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b REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION DECEMBER 18, 2008 AT 5:30 P.M., AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE. PRESENT: Mayor Alice M. Baker; Chairman Jane Mealy, Vice-Chairman John Feind, ‘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, and City Clerk Angela Apperson. 1. CALL THE MEETING TO ORDER: Chairman Mealy called the meeting to order at 5:30 p.m. 2. PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENCE TO NIZE. MEMBI \F THE : Mayor Baker led the pledge to the flag followed by a moment of silence. 3. PROCLAMATIONS AND AWARDS: a. CERTIFICATE OF APPRECIATION TO THE DISABLED AN VE: Mayor Baker presented a Certificate of Appreciation to Bob Reed. She thanked them for allowing the City to hold a Regular Meeting in October while the Commission Room was being used for early voting. She also presented Mr. Reed with a check to defer the costs for hosting the October meeting 4, DELETIONS AND CHANGES TO THE AGENDA: There were no deletions or changes. 5. COMMENTS REGARDING ITEMS NOT ON THE AGENDA. CITIZENS ARE ENCOURAGED TO SPEAK. HOWEVER, COMMENTS SHOULD BE LIMITED TO THREE MINUTES: J. NeJame expressed concern regarding commercial trucks not pulling off the road both in commercial and residential areas obstructing traffic and causing a hazard to the City. He suggested a resolution to this potential problem. Bob Reed, of the DAV, thanked the ‘Commission for the recognition and for a recent contribution which assisted in purchasing a van. Jeffery Fisher thanked the Commission for the First Friday Events and spoke of how it benefits his business. NSENT. A 6. APPROVE THE MINUTES FOR THE REGULAR MEETING OF DECEMBER 4, 2008: Motion by Commissioner Provencher, seconded by Commissioner McGrew, to approve the consent agenda, The motion carried unanimously. INERAL BUSINESS 7. DI ION. Es ACTION RELATED T SERVI AGREEMENT WITH JAMES MOORE AND CO. FOR COMPUTER SUPPORT AT THE POLI PARI AND. = City Clerk Apperson reviewed the need for the support from James Moore and Company. A question and answer period followed among the Commission and the representatives from James Moore and Co. Motion by Commissioner McGrew, seconded by Commissioner Vath, we continue the silver service Page 1 of 4 12/18/2008 level agreement with the James Moore and Company and to include citywide and the Police Department for the amount of $33,161.36, The motion carried unanimously. 8. DI N_AND NECESSARY ACTION RELATED TO_AN_ENGAGEMENT /NTH_JAME: AND CO. Fi ACEMENT OF INITIATION OF OFF SITE BACKUP SERVICES. = CITY CLERK: City Clerk Apperson reported on the need and importance for new servers. A question and answer period followed among the Commission and the representatives from James Moore and Co. Motion by Commissioner Feind, seconded by Commissioner McGrew, we approve a budget amendment in the amount of $3700 to complete the replacement of the servers at City Hall. The motion carried unanimously. Motion by Commissioner Feind, seconded by Commissioner McGrew, we approve the engagement letter with James Moore & Co. for the replacement for the servers at City Hall, The motion carried unanimously. 9. PROPOSED WORK ASSIGNMENT FOR ENGI IG SERVICES REt D FOR AND PI IG PI F_THE MG T: IL Ri PROJECT — PUBLIC WORKS D) R/CITY ENGI Mr, Smith review the need and stated DEP is requiring all underground diesel tanks either to come up to new code specifications, to be abandoned or removed by December 31, 2009. It is because of this requirement he asked the Commission to approve the work order. Mr. Smith reported the control room at the million gallon water tank and the lift station pumps are approximately 30 years old and are starting to show their age. The generator at the location is in good shape and has enough power for the lift station pumps as well as the pumps for the million gallon water tank. He suggested the use for the generator in case there is an event where the City will lose power. Mr. ‘Smith explained the project would be done in phases. This would be the first phase and the second phase would be completed by the end of next year. Richard Price needed clarification regarding the location and the type of tank that is to be removed. Mr. Smith explained it is a diesel fuel tank, and there are a few options for removal but the first step is to test the soil to determine if there is any leakage. Motion by Commissioner McGrew, seconded by ‘Commissioner Feind, we move forward with the proposed work assignment for the engineering services required for the design permitting phase of the one million gallon tank control room upgrade project, not to exceed $8,600. The motion carried unanimously. 10. DISCUSSION REGARDING ACQUISITION OF TASERS FOR SUPERVISORS ~ POLICE CHIEF: Chief Cody reported the Flagler County Sherriff's Department has donated taser guns to the Police Department. He would like to outfit the Police’s supervisors with tasers and provide training. Chief Cody indicated he would place the use of the tasers under strict policy of active physical resistant, Chief Cody reported Officer Shamp has completed training and if the Commission had specific questions, he would defer to him. Discussion ensued and included when the police would use the tasers; the tasers not be used for compliance; the training covering when it is an appropriate to use the taser; liability; insurance and the reasoning for limiting the use to the supervisors. Richard Price asked what type of tasers were available and felt all the officers should have this tool available to them. Phyllis Carmel asked if within the training program, if the officers themselves would be tasered? Officer Shamp explained in his training program, it was not mandatory for the students to be tased. Officer Shamp indicated he was tased. J. Nejame felt all the officers should be carrying tasers. Lloyd Frankelton was in support of using the tasers but felt the officers on the front line should be carrying the tasers. Bob Chase wanted to ensure the officer would not be using it on a person for verbal assault. Page 2 of 4 12/18/2008 Chief Cody indicated he would eventually like the entire department to use tasers but he has heard some concerns throughout the community and felt it was best to start with the supervisors. Commissioner Mealy suggested starting with the supervisors and put the policy in place before distributing to all officers. Motion by Commissioner Vath, seconded by Commissioner Feind, that we authorize the Chief to conduct the necessary training, develop the necessary policy and issue tasers to his supervisors on a pilot basis and to return to us, at a date satisfactory to him, to continue the distribution of tasers to all his law enforcement personnel. There was some discussion regarding the wording of the motion containing a finite period of time, it was decided to stay with the original motion, The motion carried unanimously. 11. CONSIDER A REQUEST FROM CARLA CHRISTY FOR A WAIVER TO USE ONE ‘AL _BUSI TAX EIPT_(LBTR) RENTAL. ERTIES JCENSES E: 09) TOAC IVE LICENSE: Carla Christy reported on the nature of her request and explained through the state she is eligible for a collective license, but her current licenses do not expire until June 2009. She asked the City allow her to work under one local business tax receipt until she receives her collective license from the state upon renewal. Jan Hancock, the Planning and Zoning Director, reported on the history with Ms. Christy. The City’s Local Business Tax Receipt Ordinance requires a tax receipt for each address, unless they are under a collective license with the state. Ms. Hancock continued to explain Ms. Christy is asking you to do something contrary to our or ordinance and indicated there is a similar situation with one other property owner. Ms, Hancock asked for direction and if the Commission decided to go ahead with the waiver, the Commission extends the same waiver to the other property owner without the need for a separate request. Discussion ensued and included the difference between a collective license and individual license with the State; the intent of the Commission when preparing the ordinance; the requirements of the local business tax receipt ordinance; whether a precedent is being set, amending the current ordinance to include the collective license; not changing the entire ordinance for two properties; the wording for the ordinance; and the fact this is occurring only because of the institution of the new ordinance and the transition of property owners to a collective license. Attorney Smith suggested wording for the motion. J. Nejame was in support of the correction. Motion by Commissioner Vath, seconded by Commissioner Provencher, to direct staff to treat Ms. Christy and Mr. Fisher as they would if Ms. Christy and Mr. Fisher had collective licenses on all rental properties which proper applications have been made for until such time as the current existing state rental licenses expire. Motion carried unanimously. 12. NEW GOLF CART ORDINANCE - COMMISSIONER VATH: Commissioner Vath opened the discussion and reviewed the draft ordinance he distributed via the agenda packet. The intention of the ordinance is to allow citizens to use golf carts with restrictions, Discussion ensued and included the age of the driver; how to impose violation penalties if there is not the need for a license; limiting the hours of operation; the registration process; having an adult do the registration; how to ensure the drivers are registered; the attorney general opinion; the city placing additional restrictions, the area the golf carts could be used; insurance; the need for break lights even during the day; the need for seat belts; using a citation system; using collection agencies; how a moving violation would be handled for a 14 year old; roads designated by the City; and findings of safety on certain roads. Attorney Smith suggested working on the ordinance with Commissioner Vath to have a better understanding of how he would like to see this worked out. It was the consensus of the Commission to include within the ordinance the Page 3 of 4 12/18/2008