kim Stevens and Scott Brubaker
Brunson Dwayne
Publix
requested the Commission allow Publix to be able to contract with an outside carrier to haul their thirty yard compactor until the City is able to do so Mr Smith reported he had made the applicant aware of the City s ordinance regarding solid waste and suggested they come before the Commission to make their request for a special license permit because the City currently cannot handle the roll off dumpster Mr Murphy the reported s current ordinance does not allow for an outside handler The City has stood City the ordinance in every project that has come before the Commission Mr Murphy continued by and reported there may be a business opportunity for the City to get into the roll off business Mr Smith did a preliminary cost and approximate revenue that could be generated by purchasing He noted several ways in which the City could benefit from such a purchase a roll off truck Mr Eberhardinger has research used equipment Mr Smith srecommendation was to treat the roll off truck as a business Mr Murphy assured with Mr Smith s affirmation current staff could do this type of work Commissioner Vath requested a business plan for this venture showing the Commission expenses and revenues proving it will be an ongoing business that will not costs the residents money He asked the Publix representatives if they buy the compactor or if they use the compactors provided by the hauler They indicated they purchase the compactor and have their own specifications that go beyond OSHA standards The timeline of events was discussed with Mark Turner the developer Possible solutions regarding how to handle the situation were discussed at length Motion by Commissioner McGrew seconded by Commissioner Provencher authorizing City staff to enter into an agreement with Waste Management to service the roll off at Publix and authorizing City Staff to enter into an agreement with Publix that Publix would pay those service fees from Waste Management until such time as the City is able to provide the service without using a contractor The motion carried unanimously Motion by Commissioner Provencher seconded by Commissioner Vath representing
or
Page
3 of 8
2008 14 05
for staff to
bring
back
The motion
possible meeting reconvened
a
business
carried
plan as far as purchasing one of these trucks as quickly as 32 p unanimously Commissioner Mealy recessed at 7 m The
at 7 47 p m
11 DISCUSSION AND NECESSARY ACTION REGARDING CHANGING THE RECORDS CLERK POSITION FROM PART TIME TO A FULL TIME
Libby
Kania reviewed
the
history
of the
administrative sergeant full time at the
position
She
noted
POLICE
POLICE CHIEF
in the
past there was an changed and the City
police prefers having our officers out on the road It is the intent of the Police Chief should the position become full time the person in this position would be responsible for handling evidence it comes into the police station as well as as maintaining the records In many other a the evidence and it proves to be an overall cost municipalities lay person handles savings to those municipalities Currently there is not a collection system in place for tracking fines and there is an opportunity for the current person in the position to manage the current grants as well as research other the Police Department for She reviewed the costs involved in possibilities the current time full and the Police Department changing employee from part time to sbudget There was some discussion regarding job sharing Clarification regarding the evidence piece of the was discussed and the fewer with access to the evidence the better position people Commissioner Vath was concerned how this would work during the budget process The collection process was discussed and the number of citations being issued Mr Murphy felt the Police Department is a very productive department and the need is there Commissioner Feind felt it was cost effective to have civilian checking in the evidence Commissioner Mealy wanted to ensure the position would be revised to include the new description requirements Motion by Commissioner Provencher seconded by Commissioner Feind we approve making the Police Records Clerk position from time The motion carried time to full part unanimously station
Circumstances have
a
12 DISCUSSION USED
TRUCK
AND
NECESSARY
FOR USE AS
ACTION
REGARDING
A BRUSH TRUCK
THE
FIRE CHIEF
PURCHASE
OF A
Chief Martin Roberts
presented the item and reviewed the documents distributed Commissioner Feind questioned the necessity of the truck Chief Roberts assured him the truck was a necessity The truck the department currently uses will go back to the Division of Forestry Commissioner Vath thought maybe a club cab might be more applicable Chief Roberts explained the he and his firefighters discussed the option but felt the longer the truck the harder to maneuver Motion by Commissioner Vath seconded by Commissioner Provencher to approve the purchase of the used fire truck as a brush truck have it appropriately logo d and have the Chief convert it to our use the 2003 Chevy Silverado 3500 which is at the cost of 18 750 plus tax Mr Murphy informed the Commission they will be bringing it back as a budget amendment The motion carried
unanimously
13 DISCUSSION AND NECESSARY ACTION RELATED TO THE RIGHT WAY USE OF AGREEMENT FOR SALTY DOG RESTAURANT
CRA DIRECTOR
Mr
the agreement was drafted by Attorney Smith and presented to the Barrihills issue with two but has take an out a 1 million dollar agreed to points
Murphy reported Mr Barnhill had
liability policy with a 1 citing the change instead of save and hold harmless it would be adjacent owner and adjacent city tenant shall hold the City harmless He explained the meaning of the change to be the owner would not sue the City but would not defend the City if someone else did Item 6 would be removed in its entirety number million dollar umbrella
Page
4 of 8
Attorney
Smith referred to Item 5
2008 14 05
7 one million dollars would be
changed to two million dollars Paragraph 13 the last line paragraphs would change to paragraph The wording would reflect paragraph 5 and paragraph 6 would be deleted The document would need to be renumbered as Item 6 will be removed Commissioner Vath wondered if the tenant changes can the agreement be renewed Attorney Smith reported on the wording and intent of the tennination clause in the agreement Howard Sklar wanted to clarify if the agreement was for one property in the City and one Commissioner the is limited to the property only Mealy reported agreement property Motion Commissioner seconded Commissioner by McGrew by Provencher we direct staff to execute the necessary paperwork for the agreement for the right of way for the Salty Dog restaurant with the changes that were mentioned by our Attorney The motion carried unanimously 14 RESOLUTION
26 2009
APPROVING
THE
LOCAL
AGENCY
PROGRAM
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
IMPROVEMENTS AND PROVIDING AN EFFECTIVE DATE Smith read
the title of the resolution
seconded
by unanimously
Commissioner after
a roll
15 RESOLUTION
into the record Motion
McGrew
we
CRA DIRECTOR
by
Attorney Provencher
Commissioner
26 approve Resolution 2009
The motion
carried
call vote
27 REQUESTING THE 2009
ASSISTANCE
OF G
TA TO
PRIORITIZE
PROJECT
THE
FROM
INTERCITY
RAIL
JACKSONVILLE
TO
COMPONENT AS
MIAMI
ECONOMIC STIMULUS PACKAGE FOR THE
of the
resolution
Commissioner
was
Commissioner
The motion carried
PART
FEC
OF
CORRIDOR
THE
FEDERAL
Attorney
Smith read the title of the
Mealy reported on history of item and hopefully bring jobs and tourism to the County
to
Provencher
THE
STATE OF FLORIDA PROVIDING FOR
CONFLICT AND PROVIDING AN EFFECTIVE DATE resolution into the record
OF
seconded
unanimously
by
after
a
the
Commissioner
Feind
the purpose Motion
by
to approve Resolution 2009 27
roll vote
16 RESOLUTION 2009 28 SETTING A FEE FOR GOLF CART REGISTRATION AND RENEWAL PROVIDING FOR AN EFFECTIVE DATE Attorney Smith read the resolution into the record
Chief
felt the twenty dollars for the
Cody
renewal would be sufficient
Motion
by
registration
and the fifteen dollars for
Commissioner Provencher seconded
by
Commissioner
28with the twenty dollars for the registration fee and fifteen approve Resolution 2009 dollars for the renewal fee The motion carried unanimously after a roll call vote
Vath
we
17 RESOLUTION 2009 29 AMENDING RESOLUTION 2008 54 WHICH ADOPTED THE FY
09 BUDGET 08
PURCHASE
TO
REFLECT
NECESSARY
SIGNS
A
BUDGET
FOR
AMENDMENT
IMPLEMENTATION
OF
FOR THE
FUNDING GOLF
TO
CART
ORDINANCE PROVIDING FOR CONFLICT AND PROVIDING AN EFFECTIVE DATE Smith read the title ofthe resolution into the record Commissioner
Mealy clarified the previously discussed the resolution was brought forward for funding purposes Commissioner Vath questioned if the funds for the signs could come out of a department that might have a little extra in their budget Mr Murphy gave a brief description of the budgetary issues with the City revenues Motion by Commissioner Provencher seconded by Attorney item
Page
was
5 of 8
2008 14 05
Commissioner
Vath
we
29 The motion carried approve Resolution 2009
roll call vote
unanimously
after
a
18 DISCUSSION AND NECESSARY ACTION RELATED TO HAVING ONE DAY MEETING AND ONE NIGHT MEETING DURING EACH MONTH MAYOR BAKER
give the citizens a choice of day or night meeting Some of the citizens are not able to drive at night She also felt it was tough on staff to work all day and come to in the She further cited some meetings evening department heads take administrative leave the Baker noted the County and the School Board have day following day Mayor meetings Commissioner Provencher asked Commissioners Vath and Feind their experience with day meetings Discussion ensued and included the attendance being smaller staff would be available during the day and could be called upon to attend the meeting when necessary the with the CRA scheduling TV scheduling meeting and the day meeting the second meeting of the month Commissioner Mealy questioned the issue of staff not being available to work the day after a meeting She wondered how it would affect staff to be in a meeting during the day Ms Kania spoke to her experience when there was a day meeting The time of the meeting was discussed It was the consensus of the Commission to change the schedule to one meeting at 30 p 1 30 p m and last meeting ofthe month to be at 5 m Mayor
Baker felt this would
19 CONSIDER APPOINTMENTS TO
A
THE PLANNING
Commissioner on
the
B
Provencher
Planning
by Commissioner Feind
and Architectural Review Board The
THE BOARD OF ADJUSTMENT
Commissioner
Provencher
Nancy
Scarci
for
Commissioner
Seat
Vath
Four
seconded
the Board ofAdjustments THE
seconded
CODE
to
reappoint unanimously
The nomination carried
C
ARCHITECTURAL REVIEW BOARD seconded
Nomination
by Commissioner Vath
DiGregorio Nomination by Commissioner
Commissioner
died
for
Feind
to
BOARD
lack
of
appoint unanimously Nomination
by Adjustment
Provencher to
appoint
second Nomination by
a
Frank
by
by
Seat 7
seconded
to Seat 5 on the Board of
The nomination carried
ENFORCEMENT
reappoint Lea Stokes to nomination passed unanimously
Silvio
The nomination
by
Nomination made
to
Viagnati
to Seat 4 on
Commissioner
McGrew
by Feind reappoint Mulvaney to Seat 4 The nomination carried Nomination by Commission McGrew seconded unanimously by Commissioner Provencher to reappoint Richard Faddis to Seat 5 The nomination carried unanimously Nomination by Commissioner McGrew seconded by Commissioner Provencher appoint Andy Miklos to Seat 6 on the Code Enforcement Board The nomination carried unanimously D THE FIRE PENSION BOARD CITY APPOINTEE SEAT Motion by Commissioner McGrew seconded by Commissioner Provencher to reappoint Sharon Stokes to the City appointee position on the Fire Pension Board The motion carried unanimously Commissioner Mealy felt the applicant is an employee volunteer fireman She did not feel the City Appointee seat should be filled by an employee Commissioner Mealy made it clear this discussion did not reflect any personal feelings regarding The intention of the seat is to serve in the best interests of the City Motion by Commissioner Provencher seconded by Commissioner Vath that Commission Mealy fill the position on the Fire Pension Board The motion carried unanimously E
THE
Assistant Page
Commissioner
ECONOMIC
DEVELOPMENT
announced the results ofthe
6 of 8
Rich
to
ranking
TASK
sheet
as
FORCE
being
Kate
Settle
Ted Johnson to
Administrative
complete
the term
2008 14 05
of the SPAC seat Chris
Casper to move from an alternate position to completing the Citizen at Large seat and appoint Andy Miklos to complete the alternate seat on the Economic Development Task Force Motion by Commissioner Vath seconded by Commissioner Feind to approve the
ranking
sheet
as
recited
by
our
City
Clerk
The motion carried
unanimously
COMMISSION COMMENTS
20 COMMISSION
COMMENTS
Department commending letter
from
Department
a
two
letters
Officer Sheffield and Officer Arcieri for
citizen who resides
for his
Baker read
Mayor
help
Mayor
at
the Nautilus
a
job
the
Flagler
well done
Scott Jackson
commending
Baker also attended
from
Beach
She read
a
of the Fire
service at the
Flagler County Law May 28th Meeting She inquired if the Animal Ordinance could be for first the at ready reading May 28th meeting Commissioner McGrew thanked the other Commissioners for the attending Rotary Event last weekend Commissioner Feind wanted to ensure the Scenic Highway matching grant was being paid appropriately He reported the Fire Department was training with the Wave Runner and was pleased it was being used Commissioner Feind reported the budget in Tallahassee is no the Florida Forever Grant Commissioner Feind commended the Jr longer funding Lifeguard and is it is He Program pleased continuing updated the Commission on his research regarding the City applying for a grant from the Scenic Highway for more parking on AIA He spoke with the coordinator and she indicated it would not be feasible Commissioner Mealy attended Taste of She was a little there was one local restaurant was in attendance Flagler disappointed only She attended Wadworth sElementary Schools 2 d grade Environmental Program at Gamble Rogers Commissioner Mealy attended the Museum Board Meeting and reported on the funds collected for the City by providing fire inspections Officers Memorial
a
Commissioner Provencher will not be able to attend the
PUBLIC HEARING
ORDINANCE 2009 09AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES
21
ARTICLE III PUBLIC SERVICE TAX TO AMEND SECTIONS 18 48 THROUGH 53 18 TO
PUBLIC
SERVICE TAXES PROVIDING FOR CODIFICATION
CONFLICTS READING Commission on
AND
ESTABLISHING
Attorney McGrew
second and final
Smith read seconded
reading
by
AN
the title
EFFECTIVE
DATE
of the ordinance
Commissioner
The motion carried
Provencher
into
the
AND
record
a
AND
FINAL
Motion
to approve Ordinance
after
unanimously
SEVERABILITY
SECOND
by
09 2009
roll call vote
STAFF REPORTS
22 STAFF REPORTS
expert was
testimony
the
on
consensus
possibilities equipment at 7 of 8
Smith asked
Comprehensive
Plan
of the Commission for
Interim
are
permission
Challenge
Attorney
City Manager Murphy
the Wastewater Plant tomorrow
Commission there
Page
the
Attorney
to
Case
bring re
Smith to
in
an
expert
move
minor issues needed to be clarified
to
give It
forward and research the
reminded the Commission of Assistant to the
planner
Ocean Palm Golf Course
a
demonstration of
City Manager Kania reminded with Clerk Apperson before
the the
2008 14 05
meeting the golf
times cart
can
be
signage
changed
City Engineer
asked the Commission for
The Commission expects
completion regarding
the
a
little
golf
more
cart
time
re
signage by
June 1
23 ADJOURNMENT Motion to
adjourn
the
meeting
by
Commissioner
at 9 15 p m The motion
Jane
Mealy
Chairman
Kate
Settle
Administrative Assistant
Page
8 of 8
McGrew
carried
seconded
by
Commissioner
Feind
unanimously
2008 14 05