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tt6REGULARMEETNGOFTHEFLAGLERBEACHCTYCOMMSSONMAY14 2009AT5

0PNDTOBECONTNUEDUNTLITEMSARECOMPLETEPRESENT Mayor AliceMBaker Chairman Jane MealyVceharmanJohn FeindCommssioners JoyMcGrew Linda Provencher RonVathCity AttorneyDewSmth InterimCty Manager Bernie Murphy Police ChefDan Cody PublicWorksDrectorCtyngineerBob Smth Community Redevelopment DrectorCaryn Miller Assistant to the City ManagerLibbyKanaandAdmnstrativeAssistant KateSettle1CALLTHEMEETNGTOORDERChairmanMealy called to order at51p2PLEDGE OF ALLEGANCEFOLLOWED BYAMOMENT OF SLENCE TORECOGNIZETHEMEMBERSOF THEARMEDFORCES Mayor Baker led the pledge tothe flag folowedbyamomentofslence3PROCLAMATONSANDAWARDSMayor Baker read the proclamation into the recordand commended theCtysublicWorksDepartment4DELETONSANDCHANGESTOTHEAGENDACommssioner Mealy suggestedchanging theorderofItems 8and9Item9to beheard first Consensuswasgiven to listen toItem9before Item85COMMENTS REGARDING ITEMSNOTON THE AGENDA CTZENS AREENCOURAGED TO SPEAK HOWEVER COMMENTSSHOULD BE LIMTEDTOTHREEMNUTES Lea Stokes representing the Chamber ofCommerce The Chambercommended theCommssion andSaffonensuring the pier is safe Asaitizenshe reported theCounty and the City ofPalmCoast have adopted ordinance addressing the bid process wthconsiderations for local vendors She hoped the Commssionwould consider adopting suchanordinance MsStokes also informed theCommssionCounty CommssionerRevels is formingaroundtable and she hoped the City would have aplace at such aoundtable discussionCommssioner Mealy reported she is in the processofdrafting suchanordinance Phyllis Carmelexpressed concernhat the State andFederal Government aremore interested ingiving stimulusmoney to larger cties She is worriedFlagler Beachwll be gobbled up by Palm CoastCommssionerMealy reported onthe1mllionofstimulusmoney theCitywllbe receiving

CONSENTAGENDA6APPROVETHEMNUTESFORTHEREGULARMEETNGOFAPRL

300097 APPROVEACONTRACTWTHBRGHTHOUSEFORINTERNETSERVICESATTHENEWWATERTREATMENTPLANTMotionby CommssionerMcGrew seconded by CommssionerFeind to approve theConsentAgenda Themotion carried unanimously The agendamoved to Item9

GENERALBUSINESS

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8DISCUSSTHERATESCHEDULE FORREMOVALOFYARDWASTEESPECALLYPALM FRONDS COMMSSONERFEND Bob Smth City Engineer and HughEberhardinger Solid Waste Department Superintendent introduced the item They made apower point presentation outlining thecost to theCty anddepicting someofthe instancesoftheyardwasteintheCity andtheamountoftime staffrequires to complete the large pick ups Theynoted the cost savings to theCty aswell as introducing revenue producing routessince theOrdinance has been in effect Dscussion ensued and included howthe feewascalculated thenumberofmonthscitizensweregiven gratis pick ups after theOrdinancewasadopted whetherthe fees would be charged after storms FEMAreimburses the City afterastormeducating thecitizens onhow much to put out at agiven time citizens having the options ofputting palmfronds out a littleat a time pay theCty orfind another means to haul the yard debris thevariouswaysCty staff has made it clear tothe public vaaetter the website and sanitationworkers talking to individual citizens educating the citizens ifacontractordoes the yardworknegotiatewth the contractor that they remvethe debris and construction debris not beingpicked up by the SanitationDepartment Commssioner Feind clarified the intentofthe itemwasnot to look at the ordinance again in its entirety but to clarify the fees regarding the palmfrondsMSmth broke down the cost to dumpaful loadofyardwaste He felt itwasafarchargePhyllis Carmel expressed her frustration wththe ordinance Dave Robel felt why aggravate ahomeowner bynotpicking up his trash JNejame explained whathe needed to do inorder forhim to getapile down to thecorrectpick up size Henoted thecitizens need to know where theycantake therconstructiondebris and inother communities invest inachipper and usethemulchfor City property and sell themulch to thectizens Rusty Pace suggested putting the pick upsonaschedule M Smth reported the pick ups areonaschedule and he also reported intheletter sent to eachczenomeowneristed where they can take ther construction debris LeaSokes lives inacondomnium association and there is notachoce The association paysacontractor to haul thewaste She felt itwasunreasonable to expect the City tohaul away thekind ofyard wastedepicted in the presentation Mayor Baker noted the City used tohaveachipper andwondered ifitwouldpay for itself in the long runMEberhardinger explained thechipper theCity used toownwasnotcost efficient and theCounty did itaswell and they couldnotgiveaway themulch produced Commssioner McGrew remembered the chipper aswelThemulchproducedwasfulofcarpenterantsetc TherewasnoactiontakenonhsitemTheagendamoved to Item109CONSIDER A REQUEST FORCOPONSORSHP OF THE FABULOUS 4THFESTIVAL STREET CLOSURES PARADEANDOTHERDETALSOF THE EVENTFLAGLERBEACHCHAMBEROF COMMERCEREPRESENTED BYCHARMANLEASTOKESMsStokes thanked the City for past coponsorshipofthe event She thanked theFlagler BeachMuseum and the Rotary Cub for ther support and sponsorship The theme isFipFlops Fun andFreworksMsStokes anticipates agreat turnoutbecause fewer peoplewllbe traveling The event is to take place July 3 and July4She reviewed the changes asleaveCentral Avenue openfromSR 100 to2dtreet leave2dtreetopenall theway throughstart the street closures lateThursday night orearly Friday morning at2dtreet Southdownto4th Street closing3nd 4 th Streets fromAIAto Daytona and thenclosed down2dnd CentralfromSR 100 to2at noononFriday She requested the streets remained close throughout theentire eventuntil110pnSaturday evening Vendors oracashowwll take the spaceoncentral adjacent totheFarmersarket Vendor Registrationwll take place Thursday eveningand vendors that donot register onThursday night must do so at60aFriday morningPage 2of8 054008

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Ater90aovehicular trafficwllbe allowed The vendorscanstay openuntil110pon Friday night and open on Saturday90antil110phe outlined where thewatermelon eating and BBQ eating contestswould take place She reviewed the entertainmentlineup On the 4 c h ofJuly the parade will begin at100aireworks wll take placebetween 9to9

0p

he requestedabanner beput upat CityHall theChamber is requestingtheownersofDollar General Finns and CrossTdes at SR 100 andAIAtoalowbanners to beputupAquestionandanswerperiod followed Therewassomediscussion regarding closing thestreet in front ofCity Hal Commssioner McGrew felt strongly there should be someconcession from the Farmers Market inorder to faclitatethe set up for the event in themostefficient way possible She asked for Bll Forehand owneroftheFarmersarket to comeforward She asked himhow it would affect his business ifthe Cty closed the roads Hereported aoss last year when the street closures started at60aPhyllis Carmel neededcarificationregarding theCtysarking lot MsStokes clarified the parking lotwll be usedfor the entertainers and volunteers and any overflowofvendors Commssioner Feind and

Commssioner Mealy felt the Chamber and the Forehands had come to amutual agreementCommssioner Feind asked forMsStokes tocome back in June for anupdate Motion byCommssioner Feind seconded by CommssionerMcGrewwe coponsorhe FabulousFourthFestival and tentatively approve the closures parade route etcpending further deliberationsbetweentheChamber and staff Themotioncarried unanimously The agendamoved to item810CONSIDER AUTHORZINGPUBLIXTO

ACTORSUPERMARKETS INCREPRESENTEDBYSCOTTBRUBAKERKmBrunson DwayneStevens and Scott Brubaker representing Publix requested the Commssion alowPublix tobeable to contractwthanoutsidecarrier tohaul therthirty yard compactoruntiltheCity isable todosoMSmth reported he hadmade the applicant awareoftheCtysrdinance regardingsolidwasteand suggested they come before theCommssion tomake therrequest foraspeciallicenseopermit because the City currently cannot handle the roloffdumpster MMurphyreported theCtysurrentordinance does notalowfor anoutsidehander The City has stoodby the ordinance inevery project that has come before theCommssonMMurphy continuedand reported there may beabusiness opportunity for theCity to get into the roloffbusinessMSmthdidapreliminarycost andapproximate revenuethat could begenerated by purchasingarolofftruck He noted several ways inwhchthe City could benefit from suchapurchaseM Eberhardingerhas research used equipment MSmthsecommendationwasto treat theroll offtruck asabusinessM Murphy assured wthMSmthsffirmationcurrent staffcould do thstype ofwork Commssioner Vath requested abusiness plan for thsventureshowing theCommssionexpenses and revenuesproving itwllbeanongoing business thatwllnot costs the residentsmoney He asked the Publix representatives ifthey buy the compactororiftheyuse the compactors provided by the hauerThey indicated they purchase the compactorandhave therownspecifications that gobeyondOSHAstandards The timelineofeventswasdiscussed wthMark Turner the developer Possible solutions regarding how to handle thesituation werediscussed at length Motion by Commssioner McGrew seconded byCommssioner Provencher authorizing City staff to enter into an agreement wthWasteManagement to service the rol off at Publix and authorizing City Saff to enter into anagreement wthPublix thatPublix would pay those service fees fromWasteManagement untilsuch time as theCty is able toprovide the servicewthout using acontractor Themotioncarried unanimously MotionbyCommssioner Provencher seconded by CommssionerVathPage 3of8 04008

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for staff to bring back abusiness plan as far as purchasing oneofthese trucks as quickly aspossible Themotion carried unanimously Commssioner Mealy recessed at72phemeeting reconvened at77p11DISCUSSIONANDNECESSARYACTONREGARDNGCHANGING THE POLICERECORDSCLERKPOSITIONFROMPARTMEOAFULLMEOLICECHEFLibby Kana reviewed the history of the position She noted in the past there wasanadmnistrative sergeantfulimt the police station Crcumstances have changed and theCityprefers having ouofficers outonhe road It is the intent ofthe Police Chief should theposition become fultime the person inthspositionwouldbe responsible for handling evidenceas it comes into the police station as well as maintaining the records Inmany othermunicipalities alay person handles the evidence and it proves to beanoverall cost savings tothose municipalities Currently there is notacollection system in place for tracking fines andthere isanopportunity for thecurrentperson in the position tomanage thecurrentgrantsaswellas research other possibilities for the Police Department She reviewed the costs invovedinchanging thecurrentemployee frompartimeofulimnd the Police DepartmentsudgetTherewassome discussion regarding job sharing Carification regarding the evidence pieceofthe position wasdiscussed and the fewer people wthaccess to the evidence the betterCommssioner Vath wasconcerned how thswould work during the budget process Thecollection processwasdiscussed and the numberofcitations being issued MMurphy felt thePolice Department is avery productive department and the need is thereCommssioner Feindfelt itwascost effective to have acvlian checking in the evidence Commssioner Mealywanted to ensure the position description would be revised to include the newrequirementsMotionby Commssioner Provencher seconded by Commssioner Feind weapprove makingthePolice RecordsCerk position frompartimeofulimhemotion carried unanimously12DISCUSSIONANDNECESSARYACTONREGARDNGTHE PURCHASEOF AUSED TRUCKFORUSE AS ABRUSHTRUCK FIRECHEF ChefMartinRobertspresented the item andreviewed the documentsdstributed Commssioner Feind questioned thenecessity ofthe truck ChefRoberts assured him the truck wasanecessity The truck thedepartment currently useswllgo back totheDvsonofForestry Commssioner Vath thoughtmaybealub cab might bemoreapplicable ChefRoberts explained the he andhs firefightersdiscussed the option but felt the longer the truck the harder to maneuver Motion byCommssioner Vath seconded by Commssioner Provencher to approve the purchase oftheused firetruck asabrush truck have itappropriately logodnd have theChefconvertit toouusethe 2003 Chevy Slverado 3500 whchis at the cost of1850lus taxMMurphyinformed the Commssion they wllbe bringing it back asabudget amendment The motioncarried unanmously13DISCUSSIONANDNECESSARYACTONRELATEDTOTHERGHOYSEAGREEMENTFORSALTYDOGRESTAURANT CRADRECTORMMurphy reportedthe agreementwasdrafted by Attorney Smthand presented to theBarrihllsMBarnhll hadanissuewthtwopoints but has agreed to take outa1mlliondollar liability policywtha1mlliondollarumbrelaAttorneySmthreferred toItem5citing the change insteadofsaveandhold harmless it would be adjacent ownerand adjacent city tenant shall hold the Cityharmess He explained the meaningofthe change tobe theownerwould notsue theCty butwould notdefend the CityifsomeoneelseddItem6 would be removed in its entirety numberPage 4of8 04008

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7onemlliondolarswould be changed to twomlliondolars Paragraph 13 the last lineparagraphs would change to paragraph The wording would reflect paragraph5ndparagraph6ould be deetedThedocument would need to berenumbered as Item6wllberemoved Commssioner Vath wondered ifthe tenantchanges can the agreement be renewedAttorney Smth reported on thewording and intentofthe tennination clause inthe agreementHoward Sklar wanted to clarify ifthe agreement wasfor oneproperty in the City and oneproperty only Commssioner Mealy reported the agreement is limtedtotheproperty Motionby Commssioner McGrew seconded by Commssioner Provencher wedirect stafftoexecutethe necessary paperwork for the agreement for the rightofway for the Salty Dog restaurantwththechanges thatwerementioned byouAttorney Themotion carried unanimously14RESOLUTON 200926PPROVNG THE LOCAL AGENCY PROGRAMAGREEMENTWTHTHESTATEOFFLORDADEPARTMENTOFTRANSPORTATIONIMPROVEMENTSANDPROVDNGANEFFECTVEDATE CRADRECTORAttorneySmth read the titleofthe resolution into the recordMotion by Commssioner Provencherseconded by Commssioner McGrew we approve Resolution200926he motion carriedunanimously afteraolcalvote15RESOLUTON200927EQUESTING THE ASSSTANCEOF GTATO PRORTZE THE INTERCTYRALCOMPONENT OF THE FEC CORRIDORPROJECT FROM JACKSONVILLE TO MAM AS PART OF THE FEDERALECONOMCSTMULUSPACKAGEFORTHE STATEOF FLORIDAPROVDNGFORCONFLICTANDPROVDNGANEFFECTVEDATE AttorneySmthread the titleoftheresolution into the record Commssioner Mealy reported onthehistoryofitemand thepurposeof the resolution was to hopefully bring jobs and tourismto the County Motion byCommssioner Provencher seconded by Commssioner Feind to approve Resolution200927Themotion carried unanimously afteraolvote16RESOLUTON200928ETTING AFEE FORGOLF CARTREGSTRATONANDRENEWALPROVDNGFORANEFFECTVEDATE Attorney Smth read the resolutioninto therecord ChefCody felt the twenty dollars for the registration and the fifteen dollars forrenewal would besuficentMotionby Commssioner Provencher seconded by CommssionerVathweapprove Resolution200928ththe twenty dollars for the registration fee and fifteendollars for the renewal feeThe motion carried unanimously afteraolcalvote17RESOLUTON200929MENDNGRESOLUTON200854HCHADOPTEDTHEFY089UDGET TO REFLECTABUDGET AMENDMENT FOR FUNDNGTOPURCHASE NECESSARY SIGNS FOR IMPLEMENTATON OF THE GOLF CARTORDINANCEPROVDNGFORCONFLICTANDPROVDNGANEFFECTVEDATEAttorney Smth read thetitleofthe resolutioninto the recordCommssioner Mealy clarified theitemwaspreviously discussed the resolution wasbrought forward for funding purposesCommssioner Vath questioned ifthe funds for the signs could comeoutofadepartment thatmight have alittleexrain therbudget M Murphy gaveabriefdescriptionofthe budgetaryissues wth the Cty revenues Motion by Commssioner Provencher seconded byPage 5of8 054008

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CommssionerVathweapprove Resolution200929hemotioncarried unanimously afterarol callvote18DISCUSSION ANDNECESSARY ACTONRELATED TO HAVNGONE DAYMEETNGANDONENGHTMEETNGDURING EACHMONTH MAYORBAKERMayor Baker felt thiswould give the citizens achoiceofdayornight meeting Someofthecitizens arenotable to drive at night She also felt itwastough onstafftoworkall day andcome to meetings inthe evening She further cited some department heads take admnistrativeleave the following day Mayor Baker noted the County and the School Board have daymeetings Commssioner Provencher asked Commssioners Vath and Feind ther experiencewithday meetings Dscussionensued and included the attendancebeing smaller staffwould beavailable during the day and could be called upon to attend the meeting when necessaryscheduling with theTV scheduling theCRAmeeting and theday meeting the second meetingofthemonth Commssioner Mealy questioned the issue ofstaffnot being available toworktheday afterameeting She wonderedhowitwould affect staffto beinameeting during the dayMsKania spoke to her experiencewhen therewasaday meeting The timeofthemeetingwasdiscussed Itwasthe consensusofthe Commssion tochange the schedule to onemeeting at10p

nd last meetingofthemonth to beat50p

19CONSIDERAPPONTMENTSTOA THEPLANNNG ARCHTECTURALREVEWBOARD Nomnationmade byCommssioner Provencher seconded by Commssioner Feind to reappoint Lea Stokes to Seat 7onthePlanningandArchtecturaRevewBoardThenomnationpassed unanimouslyB THEBOARDOFADJUSTMENT NomnationbyCommssioner Vath seconded byCommssioner Provencher to reappoint SlvoDiGregorio toSeat 5ontheBoardofAdjustmentThe nomnationcarried unanimously Nomnationby Commssioner Provencher toappointNancy Scarci for Seat Four The nomnation died for lack ofasecond Nomnation byCommssionerVath seconded by Commssioner Feind toappoint Frank Viagnati toSeat 4 onthe BoardofAdjustments Thenomnationcarried unanimouslyC THE CODE ENFORCEMENT BOARD Nomnation by Commssioner McGrewseconded by Commssioner Feind to reappoint Rch Mulvaney toSeat4The nomnationcarried unanimously Nomnation by Commssion McGrew seconded by CommssionerProvencher to reappoint Rchard Faddis to Seat 5The nomnation carried unanimouslyNomnationbyCommssioner McGrew seconded byCommssionerProvencher appoint AndyMkos to Seat 6 on the Code Enforcement Board The nomnation carried unanimouslyD THEFIREPENSIONBOARDCTYAPPOINTEE SEATMotion by CommssionerMcGrew seconded by Commssioner Provencher to reappoint Sharon Stokes to the Cityappointee positiononthe Fire PensionBoard Themotion carried unanimously CommssionerMealy felt the applicant isanempoyeeouneerfireman She didnot feel theCty Appointeeseat should befilledby anemployee CommssionerMealy made itclear this discussiondidnotreflect any personal feelings regarding The intentionofthe seat is toserve in the best interestsofthe Cty Motion by Commssioner Provencher seconded by Commssioner Vath thatCommssion Mealy fill the position onthe Fire Pension Board The motion carriedunanimouslyE THE ECONOMIC DEVELOPMENTTASKFORCE Kate Settle AdmnistrativeAssistant announced theresultsofhe ranking sheet asbeing Ted Johnsonto complete the termPage 6of8 054008

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oftheSPAC seat Chris Casper to movefromanalternateposition to completing theCtizen atLarge seat and appoint Andy Mkos to complete the alternate seat on the EconomcDevelopment Task ForceMotionby Commssioner Vathseconded byCommssioner Feind toapprove the ranking sheet asrecited byouCityCerk Themotioncarried unanimously

COMMSSONCOMMENTS20COMMISSION COMMENTS Mayor Baker read two letters from the Flagler BeachDepartment commendingOficerSheffield andOficerArceri forajob well done She read aletter from a citizen who resides at the Nautilus commending Scott Jackson of the FireDepartment for his help Mayor Baker also attended aservice at the Flagler County LawOfficersMemoria Commssioner Provencherwllnot be able toattend theMay 28th MeetingShe inquired ifhe Animal Ordinance could be ready for first reading at theMay 28 th meetingCommssioner McGrew thanked the other Commssioners for attending the Rotary Event lastweekend Commssioner Feind wanted toensure theScenic Highway matching grantwasbeingpaid appropriately He reported the Fire Department wastraining wththeWave Runner andwaspleased itwasbeing used Commssioner Feind reported the budget in Tallahassee is nolonger funding the Florida Forever Gant Commssioner Feind commended theJr LifeguardProgram and is pleased it is continuing He updated the Commssiononhis research regardingtheCity applying foragrant from theScenic Highway for moreparkingonAAHe spokewththecoordinator and she indicated itwouldnotbe feasible CommssionerMealy attended TasteofFlagler Shewasaittledisappointed therewasonly one local restaurantwasinattendanceShe attendedWadworthslementary Schools2dgrade Environmental Program at GambleRogers Commssioner Mealy attended the MuseumBoard Meeting and reported onthe fundscollected for theCtyby providing fireinspections

PUBLICHEARNG21 ORDINANCE200909MENDNGCHAPTER18 OF THECODEOFORDINANCESARTCLEIIIPUBLICSERVICETAXTOAMENDSECTIONS188HROUGH183O

STAFFREPORTS

22STAFF REPORTS AttorneySmthasked permission to bring inanexpert planner togiveexpert testimony onthe Comprehensive Pan Challenge Case reOcean PalmGofCourse Itwasthe consensusofthe Commssion for Attorney Smth to move forward and research thepossibilities InterimCity Manager Murphy remnded the Commssionofademonstration ofequipment at theWastewater Pant tomorrow Assistant to theCity ManagerKanaremnded theCommssion there aremnor issues needed to be carifiedwthCerk Apperson before thePage 7of8 054008

PUBLICSERVICE TAXESPROVDNGFOR CODIFICATION SEVERABLITYANDCONFLICTS ANDESTABLISHNGANEFFECTVEDATE SECOND ANDFNALREADNGAttorney Smth read the titleof the ordinance into the record Motion byCommssion McGrew seconded by Commssioner Provencher to approve Ordinance200909onsecond and final reading Themotion carried unanimously afteraol call vote

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meeting times canbe changed City Engineer asked the Commssion for aittlemoretime rethe golf cart signage The Commssion expects completion regarding the golfcart signage byJune123ADJOURNMENTMotionby CommssionerMcGrew seconded by CommssionerFeindto adjourn themeeting at95phemotion carried unanimously

JaneMealy Chairman

KateSettleAdmnstrativeAssistant

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