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REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION SEPTEMBER 25

2008 AT 5 M AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE


30 P

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 Interim 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 Mealy called the meeting to order at 5
30
m
p

2 PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENCE TO


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

3 PROCLAMATIONS AND AWARDS Mayor Baker read a


proclamation declaring
September MDA Fire Fighter Appreciation Month and it to Assistant Chief Wood
as
presented
and Firefighter Scott Jackson She encouraged the citizens to be generous when the firefighters
present the boot to them during their fund raising drive

4 DELETIONS AND CHANGES TO THE AGENDA Item 18 20 26 and 27 were removed


from the agenda

5 COMMENTS REGARDING ITEMS NOT ON THE AGENDA CITIZENS ARE


ENCOURAGED TO SPEAK HOWEVER COMMENTS SHOULD BE LIMITED TO
THREE MINUTES Hilda Carr Allen Francisco Ray Claude Ann Hall Tim McCann Steve
Settle Charles Hall Alberta Gentile Carm Mazneck and Colleen Conklin expressed concerns
regarding the possible development of Ocean Palm Golf Course John Horran expressed concern
regarding revitalization of downtown He didn
t believe it time to be
was a
prudent discussing a
new
City Hall Phyllis Carmel felt strongly that the needed to support the businesses and
City
wanted the sign ordinance on a fast track Robert Chase commended the fireman and the EMT
for their work Mr Chase noted the large attendance at the
meeting Richard Price spoke of the
history of the Golf Course and expressed concern
regarding taxes and the proposed new City
Hall

CONSENT AGENDA

6 APPROVE THE MINUTES FOR THE REGULAR MEETING OF AUGUST 25 2008


AND THE WORKSHOP S OF AUGUST 27 2008 AND SEPTEMBER 8 2008
MEETING

7 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

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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 Provencher seconded by Commissioner Feind we


approve Items 6
through 12 the consent The motion carried
on
agenda unanimously

GENERAL BUSINESS

13 CONSIDER APPROVAL OF A SPECIAL EVENT APPLICATION WITH CITY CO


SPONSORSHIP FOR THE TOMMY TANT 9TH ANNUAL MEMORIAL SURF CLASSIC
TOM BARBARA TANT Tom Tant and Barbara Tant requested the Co the 9
City Sponsor
Annual Tommy Tant Surf Classic and Food Festival The Tants showed from Fuel TV
a
clip
and spoke about the size of the audience this particular program reaches Mrs Tant explained
the inspiration for the surf classic was her son and his love for Flagler Beach and the community
Mr Tant
explained how the food festival got started and requested with the Commission s
to use the as a food event from 3 to 8 for the local
permission pier tasting m
p restaurants He

requested the use ofVeterans Park for a band concert


Caryn Miller donated the s tent for
CRA
their use Gary the chef from the Blue shared his recollection of his 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

sponsoring not to exceed 700


co 00 for police support and contingent upon us getting for
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
unanimously Commissioner Mealy recessed the meeting at 6 42 p m The meeting reconvened
at 55 p
6 m

14 TIME CERTAIN 6
30 P
M A PRESENTATION DISCUSSION AND

DIRECTION TO STAFF RELATED TO THE FINANCING PLAN FOR THE NEW CITY
HALL MUSEUM INTERIM CITY MANAGER Bernie brief of the
Murphy gave a
history
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item and a
proposed financing plan Bob Chase Phyllis Carmel Dave Robell Richard Price
Coralee Leon Bill Christy Diane Cline and John Darrow the issue Discussion
spoke on

centered around having town hall meeting Motion


a
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

B QUENTIN L HAMPTON ASSOCIATES INC SITE EVALUATION REPORT


INTERIM CITY MANAGER AND PLANNING AND ZONING DIRECTOR Mr Henry
Woodruffe reviewed his findings doingafter
feasibility the
study discussions with staff and the
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
there were
appreciable wetland on the property wetland near the site would not be
any

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

15 DISCUSSION WITH FLAGLER COUNTY OFFICIALS REGARDING INTERLOCAL


AGREEMENT ON BEVERLY BEACH WATER INTERCONNECT INTERIM CITY
MANAGER TIME CERTAIN 7
00 P
M Mr Murphy reviewed
portion of the conflict
a

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

agreement Attorney Smith clarified the agreement would replace and supersede Section 4
6 in
the Settlement Agreement Discussion regarding the City
s capacity the citys current flow and
current capacity and the reserves in question were discussed at length Motion by
Commissioner McGrew seconded by Commissioner Provencher we move ahead with the
interlocal agreement on Beverly Beach water interconnect The motion and the second were

amended to include the changes the wording nor shall selling party be required to provide more

than its available potable water And the selling party shall not be liable to the requesting party or
its customers for any interruptions etc as well as other changes noted The motion carried
four to one with Commissioner Vath voting nay Commissioner Mealy asked that the short
term
rental be the next item It was the consensus of the Commission to grant her request
Commissioner Mealy adjourned the meeting 05 p
9 m The reconvened at 9
20 p
meeting m
The agenda moved to Item 25

16 PRESENTATION DISCUSSION AND PROVIDE DIRECTION TO STAFF RELATED


TO THE FINANCING PLAN FOR THE MASTER STORMWATER PLAN INTERIM CITY
MANAGER This item moved to the October 30 2008
was
agenda

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17 PROVIDE DIRECTION RELATED TO THE PROPOSED ADULT ENTERTAINMENT
INTERLOCAL AGREEMENT Mr Murphy outlined the need for the item in order to the
give
new attorney direction It was the consensus of the Commission for Attorney Smith to pick this
up as a
priority item The agenda moved to item 19

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 Attorney Smith read the title ofthe resolution into the record Mr Murphy
outlined the need for the resolution Motion by Commissioner McGrew seconded by
Commissioner Feindapprove Resolution 2008
55 The motion carried after
we
unanimously a

roll call vote The agenda moved to Item 21

20 RESOLUTION 56
2008 OPPOSING AN AMENDMENT TO THE 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 582007 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 11 PROVIDING FOR CONFLICT PROVIDING AN EFFECTIVE DATE
Attorney Smith read the title of the resolution into the record Motion by Commissioner

McGrew seconded
by Commissioner Provencher we
adopt Resolution 2008
57 The motion
carried unanimously after a roll call vote The agenda moved to Item 24

22 RESOLUTION 58
2008 AMENDING RESOLUTION 63
2007 EXHIBIT 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 was moved to the October 16th meeting

23 SIGN EASEMENT AGREEMENT FOR THE 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 Mealy announced City Clerk Apperson


became a finalist for the Clerk ofthe Year 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

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CONDOMINIUMS AS RESORT CONDOMINIUMS PROVIDING FOR DEFINITIONS
PROVIDING FOR APPLICABILITY AMENDING APPENDIX A LAND
DEVELOPMENT REGULATIONS ZONING SCHEDULE OF USE ADDING 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 RESORT DWELLINGS AND RESORT CONDOMINIUMS
ESTABLISHING A RESORT DWELLING AND RESORT 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 FOR SEVERABILITY PROVIDING FOR CONFLICT PROVIDING AN
EFFECTIVE DATE HEREOF FIRST READING Smith read the title of the
Attorney
ordinance into the record Changes to the document were discussed Commissioner Vath
requested clarification 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 approve Ordinance 2008


08 as amended on the first reading The motion carried
four to one after roll call vote with Commissioner Vath nay The moved to Item
a
voting agenda
17

26 ORDINANCE 14
2008 AMENDING APPENDIX A LAND DEVELOPMENT
REGULATIONS SECTION 00
02 DEFINITIONS
2 TO INCLUDE DEFINITIONS FOR

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LIVEABOARD 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 STAFF RECOMMENDS THE ORDINANCE BE TABLED TO THE OCTOBER
30 2008 CITY COMMISSION MEETING This item was removed from the agenda

27 ORDINANCE 15 AMENDING
2008 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 2 06 02
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 were given

29 ADJOURNMENT Motion by Commissioner Provencher seconded Commissioner


by
Feind to adjourn the meeting at 14
11 m
p The motion carried unanimously

J e
Mealy Chairm

A
Angela M Apperson City Clerk

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