Regular 08072008

REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION AUGUST 7 2008 AT 5 30 P M AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE

PRESENT

Chairman John Feind Mayor Alice M Baker Chairman Jane Mealy Vice Linda Provencher Vath McGrew Ron Ioy City Attorney Charles Cino Interim City Manager Bernie Murphy Public Works Director City Engineer Bob Smith and Deputy City Clerk Penny Overstreet Commissioners

1

CALL THE MEETING TO ORDER

Chairman

Mealy

called the

meeting

at

30 5

SILENCE

TO

to

order

m p

2

PLEDGE

OF

ALLEGIANCE

BY

FOLLOWED

A

MOMENT

E THE MEMBERS OF THE ARMED FORCES RECOGNI7 the

followed

Flag

3

PROCLAMATIONS AND AWARDS No

4

DELETIONS AND CHANGES TO THE AGENDA There

the

agenda

5

COMMENTS

ENCOURAGED

by

a

REGARDING

THREE MINUTES response to a

Murphy

problem

indicated

attendance at the

expressed

concern

SPEAK

Phyllis in her

there

was

ITEMS

proclamations

NOT

HOWEVER

ON

or

awards

were

pledge

to

THE

COMMENTS

AGENDA SHOULD

She asked about left

neighborhood not

left

the

over

funding

and he

proposed

in

appreciated City

new

over

the CRA

given

deletions

were no

Carmel commended Mr Smith s maintenance

Budget Workshop

regarding

Mayor

of silence

moment

TO

OF

Baker led the

or

CITIZENS BE

ARE

LIMITED

crew

to

changes

for the

TO

quick

funds in the CRA Mr

Bob Chase

spoke

of his

the Commission for their work

He

Hall

CONSENT AGENDA

APPROVE THE MINUTES FOR 1 HE REGULAR MEETING OF JULY 24 2008 AND THE SPECIAL MEETING OF JULY 24 2008 6

7

RATIFY COMMISSION ACTION OF JULY 24 2008 TO PERFORM THE NECESSARY

SURVEYING ON THE PROPERTIES BEING CONSIDERED FOR THE ENGINEERING PROPOSED CITY HALL SITE IN AN AMOUNT NOT TO EXCEED 10 000

8

2008 GOALS ADOPT THE 2009

9

APPROVE A LEASE AGREEMENT FOR A NEW COPIER AT CITY HALL USING

STATE OF FLORIDA CON TRACT 250 01IN THE AMOUNT OF 275 03 000 MONTH 45 FOR 60 MONTHS

Motion

by

Agenda

Items 6

Commissioner McGrew seconded

through

by

9 The motion carried

Commissioner Vath

we

approve the Consent

unanimously

RAI BUS GENF NESS

10 THE NEED FOR AND USE OF DEDICATED FUNDING FOR I IE FLAGLER COLIN fY

Page

1 of 4

2008 07 08

2008 MEETING Dr Jim Guines item

He outlined the

Guines assured the has

recently

been

spoke seeing support for the County library referendum ballot 00 per year Dr approximate cost per year for a would be as little as 37 he will have his eyes on where those tax dollars are spent He the Board of Friends of the Library Mayor Baker felt strongly it

Commission to

appointed

would represent double taxing the citizens She informed Dr Guines the citizens of the Flagler Beach have their own library and the City does not receive funding through the County for this service No action was taken on this item

11 CONSIDER A REQUEST FOR AN UNCLASSIFIED BUSINESS TAX RECEIPT FOR THE PLACEMENT OF A HOT DOG CART OWNED BY CAPTAIN KRAUTS GALLEY LOUIS J BALSANO needed

a means to

from the

across

dollars

more

generate

Mr Balsano asked Shell station

Louis J Balsano

place the bridge

to

a

store

a

cart

in

the

of his request He explained he in order for his business to stay at his current location

explained

nature

permanent location three

a

days

week He

a

suggested

the

Mr Balsano gave the Commission a copy of a letter of support picture of his hot dog cart and his license from the state for the cart

manager Baker did not support

dog cart Commissioner Feind agreed with the Mayor Commissioner McGrew stated at this point in time the City is not prepared to enforce vendors that may act inappropriately Commissioner Mealy noted the City has not approved other people who have approached them on this topic and would have a hard time allowing this hot dog cart Mayor

Commissioner Feind indicated there successful

not

was

and

area

rethink the issue

was a

time when

Commissioner

only happens

twice

Phyllis Carmel wished

of the economy No action

taken

was

on

a

did have

they

Mr Balsano needed clarification

Market than another location contained

hot

having

why

on

hot

cart

dog

in

town

and it

is it different for the Farmers

Mealy explained

week

a

the Farmers Market is in

Bob Chase felt the Commission needed

the Commission would be

the

flexible given

more

a

to

state

this item

12 DISCUSSION AND NECESSARY ACTION REGARDING THE ELEVEN PROPOSED RESOLUTIONS FROM THE FLORIDA LEAGUE OF CITIES Commissioner

Mealy

read the

item into the record Commissioner Vath reviewed the resolutions with the Commission the

consensus

of the Commission for Commissioner Vath

It

was

all eleven items

to vote yes on

COMMISSION COMMENTS 13 COMMISSION COMMENTS Economic

Development

the Task Force Commission

Commissioner McGrew

Task Force She

thought

it

might

Commissioner McGrew would like

and

keep moving

forward

evaluate the purpose of re them focus on the goals set by the

to see

had

hoped

the

Force would attendance

hoped

on

the entire

representatives of the be more proactive

nor

those businesses

the hoteliers would be

outreach

to

those businesses

on

more

out

City

to

Commissioner Provencher

members of the Task Force and she continually hears reference the Task Force should be

of her attendance of the

spoke

be time

and

not

mainly

on

committees that had been She does

not

see

area

sunset

and

now

town

sitting

across

suggested

She felt

they may the Task Force

thought

are

was

reviewed

CRA

too

by

much of

does

appreciate

Page

2 of 4

concentration

on

initially

the downtown

the CRA Board which the Commission

Commissioner

Subcommittee

a

Mealy

referred

to

a

rough

draft

presides

more

might

of

an

know the

need

some

Mealy also goals governing body for he

She clarified the CRA as

the

of minutes

Commission is

in

left

from

the Task Force s

of the process She City being Signage the enthusiasm of the Task Force She suggested Commissioner McGrew put an

on

and felt the

area

bridge

not even

had for them Commissioner

felt there

the Task

Commissioner McGrew had

direction

follow the vision the Commission

on

the

Task Force is in existence Commissioner Provencher to

few of the

the CRA She felt the focus of

Commissioner Provencher

of the downtown

a

the CRA Commissioner McGrew

businesses from

the north and south of involved

to

to

spoke

out

2008 07 08

agenda

item

on

the first

in

meeting

for discussion of what the purpose of the Task Commissioner Feind reported on his attendance at

September

Force should be and how it should function the

Task Force

August

Commissioner McGrew reviewed

Meeting

the goals set by the Force the Task Force spent time talking about it and a new subcommittee was formed He expressed concern regarding staff support for the subcommittees and wanted to be assured they are posted and to remind the Task Force they are meeting under the sunshine He too felt it was time for the Task Force to meet with the Commission Commissioner Feind felt they should be asking the Commission for direction before they start Commission

with the Task

going off in a different direction than what is not intended Commissioner Feind attended the opening of the Mala Compra Archeological Dig Pavillion at Bings Landing He was impressed with the Pavillion Commissioner Feind reported on attending the PAR Board meeting He expressed concern regarding the PAR Board directing the City Attorney to meet with the marina s attorney and felt it was beyond their purview to do so He reported the City has not owner received any sort ofsite plan for the project nothing has come before them formally reviewed the structures were manufactured without a permit and they were built in an area where manufacturing is not allowed Commissioner Feind felt strongly an ordinance should be written in the best interest of the the

City

Flagler County Night Out

the Sherriffs come

presentation yet Mr Murphy

in

for

not

Flagler

one

individual business

Palm Coast

High

owner

School

She

Baker attended

Mayor

was

impressed

very

with

Commissioner Vath asked if indicated it should be

arrived Commissioner Feind will be

and at

relayed

the funds owed

a

1 0 00 the County owes the CRA has coming shortly and would notify him when it

conversation he had with Mr

Commissioner Vath

Coffey indicating the CRA the Budget Workshop and

reported County had paid the impact fees for the interconnect with Beverly Beach Mr Murphy reported on his conversations with the County and indicated the City and the County need to have a discussion Commissioner Vath also expressed concern regarding the draft ordinance regarding the use ofmarina He felt the Planning and Zoning Director may need some assistance in writing the ordinance Commissioner Vath expressed concern with several safety

receiving

on

wondered if the

factors he felt more

not

were

being

addressed in the draft ordinance and felt

from the Fire Chief

input

Discussion around the

Commission should be

perhaps

there should be

of the ordinance and when the

protocol

discussing topic place Mealy reported on her Growing Greener She reminded all ofthe Intergovernmental Workshop among the County and other municipalities was on Monday She thanked staff for the First Friday Event Commissioner Mealy reported the relevant issues from the last County Commission Meeting She reviewed the current fines being enforced from the State and noted the increases Commissioner Mealy wanted to clarify she was not opposed to Woodroffe s plan She voted against the wording of the motion Commissioner Mealy reported on an e mail from Vicki Mulvaney who expressed concern regarding dogs on the beach without leashes It was consensus of the Commission to have the police enforce the current laws Mayor Baker reported the Town of Beverly Beach is planning a public awareness campaign on this particular issue attendance

at a

such

took

a

Commissioner

seminar entitled

PUBLIC HEARING

14 ORDINANCE

11 2008

REGULATIONS

ARTICLE

AMENDING V

APPENDIX

DEVELOPMENT

A

LAND

DESIGN

DEVELOPMENT

AND

IMPROVEMENT

STANDARDS TO ADD SECTION 5 07 REDEVELOPMENT AREA STANDARDS AND REAFFIRMING

SECTION

SEVERABILITY PROVIDING READING

explained

CLEARING

PROVIDING FOR

FOR

Attorney

CONFLICT

3 of 4

The

AND

INCLUSION

AND

IN

PROVIDING

GRADING THE

AN

CODE

public hearing

was

The

closed

PROVIDING OF

EFFECTIVE

Cino read the title of the ordinance into the record

the need for the ordinance

received

Page

06 5

DATE

Commissioner No

public hearing opened Motion by Commissioner Vath was

FOR

ORDINANCES FIRST

Mealy

comments were

seconded

by

2008 07 08

Commissioner a

roll call

Ordinance 2008 11 The motion carried

to approve

McGrew

after

unanimously

vote

15 ORDINANCE ENTITLED ENTITLED

12 2008

AMENDING

EMERGENCY DEBRIS

CHAPTER BY

MANAGEMENT

REMOVAL

FROM

FLAGLER

14

CREATING

CITY

OF

BEACH

A NEW

FLAGLER

CODE

ARTICLE III

BEACH

ROADS

PROVIDING FOR DEFINITIONS PROVIDING

FOR CLEARING OF DEBRIS FROM PRIVATE STREETS ROADS AND ROADWAYS AND OTHER PRIVATE PROPERTY AFTER A DISASTER AUTHORIZING INCLUSION IN THE CODE AND CORRECTION OF

SCRIVENERS

SEVERABILITY

Attorney

ERRORS

PROVIDING

AND PROVIDING

FOR

Cino read the title of the ordinance into the record

not a

new Article III but

amendment

PROVIDING

CONFLICTS

FOR AN EFFECTIVE

DATE

FIRST READING

Commissioner

Article III

FOR

clarified it

Mealy

Chief Roberts

explained the public hearing was opened Bob Chase wondered who would determine what is consider salvageable Attorney Cino explained the ordinance noting the debris has to create a public safety health and welfare issue The public hearing was closed Attorney Cino requested the ordinance come back for a second reading on August 28 2008 Motion by Commissioner McGrew seconded by Commissioner Provencher we adopt Ordinance 2008 12 The motion carried unanimously after a roll call vote was

for the ordinance

reason

an

to

The

STAFF REPORTS 16 STAFF REPORTS Mr

working

on

the

Murphy

financing plan

Regular Meeting in September second meeting in September

for or

felt

they

City

had

a

good budget workshop

He

reported

he

was

Hall and would present it them either the second He would work toward putting on the to

the first in October

Bob Smith gave an update on the Water Plant and indicated because of the rain there have been delays regarding Well 13 but indicated on the 15th of the

month

work will

start on

the Well

the land in order for FPL

clearing

He will be

presenting

an

forward Mr Smith

to move

item

reported

Mar and Palm Coast

Holdings

Overstreet

the Commission the Fire Police Pension Board

month

to

reported

She

reported two

17 ADJOURNMENT

Feind

ne

to

adjourn

Mealy

at

to

ordinances will be

Motion

by

secure

coming

Commissioner

25 p 7 m The motion carried

an

easement

before them in

Provencher

on

the

next

agenda

meetings

for Wells

10 and

meets on

the

for

with Land 11

20th

Ms of the

September

seconded

by

Commissioner

unanimously

Chairm

Penny Overstreet Deputy City

Page 4 of 4

in order

on

Clerk

2008 07 08