Regular 06122008

REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION JUNE

12

2008 AT

30 P 5 M AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE Chairman John Feind Baker Chairman Jane Mealy Vice Commissioners Joy McCrrew Linda Provencher City Attorney Charles Cino Interim City City Engineer Bob Smith Interim Finance Manager Bernie Murphy Public Works Director Director Kathleen Doyle Community Redevelopment Director Caryn Miller and City Clerk Angela Apperson PRESENT

Mayor

Alice M

ABSENT Commissioner Ron Vath

1

CALL THE MEETING TO ORDER Chairman

2

PLEDGE

OF

ALLEGIANCE

FOLLOWED

Mealy BY

called to order at 3 5 0m p A

MOMENT

RECOGNIZE THE MEMBERS OF THE ARMED FORCES pledge to the flag followed by a moment of silence

OF

SILENCE

TO

Commissioner McGrew led the

PROCLAMATIONS AND AWARDS A PLA UE OF APPRECIATION TO WILLIAM BOROSKI FOR HIS MANY YEARS OF 3

SERVICE ON THE CODE ENFORCEMENT BOARD Mayor Baker presented a plaque of to William Borowski for his service to the City from November 6 2003 to May 9

appreciation 2008

DELETIONS AND CHANGES TO THE AGENDA Item 10 and 23 have been removed from the agenda City Clerk Apperson indicated the DAV has withdrawn their request for a s request Event re Item 9 b Consensus was reached to grant Commissioner McGrew 4

Special

to hear Item 20

5

before Item 9

COMMENTS

REGARDING ITEMS

ENCOURAGED TO

SPEAK

NOT

HOWEVER

ON

THE

COMMENTS

CITIZENS

AGENDA SHOULD

ARE

BE LMTED TO

Flagler Beach DAV Chapter announced the DAV will be showing a stronger presence in their fund raising efforts to purchase an additional Mr Reed requested the City van to transport the local Veterans to medical appointments Commission donate an amount equal to the donation approved to Miss Flagler County Phyllis Schlemer Carmel presented a short history of the business district Ms Carmel requested the Commission reevaluate their position and draft a letter of intent regarding the Mainstreet Program Ms Carmel applauded the efforts of the CRA but expressed the need for the Mainstreet program to assist businesses that are not in the CRA Robert Chase expressed his discontent with how a citizen was directed the last meeting Zoee Forehand thanked the Commission for supporting Miss Bernice Lopez in her efforts to participate in the Miss Florida THREE NIlNUTES

Bob

Reed representing

the

Pageant CONSENT AGENDA

6

APPROVE THE MINUTES FOR THE REGULAR MEETING OF MAY 22 2008

7

APPOINT ROBERT CHASE TO THE CODE ENFORCEMENT BOARD

Page

1 of 8

2008 12 06

Motion minutes

McCrrew seconded by Commissioner Feind to approve of the Regular Meeting ofMay 22nd The motion carried unanimously

by

Commissioner

Item

6

Mealy noted there were two applicants for the Code Enforcement Board and was not sure how to proceed City Clerk Apperson informed the Commission there was an fill opening on the Board of Adjustments and she had spoken with Mr Chase and he agreed to we that vacancy Motion by Commissioner Provencher seconded by Commissioner Feind Kuhnlein to the Code Enforcement Board and Robert Chase to the Board of appoint Ed to 20 Adjustment The motion carried unanimously The agenda moved Item Item 7

Commissioner

GENERAL BUSINESS

8

DISCUSSION AND NECESSARY ACTION RELATED TO THE COMPUTER SUPPORT

SERVICES AT THE POLICE DEPARTMENT

ITEM TO INCLUDE PROPOSAL FROM

00 TIME CERTAIN 6 JAMES MOORS AND COMPANY AND FCSO CITY CLERK M City Clerk Apperson introduced John Sandie Jerry Pfluger and Larry Neil from James P Moore and Co Mr Sandie summarized the proposed agreement A question and answer period

City Clerk Apperson made a recommendation to the Commissioner Feind seconded by Commissioner McGrew that we

followed

agreement with James Moore motion carried unanimously Motion into

an

McGrew

to

have the

Mayor sign

the

Company

and that

we start

Commission direct Mr

Motion

Murphy

by

to enter

with the Bronze Plan

The

by Commissioner Feind seconded by Commissioner necessary paperwork The motion carried unanimously

UP DISCUSSION AND POSSIBLE ACTION REGARDING THE MEETING FOLLOW AMONG THE OWNERS OF THE FARMERS MARKET COMMISSIONER MEALY AND 9

Sl ATTORNEY CINO REGARDING AN APPLICATION FOR APPROVAL FROM OWNER r

ir ter

1TTTT 1Tf17 rllr T1r

TATT7

TT1 A1

A

Zoee and Bill Forehand addressed the Commission and outlined Beach Ms Forehand indicated they would support any event taking

TICKETS WITH A TENT their support for Flagler place in Veterans Park but when the events would

and

urged for communication of when structures would be erected take place She reviewed a suggested form with the Commission She

indicated the need for the form

for insurance purposes the weekend of the Fourth of July was

She asked for communication Market will be

as the Farmers regarding road closures on for a better working relationship with the taking place on July 4 and 5 Ms Forehand hoped to the City its businesses and organizations Discussion ensued and included adding questions Special Event form 30 day notice prior to an event Christmas decorations the spirit of the gift of Veterans Park finding alternative signage being dependent on the Forehands for approval of events and signage in a City Park partnership with the Forehands on the rights ofthe park the need for information better communication between the two parties and the past protocol and additional insured for the Forehands on Block 8 on City insurance City Clerk Apperson asked the Commission for direction as to whether they would like to amend the Special Events indicated the City Application to include the requested information of the Forehands She also indicated would show some notice The Forehands does not always get thirty days they s policy to inform business owners of flexibility Caryn Miller indicated it has not been the City road closures She asked the Commission for direction The Fourth of July was discussed Lea Stokes President ofthe Flagler Beach Chamber referenced road closures and when the map was the Mr finalized Murphy suggested informing the effected businesses He did indicate

Page 2 of 8

0612 2008

by Commissioner McGrew seconded by Commissioner Provencher that we cooperate and work together as a team for the betterment of the community and to include that we would change our special events application to include those types of things that the Forehands have asked for as soon as we get one they will be copied with a copy of that application if they have any concerns they would bring it to the attention of the City Clerk s office and that Caryn will let all effected business owners be aware 47 of any street closings The motion carried unanimously Commissioner Mealy recessed 6 0 7 1 moved to 11 reconvened at The Item m p agenda m The meeting p business

owners

10 PROMOTE

should not have veto

rights

Motion

FLAGLER BEACHSIDE MERCHANTS

BY EXPANDING

FARMERS

MARKET STYLE DISPLAYS ON FRIDAYS AND SATURDAYS DURING FARMERS MARKET HOURS TO TAKE ADVANTAGE OF THE MANY VISITORS BEACHSIDE OR MERCHANTS WOULD BE ENCOURAGED TO DISPLAY THEIR PRODUCTS AND SERVICES AND PROMOTE THEIR SHOPS IN A MARKET AREA ESTABLISHED BY PHYLLIS CARMEL THE CITY IN CLOSE PROXIlVIITY TO THE FARMERS MARKET The item

was

removed from the

agenda

11 APPROVAL OF PETITION FROM THE FLAGLER BEACH MONTESSORI SCHOOL WICKLINE CENTER FOR THE LEASING OF THE GREAT ROOM AT MOODY APPROVAL OF THE DRAFT CONTRACT AND AUTHORIZATION FOR THE MAYOR CRA DIRECTOR AND RECREATION DIRECTOR Caryn Miller TO SIGN THE SAME

outlined the

petition

Wickline Center

as

for the Great Room

of July

lease is for the Great Room

1

The Adult Education

She reviewed the

The small

room

meeting

Programs

with the

are

applicants

pulling

out of the

and indicated the

will be rented out for those instructors who would

like to continue their classes Ms Miller reviewed the tentative schedule ofthe great room Ms Huckabee and Ms Susman came forward to answer questions Discussion ensued and included

liability insurance for the students the City having proper coverage the safety factor having a building inspection the use ofthe kitchen Caryn Miller responded to any She reported on the building recently being inspected by the Fire Chief the kitchen concerns will only be accessible by City staff and the instructors Commissioner Provencher indicated the state will be doing their own inspections on the school for the licensing procedures Commissioner Feind expressed concern regarding the City s liability classes for seniors and whether the building is ADA compliant Commissioner McGrew was thrilled the Wickline Center was going to be a school again Commissioner Mealy questioned security issues and supervising the children She needed clarification regarding the use of the Senior Center Ms Miller responded Commission Mealy noted a need to changes the hours in the agreement Richard Price wanted clarification regarding the amount of the rent and what it covered Phyllis Carmel was in support of the school Dana Livingston was excited to be able to possibly enroll her child in the program Amy Samuelman eagerly awaits the opening ofthe school Bob Chase Commissioner was in support of the school Motion by Commissioner Provencher seconded by McGrew that we approve the petition from the Flagler Beach Montessori School for the leasing of the great room at the Moody Wickline Center and approval of the draft contract to be authorized to be signed by the Mayor and that the City becomes an additional insure for two million dollars on the entire facility The motion carried unanimously what the rent covers

SUIT 12 DISCUSSION AND NECESSARY ACTION RELATED TO A REQUEST FOR PRE SETTLEMENT WITH ROGER FREE POSSIBLY SET A DATE AND TIME FOR A SHADE MEETING INTERIM CITY MANAGER AND ATTORNEY CINO

Page 3

of 8

Attorney

Cino asked if 2008 12 06

the Commission would like to have

Commission

not to schedule

a

shade

meeting regarding Roger Free It was the meeting for this issue at this time

a

consensus

of the

21 13 DISCUSSION AND NECESSARY ACTION RELATED TO RESOLUTION 2008 WHICH CREATED A FEE SCHEDULE FOR SOLID WASTE COLLECTION AS 03AND INCREASED THE FEES AS REQUIRED BY BY ORDINANCE 2008 Mr Murphy ORDINANCE 2008 03 Commissioner Mealy read the title into the record

UIRED R

referenced past

discrepancies

as

sited

by

Commissioner Provencher

City

Clerk

Apperson

reviewed the attachment and the rates with the Commission Bob Smith reviewed how the rates Discussion ensued and included the and compared to the previous rates were calculated

being too high the date of the last rate increase being in 2002 the need for the City to purchase capital equipment possibly outsourcing sanitation the cost being below the it County and Palm Coast the commercial rates and how it applies to the larger dumpsters being an enterprise fund the price of diesel fuel and outsourcing would not provide a savings Richard Price was not in favor of outsourcing Phyllis Carmel asked for the dollar amount her increase would be for her with a Business Tax Receipt Commissioner McGrew responded Bob J NeJame needed clarification on the pick up for larger Chase questioned outsourcing on holidays He dumpsters He also praised the Sanitation Department for their work especially suggested one day pick ups in order to save money on fuel Motion by Commissioner Feind seconded by Commissioner McGrew that we direct Mr Murphy to direct staff to bring back a that new rate schedule based on Exhibit B or Plan B and that we not implement the new rates motion 21 The carried unanimously were passed in Resolution 2008 percentage

increase

3b A UNANIMOUS RESOLUTION OF THE FLAGLER COUNTY 14 RESOLUTION 2008 FLAGLER COUNTY SUPPORT OF THE LEAGUE OF CITIES TO SEEK THE

4

OF JULY FIREWORKS DISPLAY TO BE HELD IN THE CITY OF FLAGLER BEACH FLORIDA ON JULY 4 2008 Attorney Cino read the title of the resolution into the record City Clerk read the changes in the document into the record

COMMISSION FOR THE ANNUAL

by Commissioner Feind seconded by Commissioner McGrew that we adopt Resolution 36 as amended by the Clerk The motion carved unanimously after a roll call vote 2008 Motion

15

A RESOLUTION 2008 37 AMENDING

RESOLUTION 2007 58 WHICH ADOPTED

08 BUDGET TO REFLECT A BUDGET AMENDMENT TO PROVIDE FUNDS THE FY 07 NEEDED TO ADD JR LIFEGUARD SALARIES AND REVENUES FROM THE PROGRAM

PROVIDING FOR CONFLICT AND PROVIDING AN EFFECTIVE Cino read the title of the resolution into the record Motion by Commissioner

TO THE BUDGET DATE

Attorney

McGrew seconded by Commissioner Feind 58 The motion carved 2007 B

we

unanimously after

adopt a

Resolution

37 amending 2008

Resolution

roll call vote

RESOLUTION 2008 38 AMENDING RESOLUTION 2007 58 WHICH ADOPTED

TO REFLECT A BUDGET AMENDMENT TO REFLECT BID AWARD FOR THE SANITATION BUILDING ROOF REPAIR COMPLETED IN JANUARY 2008 PROVIDING FOR CONFLICT AND PROVIDING AN EFFECTIVE DATE Attorney 08 BUDGET THE FY 07

by Commissioner McGrew 38 amending Resolution adopt Resolution 2008

Cino read the title of the resolution into the record seconded

by

Commissioner

58 The motion carved 2007

C

Page

Provencher

we

unanimously

after

a

Motion

roll call vote

58 WHICH ADOPTED RESOLUTION 2008 39 AMENDING RESOLUTION 2007 4 of8

2008 12 06

2008

08 BUDGET TO REFLECT A BUDGET AMENDMENT TO TRANSFERRING THE FY 07 FUNDS FROM THE POLICE DEPARTMENT TO THE VOCA PROGRAM AS PREVIOUSLY

PROVIDING FOR

APPROVED

EFFECTIVE DATE

Attorney

CONFLICT

AND PROVIDING

Cino read the title of the resolution into the record

AN

Motion

by

39 Commissioner McGrew seconded by Commissioner Provencher we adopt Resolution 2008 after roll call vote 58 2007 The motion a carried unanimously amending Resolution 5200 31 12 16 DISCUSSION AND NECESSARY ACTION RELATED TO PARCEL O1 OOAO OWNED BY RIO MAR WITH A CONSERVATION EASEMENT DEDICATED 00000 TO THE CITY AND THE UNPAID TAXES ON THE PROPERTY CITY ATTORNEY AND CITY CLERK City reviewed how this came to his attention He recommended

Attorney

paying the unpaid Apperson noted the

City Clerk the City many

from the homeowners association

taxes on the

easement

easement was

not deeded to the

City although

it

was

to

given by

Commissioner by letter to the owner for the dedication of property Provencher we direct staff to do the appropriate the easement to the City and pay the unpaid taxes The motion carried unanimously on

years ago

the

17 DISCUSSION

Commissioner McGrew

Motion

plat

AND PROVIDE

DIRECTION

RELATED

seconded

TO

WELL NO

12 AND

A DIFFERENT LOCATION FOR AN ENGINEER WORKS CITY DIRECTOR

INVESTIGATE

DRILLING A NEW WELL IN

ESTIMATED

150 000 00

PUBLIC

Bob Smith review his of the item into the record Commissioner Mealy ensued and included the recommendation and options available to the Commission Discussion the timing of drilling the well the necessity of starting the easement process closing out read the title

revolving loan

and the

wording

of the motion

Richard Price needed clarification

regarding

Motion by Bob Smith responded of 000 150 direct the that we Commissioner Feind seconded by Commissioner Provencher City Manager to direct staff to abandon Well 12 and begin the search and the necessary steps to secure another what would be included

site with

well

in the cost

the easements

and that

we

finalize the

state

loan

The motion

carried

unanimously FOR APPROVAL ON AN UNCLASSIFIED LBTR FOR JEFFREY J FEUTZ Motion by Commissioner Provencher seconded by Commissioner Mealy reviewed the item Commissioner McGrew that we approve the unclassified Local Business Tax Receipt for Jeffery 18

REQUEST

The motion and the second

J Feutz

manufacturing

or

no

were

amended

to

include the recommendations

storage of materials The amended motion carried

no

unanimously

FOR APPROVAL OF AN UNCLASSIFIED LBTR FOR RITA M HICKEY Commissioner Mealy reviewed the application Ms Hickey would like to sell handcrafted lawn ornaments Ms Hickey was present Mr Small explained where the items are currently being 19

REQUEST

sold

at various farmers markets and would like to sell at the

Flagler Beach resident Zoee Forehand supported s request Phyllis Carmel was in support of Ms Hickey is

a

Flagler

Beach Farmers Market He

the addition to the Farmers Market Commissioner Feind was hesitant to

allow too much of this type item as the Farmers Market is getting further and further away from being a Farmers Market He did concede that as the applicant was a resident of Flagler Beach he would make the concession Motion

by

Commissioner

for

Page

5 of 8

Provencher

seconded

unclassified Local Business

approval carried unanimously an

The

meeting

Mealy agreed with Commissioner Feind by Commissioner McGrew that we give the The motion Tax Receipt for Rita M Hickey

Commissioner

moved

to

Item 21 12 06

UEST FROM 1 20

THE ECONOMIC DEVELOPMENT TASK FORCE TO CONSIDER

ALTERNATIVE LOCATIONS TO INSTALL SIGNS PROMOTING EVENTS PLANNING s behalf She ZONING DIRECTOR Caryn Miller made the presentation on Jan Hancock reviewed the discussion at the Economic

Development

Task Force Ms Miller indicated she did

The caveat is there must be they existing banner poles on their right of ways or new poles would have to be on private property FDOT also offered a suggestion for a more permanent sign Commissioner Provencher asked if the land by the Police Station could be used for signage Ted Johnson Vice Chairman of the contact DOT and

Task

will allow for banners

addressed the Commission

Force

across

AlA and 100

He indicated the Task Force had indicated

a

location

near the and City Hall bridge would be ideal because not all residents go by Veterans Pazk or Lea Stokes a member ofthe task force encouraged the Commission to move forwazd with the

signage She indicated if the City needs help financially to make this happen she would go out to the community for help Phyllis Carmel loved the idea of the banners across Al A and indicated she would assist in any way possible Commissioner McGrew suggested the signage at the either end of town on AlA where the City currently has signage She suggested a location neaz the bridge that has electric available and urged staff to reseazch the location Commissioner McGrew also suggested the location at the intersection of Moody and AlA and possibly putting a banner between the two palm trees Commissioner Provencher suggested a privately owned site Commissioner Feind was in favor of signage and pointed out the recent neaz John Anderson Movies In the Pazk attendance had dropped significantly since the signage was removed from Veterans Pazk Commissioner Mealy was also in favor of finding alternative locations Mayor Baker expressed concern about having too many signs Caryn Miller indicated she research LED lighting computer generated that would be appealing and also allow for more information regazding meetings emergency fire bans etc She had brought it forwazd in the past and would Motion by Commissioner McGrew seconded by be happy to update them of the cost Commissioner Feind that we direct the City Manager to direct staff to do the reseazch on the properties mentioned as possible locations for some type of signage for FDOT on FDOT right ways The motion carried unanimously The agenda of ways and private property right of moved

to Item 8

COMMISSION COMMENTS 21 COMMISSION COMMENTS Commissioner Feind requested an update on the Commercial Publix Site Plan Mr Murphy responded He inquired if the Commissioners were participating

4

July pazade City Clerk Apperson agreed to fill out the appropriate forms inquired about Florida League of Cities Clerk Apperson responded He commended Angela Apperson and Jerry McNitt and any other staff members that assisted in the City saving funds on the purchase of water meters Mayor Baker appealed to the Commissioners to donate the same amount funds to the DAV as was given to Miss Flagler County Motion by Commissioner Provencher seconded by Commissioner Feind that we donate 300 00 to the on next the to be at the DAV for their transportation of disabled Veterans put meeting The motion carried unanimously Commissioner Provencher complimented the Community Problem Solver Team from Flagler Palm Coast High School for their competition She inquired about the competition Attorney Cino reported Commissioner Provencher asked if they would be interested in doing a presentation for the Commission She requested an update on Seabull Bob Smith responded adding he will be in Tallahassee Friday to speak with FDEP and Seabull regazding the project Commissioner Mealy thanked Caryn Miller and Tom Gillin on the last in the

of

Commissioner Feind

Page 6 of 8

2008 12 06

Friday Event She reported on the Museum Meeting Commissioner Mealy thanked the Police Department for their vigilance on the boardwalk and the weekly reports She also thanked the staff for the water meter savings She informed the public the newspaper entitled the Radio will be published again She read a letter to the editor of the Flagler Times from a visitor from Falls Church Virginia thanking the lifeguards for rescuing him First

30 P M PUBLIC HEARINGS TO BEGIN NO EARLIER THAN 6 ORDINANCE 22

07 2008

AMENDING

MISCELLANEOUS PROVISIONS SECTION

CHAPTER

OFFENSES

14

AND

SECTION B TO AMEND THE SUB

5 14

VEHICLE USAGE CHARGE INCURRED FROM SPECIAL SERVICES PROVIDING FOR

INCLUSION IN THE CODE OF ORDINANCES PROVIDING FOR CONFLICT AND Cino

PROVIDING AN EFFECTIVE DATE SECOND AND FINAL READING

Attorney

read the title of the ordinance into the record The

No comments

public hearing opened Commissioner by McGrew seconded by public hearing Commissioner Provencher we adopt Ordinance 2008 07 amending Chapter 14 dealing with vehicle usage charges incurred in special services The motion carried unanimously after a roll were

received The

was

was

closed Motion

call vote FAMILY HOMES 23 ORDINANCE 2008 08 RELATING TO THE RENTAL OF SINGLE AS RESORT DWELLINGS RELATING TO THE RENTAL OF CONDOI 1IUMS AS RESORT

CONDOMINIUMS

PROVIDING

FOR

DEFINITIONS

PROVIDING

FOR

APPLICABILITY AMENDING APPENDIX A LAND DEVELOPMENT REGULATIONS ZONING SCHEDULE OF USES ADDING RESORT DWELLING AND RESORT CONDOMINIUM AS PRINCIPAL PERMITTED USES IN GENERAL COMMERCIAL TOURIST

AND

COMMERCIAL

CONTINUATION OF RESIDENTIAL

RESORT

AREAS

TC

ZONING

DWELLINGS

WHICH

AND

HAVE MADE

RESORT

GCS

ALLOWING

DISTRICTS

FOR IN

CONDOMINIUMS

APPLICATION TO

THE

STATE OF

FLORIDA OR LOCAL BUSINESS TAX RECEIPT WITH THE CITY OF FLAGLER BEACH AS OF DATE CERTAIN AMENDING CHAPTER 18 ARTICLE II BUSINESS TAX PROVIDING FOR A FLAGLER BEACH LOCAL BUSINESS TAX RECEIPT FOR RESORT DWELLINGS AND RESORT CONDOI IINIUMS ESTABLISHING RESORT DWELLING AND

RESORT

CONDOMINIUM

REQUIREMENTS

PROVIDING FOR

REOUIlZING

LOCAL REPRESENTATION FOR A LOCAL BUSINESS TAX RECEIPT APPLICATION FOR RESORT DWELLINGS AND RESORT CONDOMINIUMS REQUIRING THE FILING NIMUM Z OF A RESORT DWELLING AND RESORT CONDOMINIUM COMPLIANCE I APPLICABLE CERTAIN

STANDARDS

HOUSING

ENFORCEMENT

BUSINESS

AND

TAX

ORDINANCES

FORM ACKNOWLEDGING RECEIPT

AND

DEVELOPMENT

PENALTIES

RECEIPT

PROVIDING

PROVIDING FOR

PROVIDING FOR

STANDARDS

FOR

DENIAL OF

INCLUSION

SEVERABILITY

agenda

at the

request

of Attorney

THE

IN

THE

PROVIDING

FOR

PROVIDING AN EFFECTIVE DATE HEREOF FIRST READING from the

OF NOTICE

PROVIDING

This item

OF FOR

LOCAL

CODE

OF

CONFLICT was

removed

Bayer

STAFF REPORTS

24 STAFF REPORTS

voting Page

member of the

7 of 8

Bob Smith informed the Commission the cost for the

Coquina

Coast Desalination

Project

would be

City to

00 117 18

to

be

be

a

full

an ex

2008 12 06

officio member

000 10

Commissioner

Mealy requested this

be

placed

on

the next

agenda

for

discussion

25 ADJOURNMENT

Provencher

J

ea

to

adjourn

by Commissioner Feind seconded by Commissioner meeting at m 45p The motion carried unanimously 8

Motion the

y Chairman

Angela M Apperson City Clerk

Page

8 of 8

2008 12 06