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REGULARMEETINGOF THE FLAGLERBEACHCTYCOMMISSIONAt1GUST 28 2008AT50PNDTO BE CONTINUEDUNTIL ITEMS ARECOMPLETEPRESENT Mayor Alice MBaker Chairnlan Jane MealyVceharmanJohn FeindCommissioners Joy McGrew Linda Provencher Ron Vath City AttorneyCharles Cino InterimCity Manager Bernie Murphy Public WorksDirectorCtyngineer Bob Smith Interim FinanceDrector Kathleen Doyle Community Redevelopment Drector CarynMiller and Deputy CityClerk Penny OverstreetICALL THE MEETING TOORDER Chairman Mealy called the meeting toorder at51p2PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENCE TORECOGNIZE THE MEMBERS OF THE ARMEDFORCES Mayor Baker led the pledge tothe flag followed by amomenofsilence3PROCLAMATIONS ANDAWARDS Mayor Baker thanked Attorney Cino for his hardwork noted his lengthofservice and presented himwithaplaque ofappreciation4 DELETIONSANDCHANGES TOTHEAGENDA Items 9 and 15werepulled Item 28will be tabled until September 11 Items 29 and 30will be tabled until September25Motionby Commissioner Vath seconded byCommissioner Provencher thatwecontinueOrdinancenumber200814nd200815o the second meeting in September 2008 which is September25hhemotion carried unanimously5 COMMENTS REGARDINGIMSNOT ON THE AGENDA CITIZENS AREENCOURAGED TO SPEAK HOWEVER COMMENTS SHOULD BE LIMTEDTOTHREEMNUTESMrDeidrick expressed concernregarding the garbage pckpnAAandnot the alley Mr Chase felt there wasameansofsecuring the trash can to apole Heappreciated all the workofhe sanitation department Richard Price expressed concernregardingthe street lighting onAA since the sormHe requested someonefrom the City call FPL

CONSENlGENDA6 APPROVE THEMINUTES FORTHE REGULARMEETNGOFAUGUST7008 ANDTHEWORKSHOPMEETINGSF JULY29 2008ANDAUGUST720087 APPROVE AN UNCLASSIFIED HOME BUSINESS TAXRECEIPT FOR CATALINAHOME SERVICES LLC LOCATED AT 1855 SOUTH FLAGLER AVENUE FLAGLERBEACH

8APPROVE AN UNCLASSIFIED HOME BUSINESS TAX RECEIPT TO OPERATEOFFICE DETAILAT601 CUMBERLANDDRIVE FLAGLERBEACH9APPROVE 2009 MUNICIPALITIES WORKSHOP PROPOSEDMEETING SCHEDULEFOR 2009 This item has been pulled

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10 APPROVE LETTER OF INTENTION TO ATLANTIC TRUCK CENTER FOR THEPURCHASE OFA32YARDSANITATION TRUCKMotion by Commissioner McGrew seconded by Commissioner Provencherweapprove Items67 8 and 10 onhe consent agenda Themotion carried unanimously The agenda moved toItem21

GENERAL BUSINESS

11DISCUSSION AND POSSIBLE ACTION REGARDING WIRELESS SERVICEPROVIDED FROM BRIGHTHOUSE NETWORKS AS APILOT PROJECT CARYNMILLER CHRIS AYERS TMECERTAIN60PsMiller explainedM Ayersinformed her that Brighthousewould still like to do the wireless project at nocost to the Cityhowever corporate would like to holdoffonhe project until 2009 Hedid indicate hewould beable to doonestation and it wouldcoveraadius of 1500 feet MAyers has proposed to do itat the cornerof 100 andAAormaybe the cornerofSouth2dndAAn order to encompassthe pier city hall the park and asmuch ashe canofthe coredowntown businesses Thisproposal would not include any contractual obligation from the city MsMiller asked forconsensusfrom the Commission to move forward if this is something they believed wouldenhance the business community MMurphy asked the Commission to review the draftconracthatwaspresented to them and get back to himwith any questions He in turnwill askthe questionsofMrAyers Richard Price questioned the technology and how thiswouldworkDave Robell asked ifthe City looked at other companies MsMiller reported the EconomicDevelopment Task Force researched four separate companies and explained why Brighthousewas contacted M Chase asked what is wireless and how will it benefit the CityCommissionerMealy outlined the reasoning andhow itwouldbenefit the businesses asaservicethey could offer Consensuswasgiven toMsMiller for her tomoveforward onthis item12CONSIDERAREQUESTTO WAVETHE FEE FORA BUSINESSTAXRECEIPTFORFLAGLERBIBLEFELLOWSHIPMARKCONROYMConroy explained thenaureofhisrequest Dscussion included the fellowship location the amounofmoney they would need topay now Attorney Cino suggested deferring the application until October 1 Motion byCommissioner Feind seconded by Commissioner Provencher we deny the request for thewaiver andwedefer the applicationuntil October 1Themotion carriedunanimously13CONSIDER A REOUEST TO ALLOW MANUFACTURING OF OUTDOORFURNITURE WHICH REQUIRES SPECIFIC COMMISSION APPROVAL WLLIAMCARPSMCarps explained thenaureofhis request He spokeofhe tools necessary to dothis work Commissioner Vath didnot feel the zoning permitted manufacturing CommissionerFeind informedMrCarps the shop would need to be in light industrial or industrial zoning inorder to manufacture MrCarps informed the Commission hewould be doing cusomordersCommissioner Provencher asked ifMCarps could manufacture at another location and bringthe product to sell here in the City He responded he could do that Commissioner Mealyreviewed the Commission wouldhave to deny this specific Bob Chase feltMrCarpwastryingto beagood citizen and to lethimmanufacturehis goodsMCarps outlined wherehe lives andtry to infer that the manufacturing wouldnot disturb the neighborhood Mayor Baker outlinedthe only zoning for manufacturingwasin light industrial MrCarps didnot live there Motionby Commissioner McGrew seconded by Commissioner Vath we deny the request forPage 2of8 088008

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manufacturing ofoutdoor furniture Themotion carried unanimously Commissioners McGrewand Mealy expressed their sympathies withMCarp MCarp asked ifhecould sell them atthe location He asked ifhe could cut the pieces and assemble them at the location He wasreferred to staff14CONSIDER AREQUEST TO ALLOW MANUFACTURING OF CLOTHING ANDBLANKETS WHICH REQUIRES SPECIFIC COMMISSION APPROVALMCHELLEWLLSOLLOommissioner Mealy read the item into the record MsWsolioasnot inattendance The itemwascontinued to thenextmeeting15CONSIDER APPROVAL OF A SPECIAL EVENT APPLICATION FORTHE TOMMYTANT 9 T H ANNUALMEMORALSURFCLASSICTOM BARBARATANTThis itemwaspulled to be addressed at another meeting16COMPILE 2009 LEGISLATIVE PRIORITIES LIST FOR SUBMISSION TO THENORTHEAST FLORIDAREGIONAL PLANNING COUNCIL Commissioner Mealy statedthe county receivedarequest from the state legislature and asked for suggestions CommissionerVath suggested possible relief for slip line project for sewersand approach them asautilityissue He asked for relief onhe taxesorask for legislative relief regarding the Pier Submergeland lease fees Commissioner Vath also wanted to seewhat the legislature could do for theMorningsideSewerProject Commissioner Mealywanted to ensurethey keep the various grantsthat have been applied for are in the forefront MMurphy suggested sormwaerand beacherosion Richard Price asked if the funds needed to drill the Well could be onthe lis TheCommission decided the issues to go before the County to forward to the Northeast FloridaR e gio n al P l an n in g Council wereslip line project for sewersand approach them asautilityissue Pier Submerge land lease ask for relief on the taxesor ask for legislative reliefMorningsideSewerProject sormwaerand beach erosion17RESOLUTION200846MENDING RESOLUTION200758HICH ADOPTEDTHEFY078UDGET TO REFLECT ABUDGET AMENDMENT TO PROVIDE FUNDSNEEDED FORPAYMENT OF THE ANNUAL LEASE ANDSUPPLEMENTAL BILLINGFORTHE SUBMERGED LANDLEASE FORTHE FLAGLERBEACHPIER PROVIDINGFORCONFLICTANDPROVIDINGANEFFECTIVE DATE AttorneyCino read the titleofthe resolution into the record Motion by Commissioner Vath seconded by CommissionerProvencher to approve Resolution200846amending Resolution200758he motion carriedunanimously afterarollcall vote18RESOLUTION200847ECLARINGANITEMTO BE SURPLUS PROVIDINGFORCONFLICT PROVIDING AN EFFECTIVE DATE Attorney Cino read the title of theresolution into the record Commissioner Provencher needed clarification regarding the itemShewasinformed the itemwasthe truck the City put up for auction Motionby CommissionerProvencher seconded by Commissioner FeindweapproveResolution200847he motioncarried unanimously afteraroll call vote19RESOLUTION200848UTHORIZING THE SUBMISSION OF ANAPPLICATIONFORTHE FLORIDA RECREATIONDEVELOPMENT ASSISTANCEPROGRAMFRDAPTO THEFLORIDADEPARTMENT OFENVIRONMENTALPROTECTIONFORFEDERALFISCAL YEAR 2009 FOR THE DEVELOPMENT OF THE OCEAN WALK PARKPage 3 of 8 088008

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PROJECT PROVIDING FOR CONFLICT ANDPROVIDING ANEFFECTIVE DATEAttorney Cino read the titleof the resolution into the record Commissioner Mealy reviewed theneed for the resolution Commissioner Vath reported for clarification this resolution is arequirement of the grant and this required nomatch from the City He requested if the Cityreceives themoney staff shouldusestainless steel orcadplated nails Motion by CommissionerVath seconded Commissioner Provencher to approveResolution200848hemotion carriedunanimously after aroll callvote20RESOLUTION 200849UTHORIZING THE SUBMISSION OF AN APPLICATIONFOR THE FLORIDARECREATIONDEVELOPMENT ASSISTANCEPROGRAMFRDAPTO THE FLORIDADEPARTMENT OF ENVIRONMENTALPROTECTIONFORFEDERALFISCAL YEAR2009 FOR THE DEVELOPMENT OF THE PALANDIRMA PARKERSRCONSERVATION PRESERVE PARK PROJECT PROVIDING FOR CONFLICT ANDPROVIDINGANEFFECTIVE DATE Attorney Cino read the titleofhe resolution into therecord Commissioner Vath reported thiswasaproject the City did for reliefofstormwater inthis sectionoftownMotion by Commissioner Feind secondedby Commissioner McGrew weapprove Resolution 20849he motion carried unanimously after aroll call voteCommissioner Mealy recessed the meeting at67phe meeting reconvened at64pTheagenda moved to Item2221RESOLUTION200850MENDING RESOLUTION200758HICH ADOPTEDTHEFY078UDGET TO REFLECTABUDGET AMENDMENT TOPROVIDE FUNDS TODEPOSIT THE ADDITIONAL REQUIRED CITY CONTRIBUTION TO THE FLAGLERBEACHPOLICE PENSION FUND Attorney Cino read the title of the resolution into therecord MCharlieHelmmade himselfavailable for questions Commissioner Vath questionedthe reduction Kathleen Doyle Interim FinanceDrector explained to Commissioner Vath theamun reflected the police vehicles that werenot purchased Motion by CommissionerMcGrew seconded by Commissioner Feind to approve Resolution200850he motioncarried unanimously afteraroll call vote Theagenda moved to Item11

COMMISSIONCOMMENTS

22COMMISSIONCOMMENTS MayorBakerattended the groundbreaking ceremony for thenewcontrol tower at the Flagler County Airport She reported onaetter entitledItsElementary from Chldrensampaign Incwanting better qualified teachers for PeKMayor Baker thanked the City Manager and the Assistant City Manager for the ongoingcommunication from the EOC during the sormCommissioner Vath reported onthe MPOMeeting and the topic of truck traffic cameupHe noted aletter from the Flagler CountySheriffs Officeoffering Bicycle Safety Course for children up

to 16 yearsooldonSeptember 62008 Commissioner McGrew commended staff for their response during the sormShe askedcitizens to be prepared this hurricaneseasonCommissioner Mealy reportedonher attendance atthe Channel 199BoardMeeting and reported theCommissionMeetings havebeenviewedby theondemand service She reported the number of viewers has increased She attended theCounty Chamber Meeting and reported onanupcoming even between the Chamber andEnterprise Flagler and noted Congressman Micawill be speaking She referred to aletter fromthe Guardian ad Litem Program requesting adonation ofbicycles for the Flagler County Grouphome and thanked staff for their work during the sormand the clean up after Commissioner

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Mealy reminded oneand allofhe ls Friday evencomingup She wished Penny Overstreetahappy birthdayPUBLICHEARING

23FPR0881 REQUEST FORAFINALPLATAPPROVAL TO SUBDIVIDE29ACRES INTO 10 INDIVIDUAL COMMERCIAL LOTS THE29ACRES OF BUNNELLDEVELOPMENTCOMPANYPART OF TRACT 4 BLOCK D SOUTHOF SR 100 EASTOF SR 201 JOHNANDERSONHWYWESTOF CONNECTICUTAVENUEANDNORTHOF JOYCE STREET PROPERTY ALSO KNOWN AS 2201 MOODY BLVD OWNERGREG JOHNSTON APPLICANT 2201 LLCREPRESENTED BYKAY JOHNSTONMGRM AttorneyCino reported this itemwashe final site plan He asked ifanyonewashereto represent them Motion by Commissioner McGrew seconded by Commissioner Feind wecontinue Item23 FPR0881ntilnextmeeting Themotion carried unanimously24ORDINANCE200808ELATING TO THE RENTAL OFSNGLEAMLYOMESAS RESORT DWELLINGS RELATING TO THE RENTAL OF CONDOMINIUMS ASRESORT CONDOMINIUMS PROVIDING FOR DEFINITIONS PROVIDING FORAPPLICABILITYAMENDINGAPPENDIXAANDDEVELOPMENTREGULATIONSZONING SCHEDULE OF USES ADDING RESORT DWELLING ANDRESORTCONDOMINIUMASPRINCIPALPERMTTEDUSES INGENERALCOMMERCIAL GCSAND TOURIST COMMERCIAL TC ZONING DISTRICTS ALLOWING FORCONTINUATION OF RESORT DWELLINGS ANDRESORT CONDOMINIUMS INRESIDENTIAL AREAS WHICH HAVE MADE APPLICATION TO THE STATE OFFLORIDAOR LOCAL BUSINESS TAXRECEIPTWITHTHE CITYOF FLAGLERBEACHAS OF DATE CERTAIN AMENDING CHAPTER 18 ARTICLE II BUSINESS TAXPROVIDINGFORAFLAGLERBEACHLOCAL BUSINESSTAXRECEIPTFORRESORTDWELLINGS ANDRESORT CONDOMINIUMS ESTABLISHING RESORT DWELLINGAND RESORT CONDOMINIUM REQUIREMENTS PROVIDING FOR REQUIRINGLOCAL REPRESENTATION FORALOCAL BUSINESS TAXRECEIPT APPLICATIONFORRESORTDWELLINGSANDRESORT CONDOMINIUMSREQUIRING THE FILINGOF A RESORT DWELLINGANDRESORT CONDOMINIUM COMPLIANCE MINIMUMAPPLICABLE STANDARDS FORM ACKNOWLEDGING RECEIPT OF NOTICE OFCERTAIN HOUSING AND DEVELOPMENT STANDARDS PROVIDING FORENFORCEMENT ANDPENALTIES PROVIDING FOR DENIAL OF THE LOCALBUSINESS TAX RECEIPT PROVIDING FOR INCLUSION IN THE CODE OFORDINANCES PROVIDING FOR SEVERABILITY PROVIDING FOR CONFLICTPROVIDINGANEFFECTIVE DATEHEREOF SECONDANDFINALREADING AttorneyCino read the title of the ordinance into the record Commissioner Vath read apreparedsaemn into the record outlining areasofconcernand possible requirements as well aswhether the ordinancewaslegally defensible Commissioner Feind expressed concernregardinggrandfathering the home with the license to rentminimum stays aswell aswhere the resortdwellings could be zoned Mayor Baker felt strongly against the ordinance CommissionerProvencher questioned the enforceability ofaminimum stay Commissioner Mealy had specificissues with someof the wording of the ordinance Therewasquite abit of discussion aboutminimum stays the enforceability of that requirement phasing ou the resortdwelling for theaddressees having the newattorney review the ordinance and having aworkshop Motion byCommissioner Vath seconded by Commissioner McGrewwetable the ordinance at this timePage 5of8 088008

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and have staff and elected officials set adate foraworkshop to revisit the Ordinance200808Themotion and the secondwereamended to include to consult withAttorneySmithasto whenhewill be available for the workshop having reviewed the ordinance in its curren form Themotion and the second wereamended again to include to accept normal public input at thatworkshop Themotion carried4to 1 with Commissioner Mealy voting noTherewasnopublichearing onhis item2 5RDNANCE00810MENDING APPENDIXAAND DEVELOPMENTREGULATIONS SECTION531RRIGATIONMETERS SUBSECTIONAESTFOR METER INSTALLATION TO EXEMPT GOVERNMENTAL PURPOSESPROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES PROVIDING FORCONFLICTANDPROVIDINGANEFFECTIVE DATE SECONDANDFINALREADINGAttorney Cino read the title of the ordinance into the record The public hearing wasopenedNo commenswerereceived The public hearing wasclosed Motion by CommissionerMcGrew second by Commissioner Vath to adopt Ordinance200810he motion carriedunanimously afteraoll call vote26ORDINANCE 200811MENDING APPENDIX A LAND DEVELOPMENTREGULATIONS ARTICLE V DEVELOPMENT DESIGN AND IMPROVEMENTSTANDARDS TO ADDSECTION57REDEVELOPMENT AREA STANDARDS ANDREAFFIRMING SECTION56CLEARING AND GRADING PROVIDING FORSEVERABILITY PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCESPROVDNGFORONFLICTANDPROVIDINGANEFFECTIVE DATE SECONDANDFNALREADING Attorney Cino read the titleofhe ordinance into the record The publichearing wasopened No commenswereeceived Thepublic hearing wasclosed Motion byCommissioner McGrew seconded by Commissioner Provencherweadopt Ordinance200811Themotion carried unanimously afteraoll callvote27ORDINANCE 200812MENDING CHAPTER 14 OFFENSES ANDMISCELLANEOUS PROVISIONS AMENDING ARTICLE III EMERGENCYMANAGEMENT AMENDING SECTION141EFINITIONS TO ADDDEFINITIONSFOCURFEW DEBRIS MANMADE DISASTER NATURAL DISASTERPRIVATE PROPERTY PRIVATE STREETS ROADS ROADWAYS ANDROTAND UNLAWFUL ASSEMBLY AMENDING SECTION146O BE TITLEDCLEARING OF DEBRIS FROM PRIVATE STREET ROADS ANDROADWAYS ANDOTHER PRIVATE PROPERTY AFTERADISASTERANDCREATING SECTION147TO BE TITLED VIOLATION UNLAWFUL PROVIDING FOR SEVERABILITYPROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES PROVIDING FORCONFLICT ANDPROVIDING AN EFFECTIVE DATE HEREOF SECONDANDFINALREADING Attorney Cino read the titleofhe ordinance into the record The public hearingwasopened Richard Price needed clarification regarding the title andwanted to know the timesof the curfew hours Itwasexplained the curfew would be enacted during the course ofanemergency The public hearing wasclosed Motion by Commissioner McGrew seconded byCommissioner Feind weadopt Ordinance200812he motion carried unanimously after aroll callvote28ORDINANCE 200813DOPTING A LARGE SCALE AMENDMENT TO THEFLAGLER BEACH COMPREHENSIVE PLAN AMENDING FUTURE LAND USEPage 6of8 088008

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ELEMENT POLICYA1ONSERVATONOASTALLEMENT POLICY E 1 11 1ANDTHE FUTURE LANDUSE MAP BY ADDING ADOWNTOWN MXEDUSEOVERLAY A DOWNTOWN SR AARETAIL CORRIDOR OVERLAY ANDADOWNTOWN RESIDENTIAL NEIGHBORHOODS OVERLAY APPROVING THETRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OFCOMMUNITY AFFAIRS IN ACCORDANCE WITH SECTION163191FLORIDASTATUTES PROVIDING FORCONFLICT ANDSEVERABILITYANDPROVIDINGANEFFECTIVEDATE FIRSTREADING This itemwasableduntil the September 11 agenda29ORDINANCE 200814MENDING APPENDIXAAND DEVELOPMENTREGULATIONS SECTION220DEFINITIONS TO INCLUDE DEFINITIONS FORLIVE ABOARD VESSEL VESSEL HOUSEBOAT FLOATING STRUCTURE ANDBARGE AMENDING DEFINITION OF MARNA ACCESSORY USE TO DELETELIVEABOARDSANDREPLACE WITHLIVEABOARDVESSELSPROVIDING FORTHE SEVERABILITY OF PARTS HEREOF PROVIDING FOR READING OF THISORDINANCE BYTTLE ONLY AND PROVIDING AN EFFECTIVE DATE FIRSTREADING Motion by Commissioner Vath seconded by Commissioner Provencher wecontinue Ordinance200814nd 200815o second meeting in September 2008 which isSeptember25hhemotion carriedunanimously30ORDINANCE 200815MENDING APPENDIXAAND DEVELOPMENTREGULATIONS PROVIDING FOR STANDARDS FOR LIVEABOARD VESSELSVESSELS HOUSEBOATS FLOATING STRUCTURESANDBARGES PROVIDINGFORABANDONED DERELICT AND WRECKED VESSELS AND ILLEGAL FLOATINGSTRUCTURES AMENDING THE DEFINITION OF MARINA ACCESSORYUSES TOINCLUDE FLOATING STRUCTURES AMENDING ARTICLE II SECTION262AUTOMOTIVE SERVICES SCHEDULE OFOFTREETARKING REQUIREMENTSPROVIDING FOR VIOLATIONS PROVIDING FOR THE SEVERABILITY OF PARTSHEREOF PROVIDING FOR READING OF THIS ORDINANCE BY TITLE ONLYPROVIDING FOR CONFLICT PROVIDINGANEFFECTIVE DATE FIRST READINGMotion byCommissionerVath seconded by Commissioner ProvencherwecontinueOrdinance200814nd200815o second meeting in September 2008 which is September 25hhemotion carriedunanimously

STAFFREPORTS

31STAFF REPORTS City Attorney thanked staff and Commission for the plaque and thecake He did make himself available ifthe City needed any further help from him He reportedthe Pillitieri casewononhe appellate level MrCino requested the City pursue attorney feesfor theamounof the500deductible Commissioner Provencher askedMrMurphy to findouwhat happened to the letter regarding the changes in the garbage pickupMurphyindicated the City may need to put it ou again He reported the EOC will be having aconference to update the City Managers regarding the sormsMMurphy thanked the Mayorand Commissioners for their positive commens regarding the sorm Caryn Miller let theCommissioners know Attorney Cinowasthe person who pushed her to taking the job with theCity Deputy City Clerk thankedCommission for their support during the CityCerksbsencePage 7of 8 088008

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32ADJOURNMENT Motion by Commissioner Provencher seconded by CommissionerFeind to adjourn the meeting at80phe motion carried unanimouslyrJ MealyChairman

PennyOverstreet Deputy CityClerk

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