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REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION At1GUST 28 2008

AT 5 M AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE


30 P

PRESENT Mayor Alice M Baker Chairnlan Jane Mealy Chairman John


Vice Feind
Commissioners Joy McGrew Linda Provencher Ron Vath City Attorney Charles Cino Interim
City Manager Bernie Murphy Public Works Director
CityEngineer Bob Smith Interim Finance
Director Kathleen Doyle Community Redevelopment Director Caryn Miller and
Deputy City
Clerk Penny Overstreet

I CALL THE MEETING TO ORDER Chairman Mealy called the to order 31


5
meeting at

m
p

2 PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENCE TO


RECOGNIZE THE MEMBERS OF THE ARMED FORCES Baker led the to
Mayor pledge
moment of silence
the flag followed by a

3 PROCLAMATIONS AND AWARDS Mayor Baker thanked Cino for his hard
Attorney
work noted his length of service and presented him with a
plaque of appreciation

4 DELETIONS AND CHANGES TO THE AGENDA Items 9 and 15 Item 28


were
pulled
will be tabled until 11 Items 29 and 30 will be tabled until September 25
September Motion
by Commissioner Vath seconded by Commissioner Provencher that we continue Ordinance
number 2008
14and 2008
15 to the second in
meeting September 2008 which is September
h
25 The motion carried unanimously

5 COMMENTS REGARDING EMS NOT


I ON THE AGENDA CITIZENS ARE
ENCOURAGED TO SPEAK HOWEVER COMMENTS SHOULD BE LIMITED TO
THREE MINUTES Mr Deidrick the AlA and
expressed concern
regarding garbage pick
up on

the Mr Chase felt there of securing the trash


not alley was a means
pole He can to a

all the work of the sanitation Richard Price


appreciated department expressed concern regarding
the street lighting on A I A since the storm He requested someone from the City call FPL

l
CONSEN AGENDA

6 APPROVE THE MINUTES FOR THE REGULAR MEETING OF AUGUST 7 2008 AND
THE S OF JULY 29 2008 AND AUGUST 7 2008
WORKSHOP MEETING

7 APPROVE AN UNCLASSIFIED HOME BUSINESS TAX RECEIPT FOR CATALINA


HOME SERVICES LLC LOCATED AT 1855 SOUTH FLAGLER AVENUE FLAGLER
BEACH

8 APPROVE AN UNCLASSIFIED HOME BUSINESS TAX RECEIPT TO OPERATE


OFFICE DETAIL AT 601 CUMBERLAND DRIVE FLAGLER BEACH

9 APPROVE 2009 MUNICIPALITIES WORKSHOP PROPOSED MEETING SCHEDULE


FOR 2009 This item has been pulled

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10 APPROVE LETTER OF INTENTION TO ATLANTIC TRUCK CENTER FOR THE
PURCHASE OF A 32 YARD SANITATION TRUCK

Motion by Commissioner McGrew seconded by Commissioner Provencher we approve Items


6 7 8 and 10 on the consent
agenda The motion carried unanimously The agenda moved to
Item 21

GENERAL BUSINESS

11 DISCUSSION AND POSSIBLE ACTION REGARDING WIRELESS SERVICE


PROVIDED FROM BRIGHTHOUSE NETWORKS AS A PILOT PROJECT CARYN
MILLER CHRIS AYERS TIME CERTAIN 00 P
6 M Ms Miller Mr
explained Ayers
informed her that Brighthouse would still like to do the wireless project at no cost to the City
however corporate would like to hold off on the project until 2009 He did indicate he would be
able to do one station and it would radius of 1500 feet Mr has to do it
cover a
Ayers proposed
at the corner of 100 and A1 A or
maybe the corner of South d
2 and A 1 A in orderencompass to

the pier city hall the park and as much as he can of the core downtown businesses This

proposal would include any contractual obligation from the city


not Ms Miller asked for
consensus from the Commission to move forward if this is something they believed would
enhance the business community Mr Murphy asked the Commission to review the draft
contract thatpresented to them and get back to him with any questions He in turn will ask
was

the questions of Mr Ayers Richard Price questioned the technology and how this would work
Dave Robell asked if the City looked at other
companies Ms Miller reported the Economic
Development Task Force researched four separate companies and explained why Brighthouse
contacted Mr Chase asked what is wireless and how will it benefit the
was
City
Commissioner Mealy outlined the reasoning and how it would benefit the businesses as a service
they could offer Consensus was
given to Ms Miller for her to move forward on this item

12 CONSIDER A REQUEST TO WAIVE THE FEE FOR A BUSINESS TAX RECEIPT FOR

FLAGLER BIBLE FELLOWSHIP MARK CONROY Mr Conroy explained the nature of his
request Discussion included the
fellowship location the amount of money would need
they to

pay now Attorney Cino suggested deferring the application until October 1 Motion by
Commissioner Feind seconded by Commissioner Provencher we
deny the request for the
waiver and we defer the application until October 1 The motion carried unanimously

13 CONSIDER A REOUEST TO ALLOW MANUFACTURING OF OUTDOOR


FURNITURE WHICH REQUIRES SPECIFIC COMMISSION APPROVAL WILLIAM
CARPS Mr Carps explained the nature of his request He spoke of the tools necessary to do
this work Commissioner Vath did not feel the zoning permitted manufacturing Commissioner
Feind informed Mr the
shop would need to be in light industrial or industrial zoning in
Carps
order to manufacture Mr Carps informed the Commission he would be doing custom orders
Commissioner Provencher asked if Mr Carps could manufacture at another location and
bring
the product to sell here in the City He responded he could do that Commissioner Mealy
reviewed the Commission would have to deny this specific Bob Chase felt Mr Carp was trying
to be a good citizen and to let him manufacture his
goods Mr Carps outlined where he lives and
try to infer that the manufacturing would not disturb the neighborhood Mayor Baker outlined
the only zoning for manufacturing was in light industrial Mr Carps did not live there Motion

by Commissioner McGrew seconded by Commissioner Vath we deny the request for

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manufacturing of outdoor furniture The motion carried unanimously Commissioners McGrew
and Mealy expressed their sympathies with Mr Carp Mr Carp asked if he could sell them at
the location He asked if he could cut the pieces and assemble them at the location He was
referred to staff

14 CONSIDER A REQUEST TO ALLOW MANUFACTURING OF CLOTHING AND


BLANKETS WHICH REQUIRES SPECIFIC COMMISSION APPROVAL MICHELLE
POLLIO Commissioner
WILLIS Mealy read the item into the record Ms Willis
Pollio was

not in attendance The item was continued to the next meeting

15 CONSIDER APPROVAL OF A SPECIAL EVENT APPLICATION FOR THE TOMMY


TANT 9TH ANNUAL MEMORIAL SURF CLASSIC TOM BARBARA TANT This item
was
pulled to be addressed at another meeting

16 COMPILE 2009 LEGISLATIVE PRIORITIES LIST FOR SUBMISSION TO THE


NORTHEAST FLORIDA REGIONAL PLANNING COUNCIL CommissionerMealy stated
the county received a request from the state legislature and asked for suggestions Commissioner
Vath suggested possible relief for slip line project for sewers and approach them as a utility
issue He asked for relief the taxes or ask for relief regarding the Pier Submerge
on
legislative
land lease fees Commissioner Vath also wanted what the
to see
legislature could do for the
Morningside Sewer Project Commissioner wanted they keep the various grants
to ensure
Mealy
that have been applied for are in the forefront Mr Murphy suggested stormwater and beach
erosion Richard Price asked if the funds needed to drill the Well could be on the list The
Commission decided the issues to
go before the County to forward to the Northeast Florida
Regional Planning Council were
slip line project for sewers and approach them as a utility
issue Pier Submerge land lease ask for relief on the taxes or ask for legislative relief
Morningside Sewer Project stormwater and beach erosion

17 RESOLUTION 2008
46 AMENDING RESOLUTION 2007
58 WHICH ADOPTED THE
FY 07
08 BUDGET TO REFLECT A BUDGET AMENDMENT TO PROVIDE FUNDS
NEEDED FOR PAYMENT OF THE ANNUAL LEASE AND SUPPLEMENTAL BILLING

FOR THE SUBMERGED LAND LEASE FOR THE FLAGLER BEACH PIER PROVIDING
FOR CONFLICT AND PROVIDING AN EFFECTIVE DATE Attorney Cino read the title of
the resolution into the record Motion by Commissioner Vath seconded by Commissioner
Provencher to approve Resolution 2008
46 amending Resolution 2007
58 The motion carried
unanimously after a roll call vote

47 DECLARING AN ITEM TO BE SURPLUS PROVIDING FOR


18 RESOLUTION 2008
CONFLICT PROVIDING AN EFFECTIVE DATE Attorney Cino read the title of the
resolution into the record Commissioner Provencher needed clarification
regarding the item
She informed the item the truck the
City put up for auction Motion
was was
by Commissioner
Provencher seconded by Commissioner Feind we approve Resolution 2008
47 The motion
carried unanimously after a roll call vote

2008 AUTHORIZING THE SUBMISSION OF AN APPLICATION


19 RESOLUTION 48
FOR THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM FRDAP
TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR FEDERAL
FISCAL YEAR 2009 FOR THE DEVELOPMENT OF THE OCEAN WALK PARK

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PROJECT PROVIDING FOR CONFLICT AND PROVIDING AN EFFECTIVE DATE
Attorney Cino read the title of the resolution into the record Commissioner Mealy reviewed the
need for the resolution Commissioner Vath reported for clarification this resolution is a

requirement of the grant and this required no match from the City He requested if the City
receives the money staff should use stainless steel or cad plated nails Motion by Commissioner

Vath seconded Commissioner Provencher to approve Resolution 2008


48 The motion carried
unanimously after a roll call vote

20 RESOLUTION 49 AUTHORIZING THE SUBMISSION OF AN APPLICATION


2008
FOR THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
FRDAP
TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR FEDERAL
FISCAL YEAR 2009 FOR THE DEVELOPMENT OF THE PAL AND IRMA PARKER SR
CONSERVATION PRESERVE PARK PROJECT PROVIDING FOR CONFLICT AND
PROVIDING AN EFFECTIVE DATE Attorney Cino read the title of the resolution into the
record Commissioner Vath reported this
was a project the
City did for relief of stormwater in
this section of town Motion by Commissioner Feind seconded by Commissioner McGrew we
approve Resolution 49
208 The motion carried unanimously after a roll call vote

Commissioner Mealy recessed the meeting at 2


6 7 m
p The meeting reconvened at 6
44 p
m
The agenda moved to Item 22

21 RESOLUTION 2008
50AMENDING RESOLUTION 582007 WHICH ADOPTED THE
FY 07
08 BUDGET TO REFLECT A BUDGET AMENDMENT TO PROVIDE FUNDS TO
DEPOSIT THE ADDITIONAL REQUIRED CITY CONTRIBUTION TO THE FLAGLER
BEACH POLICE PENSION FUND Attorney Cino read the title of the resolution into the
record Mr Charlie Helm made himself available for questions Commissioner Vath
questioned
the reduction Kathleen Doyle Interim Finance Director explained to Commissioner Vath the
amount reflected the police vehicles that were not
purchased Motion by Commissioner
McGrew seconded by Commissioner Feind to approve Resolution 2008 50 The motion
carried unanimously after a roll call vote The agenda moved to Item 11

COMMISSION COMMENTS

22 COMMISSION COMMENTS
Mayor Baker attended the groundbreaking ceremony for the
new control tower at the
Flagler County Airport She reported on a letter entitled It s

Elementary from s
Children Campaign Inc wanting better qualified teachers for K
Pre
Mayor Baker thanked the City Manager and the Assistant City Manager for the on going
communication from the EOC during the storm Commissioner Vath reported on the MPO
Meeting and the of truck traffic He noted a letter from the Flagler County
topic came up
Sheriffs Office offering Bicycle Safety Course for children up to 16 year so old on September 6
2008 Commissioner McGrew commended staff for their response during the storm She asked
citizens to be prepared this hurricane season Commissioner Mealy reported on her attendance at
the Channel 199 Board Meeting and reported the Commission Meetings have been viewed by the
on demand service She reported the number of viewers has increased She attended the
County Chamber and reported between the Chamber and
Meeting on an
upcoming event

Enterprise Flagler and noted Congressman Mica will be speaking She referred to a letter from
the Guardian ad Litem Program requesting a donation of bicycles for the Flagler County Group
home and thanked staff for their work during the storm and the clean up after Commissioner

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Mealy reminded one and all of the ls Friday event
coming up She wished Penny Overstreet a

happy birthday

PUBLIC HEARING

23 01
08
FPR A REQUEST FOR A FINAL PLAT APPROVAL TO SUBDIVIDE 2
79
ACRES INTO 10 INDIVIDUAL COMMERCIAL LOTS THE 2
79 ACRES OF BUNNELL
DEVELOPMENT COMPANY PART OF TRACT 4 BLOCK D SOUTH OF SR 100 EAST
OF SR 201 JOHN ANDERSON HWY WEST OF CONNECTICUT AVENUE AND NORTH
OF JOYCE STREET PROPERTY ALSO KNOWN AS 2201 MOODY BLVD OWNER
GREG JOHNSTON APPLICANT 2201 LLC REPRESENTED BY KAY JOHNSTON
M GRM Attorney Cino reported this item was the final site plan He asked if anyone was here
to represent them Motion by Commissioner McGrew seconded by Commissioner Feind we
continue Item 23 FPR 08
01until next
meeting The motion carried unanimously

24 ORDINANCE 2008
08 RELATING TO THE RENTAL OF FAMILY
SINGLE HOMES
AS RESORT DWELLINGS RELATING TO THE RENTAL OF CONDOMINIUMS AS
RESORT CONDOMINIUMS PROVIDING FOR DEFINITIONS PROVIDING FOR
APPLICABILITY AMENDING APPENDIX A LAND DEVELOPMENT REGULATIONS
ZONINGSCHEDULE OF USES ADDING RESORT DWELLING AND RESORT
CONDOMINIUM AS PRINCIPAL PERMITTED USES IN GENERAL COMMERCIAL GCS
AND TOURIST COMMERCIAL TC ZONING DISTRICTS ALLOWING FOR
CONTINUATION OF RESORT DWELLINGS AND RESORT CONDOMINIUMS IN
RESIDENTIAL AREAS WHICH HAVE MADE APPLICATION TO THE STATE OF
FLORIDA OR LOCAL BUSINESS TAX RECEIPT WITH THE CITY OF FLAGLER BEACH
AS OF DATE CERTAIN AMENDING CHAPTER 18 ARTICLE II BUSINESS TAX
PROVIDING FOR A FLAGLER BEACH LOCAL BUSINESS TAX RECEIPT FOR RESORT
DWELLINGS AND RESORT CONDOMINIUMS ESTABLISHING RESORT DWELLING
AND RESORT CONDOMINIUM REQUIREMENTS PROVIDING FOR REQUIRING
LOCAL REPRESENTATION FOR A LOCAL BUSINESS TAX RECEIPT APPLICATION
FOR RESORT DWELLINGS AND RESORT CONDOMINIUMS REQUIRING THE FILING
OF A RESORT DWELLING AND RESORT CONDOMINIUM COMPLIANCE MINIMUM
APPLICABLE STANDARDS FORM ACKNOWLEDGING RECEIPT OF NOTICE OF
CERTAIN HOUSING AND DEVELOPMENT STANDARDS PROVIDING FOR
ENFORCEMENT AND PENALTIES PROVIDING FOR DENIAL OF THE LOCAL
BUSINESS TAX RECEIPT PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES PROVIDING FOR SEVERABILITY PROVIDING FOR CONFLICT
PROVIDING AN EFFECTIVE DATE HEREOF SECOND AND FINAL READING Attorney
Cino read the title of the ordinance into the record Commissioner Vath read a prepared
statement into the record outlining areas of concern and
possible requirements as well as
whether the ordinance was legally defensible Commissioner Feind expressed concern regarding

grandfathering the home with the license rent minimum stays as well as where the resort
to

dwellings could be zoned Mayor Baker felt strongly against the ordinance Commissioner
Provencher the
enforceability of a minimum stay Commissioner Mealy had specific
questioned
issues with some of the wording of the ordinance There was quite a bit of discussion about
minimum stays the enforceability of that requirement phasing out the resort dwelling for the
addressees having the new attorney review the ordinance and having a workshop Motion by
Commissioner Vath seconded by Commissioner McGrew we table the ordinance at this time

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and have staff and elected officials set a date for a
workshop to revisit the Ordinance 2008
08
The motion and the second amended to include to consult with Smith when
were
Attorney as to

he will be available for the workshop having reviewed the ordinance in its current form The
motion and the second amended again to include to
were
accept normal public input at that
workshop The motion carried 4 to 1 with Commissioner There
Mealy voting no was no
public
hearing on this item

NCE 2008
ORDINA
25 10 AMENDING APPENDIX A LAND DEVELOPMENT
REGULATIONS SECTION 41
03 IRRIGATION METERS SUBSECTION U
5 A EST
FOR METER INSTALLATION TO EXEMPT GOVERNMENTAL PURPOSES
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES PROVIDING FOR

CONFLICT AND PROVIDING AN EFFECTIVE DATE SECOND AND FINAL READING

Attorney Cino read the title of the ordinance into the record The public was
opened hearing
No comments were received The public hearing was closed Motion by Commissioner
McGrew second by Commissioner Vath to adopt Ordinance 2008
10 The motion carried

unanimously after a roll call vote

26 ORDINANCE 11
2008 AMENDING APPENDIX A LAND DEVELOPMENT
REGULATIONS ARTICLE V DEVELOPMENT DESIGN AND IMPROVEMENT
STANDARDS TO ADD SECTION 5
07 REDEVELOPMENT AREA STANDARDS AND

REAFFIRMING SECTION 06
5 CLEARING AND GRADING PROVIDING FOR
SEVERABILITY PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES
FOR CONFLICT
PROVIDING AND PROVIDING AN EFFECTIVE DATE SECOND AND
FINAL READING Attorney Cino read the title of the ordinance into the record The public
hearing was opened No comments were received Thepublic hearing was closed Motion by
Commissioner McGrew seconded by Commissioner Provencher we adopt Ordinance 2008
11
The motion carried unanimously after a roll call vote

27 ORDINANCE 12
2008 AMENDING CHAPTER 14 OFFENSES AND
MISCELLANEOUS PROVISIONS AMENDING ARTICLE III EMERGENCY
MANAGEMENT AMENDING SECTION 14
41 DEFINITIONS TO ADD DEFINITIONS
RO CURFEW DEBRIS MANMADE DISASTER
F NATURAL DISASTER
PRIVATE PROPERTY PRIVATE STREETS ROADS ROADWAYS AND RIOT
AND UNLAWFUL ASSEMBLY
AMENDING SECTION 46 TO
14 TITLED BE

CLEARING OF DEBRIS FROM PRIVATE STREET ROADS AND ROADWAYS AND


OTHER PRIVATE PROPERTY AFTER A DISASTER AND CREATING SECTION 14
47
TO BE TITLED VIOLATION UNLAWFUL PROVIDING FOR SEVERABILITY
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES PROVIDING FOR
CONFLICT AND PROVIDING AN EFFECTIVE DATE HEREOF SECOND AND FINAL
READING Attorney Cino read the title of the ordinance into the record The public
hearing
opened Richard Price needed clarification the title and wanted know the times
was
regarding to

of the curfew hours It


explained was the curfew would be enacted
during course of an the
emergency The public hearing was closed Motion by Commissioner McGrew seconded by
Commissioner Feind we adopt Ordinance 2008
12 The motion carried unanimously after a
roll call vote

28 ORDINANCE 13 ADOPTING
2008 A LARGE SCALE AMENDMENT TO THE
FLAGLER BEACH COMPREHENSIVE PLAN AMENDING FUTURE LAND USE

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ELEMENT POLICY H CONSERVATION
3
1
A COASTAL ELEMENT POLICY E 1 11 1
AND THE FUTURE LAND USE MAP BY ADDING A DOWNTOWN USE
MIXED
OVERLAY A DOWNTOWN SR AlA RETAIL CORRIDOR OVERLAY AND A
DOWNTOWN RESIDENTIAL NEIGHBORHOODS OVERLAY APPROVING THE
TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS IN ACCORDANCE WITH SECTION 3191
163 FLORIDA
STATUTES PROVIDING FOR CONFLICT AND SEVERABILITY AND PROVIDING AN
EFFECTIVE DATE FIRST READING This item tabled until the September 11
was
agenda

29 ORDINANCE 14
2008 AMENDING APPENDIX A LAND DEVELOPMENT
REGULATIONS SECTION 00
02 DEFINITIONS TO INCLUDE DEFINITIONS FOR
2
LIVE ABOARD VESSEL VESSEL HOUSEBOAT FLOATING STRUCTURE AND
BARGE AMENDING DEFINITION OF MARINA ACCESSORY USE TO 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 Motion by Commissioner Vath seconded by Commissioner Provencher we

continue Ordinance 2008


14 and 2008
15 to second in September 2008 which is
meeting
September 25
h The motion carried unanimously

30 ORDINANCE 15
2008 AMENDING APPENDIX A LAND DEVELOPMENT
REGULATIONS PROVIDING FOR STANDARDS FOR 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
INCLUDE FLOATING STRUCTURES AMENDING ARTICLE II SECTION 06 02
2
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
Motion by Commissioner Vath seconded by Commissioner Provencher we continue Ordinance
14 and 2008
2008 15 to second meeting in September 2008 which is September h25 The
motion carried unanimously

STAFF REPORTS

31 STAFF REPORTS City Attorney thanked staff and Commission for the and the
plaque
cake He did make himself available if the City needed any further help from him He reported
the Pillitieri case won on the appellate level Mr Cino requested the City pursue attorney fees
for the amount of the 5
0 00 deductible Commissioner Provencher asked Mr
Murphy to find
out what happened to the letter
regarding the changes in the garbage pick
up Mr Murphy
indicated the City may need to put it out again He reported the EOC will be having a
conference to update the City Managers regarding the storms Mr Murphy thanked the Mayor
and Commissioners for their positive comments regarding the storm Caryn Miller let the
Commissioners know Attorney Cino was the person who pushed her to taking the job with the
City Deputy City Clerk thanked Commission for their support during the City Clerk
s absence

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32 ADJOURNMENT Motion by Commissioner seconded
Provencher by Commissioner
Feind to adjourn the meeting at 10 p
8 m The motion carried unanimously

r
J Mealy Chairman

Penny Overstreet Deputy City Clerk

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