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REGULARMEETNGOF THEFLAGLERBEACHCTYCOMMISSIONAUGUST72008AT50PNDTOBECONTINUEDUNTIL ITEMS ARECOMPLETEPRESENT Mayor Aice MBaker Chairman Jane MealyVceharmanJohn FeindCommissioners Ioy McGew Lnda Provencher Ron Vath City Attorney Charles Cno InterimCity Manager Bernie Murphy PublicWorksDirectorCtyngineer Bob Smith and Deputy CityCerk Penny Overstreet1 CALLTHEMEETINGTO ORDER Chairman Mealy called the meeting toorder at50p2 PLEDGE OF ALLEGANCE FOLLOWED BY A MOMENT OF SILENCE TORECOGNI7EHEMEMBERS OF THEARMEDFORCES Mayor Baker led the pledge tothe Flag followed by amomnofsilence3 PROCLAMATIONSANDAWARDS Noproclamations orawardsweregiven4 DELETIONSANDCHANGES TOTHEAGENDA Therewerenodeletionsorchanges tothe agenda5COMMENTS REGARDING ITEMS NOT ON THE AGENDA CITIZENS AREENCOURAGED TO SPEAK HOWEVER COMMENTS SHOULD BE LIMTED TOTHREEMINUTES Phyllis Carmel commended Mr Smthsaintenancecrewor the quickresponse to aproblem in her neighborhood She asked about leftoverfunds in the CRA MrMurphy indicated there wasnot left over funding in the CRA Bob Chase spoke of hisattendance at the Budget Workshop and he appreciated the Commission for their work Heexpressed concernregarding the proposed newCity Hall

CONSENT AGENDA

6 APPROVETHEMINUTES FOR1EREGULARMEETINGOF JULY242008ANDTHESPECIALMEETINGOF JULY242008

7 RATIFYCOMMISSIONACTION OF JULY24 2008 TOPERFORM THENECESSARYENGNEERNGURVEYNGNTHEPROPERTIESBEINGCONSIDERED FORTHEPROPOSEDCTYHALLSITE INANAMOUNTNOT TO EXCEED10008 ADOPTTHE2008009OALS9 APPROVEA LEASEAGREEMENT FORANEWCOPIERATCITYHALLUSINGSTATEOF FLORIDACONRACT25000031NTHEAMOUNTOF27545ONTHFOR60MONTHSMotion by Commissioner McGew seconded by Commissioner Vathweapprove the ConsentAgenda Items 6 through 9The motion carried unanimouslyGENFRABUSESS10THENEED FORANDUSEOFDEDCATEDFUNDNGFORIELAGLERCOLINfYPage 1 of4 087008

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2008MEETINGDrJimGuines spoke seeing support for the County library referendum ballotitem He outlined the approximate cost per year forawouldbeaslittle as370er yearDrGuines assured the Commission hewill have his eyes onwhere those taxdollars arespent Hehas recently been appointed to the BoardofFriends of the Library Mayor Baker felt strongly itwould represent double taxing the citizens She informedDrGuines the citizens of the FlaglerBeach have their ownlibrary and the City does not receive funding through the County for thisservice No actionwasakenonthis item11CONSIDERAREQUEST FORANUNCLASSIFIED BUSINESS TAX RECEIPT FORTHE PLACEMENT OF AHOT DOGCART OWNEDBYCAPTAINKRAUTSGALLEYLOUS J BALSANO Louis J Balsano explained the naureofhis request He explained heneededamansto generate moredollars inorder for his business to stay at hiscurrenlocationMrBalsano asked to place acar inapermanent location three days aweek He suggested theShell stationacrossthe bridge MrBalsano gave the Commissionacopy ofaetterofsupportfrom the soremanager apicture ofhis hot dog cart and his license from the state for the carMayor Bakerdidnot support having hot dog car Commissioner Feind agreed with the MayorCommissioner McGrew stated at this point in time the City isnot prepared to enforce vendorsthatmay act inappropriately Commissioner Mealy noted the City hasnotapproved other peoplewho have approached themonthis topic and would haveaard time allowing this hot dog carCommissioner Feind indicated there wasaime when they did haveahot dogcar in townand itwasnot successful MrBalsano needed clarification onwhy is it different for the FarmersMarket than another location Commissioner Mealy explained the Farmers Market is in acontained areaand only happens twice aweek Bob Chase felt the Commission needed torethink the issue PhyllisCarmel wished the Commission wouldbemoreflexible given the stateof the economy Noactionwastakenonthis item12DISCUSSIONANDNECESSARY ACTION REGARDING THE ELEVEN PROPOSEDRESOLUTIONS FROMTHEFLORIDALEAGUEOF CITIESCommissioner Mealy read theitem into the record Commissioner Vath reviewed the resolutionswith the Commission Itwasthe consensusof the Commission forCommissionerVath tovoteyesonall eleven items

COMMISSIONCOMMENTS

13COMMISSION COMMENTS Commissioner McGrew spoke of her attendance oftheEconomic Development Task Force She thought itmight be time torevauaethe purposeofthe Task Force Commissioner McGrew would like to see them focus onthe goals set by theCommission and keep moving forward Commissioner Provencher spoke to aew of themembers ofthe Task Force and she continually hears reference to theCRA She felt the focus ofthe Task Forceshould be onhe entire City andnotmainlyonheCRA Commissioner McGrewhad hoped the representatives ofthe committees that had beensunsetand nowsitting onhe TaskForce would be more proactive She does not see businesses from acrossthe bridge inattendance nor those businesses onthe north and south of townCommissioner McGrew hadhoped the hoteliers would be moreinvolved Commissioner Provencher suggested moreofanoutreach to those businesses outof the downtown area She felt they maynotevenknow theTask Force is in existence Commissioner Provencher thought the TaskForcemight need somedirection to follow the vision the Commission initially had for them Commissioner Mealy alsofelt there wastoomuch ofaconcentration onhe downtown area She clarified the CRAgoalsare reviewed by the CRABoard which the Commission presides asthe governing body for heCRA Commissioner Mealy referred to arough draft of minutes from the Task ForcesSubcommittee onSignage and felt the City Commission is being leftout of the process Shedoes appreciate the enthusiasmofthe Task Force She suggested Commissioner McGrew putanPage 2of4 087008

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agenda item onthe first meeting in September for discussion of what the purpose ofthe TaskForce should be and how it should function Commissioner Feind reportedonhis attendance atthe August Task Force Meeting Commissioner McGrew reviewed the goals set by theCommission with the Task Force the Task Force spent time talking about it and anewsubcommitteewasformed He expressed concernregarding staff support for the subcommitteesand wanted to be assured they are posted and to remind the Task Force they aremeeting underthe sunshine He too felt it wastime for the Task Force to met with the CommissionCommissioner Feind felt they should be asking the Commission for direction before they sartgoing offinadifferent direction than what isnot intended Commissioner Feind attended theopening of the Mala Compra Archeological Dig Pavillion at Bings Landing Hewasimpressedwith the Pavillion Commissioner Feind reported onattending the PARBoard meeting Heexpressed concernregarding the PARBoard directing the City Attorney tometwith the marinaownersttorney and felt it wasbeyond their purview to doso He reported the City hasnotreceived anysortofsite plan for the project nothing has comebefore them formally reviewedthe srucuresweremanufactured without apermit and they werebuilt in anarea wheremanufacturing is not allowed Commissioner Feind felt strongly anordinance shouldbe writtenin the best interestofhe City andnot for oneindividual businessowner Mayor Baker attendedthe Flagler County NightOut at Flagler PalmCoast High School Shewasvery impressed withthe Sherriffs presentation Commissioner Vath asked if100he County owesthe CRA hascomein yet MrMurphy indicated it should be coming shortly and would notify himwhen itarrived Commissioner Feind relayedaconversation he hadwithMrCoffey indicating the CRAwill be receiving the funds owed Commissioner Vath reported onthe Budget Workshop andwondered ifthe County had paid the impact fees for the interconnect with Beverly Beach MrMurphy reported onhis conversations with the County and indicated the City and the Countyneed to have adiscussion Commissioner Vath also expressed concernregarding the draftordinance regarding the useofmarina He felt the Planning and ZoningDirector mayneedsomeassistance in writing the ordinance Commissioner Vath expressed concernwith several safetyfactors he feltwerenotbeing addressed in the draft ordinance and felt perhaps there should bemoreinput from the Fire Chief Discussion around the protocol of the ordinance and when theCommission shouldbe discussing suchatopic took place Commissioner Mealy reported onherattendance at aseminar entitledGrowing Greener She reminded allofhe IntergovernmentalWorkshop among the County and other municipalities wasonMonday She thanked staff forthe First Friday Even Commissioner Mealy reported the relevant issues from the last CountyCommission Meeting She reviewed the currenfines being enforced from the State and notedthe increases Commissioner Mealy wanted to clarify shewasnot opposed toWoodroffeslanShe voted against the wording ofthe motion Commissioner Mealy reported onaneal fromVicki Mulvaney who expressed concernregarding dogs onthe beach without leashes Itwasconsensusof the Commission to have the police enforce the currenlaws Mayor Baker reportedthe TownofBeverly Beach is planning apublicawarenesscampaignonthis particular issue

PUBLICHEARING

14ORDINANCE 200811MENDING APPENDX A LAND DEVELOPMENTREGULATIONS ARTICLE V DEVELOPMENT DESIGN AND IMPROVEMENTSTANDARDS TO ADD SECTION57REDEVELOPMENT AREASTANDARDSANDREAFFIRMING SECTION56CLEARING AND GRADING PROVIDING FORSEVERABILITY PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCESPROVIDING FOR CONFLICT AND PROVIDING AN EFFECTIVE DATE FIRSTREADING Attorney Cno read the titleofthe ordinance into the record Commissioner Mealyexplained the need for the ordinance The public hearing wasopened No commnswerereceived The public hearing wasclosed Motionby Commissioner Vath seconded byPage 3 of4 087008

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Commissioner McGrew to approve Ordinance200811hemotion carriedunanimously afteraollcall vote15ORDINANCE 200812MENDING CHAPTER 14 FLAGLER BEACH CODEENTITLED EMERGENCY MANAGEMENT BYCREATING ANEW ARTICLE IIIENTITLED DEBRIS REMOVAL FROM CITY OF FLAGLER BEACH ROADSPROVIDING FOR DEFINITIONS PROVIDING FOR CLEARING OF DEBRIS FROMPRIVATE STREETS ROADS ANDROADWAYS ANDOTHERPRIVATE PROPERTYAFTERADISASTER AUTHORIZING INCLUSION IN THE CODEANDCORRECTIONOF SCRIVENERS ERRORS PROVIDING FOR CONFLICTS PROVIDING FORSEVERABILITY AND PROVIDING FORANEFFECTIVE DATE FIRST READINGAttorney Cno read the title of the ordinance into the record Commissioner Mealy clarified itwasnotanewArticle III but anamendment to Article IIIChief Roberts explained thereasonfor the ordinance The public hearing wasopened Bob Chase wondered who woulddetermine what is consider sa lvageab le Attorney Cno explained the ordinance noting thedebris has to creaeapublic safety health and welfare issue The public hearing wasclosedAttorney Cno requested the ordinance comeback for asecond reading onAugust 28 2008Motion by Commissioner McGrew seconded by Commissioner Provencher we adoptOrdinance200812he motion carried unanimously afteraoll call vote

STAFFREPORTS

16STAFFREPORTS MrMurphy felt they hadagood budget workshop He reported hewasworking onthe financing plan for City Hall and would present it to themeither the secondRegular Meeting in September orthe first inOctober Hewould work toward putting onthesecond meeting in September Bob Smith gave anupdate onthe Water Plant and indicatedbecause of the rain there have been delays regarding Well 13 but indicated onthe 1 5 t h of themonth work will sart onthe Well He will be presenting anitem onthe next agenda forclearing the land in order for FPL tomove forwardMrSmith reported onmeetings with LandMar and Palm Coast Holdings in order to secure aneasemn for Wells 10 and 11 MsOverstreet reported to the Commission theFreoicePension Boardmetsonthe 20th of themonth She reported twoordinances will be coming beforethem in September17ADJOURNMENT MotionbyCommissioner Provencher secondedby CommissionerFeind to adjourn at75phemotion carriedunanimouslyneMealy Chairm

Penny Overstreet Deputy City Cerk

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