GULAR MEETING OF THE FLAC

RF LER BEACH CITY COMMISSFON JULY 10 2008 AT

30 P
5 M AND TO BE CONTINUF
D iJNTIL I
RMS ARE COMPLETE
PRESF
NT Mayor Alice M Baker Chairman Jane Mealy Vice Chairman John Feind
Commissioners Joy McGrew Linda Provencher Ron Vath City Attorney Charles Cino Interim
City Manager Bernie Murphy Planning 8c Zoning Director Jan Hancock Public Works
City Engineer Bob Sniith Interim Finance Director Kathleen Doyle Community
Director
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 35
5
m
p
2 PLEDGE OP ALLEGIANCE FOLLOWED BY A MOMENT OF SILENCE TO
RECOGNIZE THE MEMBERS OF THE ARMED FORCES Commissioner Provencher led the
pledge to the flag followed by a moment of silence
3 LIONS AND AWARDS
YROCLAMA
4 DELETIONS AND CIIANGES TO IIF AGP
NDA Item 13 was removed from the
agenda
5 COMMENTS REGARDING ITEMS NOT ON THE AGENDA CITIZENS ARE
DTO SPEAK
FNCOLJRAGF HOWEVER COMMENTS SHOULD BE LIMITED TO
TIIREE MINUTES J NeJame requested the City notify Flagler County of a derelict boat on
their property Ed Kuhnlcin thanked the Commission for his appointment to the Code
Enforcement Board He requested a letter be sent to the Governor requesting the Driver Liccnsc
Of13ce remain in the City Coralee Leon handed out an editorial from the July 7 newspaper
regarding short terns rentals and possible unintended consequences Bob Chase asked why the
DAV was not able to use the park for their fundraising efforts over the 4 of July to which
Commissioner Feind explained the air
rights issues
CONSENT AGENDA
6 APPROVE fI IE MINUTES FOR THE REGULAR MEETING OF JUNE 26 2008 Motion
by Commissioner McGrew seconded by Commissioner Provencher to approve minutes from
the Regular Meeting of June 26
x fhe motion carried unaninio usly
ALBUSINESS
GENEIZ
7 A CONSIDER AND DISCUSS THE ANIMAL ORDINANCE COMMIS SIONER
PROVENCHER
B APPROVE THE 2009 ANIMAL
2008 fROL AGREEM EN
CON f WITH
FLAGLER COUNTY The items were discussed together Commissioner Provencher asked
Donna Howard the background of the Humane Society ordinance Ms Howard explained the
ordinance was given to the City as a model or for the City to incorporate as they saw fit when
drafting asa tonew ordinance times
Commissioner Yrovenchcr requested clari tication and a possible
change the number of animal control is called and a question of whether a stipulation
Page of 5 07 O 2008
should be put in the contract or the ordinance regarding the responsibility of placing a dangerous
animal in confinement at the Humane Society after hours Ms Howard requested the City
communicate to the Police Department to call the animal control officer before the Police

Department picks up the animal She suggested should the residents of the City have a problem
with a dangerous animal to call the Sheriff
s Department and they will dispatch them out

Wording in the ordinance was discussed at

length The declaration of
dangerous dog was also a

discussed Carolyn Marlow thanked everyone for their cooperation Coralee Leon need
clarification regarding the situation with the Marlow
s dog Nanci Scarci asked for training of
the police officer The following changes will be made to the contract monthly reports be sent
to the City reports of any attacks be received by the next business day the reference to 8 hours

a
day be changed to normal business hours after hours response guidelines be provided to the
Flagler Beach Police Department and to delete the reference to Flagler County as to not exclude
the residents of the City residing in Volusia County Motion by Commissioner Feind seconded

by Commissioner Provencher we approve the contract with the Humane Society as amended
and authorize the necessary signatures The motion carried unanimously Commissioner
Provencher suggested putting tougher restrictions in the ordinance as well as some wording

reflecting the need for the owners of dangerous dogs to have insurance It was the consensus of
the Commission that Commissioner Provencher work with Attorney Cino and Mrs Kania to

revise the ordinance and if any person wants to add to the ordinance they should contact

Commissioner Provencher

8 CONSIDER A REQUEST TO WAIVE PENALTIES AND INTEREST ON THREE

LOCAL BUSINESS TAX RECEIPTS REMAX OCEANSIDE REPRESENTED BY RUSS

SABOE Commissioner Mealy read the item into the record Jan Hancock reviewed the
situation with the Commission She requested support documentation from the applicant and to

date has not received it Ms Hancock suggested denial of the request Mayor Baker felt
strongly the request should be denied Commissioner Feind needed clarification on the
communication between staff and Remax Ms Hancock indicated there notices as well as
were

several attempts to retrieve back up documentation for this item Motion by Commissioner

Feind seconded by Commissioner McGrew we deny the request to waive the penalties for the
three delinquent Local Business Tax Receipts The motion carried Ms Jan
unanimously
Hancock noted the staff will up
follow and proceed to code board if not compliant

9 CONSIDER A REQUEST FOR FUNDING IN THE AMOUNT OF 00

000 SOCIETY
1
OF SAINT VINCENT DE PAUL REPRESENTED BY ALLEN PAWLOWSKI Mr
Pawlowski explained the request Discussion about the cause and how so many families are in
need took place Mr Pawlowski suggested if any one would like to make a donation to go to the
store on 400 S Daytona Avenue send to the Flagler Beach P
O Box 1328 in of
or care
Society
of Saint Vincent de Paul Robert Chase suggested the City forgive a water bill for families in
need Caryn Miller reported the Society of St Vincent de Paul is within the CRA and advised
Mr Pawlowski to set up a table on the first Friday event Richard Price was not in favor of
line item in the budget No action taken
putting a
specific was

10 CONSIDER A REQUEST FOR AN UNCLASSIFIED HOME LOCAL BUSINESS TAX

RECEIPT AT 745 LAMBERT AVENUE WALKER CONCEPTS LLC REPRESENTED BY
NORMAN WALKER Mr Walker explained the nature of his request Jan Hancock Planning
andZoning Director recommended approval Motion by Commissioner Vath seconded by
Commissioner Feind to approve the request for approval of an unclassified home local business

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 for Walker Concepts located at 745 Lambert Avenue The motion carried
tax receipt
unanimously

11 CONSIDER A REQUEST FOR AN UNCLASSIFIED HOME LOCAL BUSINESS TAX

RECEIPT AT 1427 S DAYTONA AVENUE WITH NO RAISE IN GARBAGE

COLLECTION FEES BON BONIT LLC REPRESENTED BY BON BONIT Ms Bonit
the of her request Commissioner Provencher informed the applicant that all
nature
explained
home local business tax receipts have an increase in their garbage collection fees She asked the
if she willing to that consideration from her request Ms Bonit was
applicant was remove

willing to do so Jan Hancock recommended approval Motion by Commissioner McGrew

seconded by Commissioner Provencher we the request for an unclassified Home
approve
Business Tax Receipt for 1427 S Daytona The motion carried unanimously

12 PROVIDE DIRECTION RELATED TO THE INSURANCE POLICIES FOR THE CITY

ASSISTANT TO THE CITY MANAGER Ms Kania noted Brown and Brown has offered the

City a
special incentive to sign a cancel rewrite with them She explained this would mean to
cancel current and rewrite them at a reduced rate The City would receive a 7000
policies
rebate as well as
locking in the rates now carrying them through 09 She reviewed the items
1
10
that would and would not be included policy is for property only A question and answer
This

period followed Frank Finati asked if the rewrite would extend the life of the contract Ms
2008 through 10
Kania indicated the contract would be valid from 7
1 09 He
1 inquired if the

City went out for bid Ms Kania explained the current contract with Brown and
competitive
Brown is through 2009 so there was no need to do so Motion by Commissioner Feind
seconded by Commissioner
McGrew accept the offer of Brown and Brown to perform
we a

cancel and rewrite and authorize the necessary signatures The motion carried unanimously

13 ESTABLISHMENT OF FISCAL YEAR 08

09 TENTATIVE GENERAL FUND MILEAGE
RATE FOR THE 420
DR CERTIFICATION OF TAXABLE VALUE FINANCE
DIRECTOR This item was removed from the agenda

14 RESOLUTION 42 AMENDING RESOLUTION 2007

2008 58WHICH ADOPTED THE

FY 08 BUDGET
07 TO REFLECT A BUDGET AMENDMENT TO PROVIDE FOR

INCREASE TO FUNDS FOR SRF LOAN PAYMENT PROVIDING FOR CONFLICT AND
PROVIDING AN EFFECTIVE DATE Attorney Cino read the title of the resolution into the
record Interim Finance Director Kathleen Doyle explained the reason for the resolution Mr

Murphy thought oversight but reminded the Commission the City has been in contact
it was an

with the SRF staff and hope to close out the loan in three months It will decrease the payments
for next year Motion by Commissioner McGrew seconded by Commissioner Feind that we
42 The motion carried unanimously after a roll call vote
adopt Resolution 2008

COMMISSION COMMENTS

15 COMMISSION COMMENTS Mayor Baker read a letter from Janet Wilson praising Bruce

s actions
Garrison to return a cell phone She complimented everyone who had a part in the 4cn
of July Celebration for their work to make the festival at S
a success Mayor Baker noted a spill
Central and SR 100 and for it be cleaned Commissioner Vath noted trip to the
urged to a new

Water Treatment Plant spoke of the illness of the job superintendent and urged for theproject to

continue moving forward He express concern regarding the delays Bob Smith explained the

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Page
issues with Well 12 and Well 13 and the with FPL Commissioner Vath
delay requested an
update on the sand fencing Mr Smith
reported the Sand Fence not as effective
was as
they
would like Commissioner Vath requested an update related to the city
s request to the state to
change the submerged land fee Attorney Cino reported he had not received any communication

regarding the subject in quite some time Commissioner Vath asked Attorney Cino to draft a
letter Representative Proctor Commissioner Vath informed the Commission he would like to
to

investigate the probability of the City having our own building official He would bring this
topic up at the budget workshop Commissioner Vath noted an error on the last green sheets
Summary of Action Follow Up and requested the items no longer be posted to the Internet
as
they are not the official minutes and do not receive Commission review prior to posting
Discussion ensued and it was decided to place the words UNOFFICIAL RESULTS FOR
STAFF USE in the header of the document Commissioner Provencher requested an update on
the presentation of the ordinance for golf carts Attorney Cino indicated he awaits reply from
FDOT related to the crossing at SR 100 and Flagler Avenue She commended the Sanitation

Department on their fine work during the 4t of July andsuggested they might need some help
next year Commissioner McGrew felt the 4 of July was a wonderful event and really enjoy the
change of venue She felt it all worked really well and noted a memo from the Police

Department on the event Commissioner Feind commended the Chamber the Police
Department the Fire Department and Lifeguards for the good job on the 4 of July He spoke to
some ofthe attendees and they enjoyed
having the vendors on Central Commissioner Mealy
on her attendance at the Enterprise Flagler Meeting She indicated the Airport Task
reported
Force has completed their report Commissioner Mealy reported on the meeting with the local
businesses She reported on her attendance at the Flagler County Commission Meeting where
the expansion of Roberts Road was discussed She thanked Jan Hancock for her attendance and
comments Commissioner Mealy also thanked Mr Garrison for his efforts to return the cell

phone as well noted several letters and newspaper articles commending the Jr Lifeguard
as

program She congratulated Officer Burns for finishing in the top 10 at a motorcycle challenge
in New Smyrna Beach

STAFF REPORTS

16 STAFF REPORTS Attorney Cino reported on his conversations with FDOT related to the
Golf Carts He noted the Bachman hearing has been rescheduled Attorney Cino inquired about
the negotiations with the new attorney and noted the need for a transition plan He also suggested
routed off of SR A 1 A
that traffic be re during the fireworks Mrs Kania presented a bumper
sticker from the Volusia County MPO which
depicts the state law requiring a minimum of three
feet between vehicles that are passing bicyclists These stickers will be placed on City vehicles
to
help raise awareness of the legislation Mr Smith reported the no passing zone study the City
requested from FDOT indicates no need for any changes He also reported on a study regarding
the Pier and recommendations for repairs He informed the Commission of a 12 00 cost
000
savings on the Water Treatment Plant Part B Project and indicated the cost to abandon well 12 is

00 however the money is available from the prior 38

000
13 00 allocated for well 12
000
testing He indicated he had started negotiations with Grand Landings to obtain a new easement
for a new well site City Clerk Apperson informed the Commission she will be in and out of the
office over the next several weeks and the Clerk
s Office Staff has her contact information Ms
Miller commended Planning and Zoning Director Jan Hancock on the work she has done to

obtain easement from CVS for sign to inform the publicof ongoing events and the
an a
ongoing
negotiations with the Publix property for the same Mr Murphy noted the expedient work done

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by Caryn Miller to complete in less than 1 week
a grant application which needed to be filed in
relation to the 800 MHZ radio system funding that was approve by Federal appropriation Mayor
Baker also praised Ms Miller
s work on this project

17 ADJOURNMENT Motion by Commissioner Provencher seconded by Commissioner

McGrew to adjourn the meeting at 26 p
7 m The motion carried unanimously

l
J ealy Chairman

M Clerk
Angela Apperson City

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