Regular 10162008

REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION OCTOBER 16 2008 AT 5 30 P M AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE Chairman John Feind PRESENT Mayor Alice M Baker Chairman Jane Mealy Vice Commissioners Joy McCrrew Linda Provencher Ron Vath City Attorney Drew Smith Planning City Engineer Bab Smith Interim Zanin Director Jan Hancock Public Works Director Finance Director Kathleen Doyle Community Redevelopment Director Caryn Miller Assistant to the City Manager Libby Kania and City Clerk Angela Apperson 1 CALL THE MEETING TO ORDER Chairman rn p

Mealy called the meeting

30 to order at 5

2 PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENCE TO HE MEMBERS OF THE ARMED FORCES Mayor Baker led the pledge to RECOGNIZE I

the

flag followed by a moment ofsilence

3 PROCLAMATIONS AND AWARDS A RESOLUTION 2008 60 OF APPRECIATION TO CHARLES J CINO RECOGNIZING HIS YEARS OF DEDICATED SERVICE TO THE CITY OF FLAGLER BEACH AND EXPRESSING APPRECIATION THEREOF Mayor Baker read Resolution 60 into the record Attorney Cino thanked staffed and the City far the opportunity to serve 200 them Motion by Commissioner Feind seconded by Commissioner Vath to approve Resolution 60 The motion carried unanimously after a roll call vote 2008 B PROCLAMATION DECLARING OCTOBER 16 2008 AS NATIONAL FERAL CAT DAY Mayor Baker read the proclamation declaring October 16 as National Feral Cat Day 4 DELETIONS AND CIiANGES TO THE AGENDA Nane 5 COMMEN S REGARDING ITEMS NOT ON THE AGENDA I CITIZENS ARE ENCOURAGED TO SPEAK HOWEVER COMMENTS SHOU D f31 LIMITED TO THREE MINUTES Mary Ann Ruzecki announced the Scenic Byway Volunteer Orientation will be held on Saturday October 18 200 at City Hall Phyllis Carmel suggested charging residents visiting Flagler Beach She reported some of the residents she spoke to parking to non regarding the right of ways expressed concern regarding a letter sent out by Cade Enforcement Ms Carmel felt strongly the oak trees on the south end of town should not be touched She the City would consider becoming a tree city Kim Carney spoke highly of Bob Smith hoped and his professionalism in response to an e mail asking him to consider putting up barriers

around retention

areas

in the Mirror Lake Subdivision

John

Moylan expressed

concern

the proposed city center He informed the Commission he was putting together a regarding website and would be placing an item on the next agenda for consideration Robert Chase

apologized for his remark at the last meeting Commissioner McGrew announced there will be a to Mr Moylan and his workshop on November 10 and another in December She suggested eftart to attend the group who are concerned about the City Center to make every order for them to have the best information available for their website

Page 1 of 8

meeting

in

2008 16 10

CONSENT AGENDA 6

APPROVE 1 HE MINUTES FOR THE REGULAR MEETING OF SEPTF MBER 25 2008 AND THE SPECIAL MEETING OF SEPTEMBER l 5 2008 AND SEPTEMBER 25 2008 S 7

APPROVAL TO PIGGYBACK ON A CONTRACT BE WEEN THE CITY OF PALM I COAST AND CARMEUSE LIME FOR THE FY 2008 2009 ANNUAL SUPPLY OF CALCIUM OXIDE LIME AT A COST OF 172 42PER TON

8

APPROVAL OF TENTATIVE EVENT SCHEDULE FOR THE CRA FOR FY 2008 2009

9

AUTHORIZE INTERIM CITY MANAGER TO SIGN A CONTRACT WITH MARLOW

COMPANY FOR LOBBYING SERVICES FOR THE CALENDAR YEAR BEGINNING JANUARY O 1 2009

by

Motion

agenda

Commissioner McGrew seconded

items 6 7 8 and 9

by Commissioner Feind unanimously

we

approve the consent

The motion carried

GENERAL BUSINESS

10 SIGN

EASEMENT

AGREEMENT

FOR

THE

PURPOSE

OF

CONSTRUCTION

OPERATION AND MAINTENANCE OF A CITY SIGN ON PROPERTY OWNED BY

CVS

81 FL LLC PLANNING 753

2008

MEETING the

City

an

need to be

Jan Hancock easement to

ZONING DIRECTOR

Planning

and

FROM THE SEPTEMBFR 25

Zoning Director explained

put permanent signage for the City

that CVS would like to

give

their property The sign would to pay the utilities Ms Hancock

on

by the City CVS has agreed hope to have approximately three lines of changeable copy on the sign in order to promote City events Commissioner Vath asked if there was money in the budget for the sign Ms Hancock clarified this is the easement agreement which is at no cost to the City and the signage can be addressed at a later meeting Lea Stokes President of the Flagler Beach Chamber thanked Ms Hancock for her work on this and felt a City sign would be a great asset to the Motion by Commissioner Provencher seconded by Commissioner Community McGrew we accept the sign easement agreement for a sign on CV5 property The motion carried unanimously paid

for and erected

further indicated it

1 1 ACCEPT DISPLAYS

was

her

THE

FORMALIZED

ON

FRIDAYS

PLANS

AND

FOR

THE

FARMERS

SATURDAYS

MARKET

BEACHSIDE

STYLE

MERCHANTS

DBY PHYLLIS CARMEL REYRESENTF

Phyllis Carmel explained the nature of her request In her request she indicated that the proposed market street would be open to vendors who hold a Flagler Beach business license to set up ten booths on Central Avenue She reviewed the locations for the booths She urged the Commission for support and outlined the need for the merchants in town to work with each other in order to survive during this economic time Ms Carmel asked

for

a

trial

period

from

October to the end of

Commissioner Provencher asked

who

Beachside

proposed plan

come

Page

first

2 of 8

Merchants outlined the serve

basis

Discussion

would be

ensued

and

January

coordinating

to

see

the merchants

how

it

Tom

will work

Keegan

and each vendor would be considered included the

businesses

on a

of

first

would be limited to

2008 16 10

Flagler

Beach business licenses not

license the market

having

a

flea market the

being

more

consistent with

need for

an

itinerant merchant

special event creating a booth outside of their business expansion booths outside the current shops itinerant licensing being filled out for the event in order for the merchants to be treated the same as any other event closing Central Avenue both sides of the street being utilized in order to increase participation the hours of operation being the same as the farmers market coordinating the merchant set up setting up specific parameters and liability insurance Bob Chase and Lea Stokes supported the idea J Nejame wanted to clarify the businesses putting out a table in front of their businesses should not be a problem Ms Hancock indicated that was true but once the business goes into the right of way that is a different situation and they cannot set up a booth in lieu of parking spaces Commissioner Provencher asked if Ms Carmel had spoken with Ms Forehand for her support street

a

this item Ms Carmel indicated she had conversations with her in the past and felt she was in support of the program The wording of the motion was discussed Motion by Commissioner Feind seconded by Commissioner Vath we approve the special event request from the on

Beachside Merchants Association for the utilization of the

right

side

can

and I ll include

if the need arises

that the east side

of way for 14 booths on the west I would say we

be utilized also

would leave the

closing of the street up to the discretion of the Chief of Police and we will be guided by what he says whether the street will be open or closed That the Beachside Merchants will provide the necessary insurance and give that to the clerk before operation That this be a trial period from now until February 1 2009 and we can re evaluate then and that all of the people that do participate obtain the necessary itinerant license prior to opening up their stand and that the closing time would be 3 00 p m The motion carried unanimously 12 CONSIDER

ALLOWING

MORE

THAN

THE

ALLOTTED

PUBLIC COMMENT ROBERT CHASE Mr Chase outlined the indicated clarified

his the

agenda

item

purpose

for

Conversations

agenda

items

with the

and

THREE

Commissioners

suggested

Mr

MINUTES

FOR

for his request He Commissioner Mealy

reason

Chase

call

the

Commissioners

individually 13 RESOLUTION PROVIDE

58 2008

FOR THE

WG RESOLU NI AMI lON I 63 2007

CHANGE OF

INNOVATIVE

BEACH

EXHIBIT

TECHNOLOGY

A

TO

SUPPLIERS

FROM BRI TO SEABULL MARINE INC PROVIDING FOR CONFLICT PROVIDING AN EFFECTIVE

Attorney

DATE

CITY ENGINEER

FROM THE

SEPTEMBER

Smith read the title of the resolution into the record

Works Director

25 2008 MEETING

Bob

Smith City Engineer Public providers from BRI to Seagull

s purpose is to just switch reported the resolution Mayor Baker asked when the project will start Mr Smith outlined the timeline with the DEP He explained the resolution is to keep the City in the running for the project grant Mr Smith reported there is an ongoing conversation between Sea Bull and DEP money Seagull would like to put in a 40 foot structure and collect data and then proceed with more 000 feet of the structure depending on the data collected DEP would like Sea Bull to put in 5 for grant purposes Discussion ensued and included how long this will take the DEP permitting process budgeted money Tourist Development Funds the funds allocated from the TDC the procedures recently put into place by the TDC whether the TDC funds would be approved if the s involvement City changes the vendor the financial commitment made by the City Marlowe clarification regarding funding Motion by Commissioner Feind seconded by Commissioner Marine

Page

3 of 8

2008 16 10

Vath

direct staff to

to

bring

back additional information

motion carried 4 to 1 with Commissioner

Mealy voting

as

far

as

funding

that is

required

The

nay

14 PROVIDE DIRECTION TO STAFF RELATED TO THE CONSERVATION DEDICATED TO THE CITY AT RIO MAR SUBDIVISION

FROM THE

EASEMENT

SEPTEMBER 25

2008 MEETING CITY ATTORNEY AND CITY CLERK

City Clerk Apperson reviewed the history of the item and reported the Homeowners Association has done a title search and found they do not own the property either The conservation easement was dedicated to the City on the Platt which subdivided the property and the address that is on the tax bill is that of the developer not the Homeowners Association It was Clerk Apperson s recollection the intention of the developer was to deed the property to the City but she could find no written documentation to indicate the same Attorney Smith outlined the options of the City Discussion ensued and included the taxes and who would be responsible for them the intention of the developer and why the City would want the property Mr Allen Pawlowski stated he and his neighbors would like to keep the easement as conservation and to assure his association that it will remain with that designation He indicated the association is also willing to pay the taxes on it but as they don t own it they are currently pursuing contacting the developer in order to get the deed changed Peter Guerillo reported on his history with the City and his portion of the property Frank Vignati needed clarification regarding the taxes on the property and the home owners association law Attorney Smith clarified the rights of the HOA Mike Akailis asked where the tax certificates have been sold Attorney Smith indicated they have been sold More clarifications were made regarding the steps before the property comes to auction the number of years the property taxes have been in arrears and whether the City really needs to be involved Motion by Commissioner Feind seconded by Commissioner McGrew we do not take any action since the homeowners association is going to make attempts to purchase the property and t take any action on this The easement is going keep as part of their common area that we don to stay in effect no matter who owns it so I think s interest in keeping the area in the everybody condition that it is will be fulfilled

no

The motion carried

Commissioner

meeting

unanimously

who

owns

it

Mealy

I

see no reason

recessed the

for

meeting

us

to

at

34 p 7 he m T

be involved

reconvened at 3 7 4m p

15 APPOINT MEMBERS CLERK

Commissioner

resignation

TO THE

ECONOMIC the

title

had been received for the Economic

his

resignation reappointment to to

read

Mealy

Architectural Review Board

request

matter

She

asked

both boards

rescind his

DEVELOPMENT TASK FORCE

of the

item

into the

Development

record

Y I CI

She

Task Force and the

reported a Planning and

Since that time Mr Johnson has indicated he would like to rescind the It

Commission the

for

their

thoughts

regarding

Mr

s Johnson

of the Commission to accept Ted Johnson s to the Economic Development Task Force and the PAR Board was

consensus

resignation membership assignments were discussed and how those appointments are made by the Commission The specific seats were announced and reviewed Ranking was discussed It was the consensus of the Commission that Ted Johnson to retain his seat as a citizen of Flagler Beach Joseph Pozzuoli to retain his seat for Parks and Recreation and Richard Clemons as the former member of SPAC The representative of the real estate community and the alternate seat were to be ranked on by the Commission The Commission were given ranking sheets The agenda moved to Item 16 The following appointments were made after the ranking sheets were The Task Force

Page 4

of 8

2008 16 10

Mike Akailis

completed

Alternate 2 The

A

16 APPROVE POWER

TO

agenda

MODIFICATION

THE

the

representing

Real

Estate

Community

and

Carmel

Phyllis

as

moved to Item 17

GRANTED

TO

THE

PRICE

OF

CLEARING

AT

THE

COUNTY

EASEMENT

AND

SUPPLYING

SCHOOL

BOARD

PROPERTY TO REFLECT A DIVERSION IN THE PATH OF THE EASEMENT TO AVOID A DELINEATED WETLAND CITY ENGINEER

funding approved

to

Bob Smith reviewed

the past request for

clear a

the land in order to get power to the new well fields After that request was walk through was conducted where Cypress trees were located revealing wetlands

Because of this

discovery a different course needs to be plotted out and there is a need for more funding by Commissioner McGrew seconded by Commissioner Feind we allocate the difference from the originally proposed amount of 75 000 to 91 698 to extend the roadway in out of the wetlands and for the Commissioner Vath agreed power lines to go to our new wells with the motion but felt there should ve been a more proactive approach regarding this entire project The motion carried unanimously The agenda moved back to Item 15 Motion

17 FORMAL

UPDATE ON

THE

NEW WATER PLANT CITY ENGINEER

Bob Smith

gave an update regarding the new water plant The only outstanding issue other than waiting for the wells is that there was a chemical tank leak The manufacturer will be replacing it for us The

does have a back up tank in the interim The plant should be up and running in nine Discussion ensued and included how many wells are ready waiting on the power for

City

weeks

gallons wells the consumptive use permit amount being 1 million gallons the old plant the demolition of the plant putting our employees in a potentially hazardous situation the employees background at the plant who have prior experience with welding and demolition the lime silo the timing of the demolition not mixing the flows and the use of one of the buildings on the other side of bridge No action was taken two 500 000

18 RESOLD PION 2008 62 AMENDING

THE

SEWER

RATES

SERVICES

TO INCREASE THE

PROVIDING FOR CONFLICT

rates

were

John

raised last

felt the

BY

SCHEDULES

into the record

FOR WATER

96 PER ORDINANCE 1

PROVIDING AN EFFECTIVE

Smith read the title of the resolution water

RATE

DATE

HEREOF

AND

O1 2008

Attorney

Commissioner Provencher asked when the

Staff indicated last year and the rates are raised on a given the state of the economy

yearly

should be looked at

basis

Bob Chase

Moylan questioned whether the amount citizens are currently paying goes to the utility fund and why there are always extra monies in the utility fund for other projects Commissioners Vath Mealy and Feind explained how the utility fund works Frank Vignati asked if the City runs a cost Motion by Commissioner McGrew seconded analysis if the index is out of whack by Commissioner Feind we adopt Resolution 2008 62 The motion carried unanimously after a rate

roll call vote

19 RESOLUTION COLLECTION

TO

63 AMENDING 2008 INCREASE

PROVIDING FOR CONFLICT

Doyle Motion

Page

Finance

by

5 of 8

Director

asked

BY

THE

PROVIDING for

FEE

96 AS 1

this

Commissioner Feind seconded

item

by

SCHEDULE

REQUIRED

BY

AN EFFECTIVE to

be tabled to

the

FOR

SOLID

ORDINANCE

DATE

HEREOF

October 30

2008

WASTE 03 2008 Kathleen

meeting

Commissioner McGrew to table Resolution 2008

2008 16 10

63 to next

The motion and the second

meeting

The motion carried

unanimously

The

were

agenda moved

amended to the first to

meeting

in November

Item 21

COMMISSION COMMENTS

the Maintenance

Department on Flagler the renovation in City of installation of officers and the Heart 808 the DAV Flagler League Purple Chapter Hospital Cities meeting Mayor Baker reported from the League of Cities meeting that Mayor Robinson of Bunnell asked for a letter of support related to a promissory note from FDOT for utility work 20 COMMISSION COMMENTS Hall

completed

SR100

on

It

Mayor

She noted

was

the

Baker

complimented

her attendance at

consensus

of the

about the Golf Cart

Commissioner Vath

the volunteer celebration at

Commission

issue

Attorney

to

write

a

Smith to

letter of support on the

follow up

inquired reported on a recent MPO meeting regarding the area where trucks come through town There is funding available for road repair Commissioner Vath to bypass the weigh station noted the TDC is requiring six month reports related to various funding He inquired about a letter which referred to the need to transfer Flagler Beach Police retirement trust funds Mayor Commissioner Baker stated the finance department indicated the funds have been transferred if the review and was Vath spoke of a beach management wondering lobbyists could work group Commissioner Mealy indicated Marlow only deals with the Federal level with the State Commissioner Provencher asked Commissioner Vath what position the TDC took related to Commissioner Commissioner Vath indicated they are supporting the item offshore drilling is of business In Commission know Kraut out on an m e ail the Captain Mealy reported letting the same e mail there was a report of a hot dog vendor Commissioner Mealy wanted to be clear that during special events like Biketoberfest there are vendors that will be selling hotdogs but She noted an article about restaurants in Flagler Beach they will leave after the event Commissioner Mealy attended the County Commission Meeting and reported on the legislative priorities that were sent to the state She reported on a call from Doug Baxter of the Flagler in Flagler County Chamber reporting the new radio station in Bunnell will be hosting a Buy Kania to send Commissioner asked on 24 10 at 00 12 Mealy Acting City Manager Campaign staff to the event Commissioner Mealy noted her attendance at a joint dinner with Enterprise Flagler and the Flagler County Chamber of Commerce where spoke with Representative Proctor Commissioner Feind announced the and reminded him regarding the submerge land lease Scenic Byway Volunteer Orientation will be held on Saturday hey are hoping for new 1 his comments be read into the record at the next meeting due to his He requested membership absence The agenda moved to Item 23 issue

He

PUBLIC HEARING

21

ORDINANCE

FAMILY CERTAIN

RELATING RESORT

DWELLING GENERAL DISTRICTS

AS

TO

HE I RENTAL

DWELLINGS RESORT

OF

RELATING

CERTAIN

TO

CONDOMINIUMS

TIIE

NCiLE S

RENTAL

PROVIDING

OF

FOR

PROVIDING FOR APPLICABILiTY AMENDING APPENDIX A LAND

DEVELOPMENT

6 of 8

AS

CONDOMINIUMS

DEFINITIONS

Page

08 2008

DWELLINGS

REGULATIONS

AND RESORT

COMMERCIAL

ZONING

SCHEDULE

CONDOMINIUM AS

GC

AND

TOURIST

PROVIDING FOR CONTINUATION

OF

OF

USE

ADDING

RESORT

PRINCIPAL PERMITTED USES COMMERCIAL CERTAIN

TC

RESORT

IN

ZONING

DWELLINGS

2008 16 10

AND RESORT CONDOMINIUMS IN RESIDENTIAL AREAS AMENDING CHAPTER 18 ARTICLE II BUSINESS TAX PROVIDING FOR A FLAGLER BEACH LOCAL BUSINESS TAX

RECEIPT

ESTABLISHING PERMIT

FOR A

RESORT

RESORT

ESTABLISHING

DWELLINGS

DWELLING

RESORT

REQUIREMENTS REQUIRING THE

AND

AND

DWELLING

FILING

RESORT

RESORT AND

CONDOMINIUMS

CONDOMINIUM RESORT

RENTAL

CONDOMINIUM

OF A RESORT DWELLING AND RESORT

CONDOMINIUM APPLICABLE STANDARDS FORM PROVIDING FOR ENFORCEMENT AND

PENALTIES

PROVIDING EFFECTIVE

PROVIDING

FOR

FOR INCLUSION

SEVERABILITY

DATE

61 2008

FINAL

IN

THE

FOR

CODE

OF

CONFLICT

ORDINANCES

PROVIDING

AN

Attorney Smith read the title of the ordinance into the record Commissioner Feind was not completely happy but thought the ordinance was the result of a good compromise Mayor Baker expressed her objections to the ordinance Commissioner Vath asked for the list of people to be allowed this use Jan Hancock Planning and Zoning Director responded the list is available in the department but new requirements have not been asked of the people on the list The compliance worksheet was also discussed The application and the application checklist were read into the record Commissioner Vath referred to line 253 and asked for clarification line 132 change the word constructed to construed and line 207 correct the spelling of twenty four He referred to the Comprehensive Plan and referenced non conforming uses Commissioner Mealy referred to line 52 putting the word forms after applications and line 163 and 164 to add the wording low density residential and medium density residential to the title of the subsection notices of minimum requirements she suggested the wording there are several parking areas The public hearing was opened Marge Click and John Moylan spoke regarding this issue Dennis term rentals were more than other Bayer representing the Christy s felt the burdens on the short businesses in the City He expressed concern and wanted clarification regarding upgrading a conforming use At the last meeting there was discussion regarding upgrading a non non conforming use Mr Bayer used Finnigans as an example of anon conforming use that was allowed to upgrade Commissioner Mealy and Jan Hancock indicated the definition within the code book would apply normal incidental repair The public hearing was closed Commissioner Mealy shared her thoughts about the ordinance and reviewed why she felt the term and compromise was a good one Topics she covered were the difference between short term rentals the Venice case and keeping within the character of Flagler Beach long Commissioner Provencher felt this ordinance would regulate the activity in the community Commissioner Feind felt this ordinance would also help the people in the condos in particular Motion by Commissioner McGrew seconded by Commissioner Provencher we adopt Ordinance 2008 08 with any amendments or with all the clerical changes made tonight The motion carried four to one after a roll call vote with Commissioner Vath voting nay 22 RESOLUTION

HEREOF

PROVIDING READING

ESTABLISHING

RESORT CONDOMINIUM DWELLING

AN

APPLICATION

SEVERABILITY PROVIDING FOR AN EFFECTIVE DATE the resolution into the record

Commissioner McGrew

the fee Commissioner Provencher asked

Attorney

FOR

RESORT

was

not

AND

Attorney Smith read the title of sure

of the fairness

of

imposing

this would be different than any other business Smith indicated the fee would off set the cost The public hearing was opened Valerie

why

Walter thanked the Commission for their efforts The the fee

FEE

PERMITS PROVIDING FOR CONFLICTS

was

Page 7 of 8

discussed and

justified by

public hearing

was

the amount of time staff will be

closed

spending

The amount of on

this

project

2008 16 10

by

Motion

Commissioner

Feind

McGrew

voting

nay

The

agenda

seconded

carried four to

Resolution 2008 61 The motion

by

Commissioner

one

after

a

Provencher

we

approve

roll call vote with Commissioner

moved to Item 20

STAFF REPORTS

23 STAFF REPORTS

longer using

City Manager reported now that police department is now patrolling the beach

Assistant to the

the ATV the

the

lifeguards

are no

for violators of the

animal ordinance

24 ADJOURNMENT Motion

McGrew

to

adjourn the meeting

r J

Mealy

Angela

Page

M

at

Commissioner Provencher seconded 38 The motion carried 9

by unanimously

Commissioner

3

Chai

Apperson City

8 of 8

by

Clerk

2008 16 10