Regular 09252008

REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION SEPTEMBER

25

2008 AT 5 30 P M AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE 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 Planning Zoning Director Jan Hancock Police Chief Dan Cody Public Works Director City Engineer Bob Smith Interim Finance Director Kathleen Doyle Community Redevelopment Director Caryn Miller Assistant to the City Manager Libby Kania and City Clerk Angela Apperson PRESENT

1

CALL THE MEETING TO ORDER

Chairman

Mealy

called the

meeting

to order at 5 30

m p 2

PLEDGE

OF

ALLEGIANCE

BY

FOLLOWED

A

MOMENT

RECOGNIZE THE MEMBERS OF THE ARMED FORCES the

followed

flag

3

PROCLAMATIONS

them

Mayor

Fighter Appreciation

during

She

Baker read

Month and

presented

COMMENTS

REGARDING TO

THREE MINUTES

encouraged the citizens raising drive

Charles

Hall

SPEAK Hilda

Alberta

ITEMS

regarding

revitalization of downtown

to

a

proclamation declaring

it to Assistant Chief Wood

be generous when the

18 20 26

sign

Phyllis

Carmel felt

ordinance

ON

THE

and 27

AGENDA

COMMENTS

possible development of Ocean Palm

Hall

wanted the

on a

SHOULD

firefighters

were

removed

CITIZENS BE

of the Golf Course and

Golf Course John Horran

He didn t believe it

strongly

ARE

LIMITED

TO

large

that the

was a

prudent

expressed concern discussing a

time to be

needed to support the businesses and Robert Chase commended the fireman and the EMT

fast track

for their work Mr Chase noted the

history

to

Carr Allen Francisco Ray Claude Ann Hall Tim McCann Steve Gentile Carm Mazneck and Colleen Conklin expressed concerns

the

City

NOT

HOWEVER

regarding new

pledge

agenda

ENCOURAGED

Settle

Baker led the

TO

their fund

DELETIONS AND CHANGES TO THE AGENDA Item

from the

5

to

Mayor

SILENCE

ofsilence

AND AWARDS

Scott Jackson

present the boot 4

moment

MDA Fire

September and Firefighter as

by

a

OF

attendance

expressed

concern

City

the

meeting Richard Price spoke of the regarding taxes and the proposed new City at

Hall

CONSENT AGENDA 6

APPROVE THE MINUTES FOR THE REGULAR MEETING OF AUGUST 25 2008

AND THE WORKSHOP

7

S OF AUGUST 27 2008 AND SEPTEMBER 8 2008 MEETING

APPROVE THE 2009 COMMISSION MEETING SCHEDULE

8

APPROVE A CONTRACT WITH BRIGHT HOUSE NETWORKS FOR INTERNET SERVICES FOR THE CRA AND RECREATION DEPARTMENTS 9

APPROVE THE WORKING AGREEMENT WITH RBC BANK

Page

1 of 6

2008 25 09

2008

10 APPROVE AN UNCLASSIFIED HOME BUSINESS TAX RECEIPT FOR FRESH N NEW CLEANING CREW 508 MOODY LANE FLAGLER BEACH 11 APPROVE HISTORIC MARKER PLACEMENT ON CITY OWNED PROPERTY EAST SIDE OF S AlA ACROSS FROM WATER TOWER PARCEL 12 29 0010 00010 0000 32 AND AUTHORIZE THE MAYOR TO EXECUTE SAME 12

APPROVE THE CONTRACT FOR WORKER S COMPENSATION INSURANCE WITH

BROWN

BROWN OF FLORIDA INC 1N THE AMOUNT OF 118 300 AND

AUTHORIZE THE MAYOR TO EXECUTE SAME

Motion

by

Commissioner

through

12

on

the consent

Provencher

agenda

seconded

by

Commissioner

The motion carried

Feind

approve Items 6

we

unanimously

GENERAL BUSINESS 13 CONSIDER APPROVAL OF A SPECIAL EVENT APPLICATION WITH CITY CO SPONSORSHIP FOR THE TOMMY TANT TOM Annual

BARBARA TANT

Tommy

Tant

9TH

ANNUAL MEMORIAL SURF CLASSIC

Tom Tant and Barbara Tant

Surf Classic and Food Festival

requested

the

City Sponsor Co the 9

The Tants showed

a

clip

from Fuel TV

and

spoke about the size of the audience this particular program reaches Mrs Tant explained inspiration for the surf classic was her son and his love for Flagler Beach and the community Mr Tant s explained how the food festival got started and requested with the Commission to use the as a food event from 3 to 8 for the local restaurants He m p permission pier tasting use ofVeterans Park for a band concert the Miller donated the s tent for CRA Caryn requested their use the chef from the shared his recollection of his Gary Blue experience with the Tommy Tant Surf Contest He was very enthusiastic about the restaurants being able to participate in the event and all the money going to the scholarship fund Mr Tant reported the funds go to the Education Foundation for scholarships and the Food Bank Discussion ensued and included the use of the pier prior meetings with staff the pier symbolizing the City regulating who gets on an off the pier during the event a rain date setting a precedent for the privilege ofthe using the pier an alternative to the use ofthe pier and using the first 100 feet of the pier Caryn Miller suggested that 1 50 out of each ticket for the food tasting and silent auction be given back to the City in order for the pass to be covered Discussion continued regarding the cost to the City police coverage figures based on last year liability insurance Commissioner Mealy thought it was a wonderful event and appreciated the Tants enthusiasm Motion by Commissioner Vath seconded by Commissioner Feind we approve the affair with 00 for police support and contingent upon us getting for sponsoring not to exceed 700 co individual payment for people entering the pier to allow the Tant affair to go on and to use the pier for their food affair and to expand to a two day event Bob Chase Phyllis Carmel Coralee Leon Dennis Bayer and George Gunn were all in favor of using the pier The motion carried 42 p m The meeting reconvened unanimously Commissioner Mealy recessed the meeting at 6 the

at

55 p 6 m

14 TIME CERTAIN 6 30 P AND M A PRESENTATION DISCUSSION DIRECTION TO STAFF RELATED TO THE FINANCING PLAN FOR THE NEW CITY

HALL MUSEUM

Page

2 of6

INTERIM CITY MANAGER

Bernie

Murphy

gave

a

brief

history

of the

25 09

item and Coralee

a

proposed financing plan

Leon

Bill

Christy

Diane

Bob

Cline

Chase Phyllis Carmel

Dave

and John Darrow

Robell

Richard

the issue

Price

Discussion

spoke by Commissioner Vath seconded by Commissioner Provencher that we hold any further expenditures in abeyance until the Commission is satisfied that we have had adequate communication with the citizens through one two however many town hall meetings we need where the Commission and Mayor feel that the proper information has been distributed and then we will move on from that point The motion was amended to include that at least two workshops and more if the Commission feels necessary One would be November and one in December The amended motion carried unanimously centered around

B

having

town hall

a

QUENTIN L HAMPTON

meeting

on

Motion

ASSOCIATES INC SITE EVALUATION REPORT

INTERIM CITY MANAGER AND PLANNING AND ZONING DIRECTOR

Mr Henry discussions with staff and the study findings doing feasibility museum and noted the need for a community center He reviewed the three elements and s City the funding for each piece The site being considered was partially owned by the County which will come before the Commission on the last meeting in October David King of Quentin Hampton reviewed the preliminary findings ofthe site Discussion ensued and included whether Woodruffe reviewed his

there

after

the

appreciable wetland on the property wetland near the site would not be disturbed the finances already put into the study ofthe site presenting the plan to the citizens putting the issue on the ballot as a binding referendum the need for space and the financing plan not impacting the tax rate were

any

15 DISCUSSION WITH FLAGLER COUNTY OFFICIALS REGARDING INTERLOCAL AGREEMENT

ON

BEVERLY BEACH

WATER

MANAGER TIME CERTAIN 7 00 P M

INTERCONNECT

McGrew

seconded

by

Murphy

Commissioner

reviewed

INTERIM CITY

portion of the conflict resolution agreement which was approved in 2007 There was a misunderstanding regarding the connection between Beverly Beach Mr Craig Coffey County Administrator referred to an emergency interconnect with Beverly Beach and Flagler Beach The proposal is how billing would take place how the interconnect would work and recent agreements between the County Commissioner Mealy felt the intent of the discussion two years ago is now reflected in the 6 in agreement Attorney Smith clarified the agreement would replace and supersede Section 4 the Settlement Agreement Discussion regarding the City s capacity the city s current flow and current capacity and the reserves in question were discussed at length Motion by Commissioner

Mr

Provencher

a

we

move

ahead with the

interlocal agreement on Beverly Beach water interconnect The motion and the second amended to include the changes the wording nor shall selling party be required to provide than its available

potable water

It

Commissioner The

selling party shall not be liable to the requesting party or etc as well as other changes noted The motion carried

agenda

was

Mealy adjourned

moved

to Item

more

And the

its customers for any interruptions four to one with Commissioner Vath rental be the next item

were

the

voting the

nay

Commissioner

consensus

meeting

Mealy

asked that the short term

of the Commission

05 p 9 m The

meeting

to

grant her request

reconvened at 9 20 p m

25

16 PRESENTATION DISCUSSION AND PROVIDE DIRECTION TO STAFF RELATED TO THE FINANCING PLAN FOR THE MASTER STORMWATER PLAN INTERIM CITY MANAGER This item

Page

3 of 6

was

moved to the October

30

2008

agenda

2008 25 09

2008

17 PROVIDE DIRECTION RELATED TO THE PROPOSED ADULT ENTERTAINMENT INTERLOCAL AGREEMENT Mr

Murphy

outlined the need for the item in order to

attorney direction It was the consensus of the Commission for as a up priority item The agenda moved to item 19 new

Attorney

Smith to

give

the

pick

this

18 PROVIDE DIRECTION TO STAFF RELATED TO THE CONSERVATION EASEMENT DEDICATED TO THE CITY AT RIO MAR SUBDIVISION This item

was

removed from the

agenda 19 RESOLUTION 2008 55 DECLARING PROPERTY TO BE SURPLUS DESIGNATING THE DISPOSAL PROVIDING FOR CONFLICT AND PROVIDING AN EFFECTIVE DATE POLICE CHIEF outlined

the need for the

Commissioner

Smith read the title ofthe resolution into the record

Attorney

Feind

resolution

Motion

Commissioner

by

55 The motion carried approve Resolution 2008 roll call vote The agenda moved to Item 21 20 RESOLUTION

OPPOSING

AN

AMENDMENT

Murphy

unanimously

we

56 2008

Mr

seconded

McGrew

THE

TO

by

after

a

FLORIDA

CONSTITUTION THAT WOULD FORCE VOTERS TO DECIDE ALL CHANGES TO A CITY OR COUNTY S COMPREHENSIVE PLAN COMMISSIONER MEALY This item was

removed the

agenda

21 RESOLUTION 2008 57 AMENDING RESOLUTION 58 2007 WHICH ADOPTED THE FY 07 08 BUDGET TO REFLECT A BUDGET AMENDMENT TO PROVIDE FUNDS FOR THE WATER TREATMENT PLANT CHANGE ORDERS AND RUNNING POWER TO WELL SITES 10

Attorney McGrew carried

11 PROVIDING FOR CONFLICT PROVIDING AN EFFECTIVE DATE

Smith read the title of the resolution into the record seconded

Commissioner

by unanimously after

22 RESOLUTION

a

roll call

58 2008

Provencher

vote

The

AMENDING

we

agenda

adopt

Motion

by

Commissioner

Resolution 2008 57 The motion

moved to Item 24

RESOLUTION

EXHIBIT

63 2007

A

TO

PROVIDE FOR THE CHANGE OF INNOVATIVE BEACH TECHNOLOGY SUPPLIERS FROM BRI TO SEABULL MARINE INC PROVIDING FOR CONFLICT PROVIDING AN EFFECTIVE DATE This item 23 SIGN

EASEMENT

was

moved to the October

AGREEMENT

FOR

THE

16th meeting PURPOSE

OF

CONSTRUCTION

OPERATION AND MAINTENANCE OF A CITY SIGN ON PROPERTY OWNED BY CVS 75381 FL LLC PLANNING

ZONING DIRECTOR This item

was

moved

to

the October

16th meeting COMMISSION COMMENTS 24 COMMISSION COMMENTS Commissioner became

a

finalist for the Clerk ofthe Year

Mealy announced City Clerk Apperson The agenda moved to Item 28

PUBLIC HEARING ORDINANCE 2008 25 08 RELATING TO THE RENTAL OF CERTAIN SINGLE FAMILY DWELLINGS AS RESORT DWELLINGS RELATING TO THE RENTAL OF CERTAIN

Page

4 of6

25 09

CONDOMINIUMS AS RESORT CONDOMINIUMS PROVIDING FOR DEFINITIONS PROVIDING

FOR

APPLICABILITY

APPENDIX

AMENDING

DEVELOPMENT REGULATIONS ZONING SCHEDULE

A

OF USE ADDING

LAND

RESORT

DWELLING AND RESORT CONDOMINIUM AS PRINCIPAL PERMITTED USES IN GENERAL COMMERCIAL GC AND TOURIST COMMERCIAL TC ZONING DISTRICTS PROVIDING FOR CONTINUATION OF CERTAIN RESORT DWELLINGS AND RESORT CONDOMINIUMS IN RESIDENTIAL AREAS AMENDING CHAPTER 18 ARTICLE II BUSINESS TAX PROVIDING FOR A FLAGLER BEACH LOCAL BUSINESS TAX

RECEIPT

FOR

ESTABLISHING A

RESORT

RESORT

DWELLINGS

AND

RESORT

DWELLING AND RESORT

CONDOMINIUMS

CONDOMINIUM

RENTAL

PERMIT ESTABLISHING RESORT DWELLING AND RESORT CONDOMINIUM REQUIREMENTS REQUIRING THE FILING OF A RESORT DWELLING AND RESORT CONDOMINIUM APPLICABLE STANDARDS FORM PROVIDING FOR ENFORCEMENT AND PENALTIES PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES PROVIDING EFFECTIVE

FOR SEVERABILITY DATE HEREOF

PROVIDING FOR CONFLICT

FIRST READING

Attorney

PROVIDING AN

Smith read the title of the

ordinance into the record

Changes to the document were discussed Commissioner Vath clarification requested regarding where the definitions would be codified the restriction of the number of days needing the list of applicants recordkeeping for resort dwelling He questioned the total number people allowed Commissioner Mealy felt strongly to have a 24 hour local phone number It was the consensus ofthe Commission to change the wording to reflect 24 hour availability The public hearing was open Carla Christy Linda Tilley Richard Price Carol Downing Dennis Bayer and Phyllis Carmel expressed their opinions concern regarding the issue The Commission agreed to the following changes line 46 missing section number 2 06 08 5 line 50 striking the s in applications and adding the word forms line 81 remove the wording and one day line 87 include the language less than six months or rented more than three times line 161 change unlawful to prohibited line 167 add 5add to identify the specific paragraph line 170 to reflect the change made on line 50 application form line 179 add the non conforming use shall not end with transfer of ownership ofthe property Line 181 184 add language to include obtaining an LBTR before entering into new rental agreements line 197 changes to 24 7 line 207 changing the wording to be 30 days prior to expiration Line 247 change fire marshal to code enforcement officer delete lines 235 and 236 Discussion then led to short term to long term and switching back the time period the ordinance has been work on how to grandfather those people who have gotten all the paper work the section of applicability the intent of the ordinance the number of people renting long term putting in the time period for accepting properties for anon conforming use to include from 2006 if those individuals had to rent long term while the ordinance was being crafted Motion by Commissioner Vath seconded by Commissioner McGrew that we at this point in time grandfather the folks that can show they are currently renting short term or have rented short term for 18 months previous to the date in which the ordinance second reading becomes effective grandfather those folks The motion carried three to two with Commissioners Feind and Provencher voting nay Motion by Commissioner Feind seconded by Commissioner McGrew

we

08 as amended approve Ordinance 2008

four to one after 17

a

26 ORDINANCE REGULATIONS

Page

5 of 6

on

roll call vote with Commissioner Vath

14 2008

AMENDING

the first

voting

APPENDIX

SECTION 00 02 DEFINITIONS 2

reading

nay The

A

agenda

LAND

TO INCLUDE

The motion carried moved to Item

DEVELOPMENT

DEFINITIONS FOR 2008 25 09

LIVEABOARD

BARGE

VESSEL

AMENDING

VESSEL

HOUSEBOAT

DEFINITION

OF

MARINA

FLOATING

STRUCTURE

ACCESSORY

USE

TO

AND

DELETE

LIVEABOARDS AND REPLACE WITH LIVEABOARD VESSELS PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF PROVIDING FOR READING OF THIS ORDINANCE

BY TITLE ONLY AND PROVIDING AN EFFECTIVE DATE FIRST READING STAFF RECOMMENDS THE ORDINANCE BE TABLED TO THE OCTOBER

30 2008 CITY COMMISSION MEETING This item 27 ORDINANCE

15 AMENDING 2008

REGULATIONS

PROVIDING

FOR

was

removed from the

A

APPENDIX

STANDARDS

FOR

LAND

agenda DEVELOPMENT

LIVEABOARD

VESSELS

VESSELS HOUSEBOATS FLOATING STRUCTURES AND BARGES PROVIDING FOR ABANDONED DERELICT AND WRECKED VESSELS AND ILLEGAL FLOATING STRUCTURES AMENDING THE DEFINITION OF MARINA ACCESSORY USES TO FLOATING STRUCTURES AMENDING ARTICLE II SECTION 2 06 02

INCLUDE

AUTOMOTIVE SERVICES SCHEDULE OF OFF STREET PARKING REQUIREMENTS

PROVIDING FOR VIOLATIONS PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF PROVIDING FOR READING OF THIS ORDINANCE BY TITLE ONLY PROVIDING FOR CONFLICT PROVIDING AN EFFECTIVE DATE FIRST READING STAFF RECOMMENDS THE ORDINANCE BE TABLED TO THE OCTOBER 30 2008 CITY COMMISSION MEETING This item was removed from the agenda STAFF REPORTS 28 STAFF REPORTS No staff reports 29 ADJOURNMENT Motion

Feind

J

e

to

adjourn the

Mealy

meeting

by

were

given

Commissioner

Provencher

seconded

at 14 11 m p The motion carried

by

Commissioner

unanimously

Chairm

A Angela

Page

M

6 of6

Apperson City

Clerk

2008 25 09