REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION OCTOBER 16

M AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE

30 P
2008 AT 5
PRESENT Mayor Alice M Baker Chairman Jane Mealy Vice Chairman John Feind
Commissioners Joy McCrrew Linda Provencher Ron Vath City Attorney Drew Smith Planning
City Engineer Bab Smith Interim
Zanin Director Jan Hancock Public Works Director
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
rn
p
2 PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENCE TO
HE MEMBERS OF THE ARMED FORCES Mayor Baker led the pledge to
RECOGNIZE I
the flag followed by a moment ofsilence
3 PROCLAMATIONS AND AWARDS
A RESOLUTION 2008 60 OF APPRECIATION TO CHARLES J CINO
RECOGNIZING HIS YEARS OF DEDICATED SERVICE TO THE CITY OF FLAGLER
BEACH AND EXPRESSING APPRECIATION THEREOF Mayor Baker read Resolution
60 into the record Attorney Cino thanked staffed and the City far the opportunity to serve
200
them Motion by Commissioner Feind seconded by Commissioner Vath to approve Resolution
60 The motion carried unanimously after a roll call vote
2008
B PROCLAMATION DECLARING OCTOBER 16 2008 AS NATIONAL FERAL CAT
DAY Mayor Baker read the proclamation declaring October 16 as National Feral Cat Day
4 DELETIONS AND CIiANGES TO THE AGENDA Nane
5 COMMEN
S REGARDING ITEMS NOT ON THE AGENDA
I CITIZENS ARE
ENCOURAGED TO SPEAK HOWEVER COMMENTS SHOU D f31 LIMITED TO
THREE MINUTES Mary Ann Ruzecki announced the Scenic Byway Volunteer Orientation
will be held on Saturday October 18 200 at City Hall Phyllis Carmel suggested charging
parking to non
residents visiting Flagler Beach She reported some of the residents she spoke to
expressed concern regarding a letter sent out by Cade Enforcement regarding the right of ways
Ms Carmel felt strongly the oak trees on the south end of town should not be touched She
hoped the City would consider becoming a tree city Kim Carney spoke highly of Bob Smith
and his professionalism in response to an e mail asking him to consider putting up barriers
around retention areas in the Mirror Lake Subdivision John Moylan expressed concern
regarding the proposed city center He informed the Commission he was putting together a
website and would be placing an item on the next agenda for consideration Robert Chase
apologized for his remark at the last meeting Commissioner McGrew announced there will be a
workshop on November 10 and another in December She suggested to Mr Moylan and his
eftart to attend the
group who are concerned about the City Center to make every meeting in
order for them to have the best information available for their website

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 CONSENT AGENDA

6 APPROVE 1HE MINUTES FOR THE REGULAR MEETING OF SEPTF

MBER 25 2008
AND THE SPECIAL MEETING
S OF SEPTEMBER l 5 2008 AND SEPTEMBER 25 2008

7 APPROVAL TO PIGGYBACK ON A CONTRACT BE

WEEN THE CITY OF PALM
I
COAST AND CARMEUSE LIME FOR THE FY 2008
2009 ANNUAL SUPPLY OF
CALCIUM OXIDE LIME AT A COST OF 172
42PER TON

8 APPROVAL OF TENTATIVE EVENT SCHEDULE FOR THE CRA FOR FY 2008

2009

9 AUTHORIZE INTERIM CITY MANAGER TO SIGN A CONTRACT WITH MARLOW

COMPANY FOR LOBBYING SERVICES FOR THE CALENDAR YEAR BEGINNING
JANUARY O 1 2009

Motion by Commissioner McGrew seconded by Commissioner Feind we approve the consent

agenda items 6 7 8 and 9 The motion carried unanimously

GENERAL BUSINESS

10 SIGN EASEMENT AGREEMENT FOR THE PURPOSE OF CONSTRUCTION

OPERATION AND MAINTENANCE OF A CITY SIGN ON PROPERTY OWNED BY CVS
81 FL LLC PLANNING
753 ZONING DIRECTOR FROM THE SEPTEMBFR 25 2008
MEETING Jan Hancock and that CVS would like to
Planning Zoning Director explained give
the City an easement to put permanent signage for the City on their property The sign would
need to be paid for and erected
by the City CVS has agreed to pay the utilities Ms Hancock
further indicated it her
hope to have approximately three lines of changeable copy on the
was

sign in order to promote City events Commissioner Vath asked if there was money in the
budget for the sign Ms Hancock clarified this is the easement agreement which is at no cost to
the City and the signage can be addressed at a later meeting Lea Stokes President of the
Flagler
Beach Chamber thanked Ms Hancock for her work on this and felt a City sign would be a
great
asset to the Motion by Commissioner Provencher seconded by Commissioner
Community
McGrew we accept the sign easement agreement for a sign on CV5 property The motion
carried unanimously

1 1 ACCEPT THE FORMALIZED PLANS FOR THE FARMERS MARKET STYLE

DISPLAYS ON FRIDAYS AND SATURDAYS BEACHSIDE MERCHANTS
DBY PHYLLIS CARMEL
REYRESENTF Phyllis Carmel explained the nature of her request
In her request she indicated that the proposed market street would be open to vendors who hold
a Flagler Beach business license to set up ten booths on Central Avenue She reviewed the
locations for the booths She urged the Commission for support and outlined the need for the
merchants in town to work with each other in order to survive during this economic time Ms
Carmel asked for a trial from October to the end of how it will work
period January to see

Commissioner Provencher asked who would be the merchants

coordinating Tom Keegan of
Beachside Merchants outlined the and each vendor would be considered
proposed plan on a first
come first serve basis Discussion ensued and included the businesses would be limited to

Page 2 of 8 2008
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Flagler Beach business licenses not having a flea market the need for an itinerant merchant
license the market street being more consistent with
special event creating a booth outside of
a

their business expansion booths outside the current shops itinerant licensing being filled out for
the event in order for the merchants to be treated the same as any other event closing Central

Avenue both sides of the street being utilized in order to increase participation the hours of
operation being the same as the farmers market coordinating the merchant set up setting up
specific parameters and liability insurance Bob Chase and Lea Stokes supported the idea J
Nejame wanted to clarify the businesses putting out a table in front of their businesses should not
be a problem Ms Hancock indicated that was true but once the business goes into the right of

way that is a different situation and they cannot set up a booth in lieu of parking spaces
Commissioner Provencher asked if Ms Carmel had spoken with Ms Forehand for her support
onthis item Ms Carmel indicated she had conversations with her in the past and felt she was in

support of the program The wording of the motion was discussed Motion by Commissioner
Feind seconded by Commissioner Vath we approve the special event request from the
Beachside Merchants Association for the utilization of the right of way for 14 booths on the west
side and I
ll include if the need arises that the east side can be utilized also I would say we
would leave the closing of the street up to the discretion of the Chief of Police and we will be
guided by what he says whether the street will be open or closed That the Beachside Merchants
will provide the necessary insurance and give that to the clerk before operation That this be a
trial period from now until February 1 2009 and we can re evaluate then and that all of the

people that do participate obtain the necessary itinerant license prior to opening up their stand
and that the closing time would be 3 00 pm The motion carried unanimously

12 CONSIDER ALLOWING MORE THAN THE ALLOTTED THREE MINUTES FOR

PUBLIC COMMENT ROBERT CHASE Mr Chase outlined the reason for his request He
indicated his agenda item Conversations with the Commissioners Commissioner Mealy
clarified the for items and Mr Chase call the Commissioners
purpose agenda suggested
individually

13 RESOLUTION 58
2008 WG RESOLU
NI
AMI lON
I 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 CITY ENGINEER FROM THE SEPTEMBER 25 2008 MEETING

Attorney Smith read the title of the resolution into the record BobSmith City Engineer
Public
Works Director reported the resolution
s purpose is to just switch providers from BRI to Seagull
Marine Mayor Baker asked when the project will start Mr Smith outlined the timeline with
the DEP He explained the resolution is to keep the City in the running for the project grant

money Mr Smith reported there is an ongoing conversation between Sea Bull and DEP
Seagull would like to put in a 40 foot structure and collect data and then proceed with more

depending on the data collected DEP would like Sea Bull to put in 5 000 feet of the structure
for grant purposes Discussion ensued and included how long this will take the DEP permitting

process budgeted money Tourist Development Funds the funds allocated from the TDC the
procedures recently put into place by the TDC whether the TDC funds would be approved if the
City changes the vendor the financial commitment made by the City Marlowe
s involvement
clarification regarding funding Motion by Commissioner Feind seconded by Commissioner

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Vath to direct staff to bring back additional information far that is
as as funding required The
motion carried 4 to 1 with Commissioner Mealy voting nay

14 PROVIDE DIRECTION TO STAFF RELATED TO THE CONSERVATION EASEMENT

DEDICATED TO THE CITY AT RIO
MAR SUBDIVISION FROM THE SEPTEMBER 25
2008 MEETING CITY ATTORNEY AND CITY CLERK City Clerk Apperson reviewed the
history of the item and reported the Homeowners Association has done a title search and found
they do not own the property either The conservation easement was dedicated to the City on the
Platt which subdivided the property and the address that is on the tax bill is that of the
developer not the Homeowners Association It was Clerk Apperson
s recollection the intention
of the developer was to deed the property to the City but she could find no written
documentation to indicate the same Attorney Smith outlined the options of the
City Discussion
ensued and included the taxes and who would be responsible for them the intention of the

developer and why the City would want the property Mr Allen Pawlowski stated he and his
neighbors would like to keep the easement as conservation and to assure his association that it
will remain with that designation He indicated the association is also willing to pay the taxes on
it but as they don
t own it they are currently pursuing
contacting the developer in order to get
the deed changed Peter Guerillo reported on his history with the City and his portion of the

property Frank Vignati needed clarification regarding the taxes on the property and the home
owners association law Attorney Smith clarified the rights of the HOA Mike Akailis asked
where the tax certificates have been sold Attorney Smith indicated they have been sold More
clarifications were made regarding the steps before the property comes to auction the number of

years the property taxes have been in arrears and whether the City really needs to be involved
Motion by Commissioner Feind seconded by Commissioner McGrew we do not take any
action since the homeowners association is going to make attempts to purchase the property and

keep as part of their common area that we don

t take any action on this The easement is going
to stay in effect no matter who owns it so I think
s interest in keeping the area in the
everybody
condition that it is will be fulfilled no matter who owns it I see no reason for us to be involved
The motion carried unanimously Commissioner recessed the 34 p
7
Mealy meeting at
m T
he
meeting reconvened at 3
7 4m
p

15 APPOINT MEMBERS TO THE ECONOMIC DEVELOPMENT TASK FORCE Y

I
CI
CLERK Commissioner Mealy read the title of the item into the record Shereported a
resignation had been received for the Economic Development Task Force and the Planning and
Architectural Review Board Since that time Mr Johnson has indicated he would like to rescind
his resignation She asked the Commission for their thoughts regarding Mr s
Johnson
reappointment to both boards It was the of the Commission to accept Ted Johnson
consensus s
request to rescind his to the Economic Development Task Force and the PAR Board
resignation
The Task Force membership assignments were discussed and how those appointments are made
by the Commission The specific seats were announced and reviewed Ranking was discussed
It was the consensus of the Commission that Ted Johnson to retain his seat as a citizen of Flagler

Beach Joseph Pozzuoli to retain his seat for Parks and Recreation and Richard Clemons as the
former member of SPAC The representative of the real estate community and the alternate seat
were to be ranked on by the Commission The Commission were given ranking sheets The

agenda moved to Item 16 The following appointments were made after the ranking sheets were

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completed Mike Akailis representing the Real Estate and Carmel
Community Phyllis as

Alternate 2 The agenda moved to Item 17

16 APPROVE A MODIFICATION TO THE PRICE OF CLEARING AND SUPPLYING

POWER TO THE GRANTED EASEMENT AT THE COUNTY SCHOOL BOARD
PROPERTY TO REFLECT A DIVERSION IN THE PATH OF THE EASEMENT TO AVOID
A DELINEATED WETLAND CITY ENGINEER Bob Smith reviewed the past request for

funding to clear the land in order to get power to the new well fields After that request was

approved a walk through was conducted where Cypress trees were located revealing wetlands
Because of this discovery a different course needs to be plotted out and there is a need for more
funding Motion
by Commissioner McGrew seconded by Commissioner Feind we allocate the
difference from the originally proposed amount of 75000 to 91 698 to extend the roadway in
out of the wetlands and for the
power lines to go to our new wells Commissioner Vath agreed
with the motion but felt there should
ve been a more proactive approach regarding this entire

project The motion carried unanimously The agenda moved back to Item 15

17 FORMAL UPDATE ON THE NEW WATER PLANT CITY ENGINEER Bob Smith

gave an update regarding the new water plant The only outstanding issue other than waiting for
the wells is that there was a chemical tank leak The manufacturer will be replacing it for us
The City does have a back up tank in the interim The plant should be up and running in nine
weeks Discussion ensued and included how many wells are ready waiting on the power for

two 500
000 gallons wells the consumptive use permit amount being 1 million gallons the old
plant the demolition of the plant putting our employees in a potentially hazardous situation the
employees background at the plant who have prior experience with welding and demolition the
lime silo the timing of the demolition not mixing the flows and the use of one of the buildings
on the other side of bridge No action was taken

18 RESOLD
PION 2008
62 AMENDING THE RATE SCHEDULES FOR WATER AND
SEWER SERVICES TO INCREASE THE RATES BY 96 PER ORDINANCE
1 O1
2008
PROVIDING FOR CONFLICT PROVIDING AN EFFECTIVE DATE HEREOF Attorney
Smith read the title of the resolution into the record Commissioner Provencher asked when the
water rates were raised last Staff indicated last year and the rates are raised on a yearly basis
John Moylan felt the rate should be looked at given the state of the economy Bob Chase

questioned whether the amount citizens are currently paying goes to the utility fund and why
there are always extra monies in the utility fund for other projects Commissioners Vath Mealy
and Feind explained how the utility fund works Frank Vignati asked if the City runs a cost

analysis if the index is out of whack Motion by Commissioner McGrew seconded by

Commissioner Feind we adopt Resolution 2008 62 The motion carried unanimously after a
roll call vote

19 RESOLUTION 63 AMENDING
2008 THE FEE SCHEDULE FOR SOLID WASTE
COLLECTION TO INCREASE BY 96 AS
1 REQUIRED BY ORDINANCE 03
2008
PROVIDING FOR CONFLICT PROVIDING AN EFFECTIVE DATE HEREOF Kathleen

Doyle Finance Director asked for this item to be tabled to the October 30 2008 meeting
Motion by Commissioner Feind seconded by Commissioner McGrew to table Resolution 2008

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 The motion and the second were amended to the first meeting in November
63 to next meeting
The motion carried unanimously The agenda moved to Item 21

COMMISSION COMMENTS

the Maintenance
Department on
20 COMMISSION COMMENTS Mayor Baker complimented
the renovation in City Hall She noted her attendance at Flagler
the volunteer celebration at
installation of officers and the of
Hospital the DAV Purple Heart Chapter 808 Flagler League
Cities meeting Mayor Baker reported from the League of Cities meeting that Mayor Robinson
of Bunnell asked for a letter of support related to a promissory note from FDOT for utility work
SR100 It the of the Commission to write a letter of support
completed on was consensus

about the Golf Cart issue Attorney Smith to follow up on the

Commissioner Vath inquired
issue He reported on a recent MPO meeting regarding the area where trucks come through town
to bypass the weigh station There is funding available for road repair Commissioner Vath
noted the TDC is requiring six month reports related to various funding He inquired about a
letter which referred to the need to transfer Flagler Beach Police retirement trust funds Mayor
Baker stated the finance department indicated the funds have been transferred Commissioner

Vath spoke of a beach management review and was wondering if the lobbyists could work
group
with the State Commissioner Mealy indicated Marlow only deals with the Federal level

Commissioner Provencher asked Commissioner Vath what position the TDC took related to
offshore drilling Commissioner Vath indicated they are supporting the item Commissioner

Commission know Kraut is of business In

Mealy reported on an m
e ail letting the Captain out

the same e mail there was a report of a hot dog vendor Commissioner Mealy wanted to be clear
that during special events like Biketoberfest there are vendors that will be selling hotdogs but
She noted an article about restaurants in Flagler Beach
they will leave after the event
Commissioner Mealy attended the County Commission Meeting and reported on the legislative

priorities that were sent to the state She reported on a call from Doug Baxter of the Flagler
in Flagler
County Chamber reporting the new radio station in Bunnell will be hosting a Buy
Commissioner asked Kania to send
Campaign on 24
10 at 00
12 Mealy Acting City Manager
staff to the event Commissioner Mealy noted her attendance at a joint dinner with Enterprise

Flagler and the Flagler County Chamber of Commerce where spoke with Representative Proctor
and reminded him regarding the submerge land lease Commissioner Feind announced the

Scenic Byway Volunteer Orientation will be held on Saturday hey are hoping for new
1
He requested his comments be read into the record at the next meeting due to his
membership
absence The agenda moved to Item 23

PUBLIC HEARING

ORDINANCE 08
2008 RELATING TO HE
I RENTAL OF CERTAIN NCiLE
S
21
DWELLINGS AS RESORT DWELLINGS RELATING TO TIIE RENTAL OF
FAMILY
CERTAIN 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

PROVIDING FOR CONTINUATION OF CERTAIN RESORT DWELLINGS

DISTRICTS

6 of 8 2008
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Page
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 FINAL READINGAttorney Smith read the title of the
ordinance into the record Commissioner Feind was not completely happy but thought the
ordinance was the result of a good compromise Mayor Baker expressed her objections to the
ordinance Commissioner Vath asked for the list of people to be allowed this use Jan Hancock

Planning and Zoning Director responded the list is available in the department but new
requirements have not been asked of the people on the list The compliance worksheet was also
discussed The application and the application checklist were read into the record
Commissioner Vath referred to line 253 and asked for clarification line 132 change the word
constructed to construed and line 207 correct the spelling of twenty four He referred to the

Comprehensive Plan and referenced non conforming uses Commissioner Mealy referred to
line 52 putting the word forms after applications and line 163 and 164 to add the wording low

density residential and medium density residential to the title of the subsection notices of
minimum requirements she suggested the wording there are several parking areas The
public hearing was opened Marge Click and John Moylan spoke regarding this issue Dennis
Bayer representing the Christy
s felt the burdens on the short term rentals were more than other
businesses in the City He expressed concern and wanted clarification regarding upgrading a

conforming use At the last meeting there was discussion regarding upgrading a non
non
conforming use Mr Bayer used Finnigans as an example of anon conforming use that was
allowed to upgrade Commissioner Mealy and Jan Hancock indicated the definition within the
code book would apply normal incidental repair The public hearing was closed
Commissioner Mealy shared her thoughts about the ordinance and reviewed why she felt the

compromise was a good one Topics she covered were the difference between short term and

term rentals the Venice case and keeping within the character of Flagler Beach
long
Commissioner Provencher felt this ordinance would regulate the activity in the community
Commissioner Feind felt this ordinance would also help the people in the condos in particular
Motion by Commissioner McGrew seconded by Commissioner Provencher we adopt
Ordinance 2008
08 with any amendments or with all the clerical changes made tonight The
motion carried four to one after a roll call vote with Commissioner Vath voting nay

22 RESOLUTION 61
2008 ESTABLISHING AN APPLICATION FEE FOR RESORT
RESORT CONDOMINIUM
DWELLING PERMITS PROVIDING FOR CONFLICTS AND
SEVERABILITY PROVIDING FOR AN EFFECTIVE DATE Attorney Smith read the title of
the resolution into the record Commissioner McGrew of the fairness of
was not sure imposing
the fee Commissioner Provencher asked this would be different than any other business
why
Attorney Smith indicated the fee would off
set the cost The public hearing was opened Valerie
Walter thanked the Commission for their efforts The public hearing was closed The amount of
the fee was discussed and justified by the amount of time staff will be spending this
on project

Page 7 of 8 2008
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 Commissioner Feind seconded by Commissioner Provencher we approve
Motion by
Resolution 2008
61 The motion carried four to one after a roll call vote with Commissioner

McGrew The agenda moved to Item 20

voting nay

STAFF REPORTS

23 STAFF REPORTS Assistant to the City Manager reported now that the lifeguards are no

longer using the ATV the police department is now patrolling the beach for violators of the

animal ordinance

24 ADJOURNMENT Motion Commissioner Provencher seconded by Commissioner

by
McGrew to adjourn the meeting at 38 The motion carried
9 unanimously

r 3
J Mealy Chai

Angela Clerk
M Apperson City

2008
16
10
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