Regular 07102008

GULAR MEETING OF THE FLAC RF LER BEACH CITY COMMISSFON JULY 10 2008 AT 30 P 5 D iJNTIL I M AND TO BE CONTINUF RMS ARE COMPLETE

PRESF NT Chairman John Feind Mayor Alice M Baker Chairman Jane Mealy Vice Commissioners Joy McGrew Linda Provencher Ron Vath City Attorney Charles Cino Interim City Manager Bernie Murphy Planning 8c Zoning Director Jan Hancock Public Works City Engineer Bob Sniith Interim Finance Director Kathleen Doyle Community Director Redevelopment Director Caryn Miller Assistant to the City Manager Libby Kania and City Clerk Angela Apperson 1

CALL THE MEETING TO ORDER

Chairman

m p

Mealy

called the

meeting

to

order

at

35 5

2 PLEDGE OP ALLEGIANCE FOLLOWED BY A MOMENT OF SILENCE TO RECOGNIZE THE MEMBERS OF THE ARMED FORCES Commissioner Provencher led the pledge to the flag followed by a moment of silence 3

LIONS AND AWARDS YROCLAMA

4

DELETIONS AND CIIANGES TO I IF AGP NDA

agenda

Item 13

was

removed from the

5 COMMENTS REGARDING ITEMS NOT ON THE AGENDA CITIZENS ARE DTO SPEAK FNCOLJRAGF HOWEVER COMMENTS SHOULD BE LIMITED TO TIIREE MINUTES J NeJame requested the City notify Flagler County of a derelict boat on their property Ed Kuhnlcin thanked the Commission for his appointment to the Code Enforcement Board He requested a letter be sent to the Governor requesting the Driver Liccnsc Of13ce remain in the City Coralee Leon handed out an editorial from the July 7 newspaper short terns rentals and possible unintended consequences Bob Chase asked why the regarding DAV was not able to use the park for their fundraising efforts over the 4 of July to which Commissioner Feind explained the air rights issues CONSENT AGENDA APPROVE fI IE MINUTES FOR THE REGULAR MEETING OF JUNE 26 2008 Motion Commissioner McGrew seconded by Commissioner Provencher to approve minutes from by the Regular Meeting of June 26 x fhe motion carried unaninio usly 6

ALBUSINESS GENEIZ 7 A CONSIDER PROVENCHER

AND

DISCUSS

THE

ANIMAL

ORDINANCE

COMMIS SIONER

B APPROVE THE 2009 ANIMAL 2008 fROL AGREEM EN CON f WITH FLAGLER COUNTY The items were discussed together Commissioner Provencher asked

Donna Howard the background of the Humane Society ordinance Ms Howard explained the ordinance was given to the City as a model or for the City to incorporate as they saw fit when Commissioner Yrovenchcr requested clari tication and a possible drafting asa tonew ordinance times animal control is called and a question of whether a stipulation the number of change of 5 07 O 2008 Page

should be put in the contract or the ordinance regarding the responsibility of placing a dangerous animal in confinement at the Humane Society after hours Ms Howard requested the City communicate

to

the Police

to

Department

call the animal control officer before the Police

Department picks up the animal She suggested should the residents of the City have a problem with a dangerous animal to call the Sheriff s Department and they will dispatch them out

Wording in

the ordinance

dangerous dog was also Carolyn Marlow thanked everyone for their cooperation Coralee Leon need clarification regarding the situation with the Marlow s dog Nanci Scarci asked for training of the police officer The following changes will be made to the contract monthly reports be sent to the City reports of any attacks be received by the next business day the reference to 8 hours a day be changed to normal business hours after hours response guidelines be provided to the Flagler Beach Police Department and to delete the reference to Flagler County as to not exclude the residents of the City residing in Volusia County Motion by Commissioner Feind seconded by Commissioner Provencher we approve the contract with the Humane Society as amended and authorize the necessary signatures The motion carried unanimously Commissioner Provencher suggested putting tougher restrictions in the ordinance as well as some wording reflecting the need for the owners of dangerous dogs to have insurance It was the consensus of was

discussed

at

The declaration of

length

a

discussed

the Commission that Commissioner Provencher work with revise the ordinance and if any person Commissioner Provencher

8

CONSIDER A REQUEST

wants

WAIVE

TO

SABOE

Commissioner

Mealy

situation with the Commission date has

not

received it

strongly

the

request

three

to

by

delinquent

She

Cino and Mrs Kania

AND

should

they

INTEREST

ON

THREE

BY RUSS

OCEANSIDE REPRESENTED

requested support

Jan Hancock reviewed

documentation from the

to

contact

applicant

the

and

to

Ms Hancock

suggested denial of the request Mayor Baker felt should be denied Commissioner Feind needed clarification on the Ms Hancock indicated there

retrieve back up documentation for this item Commissioner McGrew we deny the request to

Local Business Tax

Hancock noted the staff will

9

Attorney

the ordinance

read the item into the record

communication between staff and Remax several attempts Feind seconded

to

PENALTIES

REMAX

LOCAL BUSINESS TAX RECEIPTS

add

to

up follow

Receipts and

The motion

proceed

to

notices as well as Motion by Commissioner waive the penalties for the

carried

code board if

not

were

unanimously

Ms Jan

compliant

CONSIDER A REQUEST FOR FUNDING IN THE AMOUNT OF 00 000 SOCIETY 1

OF

DE

SAINT VINCENT

PAUL REPRESENTED

BY

ALLEN

PAWLOWSKI

Mr

Pawlowski

explained the request Discussion about the cause and how so many families are in need took place Mr Pawlowski suggested if any one would like to make a donation to go to the store on

400 S

Daytona

Avenue

of Saint Vincent de Paul need

Caryn

Miller

Mr Pawlowski

putting

a

send

Robert Chase

reported

to set up a

specific

or

the

table

line item in the

Society on

to

the

suggested

Beach P O Box 1328 in

the

City forgive

a water

care

of

Society

bill for families in

of St Vincent de Paul is within the CRA and advised

the first

budget

Flagler

Friday

No action

event

was

Richard Price

was

not

in favor of

taken

10 CONSIDER A REQUEST FOR AN UNCLASSIFIED HOME

LOCAL BUSINESS TAX

RECEIPT AT 745 LAMBERT AVENUE WALKER CONCEPTS LLC REPRESENTED BY NORMAN WALKER Mr Walker explained the nature of his request Jan Hancock Planning

Zoning Director recommended approval Motion by Commissioner Vath seconded by Commissioner Feind to approve the request for approval of an unclassified home local business and

Page

2 of 5

2008 10 07

tax

receipt

for

Walker

Concepts

located

745

at

Lambert

The

Avenue

carried

motion

unanimously REQUEST FOR AN UNCLASSIFIED HOME LOCAL BUSINESS

11 CONSIDER A AT

RECEIPT

1427

S

DAYTONA

NO

WITH

AVENUE

IN

RAISE

TAX

GARBAGE

COLLECTION FEES BON BONIT LLC REPRESENTED BY BON BONIT Ms Bonit of her request Commissioner Provencher informed the applicant that all home local business tax receipts have an increase in their garbage collection fees She asked the

explained

the

applicant

if she

willing

to

nature

do

so

Business Tax

willing

to

remove

Commissioner

by

seconded

that consideration from her request Ms Bonit was Motion by Commissioner McGrew Jan Hancock recommended approval

was

Receipt

Provencher 1427 S Daytona

for

the request for an unclassified Home The motion carried unanimously

we

approve

12 PROVIDE DIRECTION RELATED TO THE INSURANCE POLICIES FOR THE CITY ASSISTANT TO THE CITY MANAGER Ms Kania noted Brown and Brown has offered the

City

a

cancel rebate

incentive

special current

well

as

policies

as

sign

a cancel rewrite with them She

and rewrite them in the

locking

rates now

at a

reduced

carrying

them

The

rate

through

explained this would mean to 000 City would receive a 7

09 She reviewed the items 1 10

policy is for property only A question and answer Frank Finati asked if the rewrite would extend the life of the contract Ms

that would and would

period

to

followed

be included

not

This

09 He 1 Kania indicated the contract would be valid from 7 2008 through 10 1 went out

City

Brown is

for

competitive 2009

through

bid

there

so

Ms Kania

Commissioner

explained

need

was no

to

do

the

Motion

so

by

if the

inquired

with Brown and

current contract

Commissioner

Feind

seconded by McGrew accept the offer of Brown and Brown to perform cancel and rewrite and authorize the necessary signatures The motion carried unanimously we

a

09 TENTATIVE GENERAL FUND MILEAGE 13 ESTABLISHMENT OF FISCAL YEAR 08 RATE

FOR

THE

420 DR

DIRECTOR This item

14 RESOLUTION FY

was

CERTIFICATION

removed from the

OF

TAXABLE

VALUE

FINANCE

agenda

58WHICH ADOPTED 42 AMENDING RESOLUTION 2007 2008

08 BUDGET 07

TO

REFLECT

A

BUDGET AMENDMENT

PROVIDE

TO

THE FOR

INCREASE TO FUNDS FOR SRF LOAN PAYMENT PROVIDING FOR CONFLICT AND PROVIDING AN EFFECTIVE DATE record

Interim Finance

Attorney Cino read Doyle explained

Kathleen

Director

the title of the resolution into the the

reason

for the resolution

Mr

oversight but reminded the Commission the City has been in contact with the SRF staff and hope to close out the loan in three months It will decrease the payments for next year Motion by Commissioner McGrew seconded by Commissioner Feind that we 42 The motion carried unanimously after a roll call vote adopt Resolution 2008 Murphy thought

it

was an

COMMISSION COMMENTS

15 COMMISSION COMMENTS s actions Garrison

to return a

cell

Mayor

phone

Baker read

She

Water Treatment

continue

Page

moving

3 of 5

urged

Plant spoke forward

for it

to

be cleaned

of the illness of the

He express

letter from Janet Wilson

complimented

of July Celebration for their work to make the festival Central and SR 100 and

a

concern

praising

Bruce

everyone who had a part in the Mayor Baker noted a spill

a success

Commissioner Vath noted

job superintendent regarding the delays

and

a

urged

trip to for the

Bob Smith

the

4cn at S

new

project explained the

to

2008 10 07

issues with Well 12 and Well 13 and the the sand

delay

Mr Smith

with FPL Commissioner Vath the Sand Fence

requested an as they

reported requested an update related to the city s request to the state to the land fee Cino he had not received any communication change submerged Attorney reported the some time Commissioner Vath asked Attorney Cino to draft a regarding subject in quite

update

on

fencing

was

not as

effective

would like Commissioner Vath

letter

Representative Proctor Commissioner Vath informed the Commission he would like to investigate the probability of the City having our own building official He would bring this topic up at the budget workshop Commissioner Vath noted an error on the last green sheets Follow Up and requested the items no longer be posted to the Internet Summary of Action as they are not the official minutes and do not receive Commission review prior to posting Discussion ensued and it was decided to place the words UNOFFICIAL RESULTS FOR STAFF USE in the header of the document Commissioner Provencher requested an update on the presentation of the ordinance for golf carts Attorney Cino indicated he awaits reply from to

FDOT related

Department

the

crossing

at

their fine work

SR 100 and

during

the

of venue She felt it all worked

Flagler

4t

Commissioner McGrew felt the

next year

change

to

on

Avenue She commended the Sanitation

of July and

suggested they might need some help 4 of July was a wonderful event and really enjoy the

really

well and noted

a memo

from the Police

Department on the event Commissioner Feind commended the Chamber the Police Department the Fire Department and Lifeguards for the good job on the 4 of July He spoke to some ofthe attendees and they enjoyed having the vendors on Central Commissioner Mealy on her attendance at the Enterprise Flagler Meeting She indicated the Airport Task reported Force has completed their report Commissioner Mealy reported on the meeting with the local businesses She reported on her attendance at the Flagler County Commission Meeting where the

expansion of Roberts

comments

phone

as

program

in New

Road

Commissioner

well

was

discussed She thanked Jan Hancock for her attendance and

Mealy also

thanked Mr Garrison for his efforts

to return

the cell

noted several letters and newspaper articles commending the Jr Lifeguard She congratulated Officer Burns for finishing in the top 10 at a motorcycle challenge as

Smyrna

Beach

STAFF REPORTS 16 STAFF REPORTS Golf Carts the

Attorney

Cino

He noted the Bachman

negotiations

with the

new

reported on his conversations with FDOT related to the hearing has been rescheduled Attorney Cino inquired about

attorney and noted the need for

a

transition

plan He also suggested Kania presented a bumper

that traffic be re routed off of SR A 1 A

during the fireworks Mrs County depicts the state law requiring a minimum of three feet between vehicles that are passing bicyclists These stickers will be placed on City vehicles to help raise awareness of the legislation Mr Smith reported the no passing zone study the City requested from FDOT indicates no need for any changes He also reported on a study regarding the Pier and recommendations for repairs He informed the Commission of a 12 00 cost 000 on the Water Treatment Plant Part B and indicated the cost to abandon well 12 is savings Project 00 however the money is available from the prior 38 000 13 00 allocated for well 12 000 He indicated he had started with Grand testing negotiations Landings to obtain a new easement for a new well site City Clerk Apperson informed the Commission she will be in and out of the sticker from the Volusia

office

over

the

next

MPO which

several weeks and the Clerk s Office Staff has her

Miller commended

Planning

obtain

from CVS for

an

easement

negotiations Page

4 of 5

and

Zoning a

sign

to

Director Jan Hancock inform the

with the Publix property for the

same

information Ms

the work she has done

of ongoing

public Murphy

Mr

on

contact

events

noted the

and the

expedient

to

ongoing

work done

2008 10 07

by Caryn

Miller

to

complete

a

grant

application

in less than 1

week

relation to the 800 MHZ radio system funding that was approve Baker also praised Ms Miller s work on this project 17 ADJOURNMENT

McGrew

to

adjourn the

Motion

by

meeting

at

Commissioner

Provencher

by

which needed

Federal

seconded

26 p 7 m The motion carried

by

to

be filed in

appropriation Mayor

Commissioner

unanimously

l J

ealy

Angela

M

Page

5 of 5

Chairman

Apperson City

Clerk

2008 10 07