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REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION MAY 14 2009 AT

30 P
5 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 Police Chief Dan Cody Public Works Director
City Engineer
Bob Smith Community Redevelopment Director Caryn Miller Assistant to the
City Manager
Libby Kania and Administrative Assistant Kate Settle

1 CALL THE MEETING TO ORDER Chairman called to order at 3

5 1 m
Mealy p

2 PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENCE TO

RECOGNIZE THE MEMBERS OF THE ARMED FORCES Mayor Baker led the pledge to

the flag followed by a moment ofsilence

3 PROCLAMATIONS AND AWARDS Mayor Baker read the proclamation into the record
and commended the s
City Public Works Department

4 DELETIONS AND CHANGES TO THE AGENDA Commissioner Mealy suggested

changing the order of Items 8 and 9 Item 9 to be heard first Consensus wasgiven to listen to

Item 9 before Item 8

5 COMMENTS REGARDING ITEMS NOT ON THE AGENDA CITIZENS ARE

ENCOURAGED TO SPEAK HOWEVER COMMENTS SHOULD BE LIMITED TO
THREE MINUTES Lea Stokes
representing the Chamber of Commerce The Chamber
commended the Commission and Staff on ensuring the
pier is safe As a citizen she reported the
County and the City of Palm Coast have adopted ordinance addressing the bid process with
considerations for local vendors She hoped the Commission would consider adopting such an
ordinance Ms Stokes also informed the Commission County Commissioner Revels is forming
a roundtable and she
hoped the City would have a place at such a roundtable discussion
Commissioner
Mealy reported she is in the process of drafting such an ordinance Phyllis Carmel
concern that the State and Federal Government are more interested in
expressed giving stimulus
money to larger cities She is worried Flagler Beach will be gobbled up by Palm Coast
Commissioner Mealy reported on the 1 million ofstimulus money the
City will be receiving

CONSENT AGENDA

6 APPROVE THE MINUTES FOR THE REGULAR MEETING OF APRIL 30

2009

7 APPROVE A CONTRACT WITH BRIGHT HOUSE FOR INTERNET SERVICES AT

THE NEW WATER TREATMENT PLANT

Motion by Commissioner McGrew seconded by Commissioner Feind to approve the Consent

Agenda The motion carried unanimously The agenda moved to Item 9

GENERAL BUSINESS

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8 DISCUSS THE RATE SCHEDULE FOR REMOVAL OF YARD WASTE ESPECIALLY
PALM FRONDS COMMISSIONER
FEIND Bob Smith City Engineer and Hugh
Eberhardinger Solid Waste
Department Superintendent introduced the item They made a
power point presentation outlining the cost to the City and ofthe instances of the
depicting some

yard waste in the City and the amount of time staff requires to complete the large pick ups They
noted the cost savings to the City as well as introducing revenue producing routes since the
Ordinance has been in effect Discussion ensued and included how the fee was calculated the
number of months citizens were given gratis pick ups after the Ordinance was adopted whether
the fees would be charged after storms FEMA reimburses the
City after a storm educating the
citizens how much to put out at citizens the of
on a given time having options putting palm
fronds out little at time pay the City find another haul the
a a or means to yard debris the
various ways City staff has made it clear to the public via a letter the website and sanitation
workers talking to individual citizens educating the citizens if a contractor does the yard work
negotiate with the contractor that they remove the debris and construction debris not being
picked up by the Sanitation Department Commissioner Feind clarified the intent ofthe item was
not to look at the ordinance again in its entirety but to clarify the fees regarding the
palm fronds
Mr Smith broke down the cost to dump a full load of yard waste He felt it fair charge was a

Phyllis Carmel expressed her frustration with the ordinance Dave Robell felt why aggravate a
homeowner by not picking up his trash J Nejame explained what he needed to do in order for
him to get a pile down to the correct pick up size He noted the citizens need to know where
they
can take their construction debris and in other communities invest in a and use the mulch
chipper
for City property and sell the mulch to the citizens Rusty Place
suggested putting the pick ups
on a schedule Mr Smith reported the pick ups are on a schedule and he also reported in the
letter sent to each citizen
homeowner listed where they can take their construction debris Lea
Stokes lives in a condominium association and there is not a choice The association pays a
contractor to haul the waste She felt it unreasonable to the
was expect City to haul away the
kind of yard waste depicted in the presentation Mayor Baker noted the
City used to have a
chipper and wondered if it would pay for itself in run the long
Mr Eberhardinger explained the

chipper the City used to own was not cost efficient and the County did it as well and they could
not give a way the mulch produced Commissioner McGrew remembered the chipper as well
The mulch produced was full of carpenter ants etc There was no action taken on this item The

agenda moved to Item 10

9 CONSIDER A REQUEST FOR SPONSORSHIP

CO OF THE FABULOUS 4TH
FESTIVAL STREET CLOSURES PARADE AND OTHER DETAILS OF THE EVENT
FLAGLER BEACH CHAMBER OF COMMERCE REPRESENTED BY CHAIRMAN LEA
STOKES Ms Stokes thanked the City for past sponsorship
co of the event She thanked the
Beach Museum and the Club for their support and
Flagler Rotary sponsorship The theme is
Flip Flops Fun and Fireworks Ms Stokes anticipates a great turn out because fewer people
will be traveling The event is to take place July 3 and July 4 She reviewed the changes as

leave Central Avenue open from SR 100 to d Street leave 2

2 d Street open all the way through
start the street closures late Thursday night early Friday morning at 2
or d Street South down to
4th Street closing 3
d and 4th Streets from AIA to Daytonadown 2
and d and Central
then closed
from SR 100 to 2 a at noon on Friday She requested the streets remained close throughout the
entire event until 11
00 p m on Saturday evening Vendors or a car show will take the space on
central adjacent to the Farmer
sMarket Vendor Registration will take place
Thursday evening
and vendors that do not register on Thursday night must do so at 6 00 a m
Friday morning

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After 9
00 a
mno vehicular traffic will be allowed The vendors
can stay open until 11
00 p m
and open
Friday night 00 a
9 m until 00
11 She
on on
Saturday p
m outlined where the
watermelon eating and contests would take She reviewed
BBQ eating place the entertainment
line up On the 4ch of July the parade will begin at 10
00 a m Fireworks will take place
between 9 to 9
30 p m She requested a banner be put up at City Hall the Chamber is requesting
the owners of Dollar General Finns and Cross Tides at SR 100 and AIA to allow banners to be

put up A question and answer period followed There was some discussion regarding closing the
street in front of City Hall Commissioner McGrew felt there should be
strongly some

concession from the Farmers Market in order to facilitate the set

up for the event in the most
efficient way possible She asked for Bill Forehand owner of the Farmer
sMarket to come
forward She asked him how it would affect his business if the City closed the roads He

reported a loss last year when the street closures started at 6

00 a
m Phyllis Carmel needed
clarification regarding the City
s parking lot Ms Stokes clarified the parking lot will be used
for the entertainers and volunteers and any overflow of vendors Commissioner Feind and
Commissioner felt the Chamber and the Forehands had come to a mutual agreement
Mealy
Commissioner Feind asked for Ms Stokes to come back in June for update Motion
an
by
Commissioner Feind seconded by Commissioner McGrew we cosponsor the Fabulous Fourth
Festival and tentatively approve the closures parade route etc pending further deliberations
between the Chamber and staff The motion carried unanimously The agenda moved to item 8

10 CONSIDER AUTHORIZING PUBLIX TO

ACTOR
SUPER MARKETS INC REPRESENTED BY SCOTT BRUBAKER Kim Brunson Dwayne
Stevens and Scott Brubaker Publix
requested the Commission allow Publix to be
representing
able to contract with an outside carrier to haul their
thirty yard compactor until the City is able to
do so Mr Smith reported he had made the
applicant aware of the City
s ordinance regarding
solid waste and suggested they come before the Commission to make their request for a special
license permit because the City currently cannot handle the roll off dumpster Mr Murphy
or

reported the s current ordinance does not allow for an outside handler The City has stood
City
by the ordinance in every project that has come before the Commission Mr Murphy continued

and reported there may be a business opportunity for the City to get into the roll off business
Mr Smith did a preliminary cost and approximate revenue that could be generated by purchasing

a roll off truck He noted several ways in which the City could benefit from such a purchase
Mr Eberhardinger has research used equipment Mr Smith srecommendation was to treat the
roll off truck as a business Mr Murphy assured with Mr Smith s affirmation current staff
could do this type of work Commissioner Vath requested a business plan for this venture

showing the Commission expenses and revenues proving it will be an ongoing business that will
not costs the residents money He asked the Publix representatives if they buy the compactor or

if they use the

compactors provided by the hauler They indicated they purchase the compactor
and have their own specifications that go beyond OSHA standards The timeline of events was
discussed with Mark Turner the developer Possible solutions regarding how to handle the
situation were discussed at length Motion by Commissioner McGrew seconded by
Commissioner Provencher authorizing City staff to enter into an agreement with Waste

Management to service the roll off at Publix and authorizing City Staff to enter into an
agreement with Publix that Publix would pay those service fees from Waste Management until
such time as the City is able to provide the service without using a contractor The motion
carried unanimously Motion by Commissioner Provencher seconded by Commissioner Vath

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for staff to bring back business
a
plan as far as purchasing one of these trucks as quickly as
possible The motion carried unanimously Commissioner Mealy recessed at 7 32 p m The
meeting reconvened at 7
47 p
m

11 DISCUSSION AND NECESSARY ACTION REGARDING CHANGING THE POLICE

RECORDS CLERK POSITION FROM PART
TIME TO A FULL
TIME POLICE CHIEF

Libby Kania reviewed the history of the She noted in the

position past there was an
administrative sergeant full
time at the police station Circumstances have changed and the City
prefers having our officers out on the road It is the intent of the Police Chief should the
position become full time the person in this position would be responsible for handling evidence
it comes into the police station as well as
as
maintaining the records In many other
municipalities a lay person handles the evidence and it proves to be an overall cost
savings to
those municipalities
Currently there is not a collection system in place for tracking fines and
there is an opportunity for the current
person in the position to manage the current grants as well
as research other for the Police Department
possibilities She reviewed the costs involved in

changing the time

full
current employee from parttime to and the Police Department
sbudget
There was some discussion regarding job sharing Clarification
regarding the evidence piece of
the was discussed and the fewer
position people with access to the evidence the better

Commissioner Vath was concerned how this would work

during the budget process The
collection process was discussed and the number of citations being issued Mr Murphy felt the
Police Department is a very productive department and the need is there Commissioner Feind
felt it was cost effective to have civilian
a
checking in the evidence Commissioner Mealy
wanted to ensure the position would be revised to include the new
description requirements
Motion by Commissioner Provencher seconded by Commissioner Feind we approve
making
the Police Records Clerk position from
time to full
part time The motion carried
unanimously

12 DISCUSSION AND NECESSARY ACTION REGARDING THE PURCHASE OF A

USED TRUCK FOR USE AS A BRUSH TRUCK FIRE CHIEF Chief Martin Roberts

presented the item and reviewed the documents distributed Commissioner Feind questioned the
necessity of the truck Chief Roberts assured him the truck was a necessity The truck the
department currently uses will go back to the Division of Forestry Commissioner Vath thought
maybe a club cab might be more applicable Chief Roberts explained the he and his firefighters
discussed the option but felt the longer the truck the harder to maneuver Motion by
Commissioner Vath seconded by Commissioner Provencher to approve the purchase of the
used fire truck as a brush truck have it
d and have the Chief convert it to our
appropriately logo
use the 2003 Chevy Silverado 3500 which is at the cost of 18 750 plus tax Mr Murphy
informed the Commission they will be bringing it back as a
budget amendment The motion
carried unanimously

13 DISCUSSION AND NECESSARY ACTION RELATED TO THE RIGHT

WAY USE
OF
AGREEMENT FOR SALTY DOG RESTAURANT CRA DIRECTOR Mr Murphy reported
the agreement was drafted by Attorney Smith and
presented to the Barrihills Mr Barnhill had
issue with two points but has agreed to take out a 1 million dollar
an
liability policy with a 1
million dollar umbrella Attorney Smith referred to Item 5
citing the change instead of save and
hold harmless it would be adjacent owner and
adjacent city tenant shall hold the City
harmless He explained the meaning of the change to be the owner would not sue the City but
would not defend the City if someone else did Item 6 would be removed in its entirety number

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7 one million dollars would be changed to two million dollars Paragraph 13 the last line
paragraphs would change to paragraph The wording would reflect paragraph 5 and
paragraph 6 would be deleted The document would need to be renumbered as Item 6 will be
removed Commissioner Vath wondered if the tenant
changes can the agreement be renewed
Attorney Smith reported on the wording and intent of the tennination clause in the agreement
Howard Sklar wanted to clarify if the agreement was for one property in the
City and one
property only Commissioner Mealy reported the is limited the
agreement to property Motion
by Commissioner McGrew seconded by Commissioner Provencher we direct staff to execute
the necessary paperwork for the agreement for the right of way for the Salty Dog restaurant with
the changes that were mentioned by our
Attorney The motion carried unanimously

14 RESOLUTION 26
2009 APPROVING THE LOCAL AGENCY PROGRAM
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

IMPROVEMENTS AND PROVIDING AN EFFECTIVE DATE CRA DIRECTOR Attorney

Smith read the title of the resolution into the record Motion by Commissioner Provencher
seconded Commissioner
by McGrew we approve Resolution 2009
26 The motion carried

unanimously after a roll call vote

15 RESOLUTION 27 REQUESTING THE

2009 ASSISTANCE OF G
TA
TO PRIORITIZE THE INTERCITY RAIL COMPONENT OF THE FEC CORRIDOR
PROJECT FROM JACKSONVILLE TO MIAMI AS PART OF THE FEDERAL
ECONOMIC STIMULUS PACKAGE FOR THE STATE OF FLORIDA PROVIDING FOR
CONFLICT AND PROVIDING AN EFFECTIVE DATE Attorney Smith read the title of the
resolution into the record Commissioner the
Mealy reported on history of item and the purpose
of the resolution was to hopefully bring jobs and tourism to the County Motion by
Commissioner Provencher seconded by Commissioner Feind to approve Resolution 2009
27
The motion carried unanimously after a roll vote

16 RESOLUTION 2009
28 SETTING A FEE FOR GOLF CART REGISTRATION AND
RENEWAL PROVIDING FOR AN EFFECTIVE DATE Attorney Smith read the resolution
into the record Chief Cody felt the twenty dollars for the registration and the fifteen dollars for
renewal would be sufficient Motion by Commissioner Provencher seconded Commissioner
by
Vath we approve Resolution 2009
28with the twenty dollars for the registration fee and fifteen
dollars for the renewal fee The motion carried unanimously after a roll call vote

17 RESOLUTION 2009
29 AMENDING RESOLUTION 2008
54 WHICH ADOPTED THE
FY 09 BUDGET
08 TO REFLECT A BUDGET AMENDMENT FOR FUNDING TO
PURCHASE NECESSARY SIGNS FOR IMPLEMENTATION OF THE GOLF CART
ORDINANCE PROVIDING FOR CONFLICT AND PROVIDING AN EFFECTIVE DATE
Smith read the title ofthe resolution into the record Commissioner
Attorney Mealy clarified the
item waspreviously discussed the resolution was brought forward for funding purposes
Commissioner Vath questioned if the funds for the signs could come out of a department that

might have a little extra in their budget Mr Murphy gave a brief description of the budgetary
issues with the City revenues Motion by Commissioner Provencher seconded by

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 Commissioner Vath we approve Resolution 2009
29 The motion carried
unanimously after a
roll call vote

18 DISCUSSION AND NECESSARY ACTION RELATED TO HAVING ONE DAY

MEETING AND ONE NIGHT MEETING DURING EACH MONTH MAYOR BAKER
Mayor Baker felt this would
give the citizens a choice of day or night meeting Some of the
citizens are not able to drive at night She also felt it was
tough on staff to work all day and
come to
meetings in the She further cited
evening some department heads take administrative
leave the
following day Mayor Baker noted the County and the School Board have day
meetings Commissioner Provencher asked Commissioners Vath and Feind their experience
with day meetings Discussion ensued and included the attendance being smaller staff would be
available during the day and could be called
upon to attend the meeting when necessary
scheduling with the TV scheduling the CRA meeting and the day meeting the second meeting of
the month Commissioner Mealy questioned the issue of staff not being available to work the
day after a meeting She wondered how it would affect staff to be in a meeting during the day
Ms Kania spoke to her
experience when there was a day meeting The time of the meeting was
discussed It was the consensus of the Commission to change the schedule to one
meeting at
30 p
1 m and last meeting ofthe month to be at 5 30 p m

19 CONSIDER APPOINTMENTS TO

A THE PLANNING ARCHITECTURAL REVIEW BOARD Nomination made by

Commissioner Provencher seconded by Commissioner Feind reappoint Lea Stokes to
to Seat 7
on the Planning and Architectural Review Board The nomination passed unanimously
B THE BOARD OF ADJUSTMENT Nomination by Commissioner Vath secondedby
Commissioner Provencher to Silvio
reappoint DiGregorio to Seat 5 on the Board of Adjustment
The nomination carried Nomination by Commissioner
unanimously Provencher to appoint
Nancy Scarci for Seat Four The nomination died for lack of a second Nomination by
Commissioner Vath seconded Commissioner Feind
by to
appoint Frank Viagnati to Seat 4 on
the Board ofAdjustments The nomination carried
unanimously
C THE CODE ENFORCEMENT BOARD Nomination Commissioner
by McGrew
seconded by Commissioner
Feind to Rich
reappoint Mulvaney to Seat 4 The nomination
carried Nomination by Commission McGrew seconded
unanimously by Commissioner
Provencher to reappoint Richard Faddis to Seat 5 The nomination carried unanimously
Nomination by Commissioner McGrew seconded by Commissioner
Provencher appoint Andy
Miklos to Seat 6 on the Code Enforcement Board The nomination carried
unanimously
D THE FIRE PENSION BOARD CITY APPOINTEE SEAT Motion
by Commissioner
McGrew seconded by Commissioner Provencher to reappoint Sharon Stokes to the City
appointee position on the Fire Pension Board The motion carried unanimously Commissioner
Mealy felt the applicant is an employee
volunteer fireman She did not feel the City Appointee
seat should be filled by an employee Commissioner Mealy made it clear this discussion did not
reflect any personal feelings regarding The intention of the seat is to serve in the best interests
of the City Motion by Commissioner Provencher seconded by Commissioner
Vath that
Commission Mealy fill the position on the Fire Pension Board The motion carried

unanimously
E THE ECONOMIC DEVELOPMENT TASK FORCE Kate Settle Administrative
Assistant announced the results ofthe ranking sheet as
being Ted Johnson to
complete the term

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of the SPAC seat ChrisCasper to move from an alternate position to completing the Citizen at
Large seat and appoint Andy Miklos to complete the alternate seat on the Economic
Development Task Force Motion by Commissioner Vath seconded by Commissioner Feind to
approve the ranking sheet as recited by our City Clerk The motion carried
unanimously

COMMISSION COMMENTS

20 COMMISSION COMMENTS Mayor Baker read two letters from the Flagler Beach

Department commending Officer Sheffield and Officer Arcieri for well done She read
a job a

letter from citizen who resides at the Nautilus Scott Jackson

a
commending of the Fire
Department for his help Mayor Baker also attended service at the
a
Flagler County Law
May 28th Meeting
Officers Memorial Commissioner Provencher will not be able to attend the

May 28th meeting

She inquired if the Animal Ordinance could be for first the
ready reading at
Commissioner McGrew thanked the other Commissioners for the
attending Rotary Event last
weekend Commissioner Feind wanted to ensure the Scenic
Highway matching grant was being
paid appropriately He reported the Fire Department was training with the Wave Runner and
was pleased it was being used Commissioner Feind reported the budget in Tallahassee is no

longer funding the Florida Forever Grant Commissioner Feind commended the Jr
Lifeguard
Program and is pleased it is continuing He updated the Commission on his research regarding
the City applying for a grant from the Scenic
Highway for more parking on AIA He spoke with
the coordinator and she indicated it would not be feasible Commissioner
Mealy attended Taste
of She was a little there
Flagler disappointed was
only one local restaurant was in attendance

sElementary Schools 2
She attended Wadworth d grade Environmental Program at Gamble
Rogers Commissioner Mealy attended the Museum Board Meeting and reported on the funds
collected for the City by providing fire inspections

PUBLIC HEARING

21 ORDINANCE 2009
09AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES
ARTICLE III PUBLIC SERVICE TAX TO AMEND SECTIONS 18
48 THROUGH 53
18 TO

PUBLIC SERVICE TAXES PROVIDING FOR CODIFICATION SEVERABILITY AND

CONFLICTS AND ESTABLISHING AN EFFECTIVE DATE SECOND AND FINAL
READING Attorney Smith read the title of the ordinance into the record Motion by
Commission McGrew seconded by Commissioner Provencher to approve Ordinance 09
2009
on second and final reading The motion carried unanimously after a roll call vote

STAFF REPORTS

22 STAFF REPORTS Attorney Smith asked permission to bring in to

an expert planner give
expert testimony on the Comprehensive Plan Challenge Case re Ocean Palm Golf Course It
was the consensus of the Commission for Attorney Smith to move forward and research the

possibilities Interim City Manager Murphy reminded the Commission of a demonstration of

equipment at the Wastewater Plant tomorrow Assistant to the City Manager Kania reminded the
Commission there are minor issues needed to be clarified with Clerk Apperson before the

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meeting times can be changed City Engineer asked the Commission for a little more time re

the golf cart signage The Commission expects the golf

completion regarding cart signage by
June 1

23 ADJOURNMENT Motion by Commissioner McGrew seconded by Commissioner Feind

to adjourn the meeting at 9
15 p
m The motion carried unanimously

Jane Mealy Chairman

Kate Settle Administrative Assistant

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