131008

REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION NOVEMBER 13

001 AT 3
5 0 M
P AND TO BE CONTINUED UNTIL ITEMS AR
E COMPLETE

PRESENT Chairman Jane Chairman Jahn Feind Commissioners Jay McGrew

Mealy Vice
Linda Provencher Ron Vath City Attorney Drew Smith Interim City Manager Bernie Murphy

Planning Zoning Director Jan Hancock Police Chief Dan Cody Interim Finance Director
Kathleen Doyle Community Redevelopment Director Caryn Miller Assistant to the City
1Vlanager Libby Kania and City Clerk Angela Apperson

ABSENT Mayor Alice M Baker

1 CALL THE MEETING TG ORDER Chairman Mealy called the rr to order

eeting at 30
5
m
p

2 PLEDGE OF ALLEGIANCE FOLLOWED B A 1VIOMENT OF SILENCE TO

RECOGNIZE THE MEMBERS OF THE ARMED FORCES Commissioner Vath led the
pledge to the flag fallawed by a moment of silence

3 I
AMA
OCL
PI S There
ION AND AwARI were na
proclamations or rds
aw given at the
meeting

DELETIONS AND CHANGES TO THE AGENDA There were no deletions or

changes
made to the agenda

S COMMENTS REGARDING ITEMS NOT ON THE AGENDA CITIZENS ARE

ENCOURAGED TC SIaEAK HGWEVER COMMENTS SHOULD BE LIMITED TO
THREE MINUTES J NeJame read
prepared statement into the record regarding the behavior
a

of some citizens during commission meetings Phyllis Carmel apologized to the Commission for
the behavior of same of the citizens at recent meetings

AGENDA
I
CONSEN

APPROVE THE MINUTES FOR THE ULAR

EG HEFTING OF OCTOBER 301 X008
I
Motion y Commissioner McGrew seconded by Commissioner Provencher
b to approve Item
on the Consent Agenda The motion carried unanimously

7 APPROVAL TO BACK ON VOLUSIA CO

PIGGY ID 0
1NTY I JG AND
B
PURCHASE ORDER PA738 WITH P S PAVING FOR PAVING WORK IN AN
AMOUNT NOT TO EMCEED 434
0 FOR FY 08
7
f 0 Comm
ner Vath asked whether
sslc
it isalwTays cost effective to piggy back Mr Murphy explained in this case the City was going
from piggy hacking on Palm Coast
s contract to Vc lusia County
s contract because the price was
significantly lower He reported staff researches the hest price and looks into various methods in
which the City might receive the mast benel
it for the funds whether it entails gong out for hid
or piggy backing on another municipality
s contract Iotion by C omrnissioner Vath seconded
by Commissioner Prarencher to approve the piggy back on Volusia county bid O 2JG and
B
Purchase Order PA7 83 with P S Paving far paving ark in an amount not to exceed
00 far F 08109 The motion carried unanimously
7

Page I of 5 11
 GENERAL BUSINESS

8 REQUEST
FOR CITY COMMISSION DIRECTION REGARDING CHAPTER 18
TAXATION LOCAL BUSINESS TAX RECEIPTS LBTR PLANNING AND ZONING
DIRECTOR Jan Hancock asked for direction for taxation regarding the farmers market She
cited instance where currentbusiness owner florist interested in
an a a was
getting space at the
s market
farmer Currently the code specifies one license per location which would mean

acquiring another license for business owners to market their goods at the farmers market
location Discussion ensued and included what types of businesses could participate in the
s
Farmer Market defining the farmer
s market goods within the ordinance criteria for the type
of business qualified to
participate and the farmers market not becoming flea market
a
Phyllis
Carmel asked for review ofthe types of businesses that might participate Ms Hancock read
a

the list into the record Motion by Commissioner Vath seconded by Commissioner Provencher
have to revise the
to our
attorney appropriate current ordinance regarding duplicate licenses for a
merchant to sell the same
type goods at the Farmers Market if they comply with our current
allowable definition and only to require a single license and include a definition of farmer
markets wares The motion carried unanimously

9 RESOLUTION 2008
65ESTABLISHING RENTAL RATES FOR USE OF THE SENIOR
SERVICES CENTER PROVIDING FOR CONFLICT AND PROVIDING AN EFFECTIVE
DATE RECREATION DIRECTOR Attorney Smith read the title of the resolution into the
record Mr Murphy explained the Senior Center is a different location than the Wickline Center
and the City had not adopted rates for that building Phyllis Carmel needed clarification

regarding the part of the building and the types of organizations were allowed to rent Motion
by Commissioner McGrew seconded by Commissioner Provencher we adopt Resolution 2008
65 with the changes to include numbers 2 3 4 and 5 The motion carried unanimously after a

roll call vote

10 RESOLUTION 63 AMENDING
2008 THE FEE SCHEDULE FOR SOLID WASTE
COLLECTION AS REQUIRED BY ORDINANCE 2008
03 AND INCREASING THE FEES
BY 39 AS REQUIRED
2 BY ORDINANCE 03 PROVIDING FOR CONFLICT
2008
PROVIDING AN EFFECTIVE DATE HEREOF FINANCE DIRECTOR TABLED FROM

THE OCTOBER 16T MEETING

Attorney Smith read the title of the resolution into the
record Kathleen Doyle Finance Director made herself available for questions Commissioner
Provencher noted there was a recent increase in May and expressed concern on raising the rates

again within such a short period of time Phyllis Carmel asked how the rates were clarified She
in making another increase particularly for the businesses in the
too was concern
City who are

struggling Commissioner Vath clarified the increase in May was to break even on what the City
was
doing in the Sanitation Department He felt the rate should be proportionate for the number
of months Commissioner Feind felt the rate reflected the cost of doing business Commissioner
McGrew was also concerned regarding the timing of the increase and how any increase in any

expenditure might affect a

struggling business Commissioner McGrew hoped to revisit this
issue in six months if it would not harm the City financially Commissioner if
Mealy inquired
we made an exception would the City be in violation of its own ordinance She wondered if the
City could reduce the percentage increase and still break even Discussion ensued and included
the economy affecting the city as well as the businesses revenues are coming in slower than

anticipated the time the Commission spent discussing using the price index as a guide
businesses having the option to raise the price of meal how business needs to in the
a a
budget
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11
increases it being a transition year and in the future it wouldn
t be as tough putting in an
increase but not as
high and doing onehalf of the price deflator Motion by Commissioner

Feind seconded by Commissioner Mealy after she the

passed gavel we approve Resolution
63 The motion
2008 failed with Commissioners Feind and yes Commissioners
Mealy voting
McGrew Provencher and Vath voting no The Commission directed the Finance Director to

come back with a resolution reflecting one half of the 2

39 increase in the rate

11 RESOLUTION 66 AMENDING THE RATE SCHEDULES FOR WATER AND

2008
SEWER SERVICES TO INCREASE THE RATES BY 2
39 PER ORDINANCE 2008
01
RESCINDING RESOLUTION 2008
62 PROVIDING FOR CONFLICT PROVIDING AN
EFFECTIVE DATE HEREOF FINANCE DIRECTOR Attorney Smith read the title of the
resolution into the record Kathleen
Doyle Finance Director reviewed the need for the
resolution Motion by Commissioner McGrew seconded by Commissioner Feind we adopt
Resolution 2008
66for water and sewer services to increase the rates by 2 39 The motion
carried unanimously after a roll call vote

12 RESOLUTION 2008
67 AMENDING RESOLUTION 2008
54WHICH ADOPTED THE
FY 08
09 BUDGET TO REFLECT A BUDGET AMENDMENT TO PROVIDE
FUNDS
NEEDED TO CLEAR EASEMENT AND PROVIDE POWER SUPPLY TO NEW WELL FOR
THE WATER TREATMENT PLAN PROVIDING FOR CONFLICT AND PROVIDING AN

EFFECTIVE DATE FINANCE DIRECTOR Attorney Smith read the title of the resolution
into the record Motion by Commissioner McGrew seconded by Commissioner Provencher we

adopt Resolution 2008

67 The motion carried after roll call
unanimously vote

13 RESOLUTION 2008
68 AMENDING RESOLUTION 2008
54 WHICH ADOPTED THE
FY 08
09 BUDGET TO REFLECT A BUDGET AMENDMENT TO ROLL THE
APPROPRIATED FUND BALANCES FROM FISCAL YEAR 2008
2007 INTO THE
BUDGET FOR 2008
2009 PROVIDING FOR CONFLICT PROVIDING AN EFFECTIVE
DATE HEREOF FINANCE DIRECTOR Attorney Smith read the title of the resolution into
the record There were clarifications made as to the account names Motion by Commissioner
McGrew seconded
by Commissioner Provencher to Resolution 2008
68 The motion
adopt
carried unanimously after a roll call vote

14 RESOLUTION 69 AMENDING RESOLUTION 2003

2008 33 ASSIGNING THE FIRE
CHIEF OF THE CITY OF FLAGLER BEACH AS THE PRIMARY REPRESENTATIVE TO
THE FLAGLER COUNTY LOCAL MITIGATION STRATEGY WORKING GROUP
PROVIDING FOR CONFLICT AND PROVIDING AN EFFECTIVE DATE ASSISTANT
TO THE CITY MANAGER Attorney Smith read the title of the resolution into the record
Commissioner Mealy noted in previous resolution put in
a a
specific name was as
opposed to
the title of the officer hence the reason for the resolution Motion by Commissioner McGrew
seconded by Commissioner Provencher to adopt Resolution 2008
69 The motion carried

unanimously after a roll call vote

15 DISCUSSION AND DIRECTION TO STAFF RELATED TO THE ANIMAL

ORDINANCE COMMISSIONER PROVENCHE Commissioner Provencher introduced the
item She asked for consensus from the Commission allow her
Attorney Smith
to to work with
on some of the changes that were discussed at a previous meeting such as the fee for
registering
the animal with the city monthly reports from the Humane Society regarding dangerous

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11
animals and feral cat colonies Motion by Commissioner Vath seconded by Commissioner
McGrew in deference to Commissioner Provencher
s interest in the animal ordinance we agree
to let her work with our attorney and staff to rework the Animal Control Ordinance and come

back to the Commission for discussion and

or approval Phyllis Carmel was in support of the
ordinance J Nejame needed clarification the type of animal who would needed
regarding
licenses The motion carried unanimously

16 DISCUSSION AND POSSIBLE ACTION REGARDING SECTION 01

3
APPOINTMENT QUALIFICATIONS COMPENSATION OF THE CITY CHARTER AND
SECTION 2
43 COMPENSATION EVALUATION OF THE CODE OF ORDINANCES
COMMISSIONER MEALY Commissioner Mealy introduced the item and explained the need
for discussion She asked the members for agreement to excuse Mr Murphy from the
meeting
to which the Commission agreed Commissioner Mealy felt because the charter does not speak
to the position of an Interim
City Manager the Commission is not in violation of the charter
She felt overall the City has saved money by Mr Murphy tenure in that Mr Murphy does not
receive health benefits via the city and has not received a raise since he first started as Interim

City Manager Commissioner Mealy outlined his credentials and his experience and noted Mr
Murphy willingness to relocate upon the sale of his home She noted although there has not
been an evaluation Mr Murphy has been contracted on an annual basis and if the Commission
was not
pleased they would not have renewed his contract Commissioner McGrew spoke
highly of Mr Murphy Commissioner Feind was of the mind if the charter does not address
Interim City Manager then it was open to his interpretation and the same goes for the
evaluation Commissioner Provencher also spoke highly and gave Mr Murphy her utmost

respect in his handling of sensitive personnel issues Commissioner Vath spoke of Mr Murphy
being a good communicator and despite Mr Murphy credentials felt the issue was not his
credentials but the language as it now exists in the charter Commissioner Vath felt the intent of
the charter was not being addressed He had hoped Mr Murphy could give the Commission
some relief in
renting a room in town Discussion ensued and included having a Flagler Beach
address being more of a facade than Mr Murphy actually living in town Mr Murphy s
availability to the Commissioners his performance during the tropical storm the actual distance
Mr Murphy lives from Flagler Beach fulfilling the current term of his contract and the election
in March for the openings on the Commission Attorney Smith spoke to the term interim and
how a court might interpret it Phyllis Carmel spoke of the change in technology since the last
time the Charter was reviewed She noted the use ofcell phones and e mail since that time She

suggested if the charter continues to

require the City Manager to live in Flagler Beach the City
needs to provide housing for the City Manager Ms Carmel felt the City has moved forward
since Mr Murphy has come on board J Nejame spoke of the difference in the definition of live
and reside and spoke to the number of hours Mr Murphy is in town He spoke of his personal
differences with Mr Murphy but noted Mr Murphy has always responded promptly and has
been courteous Dave Robell spoke of the history of the search for a City Manager and the

difficulties in finding appropriate person He noted since Mr the

an
s employment
Murphy
Commission functions as one
governing body Commissioner Feind wanted to ensure the public
that if he felt this was a violation of the charter he would have told Mr Murphy to move to the
City Commissioner Vath was in support of Mr Murphy but felt it was irrelevant to the issue of
a violation of the charter Motion by Commissioner McGrew seconded by Commissioner
Provencher we use the
form the performance evaluation form that we have currently with the
City and do our due diligence and review the Interim City Manager let
s put a date of no later
than January 1 2009 There was some discussion regarding the form and its appropriateness for

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the person holding the position The motion and the second were amended to include by before
the January 1 2009 suppose deadline we come to consensus on a form we would like to use to
do a
voluntary evaluation of our InterimCity Manager The motion carried unanimously The
Commission agreed to turn in any changes to the form by December 1 2008 to the clerk
s office

COMMISSION COMMENTS

17 COMMISSION COMMENTS Commissioner McGrew felt the Chili Cook Off was a lot of
fun and attendance was
great Commissioner Feind attended the Scenic Byways Committee

meeting He commended Officers Burns and Blank for their participation in the Motorcycle
Rodeo He congratulated Officer Burns for placing 6th overall Commissioner Vath reported he
nominated Vice Chairman ofthe Volusia MPO He where the Golf Cart
was as was
wondering
Ordinance stands with FDOT Commissioner Mealy reported on the events in town and was

with the attendance She asked if the Commissioner would be agreeable hold
very happy to a

Special Meeting after the Town Hall Meeting on the 10th in order to take action on the City
Center Item It was the consensus of the Commission togo ahead with a special meeting
Commissioner Mealy reported on attendance at a luncheon with Congressman Mica She
thanked Libby for her attendance at a meeting regarding the
utility rate charges and for an

informative report and Ms Kania

s attendance at the WZNF meeting for Buy in Flagler
County Campaign

STAFF REPORTS

18 STAFF REPORTS No reports were

given

19 ADJOURNMENT Motion by Commissioner Provencher seconded by Commissioner

McGrew to
adjourn the meeting at 34 p
7 m The motion carried unanimously

J Mealy Chairm

D Clerk
Angela M Apperson City

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