200

1LAR MEETING OF THE I

REGI ACTLER BEACH CIpI
Y COMMI
N DECEMBER
I
200 AT o ll AND TO BE CON
P
I IIVUED UNTIL
I l I5 ARE COMPLETE
I

PRESENT airlnan Jane

Cl Mealy Vice
Chairman Jahn Feind Commissioners Joy McGrew
Linda Prov
encher Ron ath City Attorney Drew mitl Interim City Manager Bernie Murphy
Planning oning Director Jan Hancock Police hief Dan Cody Public V orks Dire
ctarfCity
Engineer Bob smith Finance Director Cathleen Doyle Communit Redevelopment Director
ilAssistant to the Cit
Caryn er
I r Manager ibb K lllla and Clty Clerk Angela 1
pperson

ABSENT Manor Alice Barer

1 LL THE MEETI TO ORDER

C1 Chairman Mealy called the order at x
35
m
e etin to
rn
p

PLEDGE OF CIANCE
ALLE GrED
FOLLO BY A MOMENT OF SILENCE O
I
E
I
RECOG THE MEMBERS OF FrI lE ARMED CES
OR Commissioner Provencher led the
F

pledge to the tag followed b a nlomGnt silence

oI

3 PRAND A
CLAMATIONS ARIS
A PROCLAMATION DECLARING THE FI OF DECEMBER AS HANK
I
MON Fl YC
i U
FOR N
J
B IT IN FLAGLER Y
JNT
COI MONTH issioner M
l
Con read the
caly
proclamation into the record Shoe presented the ation
proclarr to Doug Baxter from the County
ber of
halr ornmerce
C Lea tol
es from the
Beach Charrlber of Commerce
Flaglcr Tom
ecgan from the Beachside Merchants and David Ayers from wN
F

DELETIONS ANI CHANGES TO THE A

ENDA Item 8 was removed for another date
Items 11 and 14 will be brought to the beginning of the General Business

5 COMMENTS 1NCi
AR
REC ITEMS NOT ON THE EI
A
DA CITIZENS ARE
ED
1RA
ENCO T AK
SPI JVEVIJI
HO iENTS
COMII SHOULD BE LIMITED TO
THREE I
INiJTES Catherine V
lson announced the dov
ltown wTalking tour being sponsored
by the Flagler Beach Historical Museum and presented the brochures that are available at the
museum She reported the number ofisitors to tl
e Museum and asl
i for 1Toluntecrs to be
e
docents Robert Chase e
p ressed concern regarding a recent meeting where a citron was asked
to control his behavior Carla Christy felt she was being linated
discrii against for the fees for
resort rellings
d Because she chooses to manage her Tn
o properties she has to pay an

F but she onlyF has to pay

individual fee for each propert one fee for multiple dwellings with 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 by Commissioner Provencher secondedby Commissioner McGrew to approve the

consent agenda The motion carried unanimously

GENERAL BUSINESS

8 DISCUSSION REGARDING ACQUISITION OF TASERS FOR SUPERVISORS

POLICE CHIEF This item was removed from the agenda The agenda moved to Item 11

9 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 public that there the City has
allowed those businesses in the CRA to have sandwich signs for six months This item is to
allow all businesses in the City limits Ms Hancock noted the same restrictions for the CRA
would apply to the rest ofthe City Caryn Miller clarified the criteria for the sandwich signs no

taller than four feet wider than two feet and any wider than three feet at the base they cannot be

placed the sidewalk the right of way they must be neat and legible for trial of six
on or a
period
months and thesigns must be brought in at the end of the business the business will lose
day or

the 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

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 ZONING DIRECTOR Attorney Smith read the title
of the resolution into the record Commissioner
Mealy introduced the item and
reported the
proposed resolution is charge a 75
to 00 fee for fire inspection She asked Chief Roberts to

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

County charges rough economic times for businesses the fee being too high 50 00 being more

Page 2 of 7 2008
04
12
reasonable relieving businesses of financial burden
a notCity in the position of
putting the
losing money the constant additional costs to businesses overtime not
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
garbage and water and the number of businesses in trouble Motion 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

11 DISCUSSION AND AUTHORIZATION TO STAFF REGARDING COMPLETION OF

THE STORMWATER MASTER PLAN AND THE CRA

LJNDERGROUNDING
STORMWATER
STREETSCAPE PROJECTS INTERIM CITY
MANAGER Bob Smith City Engineer spoke ofthe
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
stormwater streetscaping and undergrounding of utilities over a three year
period as opposed to
a block or two at a time She reviewed a court case that has been resolved and the courts have

resolved what the CRA are able to do and bonding is no longer an issue Ms Miller reported the
costs have not changed She reviewed the cost ofthe
project and the proposed spending funding
Mr Murphy summarized the costs involved Discussion ensued to move forward but the need to
ensure the financing to lessen the burden on families in the future delay the execution of the

bank loans until the City finds out the availability of Federal money no ad valorem tax money
being involved the project being funding by stormwater funds using federal funds and 11 h and
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
negotiated loan pledging 140000 trust fund monies to generate approximately 1 6 million
These monies to be used to complete the CRA streetscaping stormwater and undergrounding

project Also to authorize staff to negotiate a bank negotiated loan pledging up to 150 000
annually in stormwater fees to generate approximately 1 8 million dollars to be used to
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

Page 3 of7 2008

04
12
12 DISCUSS THE PROGRESS AT THE NEW WATER TREATMENT PLANT PUBLIC
WORKS DIRECTOR Bob
Smith City Engineer gave an update on the progress of the water
plant andreported the
plant should be up and running by
January 12 2009 No action was taken
on this item The meeting recessed at 38 p The
m meeting reconvened at 7
55 p
m

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 Commissioner Mealy reviewed
the item Robert Chase voiced concern about the cost of the water and wanted to know when the
new truck would be operating in the
City City Clerk Apperson reported the truck should be here
within the next six months Motion
by Commissioner McGrew seconded by Commissioner
Feind we
adopt Resolution 72 The motion carried unanimously after a roll call vote
2008

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 437
7
38 FOR ADDITIONAL SERVICES Mr
Murphy
noted
typo in the dollar amount in the last sentence starting with This resolution should be
a

930 Commissioner Mealy noted a correction in the dollar amount in the title should read
69
431
7
38 Motion by Commissioner McGrew seconded by Commissioner 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 unanimously

B RESOLUTION 2008
73AMENDING RESOLUTION 2008
54 WHICH ADOPTED THE
FY 08
09 BUDGET TO REFLECT A BUDGET AMENDMENT FOR THE MIRROR LAKE
STORMWATER PROJECT PROVIDING FOR CONFLICT AND 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 73
The motion carried unanimously after a roll call vote The agenda moved to Item 9

15 RESOLUTION 2008
74AMENDING RESOLUTION 2008
54 WHICH ADOPTED THE
FY 08
09 BUDGET TO REFLECT A BUDGET AMENDMENT FOR CHANGES TO THE

CRA BUDGET PROVIDING FOR CONFLICT AND PROVIDING AN EFFECTIVE DATE

Attorney Smith read the title ofthe resolution into the record Commissioner Mealy reviewed the
item for the public Motion by Commissioner McGrew seconded by Commissioner
Provencher we
adopt Resolution 2008
74 The motion carried unanimously after a roll call
vote

16 RESOLUTION 75
2008 OPPOSING ANY AND ALL LEGISLATION WHICH
PROHIBITS MUNICIPAL WATER AND SEWER UTILITIES FROM LEVYING A
SURCHARGE TO CONSUMERS LOCATED OUTSIDE OF THE CITY PROVIDING FOR

CONFLICT AND PROVIDING AN EFFECTIVE DATE Attorney Smith read the title of the
resolution into the record Commissioner Mealy reviewed the history of the item Motion by
Commissioner Vath seconded
by Commissioner Provencher we approve Resolution 2008
75
The motion carried unanimously after a roll call vote

Page 4 of 7 2008
04
12
 COMMISSION COMMENTS

17 COMMISSION COMMENTS Commissioner Vath referred to the DOT letter approving the
golf cart crossing at SR 100 and Flagler Avenue
wondering He was if the Finance Department
could do research in confirming some of the numbers cited
some
by Mrs Hayes in her letter
regarding the Bait 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
reported on some of the mis
information regarding City Center and asked all citizens that are
interested to attend the December 10 workshop Commissioner Feind spoke with the Census
Bureau regarding the City
s population The Census Bureau made a mistake because the Bureau

incorporated some of Flagler Beach

spopulation into Palm Coast s Commissioner Feind asked
the Census Bureau if the Bureau was comfortable with the
University of Florida
s reported

population The Census Bureau advised Commissioner Feind to the

use 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

PUBLIC HEARING

18 A RECEIVE THE REPORT FROM THE CHARTER REVIEW COMMISSION

PROVIDE DIRECTION AS REQUESTED IN THE REPORT Don Deal Chairman of the
Charter Review Commission thanked the members of the Review Commission and the
Commissioners for their choice in appointing them to the review commission and
Angie
Apperson and Penny Overstreet for all the work
they have done for the Charter Review
Commission He reported since the change in legal
representation there has been a different
interpretation of what is required to before the
go voters Attorney Smith outlined the Attorney
General opinion regarding charters that were after Home Rule Mr Deal wanted to
adopted
dispel the rumor that the Charter Review Commission was paid for their job He wanted to let
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
were reviewed A question and answer period followed Mr Deal asked the Commission to
allow the Review Commission to continue to meet in order to address issues such
periodically
as educating the public on the ballot questions and to review issues identified in the charter as a

deficiency and to address those issues during another election It was the consensus of the
Commission to put the Item to continue to meet the next
on
agenda

Page 5 of7 2008

04
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B 18 SUBMITTING TO THE ELECTORS OF FLAGLER BEACH
ORDINANCE 2008
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 PROVIDING FOR AN EFFECTIVE DATE FOR APPROVED

AMENDMENTS PROVIDING FOR AN EFFECTIVE DATE FOR THE ORDINANCE

FIRST READING Attorney Smith read the title ofthe ordinance into the record Commissioner

Mealy wanted to point out a few

grammatical errors before the ordinance passed She referred to
page 3 of 21 strike aand change the word voter to voters page 4 Section 2 06 b strike the a
and change commissioners to commissioner and replace his with a
gender neutral change the
office to their office page 5 0
2 9 fourth line down the election results add a period and start a
new sentence with No other meeting shall be held at that time She continued and referred to

7 Section 0
3 1 second line to the bottom should be in the possessive form
page mangers
page 8 Section 04
3 second line toward the end again managers should be in the possessive
form page 13 b delete a and make voter plural and in C there should be colon instead of a
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
a

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
only change to Section 2 12b under this ballot question that

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
hearing was opened No comments were received The public hearing was closed Motion by
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

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

contract and come back tv the Commission at the next meeting 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

Page 6 of 7 2008
04
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 AFF REPORTS
1
S

20 STAFF REPORTS City Clerk Apperson thanked the City and the Commission for

submitting her name for Clerk of the Year She was honored for the submittal and to be named

as a Finalist

21 ADJOURNMENT Motion by Commissioner Provencher seconded by Commissioner

McGrew to adjourn the meeting at 9

18 p
m The motion carried unanimously

J e Mealy Chairma

Ange a M Apperson City Clerk

Page 7 of 7 2008
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