Regular 12042008

200

1LAR MEETING OF THE I REGI ACTLER BEACH CIpI Y COMMI N DECEMBER I 200 AT o

PRESENT

IIVUED UNTIL I ll AND TO BE CON P I

l I5 ARE COMPLETE I

airlnan Jane Cl

Chairman Jahn Feind Commissioners Joy McGrew Mealy Vice ath City Attorney Drew mitl Interim City Manager Bernie Murphy

Linda Prov encher Ron

orks Dire Planning oning Director Jan Hancock Police hief Dan Cody Public V ctarfCity Engineer Bob smith Finance Director Cathleen Doyle Communit Redevelopment Director lllla and Clty Clerk Angela 1 ilAssistant to the Cit I Caryn er r Manager ibb K pperson ABSENT

1

Manor Alice

Barer

LL THE MEETI TO ORDER C1

Chairman

Mealy

called the

m e etin to

order at x 35

rn p

OF

PLEDGE to

GrED FOLLO

the tag followed b

a

nlomGnt

MOMENT

A

OF

SILENCE

PRAND A CLAMATIONS ARIS

A

PROCLAMATION IT

N J B

DECLARING THE

IN

FLAGLER

proclamation

into the record

ber of halr

ornmerce C

FI OF DECEMBER AS HANK I MON Fl YC i U

Y JNT COI

Shoe presented the

es from Lea tol

the

MONTH

ation proclarr

issioner M l Con caly to

Doug

read

Baxter from the

Items 11 and 14 will be COMMENTS

ED 1RA ENCO

1NCi AR REC

the

She

docents

reported

Robert Chase

control his behavior

resort

rellings d

beginning

ITEMS

Museum and

removed for another date

of the General Business

NOT

JVEVIJI HO

was

ON

THE

EI A DA

iENTS COMII

presented

CITIZENS

SHOULD

Catherine V lson announced the dov ltown

Flagler Beach Historical

museum

to

AK SPI

T

THREE I INiJTES

by

to the

brought

Tom

Flaglcr

DELETIONS ANI CHANGES TO THE A ENDA Item 8

the

County

Beach Charrlber of Commerce F ecgan from the Beachside Merchants and David Ayers from wN

5

O I

silence oI

3

FOR

BY

THE MEMBERS OF FrI lE ARMED CES OR Commissioner Provencher led the F

E I RECOG

pledge

CIANCE ALLE

wTalking

BE tour

the brochures that

are

ARE

LIMITED

TO

being sponsored available

at

the

the number ofisitors to tl e Museum and asl i for 1Toluntecrs to be e

e p ressed concern regarding Carla

Because

Christy

felt she

she chooses

to

was

a recent

being

manage

her

individual fee for each propert F but she onlyF has to pay

meeting

where

a

citron

was

against for the fees properties she has to pay for multiple dwellings with

linated discrii Tn o

one

fee

asked for an

the

state

CONSENT ADEN I A APPROVE THE IVIINUTES FOR THE REC ILAR MEETING OF THE REGULAR

MEETING OF NOVEMBER I3 200

AND THE RK I lOP MEETING OF IOVE1 BER

loT 200 7

PPR A VE

CONTRACT

WITH

ICIPAL MHI

CODE

RATION O CORP

CTYBACKINC ON A CONTRACT wITH A PIt w LTON TY OHI IN AN AMOL IT NOT

Page

1 of 7

12104

TO EXCEED 14 00FOR FY 09 000 08 AND AUTHORIZE APPROPRIATE OFFICIALS TO EXECUTE SAME Motion consent

by

Commissioner

agenda

Provencher

The motion carried

seconded

by unanimously

Commissioner McGrew

to approve the

GENERAL BUSINESS

8

DISCUSSION

POLICE CHIEF

9

REGARDING This item

was

ACQUISITION

removed from the

OF

TASERS

agenda

The

FOR

SUPERVISORS

agenda moved

to Item 11

REQUEST FOR CITY COMMISSION TO CONSIDER DECLARING A MORATORIUM

ON SANDWICH SIGNS WITHIN THE CITY LIMITS FOR SIX 6 MONTHS PLANNING ZONING DIRECTOR

Commissioner

Mealy

notified the

allowed those businesses in the CRA to have sandwich allow all businesses in the would

apply

to the rest ofthe

taller than four

placed

on

months

City

feet

or

the

feet

that there the

same

legible

end of the business

has

restrictions for the CRA

and any wider than three feet at the must be neat and

City

This item is to

Miller clarified the criteria for the sandwich

right of way they brought in at the

must be

signs

Ms Hancock noted the

City Caryn

wider than two

the sidewalk

and the

limits

public

for six months

base they

for

a

trial

signs

no

cannot be

period

of six

signs day privilege Commissioner McGrew received a suggestion from one of the members of the Economic Development Task Force to develop one standardized sign for consistency throughout the city Ms Hancock was in agreement with a sign template if after the six month period the Commission agreed to keep the project J Nejame was in support of the idea Robert Chase needed clarification regarding the type of sign Motion by Commissioner Vath seconded by Commissioner Feind we approve a moratorium on the prohibition of sandwich signs within the City limits for six months with the requirements as sited by Ms Miller at this meeting The motion carried unanimously or

the business will lose

the

10 RESOLUTION

71 2008

ESTABLISHING

A

FEE

FOR

FIRE

INSPECTIONS

CONDUCTED PURSUANT TO SECTION 9 OF THE CITY OF FLAGLER BEACH CODE OF ORDINANCES PROVIDING FOR CONFLICTS AND SEVERABILITY PROVIDING AN EFFECTIVE DATE PLANNING of the resolution into the record

ZONING DIRECTOR

Commissioner

Attorney

Smith read the title

introduced the item and

Mealy reported the She asked Chief Roberts to 00 fee for fire inspection proposed resolution is charge a 75 address the reason for the amount Chief Martin Roberts reported the Fire Department did a cost analysis on what it would take to break even on having a Fire Inspector perform these duties He researched other local municipalities to see what they charged for an inspection Chief Roberts reported the amounts necessary for providing such a service such as the initial course as well as continuing education necessary office supplies forms and computer programs Mr Murphy reported this also included are the wages for two people the use of a fire vehicle and the number of inspections needed Of many ofthose that will be inspected there will be a need to go back to those locations a second or a third time Mr Murphy reported these funds will be going toward the General Fund Discussion ensued and included labor costs the possible need to assist in taking the information and scheduling appointments for inspection the fire inspector being on board for review of site plans inspections needing to be done annually the amount of the 00 being more County charges rough economic times for businesses the fee being too high 50 to

Page

2 of 7

2008 04 12

reasonable relieving

businesses of

financial burden

City in the position of losing businesses being calculated into the costs creating our own forms the proposed fee not being inflated for profit building department personnel coordinating the inspections the time involved and the reasoning for using the fire truck for the inspections J Nejame suggested charging a cost for each re inspection Phyllis Carmel needed clarification on the number of businesses in Flagler Beach She expressed concern on the businesses incurring another fee imposed by the City in such a short amount of time and particularly during the harsh economic climate Ken Obrzut suggested not being cavalier in reducing the rate staff recommended Robert Chase needed clarification regarding diesel engines John Darrow inquired about the inspections for resort dwellings within the condominiums Discussion continued and included the fees for re inspection the new rates for and water and the number of businesses in trouble Motion garbage by Commissioner Vath seconded by Commissioner McGrew to approve Resolution 2008 71 with the following change that the City staff shall collect a fee of 50 00 for each inspection or re inspection The motion and the second were amended to include the wording whereas the City has arranged for the special training and certification of our fire fighters to conduct fire inspection The amended motion carried four to one with Commissioner Feind voting nay after a roll call vote a

not

money the constant additional costs to

putting

the

overtime not

11 DISCUSSION AND AUTHORIZATION TO STAFF REGARDING THE

STORMWATER

PLAN

AND

LJNDERGROUNDING STORMWATER STREETSCAPE

PROJECTS

MANAGER Bob

MASTER

COMPLETION THE

OF

CRA

INTERIM

CITY

history ofthe stormwater project He and David King of Quentin Hampton made a power point presentation Discussion ensued and included what services would be included with the Quentin Hampton fee why the city needs to be surveyed every five years the need for more detail in order to design and the closure of the Mirror Lake Project having a deductive change order Caryn Miller reported in July 2007 the CRA Board approved leveraging CRA dollars for a bank negotiated loan The purpose was to do and of utilities over a three year stormwater streetscaping undergrounding period as opposed to a

block

or

Smith City Engineer spoke

two at a time

resolved what the CRA costs have not

changed

Murphy ensure the financing Mr

She reviewed

are

a

able to do and

ofthe

court case that

bonding

is

She reviewed the cost ofthe

summarized the costs involved

has been resolved and the

courts have

longer an issue Ms Miller reported the project and the proposed spending funding

no

Discussion ensued to

move

forward but the need to

to lessen the burden on families in the future delay the execution of the City finds out the availability of Federal money no ad valorem tax money h and being involved the project being funding by stormwater funds using federal funds and 11 12 Streets being included in the masterplan Motion by Commissioner McGrew seconded by Commissioner Provencher we authorize Quentin IIampton to proceed with the design and update of the Master Stormwater Plan for the City to authorize the CRA to negotiate a bank 6 million negotiated loan pledging 140 000 trust fund monies to generate approximately 1 These monies to be used to complete the CRA streetscaping stormwater and undergrounding 000 project Also to authorize staff to negotiate a bank negotiated loan pledging up to 150 8 million dollars to be used to annually in stormwater fees to generate approximately 1 complete the citywide storniwater plan and to authorize staff to prepare necessary application paperwork for the anticipated Federal Public Works Stimulus Funds The motion carried unanimously The agenda moved to item 14

bank loans until the

Page 3

of7

2008 04 12

12

DISCUSS THE PROGRESS AT THE NEW WATER TREATMENT PLANT PUBLIC

WORKS DIRECTOR

Smith City Engineer gave an update on the progress of the water should be up and running by plant reported plant January 12 2009 No action was taken on this item The meeting recessed at 38 p The 55 p m meeting reconvened at 7 m and

Bob

the

13 RESOLU PION

72 AMENDING 2008

THE

FEE

SCHEDULE

FOR

SOLID

WASTE

COLLECTION AS REQUIRED BY ORDINANCE 2008 03 AND INCREASING THE FEES BY 1 20 PROVIDING FOR CONFLICT PROVIDING AN EFFECTIVE DATE HEREOF

Attorney

Smith read the title of the resolution into the record

the item

Robert Chase voiced

new

truck would be

concern

Commissioner

Mealy

reviewed

about the cost of the water and wanted to know when the

City City Clerk Apperson reported the truck should be here by Commissioner McGrew seconded by Commissioner 72 The motion carried unanimously after a roll call vote 2008

operating

in the

within the next six months Motion

Feind

we

adopt

Resolution

14 A APPROVE

AN

AMENDMENT

TO

THE

CONSTRUCTION

PHASE

SERVICES

CONTRACT WITH QLH FOR THE MIRROR LAKE WATERSHED IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED noted

437 7 38

FOR ADDITIONAL

SERVICES Mr

Murphy

typo in the dollar amount in the last sentence starting with This resolution should be 930 Commissioner Mealy noted a correction in the dollar amount in the title should read 69 a

431 7 38

by

Motion

Commissioner McGrew seconded

Commissioner

by

Provencher

we

approve an amendment to the construction phase service contract with Quentin Hampton for Mirror Lake Watershed improvements not to exceed the amount of 38 431 for additional 7 services The motion carried

B

unanimously

RESOLUTION 2008 73AMENDING RESOLUTION 2008 54 WHICH ADOPTED THE

FY 08 09 BUDGET TO REFLECT A BUDGET AMENDMENT FOR THE MIRROR LAKE STORMWATER

PROVIDING

PROJECT

FOR

CONFLICT

AND

PROVIDING

AN

EFFECTIVE DATE Commissioner

Attorney Smith read the title of the resolution into the record Motion by 73 McGrew seconded by Commissioner Provencher we adopt Resolution 2008

The motion carried

unanimously

a roll

after

call vote

The

moved to Item 9

agenda

15 RESOLUTION 2008 74AMENDING RESOLUTION 2008 54 WHICH ADOPTED THE 09 BUDGET TO REFLECT A BUDGET AMENDMENT FOR CHANGES TO THE FY 08 CRA BUDGET PROVIDING FOR CONFLICT AND PROVIDING AN EFFECTIVE DATE

Attorney item

for

Smith read the title ofthe resolution into the record Commissioner the

Provencher

public adopt

we

Motion

Commissioner

by

McGrew

Resolution 2008 74 The motion carried

Mealy reviewed the by Commissioner unanimously after a roll call seconded

vote

16 RESOLUTION PROHIBITS

75 2008

MUNICIPAL

OPPOSING

WATER

AND

SURCHARGE TO CONSUMERS LOCATED

ANY

AND

SEWER

ALL

LEGISLATION

UTILITIES

FROM

WHICH

LEVYING

A

OUTSIDE OF THE CITY PROVIDING FOR

CONFLICT AND PROVIDING AN EFFECTIVE DATE Attorney Smith read the title of the resolution into the record Commissioner

Vath

The motion carried

Page 4 of 7

Commissioner

seconded

Mealy

Commissioner

by unanimously after

a

reviewed the

Provencher

history

we

of the item

Motion

by

75 approve Resolution 2008

roll call vote

2008 04 12

COMMISSION COMMENTS

17 COMMISSION COMMENTS

golf cart crossing

Commissioner Vath referred

at SR 100 and

Flagler confirming some

Avenue

He

to the DOT letter

approving the Department

if the Finance

wondering by Mrs Hayes in her letter the Bait regarding shop No consensus or direction was given for the City Manager to have finance do the research The responsibility for cleaning the restrooms was between Mrs Meyers and the Hayes Commissioner Vath inquired if the City is aware of the Statewide Stormwater Treatment Rule Advisory Committee Commissioner Mealy sits on a committee for the Florida League of Cities and confirmed the City is in compliance He also reported on the need for Paving on N 8th Street City Manager reported the City Engineer has reported paving will be completed shortly Commissioner Provencher wondered where the Commission was meeting for the parade and was not sure of the route Commissioner Mealy gave her the information Commissioner Provencher inquired if the City will be attending the Conference on beach preservation Mr Murphy replied he had not anticipated anyone going Commissioner McGrew reported on her attendance at the Task Force meeting and some of the issues discussed at the December meeting Commissioner Feind encouraged participation for Holiday at the Beach He information regarding City Center and asked all citizens that are reported on some of the mis interested to attend the December 10 workshop Commissioner Feind spoke with the Census Bureau regarding the City The Census Bureau made a mistake because the Bureau s population spopulation into Palm Coast s Commissioner Feind asked incorporated some of Flagler Beach the Census Bureau if the Bureau was comfortable with the s reported University of Florida The Census Bureau Feind to the advised Commissioner use population s report University Commissioner Mealy reported on her attendance at an Enterprise Flagler meeting Museum Board Meeting Florida League of Cities Legislative Committee Meeting She reported the Revenue Enhancement Training will be held on January 22 2008 with Ken Small could do

some

research in

was

of the numbers cited

PUBLIC HEARING

18 A RECEIVE

THE

REPORT

PROVIDE DIRECTION AS Charter

REQUESTED

Review Commission

Commissioners

for

FROM

thanked

their choice

in

the

THE IN

CHARTER

THE

members

appointing

them

REPORT of the to

the

REVIEW Don

Deal

Review

COMMISSION Chairman of the

Commission

review commission

and

the

and

Angie they have done for the Charter Review Commission the change in legal representation there has been a different of what is to before the voters interpretation required go Attorney Smith outlined the Attorney General opinion regarding charters that were after Home Rule Mr Deal wanted to adopted the that the Charter Review rumor Commission was paid for their job He wanted to let dispel the public know that the Review Commission was made up of volunteer members Mr Deal simply wanted to review the ballot questions and not go through the entire table of changes at this meeting as everything on the table was not going to go before the voters Ballot Questions Apperson

were

and

Penny Overstreet He reported since

reviewed

A

question

and

for

all

answer

the work

period

followed

allow the Review Commission to continue to meet

the

educating deficiency and as

public

to

on

the ballot

questions during

address those issues

Commission to put the Item to continue to meet

Page

5 of7

Mr Deal asked the Commission to

periodically

in order to address issues such

and to review issues identified in the charter as another election on

the next

It

was

the

consensus

a

of the

agenda

2008 04 12

B

ORDINANCE 2008 18 SUBMITTING TO THE ELECTORS OF FLAGLER BEACH

PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF FLAGLER BEACII PROVIDING

BALLOT

TITLES

SUMMARIES

AND

TEXT

FOR

THE

PROPOSED

AMENDMENTS PROVIDING DIRECTIONS TO THE CITY CLERK PROVIDING FOR SEVERABILITY AMENDMENTS FIRST READING

Attorney

FOR FOR

AN

AN

EFFECTIVE

EFFECTIVE

DATE

DATE

FOR

FOR THE

APPROVED

ORDINANCE

Smith read the title ofthe ordinance into the record Commissioner

grammatical errors before the ordinance passed She referred to 06 b strike the a change the word voter to voters page 4 Section 2 and change commissioners to commissioner and replace his with gender neutral change the to 0 2 9 fourth line down the election office their office page 5 results add a period and start a new sentence with No other meeting shall be held at that time She continued and referred to Section second line to the should be in the possessive form 7 0 3 1 bottom page mangers Section second line toward the should be in the possessive 04 3 end again managers page 8 b delete and make and in C there should be colon instead of a a voter plural form page 13 colon after the word election and there should be a bullet before the semi phrase candidates shall appear in person and page 15 d next to the last line place a period after the word held and Notices shall be provided should be separate sentence Attorney Smith referred to page 12 of 15 top of the page should read existing budgets the general fund and the utility fund budget page 8 4 lines down there is not an error in the codified version so there is not an error on that page and because that is the 12b under this ballot question that only change to Section 2 whole section can be deleted Attorney Smith indicated he rolled in general neutral terms into the grammatical changes as to not confuse the actual ballot questions Commissioners Mealy and McGrew thanked everyone on the Review Commission for their hard work The public No comments received The closed Motion by was were was hearing opened public hearing Commissioner Feind seconded by Commissioner Provencher we adopt Ordinance 2008 18 with the amendments mentioned by the Attorney and Commissioner Mealy and including the revised wording for number 5 The motion carved unanimously after a roll call vote Mealy

wanted to

PROVIDING PROVIDING

point

out

a

few

page 3 of 21 strike aand

a

a

19 ORDINANCE 2008 19 AMENDING ARTICLE V EMPLOYEE BENEFITS DIVISION

1

SECTION

102 2

MUNICIPAL

POLICE

OFFICERS

PENSION

TRUST

FUND

ADOPTION OF APPLICABLE STATE PROVISIONS AMENDMEN TS PROVIDING FOR INCLUSION

IN

THE

CODE

OF

ORDINANCES

PROVIDING

FOR

CONFLICT

PROVIDING AN EFFECTIVE DATE HEREOF FIRST READING

Attorney Smith read the title ofthe ordinance into the record Commissioner Feind had questions regarding the ordinance and was not sure if there was anyone present to answer Mr Murphy was not clear what impact this ordinance would have financially on the city He suggested Attorney Smith review the PBA back tv the Commission at the next meeting contract and Motion by Commissioner Feind seconded by Commissioner Provencher we table this until a representative for the Pension Fund can come and answer our questions and at the same time allow our attorney to review the contract The motion carried unanimously come

Page

6 of 7

2008 04 12

AFF REPORTS 1 S 20 STAFF

submitting as a

REPORTS her

Clerk

Apperson

name

She

thanked the was

City

and

the

Commission

for

honored for the submittal and to be named

Finalist

21 ADJOURNMENT

McGrew

J

City

for Clerk of the Year

e

Mealy

Ange

Page

to

a

M

7 of 7

adjourn

the

Motion

meeting

by

Commissioner

at 9 18 p m

Provencher

The motion carried

seconded

by unanimously

Commissioner

Chairma

Apperson City

Clerk

2008 04 12