Regular 07242008

REGt1LAR MEETING OF THF FLAGLER BEACII CITY COMMISSION JULY 24 2008 AT 30 P 5 fINUED UNTIL ITEMS ARE COMPLETE M AND TO BE CON

Chairman John Feind Mayor Alice M Baker Chairman lane Mealy Vice Ron Charles Cino Interim City Manager Commissioners Joy McGrew Vath City Attorney Bernie Murphy Planning Zoning Director Jan Hancock Interim Finance Director Kathleen Doyle Community Redevelopment Director Caryn Miller and City Clerk Angela Apperson PRESENT

Commissioner Linda Provencher

ABSENT

CALL THE MEETING TU ORDER

1

Chairman

meeting

called the

Mealy

order

to

30 5

at

m p

PLEDGE

2

OF

ALLEGIANCE

BY

FOLLOWED

A

MOMENT

IfE ARMED FORCES RECOGNIZE THE MEMBERS OF I

followed

t7ag

3

ANIATIONS AND AWARDS PRUCI

by

APPRECIATION TO RUDY ANDRI

CERTIFICATE OF

A

THE

Mayor

PAST THREE YF ARS

Baker led the

TO

pledge

to

ofsilence

the

a moment

SILENCE

OF

Mayor

Baker

presented

a

RECOGNITION

IN

certificate of

appreciation

to

OF

Rudy

Andre DECLARING

PROCLAMATION

B

NIGHT OUT

Mayor

TUESDAY

AUGUST

5 2008 AS

Baker read the Proclamation into the record and

NATIONAL

presented

it

to

Deputy

Kevin Berne 4 to

DELETIONS AND CHANGES TO THE AGENDA No deletions and the

changes

were

made

agenda

5

Mr Bill Beckman

THREE MINUTES

ensued it

was

presented

noted Mr Beckman would

meet

thanked the Commission and staff for the derelict watercraft drafted

Attorney

consideration

Mr

to a

letter related

Cino

quick inquired if the definition responded the topic is on the

Sklar made

a

statement

request for

more

to

his

water

bill

discussion

with the manager on this issue J NeJame response related to his request to remove a

Howard Sklar

documentation from the Planning Director related

a

to

the

Bob Chase

for live aboards if next

Planning

Commission

disagreed

with

related a

permitted was agenda for

Board to

a

request for

recent newspaper

article

lifeguards AGENDA l CONSEN

6

APPROVE THE MINUTES FOR TFIE REGULAR MEETING OF JULY 10 2008

SAME

Page

1 of 7

2008 24 07

8

AMENDMENT

APPROVE

1

THE

TO

COQUINA

MEMORANDUM

COAST

OF

AGREEMENT

9

LETTER

TO

CHANGING

THE

A

APPROVE

PROTECTION

FLORIDA

DEPARTMENT

PROJECT NAME ON

OF

THE

ENVIRONMENTAL CONTRACT

EXISTING

FROM BRI LOW PROFILE GROIN STUDY TO SEABULL MARINE INC SHOREGUARD

10 APPROVE

THE

OF

NOMINATION

ANGELA

FOR THE

APPERSON

FLORIDA

LEAGUE OF CITIES 2008 FLORIDA CITIES OF EXCELLENCE AWARDS PROGRAM AS CITY CLERK OF THE YEAR 2 FOR THE MIRROR LAKE STORMWATER

11 APPROVE CHANGE ORDER 1 AND

PROJECT

12 APPROVE

AN

HOME

UNCLASSIFIED

SUNSHINE MARY S PET

COLTER

BUSINESS

SHACK

LLC 213

TAX S

FOR

RECEIPT

26TH

MARY

STREET FLAGLER

BEACH 13 APPROVE

AN

UNCLASSIFIED

HOME

BURTON PC N MORE CLEANING 320 N

Motion consent

3RD

BUSINESS

TAX

FOR

RECEIPT

RENA

STREET UNIT 6 FLAGLER BEACH that

by Commissioner McGrew seconded by Commissioner Feind to Item agenda The motion carried unanimously The agenda moved

we

approve the

15

GENERAL BUSINESS WOODROFFE RELATED TO TASK TWO OF THE 00 P M Mr Murphy outlined the tasks the SPATIAL NEEDS ANALYSIS TIME CERTAIN 6 second task City approved for Mr Woodruffe The first task was the spatial needs study the Mr Woodruffe briefly reviewed the prior site selection and site was for 14 PRESENTATION FROM HENRY

design possible He noted functional issues which came out of meetings with staff for needs spatial presentation meeting space functional relationship centralized record space technology improved services community space coastal zoning generator consideration and an energy efficient building He reviewed the potential sites where City Hall sits now he reviewed the possible design of the if this was the best site for City building and noted possible parking problems He questioned Hall in the future He also looked at the corner of Flagler Avenue and State Road 100 He recommended three lots which would require involving the County The last site is the Moody Wickline Cultural Center He noted some restrictions with this particular site as Federal dollars Commissioner Vath thanked Mr Woodruffe for his presentation Commissioner are involved Vath asked that before the City moves forward he would like to project into the future how many would be housed in this facility and make a spreadsheet how years it would take before the City etc much indebtness we would have how much per citizen in interest and capital costs Commissioner Vath indicated in necessary

Mr

Murphy

increase the property infrastructure

receiving Page

tax

to

educate the

constituents a

this information would be

financial

proposal

that would

He informed the Commission of the current balance in the

Those funds

other funds from the

2 of 7

effort

indicated he would work toward

tax

money

an

are

purchase

restricted

of two

to

parking

not

s City

this type of project and the City may be lots If the City does not use the current 2008 24 07

this site where

site

Hall

City

now

sits

could also

bring in community

some

The unknown issue is

funding

center and the museum Mr Murphy would get grant funding for the He indicated he would get the information together for the spoke of doing the project in phases Commission but made it clear that some of the information presented will be speculative

how and if

we

Commissioner Vath asked for the Richard Price

presenting hand and build

being

not

Mr

Murphy

entities

separate

able

raises

made it clear the

He stressed

to come

community

give

together

case

odds with the

at

was

to

worse

the

on

building

best

He felt

this

strongly

and the infrastructure

place

for

a

was

Hall

City

not a

good

on one

time

to

tax money were two very

would be for the residents

comfortable

scenario when

case

City contemplating building

the other

budget

not as a

scenario and the

employees

to

for the

place

a

as

do their

jobs

Mr

Murphy reviewed the sources of funding for City Hall as coming from restricted funds grants and a possible sale of property Dave Robell felt strongly not to build on the current site and felt the site on 100 and Flagler Teri Pruden felt it might improve morale for the employees to work in a different environment She asked what Task 3 involves Commissioner Mealy explained it J Nejame felt if the would be for the design of the building if we should choose a site tax dollars to the City to on current it would in build the Commission chooses not site only bring and offset the be

Flagler

cost

of a new

and 100 and

so

City

Hall Commissioner Feind felt the

much is

dependent

on

the

funding

only

site

to

consider would

available He informed the citizens

not use the general fund the City will not go into the general fund If the City does raise the taxes Commissioner McGrew felt the current building has served its purpose and the site on Flagler and Moody would enhance the entrance to the City She also felt a community

the

taxes

center

would be

a

nice addition

at some

point Many organizations

would like

to

have

a

facility

the report from Mr available to them in the City Mayor Baker felt she would like seen in Murphy before proceeding Commissioner Mealy pointed to several examples she has to

City

see

recently indicating a need for a new environment water leakage during of meeting space the need for the Finance Director to be in a more private

Hall

the lack

a

heavy rain

environment

next task without the financial lengthy discussion regarding going ahead with the Miller reported the representative report and the protocol for including the community Caryn he had news from Marlow had contacted her and indicated good regarding grants Motion by

There

was a

by Commissioner Feind to ask the Commission to approve the site for the anticipated municipal building to be the corner of 100 and Flagler Avenue and task staff with coming up with a financial spread sheet of what the overall financial picture might be for the City in constructing of both of the suggested buildings that might be placed on that Commissioner Vath seconded

property

Cora Lee Leon

suggested to the project

strongly to go ahead with Mealy voting Nye The meeting The

agenda

was

continued with Item 14

go ahead with the

design

The motion carried three

Commissioner to

one

felt

with Commissioner

reconvened

recessed 8 02 m p The meeting Mr Woodruffe reviewed the reason

Mealy

why

the land

at

the

16 p 8 m

City might

Consensus

was property suggested talking to the county on acquiring reached to have the City Manager move the negotiations along to acquire the property from easier for a true Flagler County Once those answers have been made it would become much costs involved with site engineering concept to be completed He also said there might be some concern with negotiating for the property and doing the analysis Commissioner Vath expressed to get the property from the engineering analysis simultaneously He felt if we were not going Ms Hancock County Commission the City would have wasted money on the engineering Mr Mr Coffey and Mr Murphy Planning and Zoning Director reviewed her meeting with Hadeed regarding the parcel She expressed concern if the City waits to do the site analysis and to us the County releases the lots to the City and then the City finds the land not to be of value Commissioner She felt it was just proper due diligence to know what you are acquiring

need

more

Page

3 of 7

He

2008 24 07

McGrew

quickly and

in favor of

was

possible

as

once

the

Mr Woodruffe

cons

both at the

doing

has the

City

was

asked

000 approximately 10 Woodroffe delineated by Mr

ratified

at

the

on

time in order for the Discussion

answers

estimate the

to

Consensus

would be as

same

both

was

reached in

properties

went

to move

ahead

as

back and forth

of the site

cost

City

on the pros He indicated it

analysis

perform the necessary engineering sum not exceed 10 000 and to be

to

a

meeting

next

15 THE NEED FOR AND USE OF DEDICATED FUNDING FOR THE FLAGLER COUNTY PUBLIC LIBRARIES REQUESTED BY THE BOCC AND THE BOARD OF TRUSTEES OF THE FLAGLER COUNTY PUBLIC LIBRARY TO BE DECIDED BY THE AUGUST 26Tx PRIMARY ELECTION MARY ANN CLARK Commissioner Mealy read the item into the record

Ms Clark

not

was

asking for support t in support of the wasn

No action

16

city

residents

was

more

taken

on

this item

Richard Price asked if the

important

County Library library He support the referendum passes Mayor

to

have

a

was

local

in agreement with the

discussion without

item is rescheduled for the

The

our

Commissioner Vath unfair

was

to

if

to pay

being obligated

Commissioner McGrew felt it

Mayor

meeting

in favor of the referendum

not

was

the

at

He felt it would be

was

Baker

present

next

a

CASSADY

RESOLUTION 2008 43 APPOINTING THE FIRM SHEPARD SMITH

a

P A

AS

ATTORNEY

CITY

THE

FOR

OF

CITY

presentation

meeting

BEACH

FLAGLER

FLORIDA

PROVIDING FOR CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE Attorney Cino discussing Item 16b first and moving onto the resolution after the dates for

suggested

transition have been set the record

The

The resolution

agenda

was

moved

amended

to

Iteml6b

Attorney

Cino read the resolution into

reflect the effective date

to

being September 2

2008

Motion by Commission Feind seconded by Commissioner McGrew we approve Resolution 08 The motion carried unanimously after a 2 43 as amended with the effective date of 9 2008 roll call b

vote

The agenda moved

ESTABLISH

to Item 20

TRANSITION

A

Attorneys

s transition Cino and Smith

expressed

some concern

name

the

the

City

contacts

thanked

from the

Attorney

period

City

limiting his contact is permitted to speak to

to

Attorney

Cino

Cino for his time with the

are

Smith

will be the month of

about

contacts he

Drew

SCHEDULE

Mr

with the It

was

City

the

Murphy

introduced

August

himself

Attorney

Cino

He asked the Commission to

consensus

of the Commission for

and Chairman Mealy Richard Price

City

45 WHICH ADOPTED AN 44 AMENDING RESOLUTION 2005 17 RESOLUTION 2008 AND FOR THE PERFORMANCE EVALUATION ADMINISTRATIVE POLICY PERFORMANCE ELECTRONIC

PAY

electronic

roll call

ALLOW

FOR THE

USE OF

AN

APPRAISAL FORM PROVIDING FOR CONFLICT Attorney Cino read the title of the Resolution into the record

performance

Commissioner Vath that a

TO

AND PROVIDING

FOR AN EFFECTIVE DATE Commissioner Mealy review the the

SYSTEM

INCREASE

we

reason

for the resolution Commissioner Vath

evaluation

adopt

Motion

by

spoke

Commissioner McGrew

in favor of

seconded

by

unanimously

after

58 WHICH ADOPTED 2007

THE

Resolution 2008 44 The motion carried

vote

18 RESOLUTION 2008 45 AMENDING RESOLUTION

TO REFLECT A BUDGET AMENDMENT TO PROVIDE FUNDS NEEDED FOR ADDITIONAL SANITATION DEPARTMENT TOTES AND DIESEL FUEL COSTS PROVIDING FOR CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE FY 07 08 BUDGET

Page 4

of 7

2008 24 07

Commissioner

Cino read the title of the resolution into the record

Attorney

totes were

the

cost

rising

Motion

economy

Mealy explained

need to support a recent ordinance passed by the Commission and to cover of diesel fuel Commissioner Vath felt this resolution was direct reflect of our

additional

Commissioner

by

Vath seconded by Commissioner McGrew unanimously after a roll call vote

to

accept

Resolution 45 2008 The motion carried

19 ESTABLISHMENT OF FISCAL YEAR 08 09 TENTATIVE GENERAL FUND MILEAGE RATE FOR THE DR 420 CERTIFICATION OF TAXABLE VALUE

Murphy explained

Mr

part of the trim process the City needs to at this juncture in the budget year submit a millage that will be attach to information going to all of the tax payers He reviewed the legislation that as

affected the county and the municipalities this year Mr Murphy recommended the City adopt a 0198 He continued to explain the rate is under the roll back rate and is under millage rate of 3

millage

the maximum

million reduction in

rate He

evaluation The

our

into account inflation the last year power noted the advalorum

reported

Mr

more

impact

in and of itself

anticipated

is about the

rate

the

was

amendment over 315 000

reviewed several items that have

Murphy

and

fuel

City experienced 118

because of the

same as

reduction in State

significantly

taking

increased in

Commissioner Vath

revenues

last year He asked if the

not

City

could exceed that

number Murphy explained the calculations and said no not without a super majority vote He noted all services will be maintained at the current level and all employees are retained He Mr

noted there is who

are

salaries

no

under contract

all

at

as

it

the Commission if work

on

increase in the

salary

the

Commissioner Vath

might they

budget

mean a

was

City

to

were

indicated the

2 raises

give

millage

staff

giving

a

increase

over

in the

regarding

employees

Kathleen a

raises

millage

Doyle

to

rate

would be raised if the

Interim Finance

tenth from what

help fund the raises employees this year

was

Director

recommended

City of Palm Coast He suggested donating the Commissioner McGrew expressed

being given by the County and acknowledge a job well done

to

He asked the rest of

the raises and noted the cost of living is

are

2 raise would

regarding giving

employees

Commissioner Feind thanked staff for their

rate would be raised about a half of

Commissioners increase in order hesitation

employees excluding the police department expressed concern regarding not increasing the

from staff the amount the

the

to

Commissioner Feind noted raises felt

an

also concerned

requested

5 Commissioner Feind

for

great deal of turn

would consider

He

budget

the

the

He

She felt the

employees

should feel

knowing they have a job and no positions will be lost this year Commissioner Mealy suggested raising the millage rate at this meeting in order to give some flexibility when the Commission has the budget hearings Richard Price needed clarification regarding the current 672 Mr Price was millage rate and the increase He was informed the current millage rate is 2 in agreement with Commissioner McGrew J Nejame was in agreement with Commissioner McGrew He suggested the City take advantage of the discount cards provided by the Chamber Kim Carney asked if a City employee left could they keep the position vacant Mr Murphy explained how thinly staffed the City is and spoke of two full time positions that were replaced to be mindful of by part time positions Bob Chase suggested when in the hearing process raising the millage rate Motion by Commissioner Feind seconded by Commissioner Vath that secure

we

set

in

the

Millage

Rate

at

3 0 739 for both

Flagler

Volusia

The motion carried three

to one

the Budget Workshop voting Nye Consensus was reached d 2 1St 7 2008 Budget Workshop on August 27 Hearing Budget Workshop August d Budget hearing 2008 if needed the 1St Budget Hearing September 15 2008 and the 2 to set

with Commissioner McGrew dates

September 25

as

2008 The

agenda

moved

to Item 14

COMMISSION COMMENTS

Page

5 of 7

2008 24 07

Commissioner Vath

20 COMMISSION COMMENTS Worker

Issues

Safety

He

inquired

Commissioner Vath

garbage

was

about

reported

disabled resident

a

informed Sanitation is

on

legislation regarding

needing help putting

aware

out their

and will assist the resident

as

do other disabled residents Commissioner Vath needed clarification regarding the garbage ordinance and the commercial restrictions He was informed the weight of the garbage from three cans the commercial property will need to cans tends to be heavier so

they

beyond

commercial

of the sanitation workers Commissioner Vath inquired if the Disaster Preparedness Handbooks were available at the City He was informed they are at City will be putting an item on Hall the Library and the Fire Station He let the Commission know he d Street Commissioner Mealy reported on an regarding the property on S 23 invest in

tipper

for the

cans

safety

upcoming agenda

a Flagler County League of Cities Meeting Mr Coffey made presentation is in next and noted the 80 s budget She year 000 the County budgets for the lifeguards on Roberts Road attended Enterprise Flagler Meeting and reported work has started Florida resolutions for the League of Cities Commissioner Mealy inquired about the proposed The resolutions will appear on the next agenda

her attendance

at

the

PUBLIC HEARING

09 2008

21 ORDINANCE

ARTICLE

REGULATIONS

TO

STANDARDS

ADD

AMENDING V

APPENDIX

DEVELOPMENT

SECTION

A

LAND

DEVELOPMENT

AND

IMPROVEMENT

DESIGN

AREA

REDEVELOPMENT

06 5

MINIMUM

PROVIDING FOR INCLUSION INTO THE CODE OF ORDINANCES PROVIDING FOR CONFLICT AND PROVIDING AND EFFECTIVE DATE SECOND AND Motion by Cino read the title of the ordinance into the record FINAL READING

STANDARDS

Attorney

Commissioner McGrew seconded by Commissioner motion carried unanimously after a roll call vote 10 2008

22 ORDINANCE

Vath

APPENDIX

AMENDING

we

adopt

A

09 The Ordinance 2008

LAND

DEVELOPMENT

REGULATIONS SECTION 5 03 41 IRRIGATION METERS SUBSECTION A REQUEST GOVERNMENTAL PURPOSES EXEMPT INSTALLATION TO FOR METER PROVIDING FOR ORDINANCES CODE OF FOR INCLUSION IN THE PROVIDING

CONFLICT AND PROVIDING AN EFFECTIVE DATE FIRST READING Attorney Cino read the title of the ordinance into the record Motion by Commissioner Vath seconded by Ordinance 2008 10 The motion carried unanimously after a roll to Commissioner

Feind

call

adopt

vote

STAFF REPORTS

23 STAFF REPORTS

Attorney Cino

inquired

if the draft ordinance

the

next

agenda emergency management situations would be Chief Roberts working on it as well and to coordinate with him Commission the Black hearing is scheduled for this month on

foreclosure where the State

City City and

regarding

the

City

has liens

golf cart crossing

regarding

debris from

indicated he had

Murphy Attorney Cino

Mr

The

case

has

informed the to

do with

a

He reviewed a letter he received from the if the City were go ahead with this the

the property signs and suggested

on

incorporate it into the Hall design Attorney Cino reported on the Florida League of Cities Attorney Conference mail from the he will be forwarding along reading material City Clerk Apperson read an e

Page

may want to

6 of 7

consider the

golf carts being

able

to cross

the

bridge

and

2008 24 07

Save

Flagler Blog editor regarding requirement of Florida Statute She

the way the minutes are prepared asked the Commission for direction

needed in the minutes for the Commission

It

was

the

consensus

She reviewed the

regarding

the detail

of the Commission the

minutes

fine and additional information is available four ways three of which are free prepared Miller s daughter was in a car crash about two weeks ago She Caryn reported Bobby Webb are

as

asked for

approval

for

to

take up

forward

Caryn speak to a representative to go

a

collection for

to set at

up RBC to

24 ADJOURNMENT Motion to

adjourn

J

the

Mealy

meeting

a

Bobby

to cover

fund with the bank

his expenses It

Commissioner

was

Mealy

the

consensus

volunteered

to

set up an account

by Commissioner Feind seconded by unanimously

Commissioner

McGrew

at 3 9 1 m p The motion carried

Chairma

Gh

Angela

Page

M

7 of 7

Appers

City Clerk

2008 24 07