Minutes 5-14-09

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