REGt1LAR MEETING OF THF FLAGLER BEACII CITY COMMISSION JULY 24 2008 AT

30 P
5 fINUED UNTIL ITEMS ARE COMPLETE
M AND TO BE CON

PRESENT Mayor Alice M Baker Chairman lane Mealy Vice Chairman John Feind
Commissioners Joy McGrew Ron Vath City Attorney Charles Cino Interim City Manager
Bernie Murphy Planning Zoning Director Jan Hancock Interim Finance Director Kathleen
Doyle Community Redevelopment Director Caryn Miller and City Clerk Angela Apperson

ABSENT Commissioner Linda Provencher

1 CALL THE MEETING TU ORDER Chairman called the meeting to order at 30

5
Mealy
m
p

2 PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENCE TO

IfE ARMED FORCES
RECOGNIZE THE MEMBERS OF I Baker led the pledge to
Mayor
the followed by a moment ofsilence
t7ag

3 ANIATIONS AND AWARDS

PRUCI
A CERTIFICATE OF APPRECIATION TO RUDY ANDRI IN RECOGNITION OF

THE PAST THREE YF

ARS Mayor Baker presented a certificate of appreciation to Rudy
Andre
B PROCLAMATION DECLARING TUESDAY AUGUST 5 2008 AS NATIONAL

NIGHT OUT Mayor Baker read the Proclamation into the record and presented it to Deputy
Kevin Berne

4 DELETIONS AND CHANGES TO THE AGENDA No deletions and changes were made
to the agenda

Mr Bill Beckman letter related to his water bill discussion

THREE MINUTES presented a

ensued it was noted Mr Beckman would meet with the manager on this issue J NeJame
thanked the Commission and staff for the quick response related to his request to remove a
derelict watercraft Howard Sklar inquired if the definition for live aboards if permitted was
Board agenda for
drafted Attorney Cino responded the topic is on the next Planning
consideration Mr Sklar made a statement to the Commission related to a request for
documentation from the Planning Director Bob Chase with recent newspaper article
disagreed a

related to a request for more

lifeguards

l
CONSEN AGENDA

6 APPROVE THE MINUTES FOR TFIE REGULAR MEETING OF JULY 10 2008

SAME

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8 APPROVE AMENDMENT 1 TO THE COQUINA COAST MEMORANDUM OF

AGREEMENT

9 APPROVE A LETTER TO FLORIDA DEPARTMENT OF ENVIRONMENTAL

PROTECTION CHANGING THE PROJECT NAME ON THE EXISTING CONTRACT

FROM BRI LOW PROFILE GROIN STUDY TO SEABULL MARINE INC SHOREGUARD

10 APPROVE THE NOMINATION OF ANGELA APPERSON FOR THE FLORIDA

LEAGUE OF CITIES 2008 FLORIDA CITIES OF EXCELLENCE AWARDS PROGRAM AS

CITY CLERK OF THE YEAR

11 APPROVE CHANGE ORDER 1 AND 2 FOR THE MIRROR LAKE STORMWATER

PROJECT

12 APPROVE UNCLASSIFIED HOME BUSINESS TAX RECEIPT FOR MARY

AN
COLTER S PET
SUNSHINE MARY SHACK LLC 213 S 26TH STREET FLAGLER

BEACH

UNCLASSIFIED HOME BUSINESS TAX RECEIPT FOR RENA

13 APPROVE AN
BURTON PC N MORE CLEANING 320 N 3RD STREET UNIT 6 FLAGLER BEACH

that approve the

by Commissioner McGrew seconded by Commissioner Feind
we
Motion
to Item 15
consent agenda The motion carried unanimously The agenda moved

GENERAL BUSINESS

14 PRESENTATION FROM HENRY WOODROFFE RELATED TO TASK TWO OF THE

SPATIAL NEEDS ANALYSIS TIME CERTAIN 6 M Mr Murphy outlined the tasks the
00 P
second task
City approved for Mr Woodruffe The first task was the spatial needs study the
site selection and site Mr Woodruffe briefly reviewed the prior
was for possible design
for spatial needs He noted functional issues which came out of meetings with staff
presentation
meeting space functional relationship centralized record space technology improved services
community space coastal zoning generator consideration and an energy efficient building He
reviewed the potential sites where City Hall sits now he reviewed the possible design of the
if this was the best site for City
building and noted possible parking problems He questioned
Hall in the future He also looked at the corner of Flagler Avenue and State Road 100 He
recommended three lots which would require involving the County The last site is the Moody
Wickline Cultural Center He noted some restrictions with this particular site as Federal dollars
are involved Commissioner Vath thanked Mr Woodruffe for his presentation Commissioner
Vath asked that before the City moves forward he would like to project into the future how many
would be housed in this facility and make a spreadsheet how
years it would take before the City
much indebtness we would have how much per citizen in interest and capital costs
etc

educate the constituents this information would be

Commissioner Vath indicated in an effort to

Mr indicated he would work toward a financial proposal that would not

necessary Murphy
increase the property tax He informed the Commission of the current balance in the s
City
infrastructure tax Those funds are restricted to this type of project and the City may be
money
other funds from the of two parking lots If the City does not use the current
receiving purchase
2008
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site this site where Hall sits could also bring in funding The unknown issue is
City now some

how and if would get grant funding for the

we center and the museum Mr Murphy
community
spoke of doing the project in phases He indicated he would get the information together for the
Commission but made it clear that some of the information presented will be speculative
Commissioner Vath asked for the worse case scenario and the best case scenario when

City Hall
presenting Richard Price was at odds with the City contemplating building a on one

hand and being able to raises the other He felt strongly this not a
good time to
not give on was

build Mr Murphy made it clear the budget and the infrastructure tax money were two very

He stressed would be for the residents place for the

separate entities the building as a

comfortable for to do their jobs Mr

community to come
together not as a place employees
Murphy reviewed the sources of funding for City Hall as coming from restricted funds grants
and a possible sale of property Dave Robell felt strongly not to build on the current site and felt
the site on 100 and Flagler Teri Pruden felt it might improve morale for the employees to work
in a different environment She asked what Task 3 involves Commissioner Mealy explained it
would be for the design of the building if we should choose a site J Nejame felt if the
it would in tax dollars to the City
Commission chooses not to build on the current site only bring
and offset the cost of a new Hall Commissioner Feind felt the only site to consider would
City
much is the funding available He informed the citizens
be Flagler and 100 and so dependent on

not use the general fund the City will not

the go into the general fund If the City does
taxes

raise the taxes Commissioner McGrew felt the current building has served its purpose and the
site on Flagler and Moody would enhance the entrance to the City She also felt a community
center would be a nice addition at some point Many organizations would like to have a
facility
available to them in the City Mayor Baker felt she would like the report from Mr to see

Murphy before proceeding Commissioner Mealy pointed to several examples she has
seen in

City Hallrecently indicating a need for a new environment water leakage during a heavy rain
the lack of meeting space the need for the Finance Director to be in a more private environment
next task without the financial
There lengthy discussion regarding going ahead with the
was a

Miller reported the representative

report and the protocol for including the community Caryn
from Marlow had contacted her and indicated he had good news
regarding grants Motion by
Commissioner Vath seconded by Commissioner Feind to ask the Commission to approve the
site for the anticipated municipal building to be the corner of 100 and Flagler Avenue and task
staff with coming up with a financial spread sheet of what the overall financial picture might be
for the City in constructing of both of the suggested buildings that might be placed on that
Commissioner Mealy felt
property Cora Lee Leon suggested to go ahead with the design
The motion carried three to with Commissioner
strongly to go ahead with the project one

recessed 8
02 m
p The meeting reconvened at 16 p
8
Mealy voting Nye The meeting was m
The continued with Item 14 Mr Woodruffe reviewed the reason why the City might
agenda
the land Consensus
suggested talking to the county on acquiring
was
need more
property He
reached to have the City Manager move the negotiations along to acquire the property from
easier for a true
Flagler County Once those answers have been made it would become much
costs involved with site engineering
concept to be completed He also said there might be some
analysis Commissioner Vath expressed concern with negotiating for the property and doing the
to get the property from the
engineering analysis simultaneously He felt if we were not going
Ms Hancock
County Commission the City would have wasted money on the engineering
Planning and Zoning Director reviewed her meeting with Mr Murphy Mr Coffey and Mr
Hadeed regarding the parcel She expressed concern if the City waits to do the site analysis and
to us
the County releases the lots to the City and then the City finds the land not to be of value
She felt it was just proper due diligence to know what you are acquiring Commissioner

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McGrew was in favor of doing both at the same time in order for the City to move ahead as

the City has the Discussion went back and forth on the
quickly as
possible once answers
pros
and cons Mr Woodruffe was asked to estimate the cost of the site analysis He indicated it
would be approximately 10
000 Consensus was reached to
perform the necessary engineering
as delineated by Mr Woodroffe on both properties in a 000 and to be
sum not exceed 10

ratified at the next meeting

15 THE NEED FOR AND USE OF DEDICATED FUNDING FOR THE FLAGLER COUNTY
PUBLIC LIBRARIES REQUESTED BY THE BOCC AND THE BOARD OF TRUSTEES OF
THE FLAGLER COUNTY PUBLIC LIBRARY TO BE DECIDED BY THE AUGUST 26Tx
PRIMARY ELECTION MARY ANN CLARK Commissioner Mealy read the item into the
record Ms Clark was not present at the meeting Richard Price asked if the County Library
was
asking for support He felt it would be more important to support our library He
local

t in support of the residents to pay if the referendum passes Mayor

wasn city being obligated
Baker was not in favor of the referendum Commissioner Vath was in agreement with the
Commissioner McGrew felt it was unfair to have a discussion without a
presentation
Mayor
No action was taken on this item The item is rescheduled for the next meeting

16 a 43 APPOINTING THE FIRM SHEPARD SMITH

RESOLUTION 2008 CASSADY
P A AS CITY ATTORNEY FOR THE CITY OF FLAGLER BEACH FLORIDA
PROVIDING FOR CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE Attorney
Cino discussing Item 16b first and moving onto the resolution after the dates for
suggested
transition have been set The moved to Iteml6b Attorney Cino read the resolution into
agenda
2008
the record The resolution was amended to reflect the effective date being September 2
Motion by Commission Feind seconded by Commissioner McGrew we approve Resolution
2008 08 The motion carried unanimously after a
43 as amended with the effective date of 9
2
roll call vote The agenda moved to Item 20

b ESTABLISH A TRANSITION SCHEDULE Drew Smith introduced himself

Cino and Smith

s transition will be the month of August Attorney Cino
Attorneys period
He asked the Commission to
expressed some concern about limiting his contact with the City
contacts he is permitted to speak to It the of the Commission for
name the City was consensus

from the to Attorney Cino Mr Murphy and Chairman Mealy Richard Price
the contacts City are

thanked Attorney Cino for his time with the City

45 WHICH ADOPTED AN
44 AMENDING RESOLUTION 2005
17 RESOLUTION 2008
ADMINISTRATIVE POLICY FOR THE PERFORMANCE EVALUATION AND

PERFORMANCE PAY INCREASE SYSTEM TO ALLOW FOR THE USE OF AN

ELECTRONIC APPRAISAL FORM PROVIDING FOR CONFLICT AND PROVIDING

FOR AN EFFECTIVE DATE Attorney Cino read the title of the Resolution into the record
Commissioner Mealy review the reason for the resolution Commissioner Vath spoke in favor of
Commissioner McGrew seconded by
the electronic performance evaluation Motion by
Commissioner Vath that Resolution 2008
44 The motion carried unanimously after
we adopt
a roll call vote

45 AMENDING RESOLUTION
18 RESOLUTION 2008 58 WHICH ADOPTED
2007 THE

FY 07
08 BUDGET TO REFLECT A BUDGET AMENDMENT TO PROVIDE FUNDS
NEEDED FOR ADDITIONAL SANITATION DEPARTMENT TOTES AND DIESEL FUEL
COSTS PROVIDING FOR CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE

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 Cino read the title of the resolution into the record Commissioner Mealy explained
Attorney
additional totes were need to support a recent ordinance passed by the Commission and to cover
the rising cost of diesel fuel Commissioner Vath felt this resolution was direct reflect of our

economy Motion by Commissioner Vath seconded by Commissioner McGrew to accept

2008 The motion carried
Resolution 45 unanimously after a roll call vote

19 ESTABLISHMENT OF FISCAL YEAR 08

09 TENTATIVE GENERAL FUND MILEAGE
RATE FOR THE DR
420 CERTIFICATION OF TAXABLE VALUE Mr Murphy explained
as
part of the trim process the City needs to at this juncture in the budget year submit a millage
that will be attach to information going to all of the tax payers He reviewed the legislation that
affected the county and the municipalities this year Mr Murphy recommended the City adopt a
0198 He continued to explain the rate is under the roll back rate and is under
millage rate of 3
the maximum millage rate He reported because of the amendment the City experienced 118
million reduction in our evaluation The impact was over 315
000 in and of itself not taking
into account inflation Mr Murphy reviewed several items that have significantly increased in
the last year power fuel and reduction in State Commissioner Vath
more
anticipated revenues

noted the advalorum rate is about the same as last year He asked if the City could exceed that
number Murphy explained the calculations and said no not without a super majority vote
Mr

He noted all services will be maintained at the current level and all employees are retained He
noted there is no salary increase in the budget for employees excluding the police department
who are under contract Commissioner Vath expressed concern regarding not increasing the
salaries it in the employees He asked the rest of
at all as
might mean a great deal of turn over

the Commission if they would consider an increase Commissioner Feind thanked staff for their
work the He also concerned regarding the raises and noted the cost of living is
on
budget was

5 Commissioner Feind requested from staff the amount the millage rate would be raised if the
the employees Kathleen Interim Finance Director
City were to
give 2 raises to Doyle
indicated the millage rate would be raised about a half of a tenth from what was recommended

Commissioner Feind noted raises are being given by the County and City of Palm Coast He
the

felt giving staff a 2 raise would acknowledge a job well done He

suggested donating the
Commissioners increase in order to help fund the raises Commissioner McGrew expressed
the employees should feel
hesitation regarding giving raises to employees this year She felt the
secure knowing they have a job and no positions will be lost this year Commissioner Mealy
in

suggested raising the millage rate at this meeting in order to give some flexibility when the
Commission has the budget hearings Richard Price needed clarification regarding the current
672 Mr Price was
millage rate and the increase He was informed the current millage rate is 2
in agreement with Commissioner McGrew J Nejame was in agreement with Commissioner
McGrew He suggested the City take advantage of the discount cards provided by the Chamber
Kim Carney asked if a City employee left could they keep the position vacant Mr Murphy

explained how thinly staffed the City is and spoke of two full time positions that were replaced
to be mindful of
time positions Bob Chase suggested when in the hearing process
by part
raising the millage rate Motion by Commissioner Feind seconded by Commissioner Vath that
the Rate at 3
0 739 for both Flagler Volusia The motion carried three to one
we set Millage
with Commissioner McGrew voting Nye Consensus was reached the Budget Workshop to set

Hearing 1St
dates
Budget Workshop August
as 7 2008 d
2 Budget Workshop on August 27
2008 if needed the 1St Budget Hearing September 15 2008 and the 2 d Budget hearing
2008 The moved to Item 14
September 25 agenda

COMMISSION COMMENTS

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20 COMMISSION COMMENTS Commissioner Vath reported on
legislation regarding
about disabled resident needing help putting out their
Worker Safety Issues He inquired a

Commissioner Vath informed Sanitation is aware and will assist the resident as
garbage was

they do other disabled residents Commissioner Vath needed clarification regarding the garbage
ordinance and the commercial restrictions He was informed the weight of the garbage from
commercial cans tends to be heavier so three cans the commercial property will need to
beyond
invest in tipper cans of the sanitation workers Commissioner Vath inquired if the
for the safety
Disaster Preparedness Handbooks were available at the City He was informed they are at City
will be putting an item on
Hall the Library and the Fire Station He let the Commission know he
an upcoming agenda regarding the property on S 23 d Street Commissioner Mealy reported on
Flagler County League of Cities Meeting Mr Coffey made presentation
a
her attendance at the
000 the County budgets for the lifeguards
and noted the 80 is in next s budget She
year
Roberts Road
attended Enterprise Flagler Meeting and reported work has started
on

resolutions for the Florida League of Cities

Commissioner Mealy inquired about the proposed
The resolutions will appear on the next agenda

PUBLIC HEARING

21 ORDINANCE 09
2008 AMENDING APPENDIX A LAND DEVELOPMENT
ARTICLE V DEVELOPMENT DESIGN AND IMPROVEMENT
REGULATIONS
TO ADD SECTION 06
5 REDEVELOPMENT AREA MINIMUM
STANDARDS
STANDARDS PROVIDING FOR INCLUSION INTO THE CODE OF ORDINANCES
PROVIDING FOR CONFLICT AND PROVIDING AND EFFECTIVE DATE SECOND AND
Cino read the title of the ordinance into the record Motion by
FINAL READING Attorney
Commissioner McGrew seconded by Commissioner Vath we
adopt Ordinance 2008
09 The

motion carried unanimously after a roll call vote

22 ORDINANCE 10
2008 AMENDING APPENDIX A LAND DEVELOPMENT

REGULATIONS SECTION 5 03 41 IRRIGATION METERS SUBSECTION A REQUEST

FOR METER INSTALLATION TO EXEMPT GOVERNMENTAL PURPOSES
CODE OF ORDINANCES PROVIDING FOR
PROVIDINGFOR INCLUSION IN THE
CONFLICT AND PROVIDING AN EFFECTIVE DATE FIRST READING Attorney Cino
read the title of the ordinance into the record Motion by Commissioner Vath seconded by
Commissioner Feind
to adopt 10 The motion carried unanimously after a roll
Ordinance 2008

call vote

STAFF REPORTS

if the draft ordinance regarding debris from

23 STAFF REPORTS Attorney Cino inquired
the next Mr Murphy indicated he had
emergency management situations would be agenda on

informed the
Chief Roberts working on it as well and to coordinate with him Attorney Cino
has do with
Commission the Black hearing is scheduled for this month The case to a

foreclosure where the has liens the property He reviewed a letter he received from the
City on

signs and suggested if the City were go ahead with this the
State regarding the golf cart crossing
City may want to consider the golf carts being able incorporate it into the
to cross the bridge and

City Hall design Attorney Cino reported on the Florida League of Cities Attorney Conference
he will be forwarding along reading material City Clerk Apperson read an email from the
and

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Save Flagler Blog editor regarding the way the minutes are prepared She reviewed the

requirement of Florida Statute She asked the Commission for direction regarding the detail
needed in the minutes for the Commission It was the consensus of the Commission the minutes
fine and additional information is available four ways three of which are free
as
prepared are

Caryn Miller reported Bobby Webb

s daughter was in a car crash about two weeks ago She
asked for approval to take up a collection for Bobby to cover his expenses It was the consensus

forCaryn to go forward to set

up a fund with the bank Commissioner Mealy volunteered to

speak to a representative at RBC to set up an account

24 ADJOURNMENT Motion by Commissioner Feind seconded by Commissioner McGrew

to
adjourn the meeting at 3
9 p The motion carried
1 m unanimously

J Mealy Chairma

Gh
Angela M Appers City Clerk

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