Flagler Beach City Commission Agenda, Sept. 22, 2011 by Pierre Tristam

REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION THURSDAY, SEPTEMBER 22, 2011 AT 5: 30 P. M. AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE. AGENDA

Call the meeting to order.

Pledge of Allegiance followed by a moment of silence to recognize the members of the Armed Forces.

Proclamations and awards.

Deletions and Changes to the Agenda.

Comments regarding items not on the agenda. Citizens are encouraged to speak. However, comments should be limited to three minutes. CONSENT AGENDA

All items are to be approved by one motion, unless pulled from the Consent Agenda.) 6.

Approve the minutes of the regular meetings of August 25 and September 8, 2011, and the Special Meeting of September 7, 2011.

Approve a contract with James Moore and Company for Complete Care Managed Services.

Approve an Interlocal Agreement with the City of Palm Coast for Building Inspection and Plan Review Services on a contingency basis.

Approve an agreement between the State of Florida, the Attorney General and the City of Flagler Beach Police Department for VOCA Grant V11020 for the 2011- 2012 budget year, and authorize the Mayor to sign.

10.

Approve proposed Work Assignment for engineering services from Quentin L. Hampton

Associates, Inc. for the design phase services for the Potable Water Pump Station Pump Improvements in the amount of$ 6, 800. 11.

Approve appointments to the Economic Development Task Force.

12.

Approve Site Plan

and

Architectural Design

of a

proposed

commercial

business, " The

Ocean Cantina" - Nicholas Kimball, authorized representative Burritos Works, Inc. 13.

Approve Annual Outdoor Entertainment Permits for Finn' s, Golden Lion and Hurricane Patty' s.

GENERAL BUSINESS 14.

Presentation regarding the Third Annual " Feed Flagler"â&#x20AC;&#x201D;

Flagler County Commissioner

Milissa Holland.

15.

Reconsider Ordinance 2011- 15 ( Dog Friendly Dining)- Kathleen Starke, Danita Mundy and Tammy Drake.

16.

17.

Consider request to apply sewer credit towards Sewer Impact and Connection Fee' sâ&#x20AC;&#x201D; John Hockenberry.

Resolution 2011- 42, adopting a fee schedule for the Building Permit and Inspection Fees as outlined

18.

exhibit " A",

providing for conflict, and an effective date.

Resolution 2011- 43, amending the rate schedules for water and sewer services to water rates by 1. 18% per Ordinance 2008-01; providing for conflict and

increase the

providing an effective date. 19.

Resolution 2011- 44, amending the fee schedule for solid waste collection per Chapter

11, Sections 11- 3 and 11- 15 of the Code of Ordinance; providing for conflict and providing and effective date. 20.

Resolution 2011- 45, adopting the City' s Flood Plain Management Plan in accordance

with the Community Rating System of the National Flood Insurance Program; providing for conflict and providing an effective date. 21.

Resolution 2011- 46, amending Resolution 2010-50 which adopted the FY 10/ 11 Budget, to reflect a budget amendment to show grant revenue and to transfer Restricted Funds

for equipment purchases in the Police Department, providing for conflict and providing an effective date. 22.

Resolution 2011- 47, declaring certain property to be surplus and providing an effective date.

23.

Resolution 2011-48, adopting a Salary Schedule for Fiscal Year 2011/ 2012, as required by Chapter 2, Article VII, Personnel Code Section 2- 289. 6; and establishing the annual salary increase cap as required by Chapter 2, Article VII Personnel Code Section 2- 289-4; providing for conflict and providing an effective date. COMMISSION COMMENTS

24.

Commission comments, including reports from meetings attended. PUBLIC HEARINGS, TO BEGIN NO EARLIER THAN 6: 30 P. M.

25.

Ordinance 2011- 17, recognizing State preemption in the field of firearms regulation, and amending Section 14-4, Section 14-44, Section 2- 270 of the Code of Ordinances and Article IV

Appendix " A"

the Code of Ordinances to avoid any potential

City

action

that may conflict with the State' s regulation of firearm sales; providing for severability and setting an effective dateâ&#x20AC;&#x201D; second and final reading. STAFF REPORTS

26.

Staff Reports.

27.

Adjournment.

RECORD REQUIRED TO APPEAL:

In accordance with Florida Statute 286. 0105 if you should

decide to appeal any decision the Commission makes about any matter at this meeting, you will need a record of the proceedings. You are responsible for providing this record. You may hire a court reporter to make a verbatim transcript, or you may buy a CD of the meeting for $3. 00 at the City Clerk' s office. Copies of CDs are only made upon request. The City is not responsible for any mechanical failure of the recording equipment. In

accordance

with

the

Americans

with

Disabilities

Act,

persons needing assistance to

participate in any of these proceedings should contact the City Clerk at ( 386) 517- 2000 ext 235

at least 72 hours prior to the meeting. The City Commission reserves the right to request that all written material be on file with the City

Clerk

when

the

agenda

item is

submitted.

itC-

REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION THURSDAY, AUGUST 25, 2011

AT 5: 30 P. M., AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE

Mayor

PRESENT:

Alice

Baker;

Chariman

John

Feind

Vice- Chairman

Jane

Mealy,

Commissioners, Kim Carney, Steve Settle, Marshall Shupe, City Attorney Drew Smith, Acting City Manager Bruce Campbell, and City Clerk Penny Overstreet. 1.

CALL THE MEETING TO ORDER: Chairman Feind called the meeting to order at 5: 30 p. m.

PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENCE TO RECOGNIZE THE MEMBERS OF THE ARMED FORCES:

Mayor Baker led the pledge to the flag followed by a

moment of silence.

PROCLAMATIONS AND AWARDS: a.

DECLARING SEPTEMBER 2011 AS " MUSCULAR DYSTROPHY ASSOCIATION FIREFIGHTER

APPRECIATION

MONTH."

Lauren

Donahue

accepted

the

proclamation

and

thanked

the

firefighters for all of their support. 4.

DELETIONS AND CHANGES TO THE AGENDA: Motion by Commissioner Carney to table Item

18. The motion died for a lack of a second. There were no changes made to the agenda. 5.

COMMENTS REGARDING ITEMS NOT ON THE AGENDA.

CITIZENS ARE ENCOURAGED TO

HOWEVER, COMMENTS SHOULD BE LIMITED TO THREE MINUTES:

Sally Pillitieri felt it was not fair the First Friday' s are taking place in front of business by Veteran' s Park. She hoped Pamela Zill was the City would help other businesses by putting events further into town. offended she did not receive a return phone call from Commissioner Settle and urged the City to petition FDOT to reduce the speed limit on A1A. Bill Hopkins questioned why the City is paying the county for Police Services. He felt there should not be a City Manager when the Commission is elected to do the job. Rich Smith asked if the City' s intent to do inspections for permitting in house is on the agenda. He was reluctant to support the change in the permitting SPEAK.

process.

Jeff Lamb

was also concerned about

the inspection

services

coming in house.

Bob

Chase hoped the Commission would find a way to open the marina. CONSENT AGENDA

APPROVE THE

MINUTES

FROM

THE

REGULAR

MEETING

OF JULY 28, 2011 AND THE

WORKSHOP MEETING OF AUGUST 2, 2011:

ACCEPT OPTION FOR ADDITIONAL ONE- YEAR RENEWAL WITH RBC BANK CONTRACT FOR

BANKING SERVICES, EXTENDS CONTRACT TO 07/ 31/ 2012 AND AUTHORIZE MAYOR TO SIGN:

Motion by Commissioner Settle, seconded by Commissioner Carney, to approve Items 6 and 7 on the agenda. The motion carried unanimously.

Page 1

08/ 25/ 2011

REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION THURSDAY, AUGUST 25, 2011 AT 5: 30 P. M., AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE GENERAL BUSINESS

RECEIVE BRIEF PRESENTATION REGARDING FLAGLER BEACH FIRST— FRANK GROMLING:

Mr.

Gromling introduced the concept of Flagler Beach First is to provide businesses and residents with a single source of information about what products and services are available in Flagler Beach

and where

concept

have

and

registered on almost

to find them.

the

everything

started

www. flaglerbeachfirst. com.

There are 14 businesses

Their hope is to ensure the residents and other businesses that

website. can

Joseph Pozzuoli, Carol Fisher and Mr. Gromling created the

website

purchased

here in Flagler Beach.

The Commission thanked them for

the presentation and for their assistance on First Friday events. Joseph Pozzuoli hoped Flagler Beach First

would

prove

an ambassador

for

all

the business in the

City. No action was

taken on this item.

CONSIDER A SETTLEMENT AGREEMENT REGARDING 110 HOLLY AVE. CORPORATION VS. THE

CITY

FLAGLER

WOLVERTON &

BEACH

CASE

SWORD P. A.

2010- CA- 000456 — JAY

NO.:

TIME CERTAIN ITEM 6: 00 P. M.:

Commission for the opportunity to

LIVINGSTON,

LIVINGSTON

Mr. Livingston thanked the

individually and for the time certain. He reported the consistent concerns throughout the Commission had more to do with assembly Commissioner Carney needed clarification regarding Exhibit F. Mr. and manufacturing. Livingston explained the original permit allowed for 50 liveaboards; they have been limited to 30 of similar structures that are currently there. The two that have already been constructed would count to the total of 30. Commissioner Shupe had a number of questions regarding: meet

them

defining watercraft; the difference between assembly and manufacturing; harbor master, caretaker and dock master; parking and the concern of fiber glass fumes. Commissioner Mealy felt there should be a site plan prepared for the City and the types of inspections necessary for the dwellings.

Commissioner Feind questioned if the impact fees have been calculated and

paid; what rate would the marina be paying for sewer and water and the uses allowed in a Tourist Commercial District. Motion by Commissioner Settle, seconded by Commissioner Carney, to table the item until the attorney and our City Manager together can answer each question

writing

and

schedule

workshop to discuss

such.

The

motion carried

unanimously. Commissioner Feind recessed the meeting at 7: 14 p. m. The meeting reconvened at 7: 24 p. m. 10. CONSIDER A REQUEST FOR ADDITIONAL PROJECT FUNDS FOR THE SOUTH FLAGLER AVENUE STORMWATER PROJECT IN THE AMOUNT OF $ 4, 946. 68 — ROBERT SMITH

DIRECTOR/ ENGINEER:

PUBLIC WORKS

Mr. Campbell outlined the need for the additional funds and the City

requirements in order to be in compliance with St. John' s Water Management District.

Commissioner Shupe has a concern with contractors/ engineers coming back for more funds or that it is not an upfront cost with the bid process. Commissioner Feind spoke of his experience

The following citizens came forward to give their concerns, suggestions or Motion by Commissioner Carney, seconded by Commissioner Mealy, to give additional funding to the South Flagler Avenue stormwater project in the amount of

with such projects. opinions:

Bob Chase.

4, 946. 68. The motion carried unanimously.

Page 2

08/ 25/ 2011

REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION THURSDAY, AUGUST 25, 2011 AT 5: 30 P. M., AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE 11. CONSIDER EXTENDING THE CITY' S MUNICIPAL BORDERS â&#x20AC;&#x201D; PHYLLIS SCHLEMER CARMEL:

Ms. Carmel explained the nature of the request and the possible benefits to the City. She read into the record. Discussion ensued and included the possibility of objectionable businesses aligning that road; the apartment complex; educating the public before a referendum, the former Ginn property and how the area could enhance the City' s tax base. The following citizens came forward to give their concerns, opinions and suggestions: Bob Chase. Discussion centered on State Law and how it works with the City' s code. It was the consensus of the Commission for staff to look into the viability of the proposed. a statement

12. RESOLUTION 2011- 34, AMENDING RESOLUTION 2010- 50 WHICH ADOPTED THE FY 10/ 11

BUDGET, TO REFLECT A BUDGET AMENDMENT, TO RECOGNIZE REVENUES AND EXPENDITURES NEEDED

FOR

PIER

RESTROOM

RESTORATION

PROJECT,

PROVIDING

FOR

CONFLICT AND

PROVIDING AN EFFECTIVE DATE: Attorney Smith read the title of the resolution into the record. Motion by Commissioner Carney, seconded by Commissioner Mealy, to approve Resolution 2011- 34. The motion carried unanimously, after a roll call vote. 13. RESOLUTION 2011- 35, AMENDING RESOLUTION 2010- 50 WHICH ADOPTED THE FY 10/ 11 BUDGET, TO REFLECT A BUDGET AMENDMENT TO RECOGNIZE REVENUES AND PROVIDE FUNDS NEEDED

FOR

ENGINEERING

FEES

THE

CRA

FUND,

PROVIDING

FOR

CONFLICT,

AND

PROVIDING AN EFFECTIVE DATE: Attorney Smith read the title of the resolution into the record. Motion by Commissioner Mealy, seconded by Commissioner Settle, to approve Resolution 2011- 35. The motion carried unanimously, after a roll call vote. 14. RESOLUTION 2011- 37, AMENDING RESOLUTION 2010- 50 WHICH ADOPTED THE FY 10/ 11 TO

BUDGET,

ADDITIONAL

REFLECT DEPOSIT

A TO

BUDGET THE

AMENDMENT

POLICE

PENSION

PROVIDE

FUND,

FUNDS

PROVIDING

NEEDED

FOR

CONFLICT

AN AND

PROVIDING AN EFFECTIVE DATE:

Attorney Smith read the title of the resolution into the Motion by Commissioner Shupe, seconded by Commissioner Mealy, that we approve

record.

Resolution 2011- 37 amending Resolution 2010-50. The motion carried unanimously, after a roll call vote.

COMMISSION COMMENTS

Commissioner Shupe spoke of the Budget Workshops and

15. COMMISSION COMMENTS: thanked

staff

for

all of

their hard work.

He attended the Florida League of Cities conference

and thought the networking opportunities were valuable as well as the state legislative updates.

Music

Commissioner Shupe enjoyed the August First Friday and particularly, the Mason

presentation

T& D Workers

from the

music

camp

participants.

break.

He reported on the dedication of the Commissioner Shupe encouraged the

during residents to communicate with staff and the Commission but hoped they would refrain from

sarcasm.

TDC

recent

Commissioner Settle

water

wished

main

Clerk Overstreet

Happy Birthday.

He reported on the

Meeting. Commissioner Settle gave the dates for the Budget Hearings and looks forward

to public involvement. He asked for an update regarding the Ocean Palm Golf Course. Attorney Smith reported on the auction for the tax deed and felt there is the possibility the owner may

Page 3

08/ 25/ 2011

REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION THURSDAY, AUGUST 25, 2011

AT 5: 30 P. M., AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE come

and

pay for tax deed. did

more citizens

meeting in special

spoke of

not come to the

the litigation.

budget

Mayor Baker was disappointed that She attended the Coalition of Cities

workshops.

Beach.

Beverly

Mayor Baker inquired why there has not been a meeting with the Mr. Campbell informed the Mayor that there is a meeting next month.

magistrate.

Commissioner Carney thanked staff for their work on the budget. She attended a meeting with Taylor Engineering, a coastal engineer, along with County Commissioner Barbara Revels, Craig Coffey, County Administrator and Faith Alkatib, County Engineer. She felt there should be

better signage for the information booth at the First Friday events. Commissioner Carney spoke on her attendance at the Conference and will be participating on the legislative committee. She

attended

the Board

County

Commissioners' budget workshop.

Commissioner Mealy

attended the Economic Development Task Force, Enterprise Flagler, Flagler Coalition of Cities, and

the Chamber

Meeting. She reported on the First Friday and hoped the event would keep

moving the locations

the

She responded to e- mails regarding the City' s

music or events.

involvement at the Florida League of Cities Conference and the value the information has given to the

City.

Commissioner

Mealy

asked

for

help

Museum

the

Mealy

for the

Gala

the Yacht

the Marineland Marina

attended

appreciation

Commissioner

Opening.

dinner for the Firefighters. She reminded everyone

Club

September

2011.

17,

Commissioner Mealy

congratulated the Jr. Lifeguard Program for their success at the Jacksonville Beach competition.

She asked Mr. Campbell to outline his interpretation of who he is inviting to attend the town hall meeting regarding the

sea wall.

It was the consensus of the Commission to also have invited.

representatives of alternative methods

Commissioner Feind asked for an update from

Attorney Smith regarding the conversation with counsel after Item 9. Attorney Smith indicated that

counsel

felt they

but feel free to of

call

were

done

with negotiations.

He asked the citizens not to send e- mails

him. Commissioner Feind reported on his attendance at the Florida League

He felt it was time to move forward with the RFP for the Pier Restaurant.

Cities, the TPO.

Motion by Commissioner Mealy, seconded by Commissioner Shupe, if we do not have a signed lease by August on September 1, we go out for an RFP; taking the current offer of the 30th,

The

table.

Commission

motion not

carried

unanimously.

Commissioner

approving Ordinance 2011- 15 before it

Feind

did

was presented on

not the

appreciate agenda.

the

He felt

protocol should have been followed. PUBLIC HEARING

16. ORDINANCE 2011- 12, AMENDING ARTICLE VII, " SIGNS," OF THE CITY OF FLAGLER BEACH

LAND DEVELOPMENT REGULATIONS; PROVIDING LEGISLATIVE FINDINGS; CLARIFYING CERTAIN

DEFINITIONS AND EXEMPTIONS FROM SIGN PERMITTING; CLARIFYING PROVISIONS REGARDING

SIGNS ON PUBLIC PROPERTY AND TEMPORARY SIGNS, INCLUDING BANNER SIGNS; PROVIDING FOR A SHORTENED APPLICATION FOR TEMPORARY SIGNS; PROVIDING THAT SIGNS SHALL BE MAINTAINED IN GOOD REPAIR; PROVIDING FOR CODIFICATIONâ&#x20AC;&#x201D; SECOND AND FINAL READING:

Attorney Smith

read

window signs"

that "

after

which are provisions of

should

now

business

Page 4

read:

or store

He reported there have been

the title of the ordinance into the record.

to the document

changes

and

referred

which"

to page 14, line 16,

add " are not " opened"

this article."

page

16,

add " all signs except permanent

and "

line 33,

closed" signs and strike " those

after

the " x" add " y."

The sentence

Permanent window signs on non- residential uses which indicate the

opened or closed."

Commissioner Feind explained the need for the changes

08/ 25/ 2011

REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION THURSDAY, AUGUST 25, 2011 AT 5: 30 P. M., AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE to the ordinance. page

Commissioner Mealy asked that two grammatical changes be corrected:

2, line 10 currently

removing the

suggested

The

the code;" she asked that it be changed to read:

reads " amend and

She

amend the code."

word "

line 30, "

to page 15,

referred

The

those."

except those mobile

billboards."

She

hearing was opened. No comments were Motion by Commissioner Shupe, seconded by

public

hearing was closed. Commissioner Settle, that we approve 2011- 12, as amended. The motion carried unanimously, received.

public

after a roll call vote.

17. ORDINANCE 2011- 13, AMENDING SECTION 2. 06. 08. 5 OF THE LAND DEVELOPMENT CODE OF

THE CITY OF FLAGLER BEACH; AMENDING THE REGULATIONS RELATING TO NONCONFORMING STRUCTURES AND NONCONFORMING USES;

DISTINGUISHING BETWEEN NONCONFORMING

USES AND NONCONFORMING STRUCTURES;

PROVIDING

FOR CONFLICTS;

PROVIDING

FOR

SEVERABILITY; PROVIDING FOR CODIFICATION, AND PROVIDING AN EFFECTIVE DATE— SECOND AND FINAL READING: explained

the

history

Attorney Smith read the title of the ordinance into the record and the item. Commissioner Feind summarized the ordinance is clarifying

the distinction between

Shupe

if there is

asked

hearing

was opened.

Commissioner Shupe,

use

and

structure

definition

of " non-

and

adding in

conforming."

comments were received.

seconded

Commissioner

The

provisions

Attorney public

Carney,

for lots.

Smith

hearing

Commissioner

clarified.

The public

was closed.

Motion by

to approve 2011- 13.

The motion

carried unanimously, after a roll call vote. 18. ORDINANCE PROVIDING

2011- 15,

SECTION

CREATING

5- 31

FRIENDLY

DOG

FOR ALLOWANCE OF PATRON' S DOGS AT CERTAIN

DINING

PROGRAM;

OUTDOOR RESTAURANTS;

PROVIDING FOR DEFINITIONS; PROVIDING FOR RESTRICTIONS AD REQUIREMENTS RELATED TO ALLOWANCE

DOGS

FOR

PROVIDING

OUTDOOR

CODIFICATION;

PROVIDING

EFFECTIVE DATE — FIRST READING:

Commissioner

referred

to page 2 and questioned the

was

AREAS;

FOR

PROVIDING

SEVERABILITY

FOR

AND

ENFORCEMENT; PROVIDING

AND

Attorney Smith read the title of the ordinance into the in favor

record.

Mealy

SEATING

the

definition

ordinance of an "

if it helped the businesses.

She

outdoor area" and questioned if the

definition could be changed to accommodate a few of the restaurants that might take advantage of

the opportunity.

She

questioned

the permit requirement.

Commissioner Shupe

felt the fee for the permit should be high enough to cover the cost for monitoring and enforcement.

Mayor Baker

was

in favor

the

ordinance.

Commissioner Settle referred to

page 3, subsection C refers to sanitizing with an approved product. Commissioner Settle asked who approves the product, the City or does the State have a list of products. Chad Lingenfelter, City Planner, spoke of two restaurants in town that were allowing dogs in with their owners. They were inspected by the State Division of Hotels and Restaurants; were found not in compliance with state regulation and given a warning. Attorney Smith indicated the State has a list of products and the City' s responsibility would be to simply take the complaint and report it to the State. Commissioner Carney referred to line 46, and asked the sentence be clarified to take out the word " it" and

replace

with

" establishment."

She felt the wording "

under

control" on page 89 was very subjective; line 95 " a kit with appropriate materials" and asked if kit was also defined by the State. Commissioner Carney also had concern over where the

the

designated

Page 5

areas"

would be at the restaurants and could that be incorporated within the

08/ 25/ 2011

REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION THURSDAY, AUGUST 25, 2011 AT 5: 30 P. M., AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE

She did not want the City to spend too much time on this ordinance. Commissioner Carney had done some research and found a nearby city had passed such an ordinance, came up with procedures, etc. and had only two restaurants take them up on the Commissioners Carney, Feind, Settle and Shupe were not pleased with the opportunity. process.

permitting

amount of staff time put into the ordinance and it had never come before the Commission and

City Manager. The public hearing was opened. No comments hearing was closed. Commissioner Feind was strongly opposed to

the

Commissioner

Mealy,

failed

two

seconded

three

Commissioner Settle, to

were received.

The public

the ordinance.

Motion by

approve

Ordinance 2011- 15.

The

Commissioners

Carney, Feind and Shupe voting no. Commissioner Settle asked Commissioner Feind to direct staff to notify the restaurants that the ordinance did not pass and if continued, they are in violation. motion

with

19. ORDINANCE 2011- 16, AMENDING THE CITY OF FLAGLER BEACH CODE OF ORDINANCES,

CHAPTER 9, FIRE PREVENTION AND PROTECTION, SECTION 9- 20, PROVIDING RESTRICTIONS ON THE PERMITTING

OF CAMPFIRES ON THE BEACH DURING SEA TURTLE NESTING SEASON;

PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE — FIRST READING: reason

Attorney

for the

Smith

proposed

the title

read

location

the

the ordinance into the record. ordinance

Code.

the

He explained the

Commissioner Mealy

questioned if there should be a specific amount of area from a turtle nest where the fires can be built.

Commissioner Carney thought the wording should be changed from campfire to bonfire. Commissioner Settle felt the location of the fires needed to be more clearly defined. The public hearing was opened. The following citizens came forward to give their concerns, suggestions and opinions: Patty Powell. The public hearing was closed. Commissioner Feind hesitated because he felt the City might be over regulating. Motion by Commissioner Settle, seconded by Commissioner Carney, to table Ordinance 2011- 16 until the next meeting until we have the information

available

from

staff

to be

to make

able

decisions.

The motion carried

unanimously.

20. ORDINANCE

2011- 17,

RECOGNIZING

STATE

PREEMPTION

THE

FIELD

FIREARMS

REGULATION, AND AMENDING SECTION 14- 4, SECTION 14- 44, SECTION 2- 270 OF THE CODE OF

ORDINANCES AND ARTICLE IV OF APPENDIX " A" OF THE CODE OF ORDINANCES TO AVOID ANY POTENTIAL CITY ACTION THAT MAY CONFLICT WITH THE STATE' S REGULATION OF FIREARM SALES; PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE — FIRST READING:

Attorney recent

Smith

the title

the ordinance into the record.

Attorney Smith reported on

legislation. Commissioner Feind summarized the purpose of the ordinance is to protect

staff, police

Settle,

read

officers, commissioners

seconded

from personally

Commissioner Shupe,

we pass

being fined. Motion by Commissioner

Ordinance 2011- 17

first reading.

The

motion carried unanimously, after a roll call vote.

STAFF REPORTS

21. STAFF

REPORTS:

City Attorney

reported

the

RV,

Internet

Cafes, and

Street Vendor

forthcoming. He asked the Commissioners to give him a call regarding Holly Avenue. Acting City Manager updated the Commission on the proposal for correcting the dune ordinance will

Page 6

08/ 25/ 2011

REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION THURSDAY, AUGUST 25, 2011 AT 5: 30 P. M., AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE walkovers at

the end

Turtle Season.

He reported on a meeting with SCORE and updated the

Commission on installing the generator at City Halt. Acting City Manager Campbell reported on a

letter from the PBA requesting

negotiation

for

salary increase. It was the consensus of the

Commission for Mr. Campbell to meet with the PBA.

22. ADJOURNMENT: Motion by Commissioner Carney, seconded by Commissioner Mealy, to adjourn at 10:45 p. m. The motion carried unanimously.

John Feind, Chairman

Penny Overstreet, City Clerk

Page 7

08/ 25/ 2011

167 REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION THURSDAY, SEPTEMBER 8, 2011 AT 5: 30 P. M., AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE

PRESENT:

Mayor

Alice

Baker;

Chariman

John

Feind Vice- Chairman

Jane

Mealy,

Commissioners, Kim Carney, Steve Settle, Marshall Shupe, City Attorney Drew Smith, Acting City Manager Bruce Campbell, and City Clerk Penny Overstreet. 1.

CALL THE MEETING TO ORDER: Chairman Feind called the meeting to order at 5: 30 p. m.

PLEDGE OF ALLEGIANCE

FOLLOWED

MEMBERS OF THE ARMED FORCES:

BY A MOMENT OF SILENCE TO

RECOGNIZE THE

Mayor Baker led the pledge to the flag followed by a

moment of silence.

PROCLAMATIONS AND AWARDS: A.

Celebrating

the Flagler Beach Women'

Club:

Mayor Baker read the proclamation into

the record. She also read a letter of support from the Mayor of Beverly Beach thanking the membership for their hard work and presented both documents to the members of the organization.

DELETIONS AND CHANGES TO THE AGENDA:

Item 11 from the agenda and the Regular

Meeting Minutes of August 25, 2011. 5.

COMMENTS REGARDING ITEMS NOT ON THE AGENDA.

CITIZENS ARE ENCOURAGED TO

HOWEVER, COMMENTS SHOULD BE LIMITED TO THREE MINUTES:

SPEAK. concern

over

responded

the

possible

to Mr. Cox' s

settlement

comments.

agreement

regarding the

Jim Cox expressed

marina.

Phyllis

Carmel

George Ellis expressed concern over the marina working

with fiberglass. Stan Dunyer was disappointed with the Commission' s decision regarding doggy dining. Bob Chase was also disappointed with the Commission' s decision regarding doggy dining. Jeff Fisher thanked the Commission for their renewed efforts for the First Fridays. Ruth Hellerman also felt the First Fridays were becoming better. She let everyone know Mr. Holmberg will be on WNZF at 9: 30 a. m. She also invited everyone to a meeting on Thursday at the Realtors Association Building. CONSENT AGENDA

APPROVE THE

MINUTES OF THE

REGULAR

WORKSHOP MEETING OF AUGUST 18, 2011:

MEETING OF AUGUST 25, 2011, AND THE

The minutes of August 25, 2011 were removed

from the agenda.

ACCEPT AN INSURANCE PROPOSAL FROM BROWN & BROWN FOR FY 11/ 12:

APPROVE A JOB DESCRIPTION OF PART- TIME BUILDING OFFICIAL:

APPROVE CHANGE ORDER # 2 ( FINAL)

DOWNTOWN CRA STREETSCAPE IMPROVEMENTS

PHASE IID:

Motion by Commissioner Mealy, seconded by Commissioner Carney, to approve Items 7, 8 and 9. The motion carried unanimously.

Page 1

09/ 08/ 2011

REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION THURSDAY, SEPTEMBER 8, 2011 AT 5: 30 P. M., AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE ITEM 6: Commissioner

Mealy

Item 6 be

asked

regarding the Administrative Sergeant not"

was

left

out

Commissioner Settle, to

the

for discussion.

She noted the section

incorrect.

was

Motion

sentence.

approve

pulled

minutes of

the

City Clerk Overstreet noted the word by Commissioner Mealy, seconded by August Budget Workshop as amended. 18th

The motion carried unanimously. GENERAL BUSINESS

10. CONSIDER AMENDING THE LEASE WITH THE MONTESSORI SCHOOL FOR THE FOYER AT THE

Mr. Campbell spoke to the history of the item and reported on the administrative error in Mrs. Huckabee mistakenly given a different version of

WICKLINE CENTER — KERI HUCKABEE:

the lease. No action was taken on this item.

11. CONSIDER OPENING NEGOTIATIONS TO CONSIDER A SALARY INCREASE FOR THE PBA MEMBERS, OR GRANT A SALARY INCREASE SIMILAR TO NON- BARGAINING EMPLOYEES— BRUCE

THIS ITEM WAS REMOVED THE AGENDA:

CAMPBELL, ACTING CITY MANAGER:

This Item was

removed the agenda.

12. RESOLUTION 2011- 38, AMENDING RESOLUTION 2010-50 WHICH ADOPTED THE FY 10/ 11

BUDGET, TO REFLECT A BUDGET AMENDMENT, TO TRANSFER FUNDS FOR MACHINERY REPAIRS IN THE WASTEWATER DEPARTMENT, PROVIDING FOR CONFLICT AND PROVIDING AN EFFECTIVE DATE:

Attorney

Smith

read

the title

the

resolution

into the

record.

Commissioner Feind

reported on the history and the need of the resolution. Motion by Commissioner Shupe, by Commissioner Mealy, to approve Resolution 2011- 38. The motion carried

seconded

unanimously, after a roll call vote: COMMISSION COMMENTS

13. COMMISSION COMMENTS:

Mayor Baker attended Heritage Crossroads Meeting and they

are looking for volunteers for the Creekside Festival on October 8 and 9. She attended the

ribbon cutting for the Moody Homestead Park. Commissioner Carney reported he has been working on the Museum Gala. She reported she would be attending the Legislative Committee meeting for the Florida League

Cities in Orlando.

Commissioner Carney reported on a

meeting she had with Lori Ottlein and Patty Powell regarding sea turtles. Commissioner Carney asked if the colleagues from the County and municipalities have been invited to the Town Hall Meeting. Acting City Manager Campbell reported the County Commissioners, the County Administrator managers and and

and

Engineers

the mayors.

hoped that it

have

been

invited,

from

the

municipalities;

invited the

Commissioner Mealy commended the efforts made for First Friday

would start

spreading

out a

little bit

more.

She reported Enterprise Flagler

has met with a site selector consultant. PUBLIC HEARING

14. ORDINANCE 2011- 16, AMENDING THE CITY OF FLAGLER BREACH CODE OF ORDINANCE S, CHAPTER 9, FIRE PREVENTION AND PROTECTION, SECTION 9- 20 PROVIDING RESTRICTIONS ON Page 2

09/ 08/ 2011

REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION THURSDAY, SEPTEMBER 8, 2011 AT 5: 30 P. M., AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE

THE PERMITTING OF CAMPFIRES ON THE BEACH DURING SEA TURTLE NESTING SEASON, PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE — FIRST

READING TABLED FROM AUGUST 25, 2011.

Attorney Smith read the title of the ordinance into

the record. Commissioner Carney reported after her meeting with members of the Turtle Patrol,

hibachis,

she clarified grills,

light from the flame

and

were not what

they

were concerned with the most.

removing the fire from the beach.

The

Commissioner Shupe questioned

how someone would distinguish between and open flame not being appropriate and a hibachi being

Attorney Smith repeated to the Commission his understanding of the direction they wanted to take with the ordinance; campfires or other open fires adding in language to allowed.

clarify the meaning ( not using reasonable containment measures and not using charcoal). Lori Ottlein suggested using the State' s wording " no bonfires or campfires." It was the consensus of the Commission to

using the State' s wording.

The public hearing was opened. The following citizens came forward to give their concerns, suggestions or opinions: Bob Chase, Lori Ottilein. The public hearing was closed. Motion by Commissioner Mealy, seconded by

Commissioner

proceed

Carney,

to approve

Ordinance

2011- 16,

The motion carried

amended.

unanimously, after a roll call vote.

15. ORDINANCE

2011- 01,

AMENDING SECTION

2. 06.08.4. 1 OF THE LAND DEVELOPMENT

REGULATIONS REGARDING PLACEMENT OF TEMPORARY STRUCTURES AND PARKING AND STORAGE OF UTILITY TRAILERS AND RECREATIONAL VEHICLES; AMENDING SECTIONS 2. 02. 00 AND

5. 02. 01

REMOVING

THE

CERTAIN

LAND

DEVELOPMENT

REGULATIONS

COMPLIANCE ASSISTANCE;

REGULATIONS TO

STORAGE

TO OF

PROVIDE BOATS;

DEFINITIONS;

PROVIDING

FOR

PROVIDING FOR CODIFICATION, SEVERABILITY, AND REPEAL OF

CONFLICT ORDINANCES, AND ESTABLISHING AN EFFECTIVE DATE — FIRST READING: Smith of

read

the title

item.

the

the ordinance into the

Discussion

ensued

and

record.

Attorney Commissioner Feind gave a brief history

included removing the

clarification

regarding the term " hook up"

Pads" in the

ordinance;

word

many"

from line 21;

and when the generator can be used; the building lines and definitions of such; whether the ordinance is encouraging RVs; whether visitors with RVs are capable of hooking up for sewer; concrete pads used for RVs and not referencing " RV Section D refers to visiting with an RV for two weeks but must not be

residing in the RV for that period; utility trailers

hearing and

was opened.

suggestions:

Price.

The

issues for

code enforcement.

The public

The following citizens came forward to express their concerns, opinions

Sandra Nietubik, Phyllis Carmel, Bob Chase, Richard Price and Rosemarie

public

compromise.

and

hearing

Mayor Baker

was

closed.

Commissioner Settle felt the ordinance was a

in favor

the ordinance.

Commissioner Mealy needed clarification regarding if the section regarding utility trailers conflicted with the sign ordinance. Commissioner Shupe felt above all he did not want to see an RV in anyone' s front yard. Commissioner Feind

was not

was concerned with

the commercial utility trailers.

Attorney Smith asked

for consensus on the following: adding utility trailers to lines 21 and 24; in the same two provisions

replacing the

word "

many"

with

the

word " certain";

line 31 leave it; Section 2 to pull

forward definitions of building line, front yard, side yard, back yard; working in wording to include the allowance for a utility trailer be parked on a residential property only applies to non- commercial trailers and any utility trailer would have to have no contents on it or any contents structurally obscured, not just obscured with a tarp; to add wording to line 111 to include " Page 3

hook

ups except

for

maintenance and

testing"; line

147

remove "

the";

line 157

09/ 08/ 2011

REGULAR MEETING OF THE FLAGLER BEACH CITY COMMISSION THURSDAY, SEPTEMBER 8, 2011 AT 5: 30 P. M., AND TO BE CONTINUED UNTIL ITEMS ARE COMPLETE

regarding the " parking pads" to remove or add appropriate wording to caption the spirit of the

permitting process for those pads; line 166 to add between the words " owners" and " comply" word " to"'. It was the consensus of the Commission for the Attorney Smith to move forward with the suggested changes. Motion by Commissioner Mealy, seconded by Commissioner Shupe, that we adopt 2011- 01, as amended on first reading. The motion carried four to one, with Commissioner Feind voting no. insert the

STAFF REPORTS 16. STAFF REPORTS: Hall

Meeting

dinner

Acting City Manager updated the Commission on the status of the Town

September 20, 2011. He reminded one and all of the Fire Fighters recognition 19th

September

5: 00

p. m.

Fire

the

House.

Mr. Campbell

updated the

Commission on DEP' s response for the extension to the pier. He received the lease signing with Mr. Barshay for the pier. Renovations to the Pier Restrooms will begin on September The Anniversary of September 11 wilt be held on the Pier at 8: 00 a. m., Sunday Morning. The 12th.

10th

Pier

will

after

closed until after

and

direction

Commissioner Feind' who

would

Commissioner Settle wanted

moderate.

make

The

should

sure

that

order of

the

He reported on recent developments with FDOT

the ceremony.

moderating

moderate would

with

meeting

as ok.

agenda was

the

Governor Scott.

Town

Hall

Mr. Campbell asked for

meeting.

Mr.

Campbell

felt

for the meeting. He Consensus was given for Commissioner Settle to was

the one

who

called

discussed. It was the consensus of the Commission to

change the agenda to reflect all presenters present and then to follow with a question and answer period. Mayor Baker asked the Commission give Mr. Campbell direction to discuss with

FDOT the possibility of a nopass zone on S. R. A1A throughout the City. It was the consensus of the Commission to pursue a nopass throughout the City. Commissioner Mealy noted there

have been people surveying along A1A and questioned who that might have been. Mayor Baker asked the Commission give Mr. Campbell direction to discuss with FDOT the possibility of a nopass zone on S. R. A1A throughout the City. It was the consensus of the Commission to pursue a nopass throughout the City. 17. ADJOURNMENT:

Motion by Commissioner Mealy, seconded by Commissioner Carney, to

adjourn at 8: 08 p. m. The motion carried unanimously.

John Feind, Chairman

Penny Overstreet, City Clerk

Page 4

09/ 08/ 2011

4:iIi11'\ rpyr

n! I

11X

City

Flagler Beach

AGENDA ITEM # 8

Item Summary and Recommendation SUBJECT:

Approve an Interlocal Agreement with the City of Palm Coast for Building

Inspection and Plan Review Services on a contingency basis. BACKGROUND:

RECOMMENDATIONS: proposal or

Review the Interlocal Agreements. Choose both â&#x20AC;&#x201D;considering price and level of service being proposed.

the

best

ATTACHMENTS: Interlocal Agreement Staff Comments:

City

Manager:

The Interlocal Agreement was presented by the City of Palm Coast as a

contingency" to our City providing the service of plan reviews/ building permit inspections beginning October 1, 2011. Our City Planner, Acting City Manager and

Flagler County Officials will meet on September 19, 2011 to discuss the transition from County provided service, along with potentially receiving a second Interlocal

the

contingency proposal.

K:\ 2011\ Commission\ Item

Summary\ 09222011\ Summary

8. doc

INTERLOCAL AGREEMENT

FOR BUILDING INSPECTION SERVICES

THIS INTERLOCAL AGREEMENT is made and entered into this

day

2011 by and between the CITY OF FLAGLER

BEACH,

Florida municipality, ( hereinafter " FLAGLER BEACH"), whose address is

P. O. Box 70, Flagler Beach, Florida 32136 and the CITY OF PALM COAST, a Florida municipality, ( hereinafter the " PALM COAST"),

whose address is 160 Cypress Point

Parkway, Suite B- 106, Palm Coast, FL 32164.

WITNESSETH

WHEREAS, it is the intent of the Legislature, pursuant to Chapter 163, Florida Statutes, to encourage public agencies to join together in agreements which will best serve the public

interest and promote the most efficient expenditures of public funds through avoiding costly duplication of services; and

WHEREAS, pursuant to Section 553. 79, Florida Statutes, all municipalities are required

to conduct building inspections to ensure compliance with the Florida Building Code; and

WHEREAS, PALM COAST has a building permitting and inspection department; and

WHEREAS, PALM COAST offers building plan review and building inspection services, under the oversight of the Palm Coast Building Official, pursuant to Chapter 553, Florida Statutes, to FLAGLER BEACH; and

WHEREAS, each party, to extent permitted by Section 768.28, Florida Statutes, agrees to indemnify and hold harmless each of the other parties, their officers, agents and employees, from and against any and all claims, damages, injuries, losses and expenses,

including reasonable attorney' s fees, arising out of or relating to that party' s actions or INTERLOCAL AGREEMENT INSPECTION SERVICES Page 1

omissions arising out of this Agreement and the actions or omissions of the party' s officers, agents and employees; provided, however, that no party waives sovereign

immunity hereby as to third parties.

NOW THEREFORE, in consideration of the provisions contained in this Agreement,

and other goods and valuable consideration in which the party acknowledges, the parties agree as follows: SECTION 1.

RECITALS. The above recitals are true and correct and form a material

part of this Agreement upon which the parties have relied. SECTION 2. PURPOSE.

The purpose of this Interlocal Agreement is to coordinate

certain matters relative to the provision of public services by the parties to their respective citizens.

SECTION 3. RESPONSIBILITIES. 1.

a. PALM COAST hereby agrees to provide building inspection services and plan

review services under the oversight of the PALM COAST building official on an as needed basis to FLAGLER BEACH.

b. PALM COAST hereby agrees to commence each plan review requested within

a normal 24 hour working period and to perform each inspection within a normal 24 hour working period. 2.

FLAGER BEACH will provide all administrative duties relating to permitting.

FLAGLER BEACH understands that PALM COAST will not be responsible for administrative

duties such as permitting, permit management, and record retention. PALM COAST shall invoice FLAGLER

SECTION 4. FEES AND PAYMENT.

BEACH for the above services on a monthly basis which shall be due and payable within 45 days of receipt.

FLAGLER BEACH agrees to pay PALM COAST the following fees: Building Plan

50 per inspection

Inspection

50 per half-hour of review

review

INTERLOCAL AGREEMENT

INSPECTION SERVICES Page 2

SECTION 5. TERM, TERMINATION AND LENGTH OF AGREEMENT. a)

Term

Agreement.

The

term

this

Agreement

for three ( 3)

years

commencing on the date of full execution of this Agreement by the parties. Further, this Agreement shall be automatically renewed annually unless either party notifies the other in writing with sixty ( 60) days notice. b)

Termination of Agreement. The parties agree that this Interlocal Agreement may

be terminated by either party without cause after providing 60 days notice. SECTION 6. INTERPRETATION. The language of this Agreement has been agreed

to by both Parties to express their mutual intent and no rule of strict construction shall be applied

against either Party. The headings contained in this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement. SECTION 7.

NOTICES.

Whenever either Party desires to give notice unto the other,

such notice must be in writing, sent by registered United States mail, return receipt requested,

addressed to the Party for whom it is intended at the place specified below. The place for giving of notice shall remain the same until it shall have been changed by written notice in compliance with

the

provision of

this

paragraph.

For the present, the Parties designate the following as the

respective place for giving of notice:

FOR FLAGLER BEACH:

City of Flagler Beach

City Manager P. O. BOX 70

Flagler Beach, Florida 32136

FOR THE CITY OF PALM COAST:

City of Palm Coast City Manager

160 Cypress Point Parkway, Suite B- 106 Palm Coast, Florida 32164 INTERLOCAL AGREEMENT

INSPECTION SERVICES Page 3

SECTION 8. SEVERABILILTY. Any provision of this Agreement held by a court of competent jurisdiction to be invalid, illegal, or unenforceable shall be severable and shall not be construed to render the remainder to be invalid, illegal, or unenforceable. SECTION 9.

EFFECTIVE DATE. The effective date of this Agreement shall be the

date upon which the last party to execute shall execute this Agreement. SECTION

10.

LIABILITY/ NO THIRD

PARTY BENEFICIARIES.

Nothing is

intended to serve as a waiver of sovereign immunity by any Party to which sovereign immunity may be

applicable.

Nothing shall be construed as consent by a state agency or political

subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. All Parties are municipal corporations or political subdivisions

of the State of Florida as defined in Section 768. 28, Florida Statutes, or any amended or successor statute, and agree to be fully responsible for acts and omissions of their agents or employees to the extent permitted by law. SECTION 11.

LIMITATIONS OF AGREEMENT.

It is not the intent of this

agreement to change the jurisdiction of the Parties in any manner except as specifically provided.

All other policies, rules, regulations and ordinances of the Parties will continue to

apply within the jurisdictional boundaries of each Party. SECTION provisions of

12.

FILING

Section 163. 01( 11),

INTERLOCAL

AGREEMENT.

Pursuant

the

Florida Statute, this Interlocal Agreement shall be filed with

the Clerk of the Circuit Court in and for Flagler County, Florida. SECTION

13.

EMPLOYEE

STATUS.

Persons employed by either Party in the

performance of services and functions pursuant to this Agreement shall not be deemed to be

employees of the other Party nor shall they have any claim to pension, worker' s compensation, civil service or other employee rights or privileges granted by the other Party to its officers and employees.

SECTION

14.

ENTIRE

AGREEMENT;

AMENDMENTS.

This

instrument

constitutes the entire Agreement between the parties and supersedes all previous discussions, understandings and agreements.

Amendments to and waivers of the provisions herein shall be

made by the parties only in writing by formal amendment. INTERLOCAL AGREEMENT INSPECTION SERVICES Page 4

IN WITNESS WHEREOF, the parties hereto affix their hand and seal this

day

2011.

ATTEST:

Penny

Overstreet,

CITY OF FLAGLER BEACH

City

Clerk

Alice Baker, Mayor

Approved as to form and legality

City Attorney

ATTEST:

Virginia A. Smith,

CITY OF PALM COAST, FLORIDA

City

Clerk

Jon Netts, Mayor

Approved as to form and legality:

William E. Reischmann, Jr., City Attorney

INTERLOCAL AGREEMENT

INSPECTION SERVICES Page 5

e, FIa. Ier

wdwwi

eeO6 i%mm

tt1v

er7;;;;:* eecti*

City

Flagler Beach

AGENDA ITEM # 9

Item Summary and Recommendation SUBJECT:

Approve

agreement

between

the

State

Florida,

The

Attorney General and the Flagler Beach Police Department for VOCA Grant V11020 for the 2011- 2012 Budget Year; and authorize mayor to sign.

BACKGROUND:

Two original agreements must be signed prior to October 1, 2011.

The

RECOMMENDATIONS: ATTACHMENTS:

award amount

for 2011/ 12 is $ 54, 574.

Approval

2 Agreements from State of Florida and Office of the Attorney General, Processing Instructions

SUBMITTED BY:

Kathleen Doyle

DATE: 09/ 08/ 2011

Staff Comments: City

Manager: The VOCA Grant V11020

salary, taxes

and

benefits

pays

cost. ($54, 574of

98% of the Victim Advocates

$ 55, 564 total

cost.)

The remaining

3,015 of VOCA FY 2011- 2012 expenses are supported by the General Fund.

K:\ 2011\ Commission\ Item

Summary\ 09222011\ Summary

9. doc

2011/ 2012

AGREEMENT BETWEEN THE STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL AND

Flagler Beach Police Department GRANT NO.V11020

THIS AGREEMENT is entered into in the City of Tallahassee, Leon County, Florida by and between the State of Florida, Office of the Attorney General, the pass- through agency for the Victims

Crime Act (VOCA),

Catalog of Federal Domestic Assistance ( CFDA) Number16. 575, hereafter referred to as the OAG, an agency of the State of Florida with headquarters of

located at PL- 01, The Capitol, Tallahassee, Florida 32399- 1050, and the Flagler Beach Police Department, Post Office Box 36, Flagler Beach, Florida 32136- 0035 hereafter referred to as the

Provider. The parties hereto mutually agree as follows: ARTICLE 1.

ENGAGEMENT OF THE PROVIDER

The OAG hereby agrees to engage the Provider and the Provider hereby agrees to perform services as set forth herein. The Provider understands and agrees all services are to be performed

solely by the Provider and may not be subcontracted or assigned without prior written consent of

the OAG. The Provider agrees to supply the OAG with written notification of any change in the appointed representative for this Agreement. This Agreement shall be performed in accordance with

the Victims

Crime Act (VOCA), Victim Assistance Grant Final Program Guidelines,

Federal Register, Vol. 62, No. 77, April 22, 1997, pp. 19607- 19621 and the U. S. Department of Justice, Office of Justice Programs, Financial Guide, incorporated herein by reference. ARTICLE 2. SCOPE OF SERVICES

For the 2011/ 2012 grant period, the Provider agrees to undertake, perform and complete

the services as outlined in the 2009/ 2010 grant application approved by the OAG, incorporated herein by reference, unless otherwise approved in writing by the OAG. ARTICLE 3.

TIME OF PERFORMANCE

This Agreement shall become effective on October 1, 2011, or on the date when the

Agreement has been signed by all parties, whichever is later, and shall continue through September 30, 2012. No costs incurred by the Provider prior to the effective date of said Agreement will be reimbursed and Provider is solely responsible for any such expenses. The original signed document must be returned to the OAG by October 14, 2011, or within 15 days of signature by all parties, or the Agreement shall be voidable at the option of the OAG.

ARTICLE 4. AMOUNT OF FUNDS

The OAG agrees to reimburse the Provider for services completed in accordance with the terms and conditions of the Agreement. The total sum of monies reimbursed to the Provider for

the costs incurred under this Agreement shall not exceed $ 54, 574. The Provider agrees not to commingle grant funds with other personal or business accounts. The U. S. Department of Justice, Office of Justice Programs, Financial Guide does not require physical segregation of cash

deposits or the establishment of any eligibility requirements for funds which are provided to a recipient. However, the accounting systems of Providers must ensure OAG funds are not

commingled with funds on either a program- by-program or a project-by- project basis. Funds specifically budgeted and/ or received for one project may not be used to support another. Where a Provider' s accounting system cannot comply with this requirement, the Provider shall establish a system to provide adequate fund accountability for each project. In accordance with the provisions of Section 287. 0582, F. S., if the terms of this Agreement and reimbursement thereunder extend beyond the current fiscal year, the OAG's performance and obligation to reimburse under this Agreement are contingent upon an annual

appropriation by the Florida Legislature. This Agreement is contingent upon the OAG' s Victims of Crime Act award funded through the U. S. Department of Justice, Office for Victims of Crime formula grant program. ARTICLE 5.

AUTHORIZED EXPENDITURES

Only expenditures which are detailed in the approved budget of the grant application, a revised budget, or an amended budget approved by the OAG are eligible for reimbursement with

grant funds. Any modification to the budget must be requested in writing to the OAG and will require prior approval by the OAG. Modification approval is at the discretion of the OAG. The Provider acknowledges and agrees any funds reimbursed under this Agreement must be used in accordance with the Victims of Crime Act, Victim Assistance Grant Final Program Guidelines,

Federal Register, Vol. 62, No. 77, April 22, 1997, pp. 19607- 19621, and the U.S. Department of

Justice, Office of Justice Programs, Financial Guide, incorporated herein by reference. The Provider and the OAG agree VOCA funds cannot be used as a revenue generating source and crime victims cannot be charged either directly or indirectly for services reimbursed with grant funds. Third party payers such as insurance companies, Victim Compensation, Medicare or Medicaid may not be billed for services provided by VOCA funded personnel to clients. Grant funds must be used to provide services to all crime victims, regardless of their financial

insurance

The OAG and the Provider further agree that travel expenses reimbursed with grant funds will be in accordance with resources or

availability

third party reimbursements.

all Section 112. 061, F. S. requirements.

The Provider shall reimburse the OAG for all unauthorized expenditures and the Provider

shall not use grant funds for any expenditures made by the Provider prior to the execution of this Agreement or after the termination date of the Agreement. If the Provider is a unit of local or

state government, the Provider must follow the written purchasing procedures of the government agency. If the Provider is

a non- profit organization,

the

Provider

agrees

to obtain a minimum

three ( 3) written quotes for all single item grant-related purchases equal to or in excess of one thousand dollars ($

1, 000) unless it is documented that the vendor is a sole source supplier.

ARTICLE 6. PROGRAM INCOME

Providers must provide services to crime victims, at no charge, through the VOCA funded project. Upon request, the Provider agrees to provide the OAG with financial records and internal

documentation regarding the collection and assessment of program income, including but not limited to victim compensation, insurance, restitution and direct client fees. ARTICLE 7. METHOD OF REIMBURSEMENT

Reimbursements under this Agreement shall be made on a cost reimbursement basis.

Reimbursement shall be made monthly based on Provider submission and OAG approval of a monthly invoice, VOCA Personnel Spreadsheet ( VPS), Match Personnel Spreadsheet ( MPS), and Actual Expense Report ( AER), if applicable. Monthly invoices, VPSs, MPSs and AERs, must be

submitted to the OAG by the last day of the month immediately following the month for which reimbursement is requested. The Provider shall maintain documentation of all costs represented on the invoice. The OAG may require documentation of expenditures prior to approval of the

invoice, and may withhold reimbursement if services are not satisfactorily completed or the documentation is not satisfactory. The final invoice is due to the OAG no later than 45 days after the expiration or termination of the Agreement. If the final invoice is not received within this

time frame, all right to reimbursement is forfeited, and the OAG will not honor any subsequent requests. Any reimbursement due or any approval necessary under the terms of this Agreement may be withheld until all evaluation, financial and program reports due from the Provider, and necessary adjustments thereto, have been approved by the OAG.

The Provider agrees to maintain and timely submit such progress, fiscal, inventory, and other reports as the OAG may require pertaining to this grant. The Provider is required to match the grant award as required in the VOCA Federal Guidelines. Match contributions of 20% ( cash or in-kind) of the total cost of each VOCA project

VOCA grant plus match) must be reported monthly to the OAG. All funds designated as match are restricted to the same uses as the VOCA victim assistance funds and must be expended within

the grant period. Unless otherwise approved by the OAG, match must be reported on a monthly basis consistent with the amount of funding requested for reimbursement. ARTICLE 8.

MONTHLY PERFORMANCE REPORTS

Monthly reports as required by the OAG must be completed and received with the monthly invoice. Reimbursement of a monthly invoice is contingent upon OAG receipt and approval of the corresponding monthly report. Failure to provide the complete correct report by the deadline may result in termination of the Agreement. Providers will be held responsible for

meeting the service projections as outlined in Part 4 of the VOCA application and approved by the OAG, incorporated herein by reference unless otherwise approved by the OAG and shown as Attachment " A."

ARTICLE 9. DOCUMENTATION AND RECORD RETENTION

The Provider shall maintain books, records, and documents ( including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of grant funds.

The Provider shall maintain a file for inspection by the OAG or its designee, Chief Financial Officer, or Auditor General that contains written invoices for all fees, or other

compensation for services and expenses, in detail sufficient for a proper pre- audit and post-audit.

This includes the nature of the services performed or expenses incurred, the identity of the person( s) who performed the services or incurred the expenses, the daily time and attendance

records and the amount of time expended in performing the services ( including the day on which the

services were performed),

and if expenses were incurred, a detailed itemization of such

expenses. Documentation, including audit working papers, shall be maintained at the office of the Provider for a period of five years from the termination date of the Agreement, or until the audit

has been completed and any findings have been resolved, whichever is later. The Provider shall give authorized representatives of the OAG the right to access, receive and examine all records, books, papers, case files, documents, goods and services related to the

grant. If the Provider fails to provide access to such materials, the OAG may terminate this

Agreement. Section 119. 071, and Section 960. 15 F. S., provides that certain records received by the OAG are exempt from public record requests, and any otherwise confidential record or report shall retain that status and will not be subject to public disclosure. The Provider, by signing this Agreement specifically authorizes the OAG to receive and review any record reasonably related to the purpose of the grant as authorized in the original grant application and or the amendments

thereto. Failure to provide documentation as requested by the OAG shall result in the suspension of further reimbursements to the Provider until requested documentation has been received,

reviewed, and the costs are approved for reimbursement by the OAG. The Provider shall allow public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, unless the records are exempt under one of the provisions mentioned in the paragraph above, or are exempt from Section 119. 071 F. S. or

Section 24 ( a) of Article I of the State Constitution and Chapter 119, Florida Statutes. Failure by the Provider to allow the aforementioned public access constitutes grounds for unilateral

cancellation by the OAG at any time, with no recourse available to the Provider. ARTICLE 10. VICTIM ADVOCATE DESIGNATION

The Provider agrees to have at least one staff member complete training through the OAG' s Victim Services Practitioner Designation Training. ARTICLE 11.

PROPERTY

The Provider agrees to be responsible for the proper care and custody of all property purchased with grant funds and agrees not to sell, transfer, encumber, or otherwise dispose of property

acquired with grant

funds

without

the

written permission of

the

OAG. If the Provider is

no longer a recipient, all property acquired by grant funds shall be subject to the provisions of the U. S. Department of Justice, Office of Justice Programs, Office of the Comptroller Financial Guide.

ARTICLE 12. AUDITS

The administration of funds disbursed by the OAG to the Provider may be subject to audits and or monitoring by the OAG, as described in this section. This part is applicable if the Provider is a State or local government or a non-profit organization as defined in OMB Circular A- 133, as revised. 1.

In the

event

that the Provider

expends $ 300, 000

($ 500, 000

for fiscal years ending after December 31, 2003) or more in Federal awards of any type in its fiscal year, the Provider must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. Article 4 to this

Agreement indicates the amount of Federal funds disbursed through the OAG by this Agreement. In determining the Federal awards expended in its fiscal year, the

Provider shall take into account all sources of Federal awards, including Federal resources received from the OAG. The determination of amounts of Federal

awards expended should be in accordance with the guidelines established by OMB Circular A- 133, as revised. An audit of the Provider conducted by the Auditor General in accordance with the provisions OMB Circular A- 133, as revised, will meet the requirements of this part.

In connection with the audit requirements addressed in this part, the Provider shall

fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised. 3.

If the Provider

expends

less

than $ 300, 000 ($

500, 000 for fiscal years ending after

December 31, 2003) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, is not required. In the

event

that the Provider

expends

less than $ 300, 000 ($ 500, 000 for fiscal

years ending after December 31, 2003) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be reimbursed from nonFederal funds ( i. e., the cost of such an audit must be reimbursed from Provider resources obtained from other than Federal entities). ARTICLE 13. AUDIT REPORT SUBMISSION

Audits must be submitted no later than 180 days following termination or expiration of the Agreement, but may be submitted at a later date upon written approval of the OAG. 1.

Copies of audit reports for audits conducted in accordance with OMB Circular A133,

as revised, and required

this Agreement

shall

submitted, when required

Section . 320( d),

OMB Circular A- 133, as revised, by or on behalf of the Provider directly to each of the following: A.

Office of the Attorney General Bureau of Advocacy and Grants Management PL- 01, The Capitol

Tallahassee, Florida 32399- 1050 B.

The Federal Audit Clearinghouse designated in OMB Circular A- 133, as revised (the number of copies required by Sections . 320( d)( 1) and ( 2), OMB Circular A- 133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census h

1201 East 10` Street

Jeffersonville, IN 47132 C.

Other Federal agencies and pass- through entities in accordance with Sections . 320( e) and ( f), OMB Circular A- 133, as revised.

In the event that a copy of the financial reporting package for an audit required by ARTICLE 12 of this Agreement and conducted in accordance with OMB Circular A- 133, as revised, is not required to be submitted to the OAG for the reasons pursuant

to Section . 320( e)( 2),

OMB Circular A- 133, as revised, the Provider shall

submit the required written notification pursuant to Section . 320( e)( 2) and a copy

of the Provider' s audited schedule of expenditures of Federal awards directly to the OAG. 3.

Any reports, management letters, or other information required to be submitted to

the OAG pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A- 133, as revised, as applicable. 4.

Providers should indicate the date that the financial reporting package was delivered to the Provider in correspondence accompanying the financial reporting package.

ARTICLE 14. MONITORING

In addition to reviews of audits conducted in accordance with OMB Circular A- 133, as

revised, monitoring procedures may include, but not be limited to, on- site visits by OAG staff or its designee, limited scope audits as defined by OMB Circular A- 133, as revised, and/ or other procedures. By entering into this Agreement, the Provider agrees to comply and cooperate with any monitoring procedures/ processes deemed appropriate by the OAG. The Provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed by the Chief Financial Officer or Auditor General.

necessary

The Provider may not accept duplicate funding for any position, service or deliverable funded

by the OAG.

Duplicative

funding

is defined

as more

than 100%

payment from all funding

sources for any position, service or deliverable. If there are multiple funding sources and a program is funded by the OAG, the OAG or its designee has the right to review all documents

related to those funding sources to determine whether duplicative funding is an issue. If duplicate funding is found, the Agreement may be suspended while the extent of any overpayment is determined, or terminated or both. Failure to comply with state law, or the U. S. Department of Justice Programs, Financial Guide, may also result in the suspension of the Agreement while the extent of the overpayment is determined, or termination or both. Absent fraud, in the event that

there has been an overpayment to a Provider for any reason, including the aforementioned, if the amount of the overpayment cannot be determined to a reasonable degree of certainty, both parties agree that the Provider shall reimburse to the OAG one half of the monies previously paid to the Provider for that line item for the grant year in question. ARTICLE 15.

TERMINATION OF AGREEMENT

This Agreement may be terminated by the OAG for any reason upon five ( 5) days written notice via certified mail.

In the event this Agreement is terminated, the Provider shall deliver documentation of

ownership or title, if appropriate for all supplies, equipment and personal property purchased with grant funds to the OAG, within 30 days after termination. Any finished or unfinished documents, data, correspondence, reports and other products prepared by or for the Provider under this Agreement shall be made available to and for the exclusive use of the OAG.

Notwithstanding the above, the Provider shall not be relieved of liability to the OAG for damages sustained by the OAG by virtue of any termination or breach of this Agreement by the Provider. In the event this Agreement is terminated, the Provider shall be reimbursed for

satisfactorily performed and documented services provided through the effective date of termination.

ARTICLE 16. AMENDMENTS

Except as provided under Article 5, Authorized Expenditures, modification of any provision of this contract must be mutually agreed upon by all parties, and requires a written amendment to this Agreement.

ARTICLE 17. NONDISCRIMINATION

No person, on the grounds of race, creed, color, national origin, age, sex or disability, shall be excluded from participation in; be denied proceeds or benefits of; or be otherwise subjected to

discrimination in performance of this Agreement as proscribed by all applicable state and federal laws and regulations. The Provider shall, upon request, show proof of such nondiscrimination.

Failure to comply with such state and federal laws will result in the termination of this Agreement.

ARTICLE 18. ACKNOWLEDGMENT

All publications, advertising or describing of the sponsorship of the program shall state: This

project was supported

Crime, Office

of Justice

Award No.

Programs.

awarded by the Office for Victims of Sponsored by ( name of Provider) and the State of Florida."

ARTICLE 19. EMPLOYMENT

The employment of unauthorized aliens by the provider is considered a violation of

section 274A( e) of the Immigration and Nationality Act. If the provider knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement.

Any services performed by any such unauthorized aliens shall not be reimbursed. ARTICLE 20. ASSURANCES

Attachment " B" Assurances is hereby incorporated by reference. ARTICLE 21.

CERTIFICATION FORM

Attachment " C" Certification Form is hereby incorporated by reference. ARTICLE 22. CONTROLLING LAW AND VENUE

This Agreement is governed by Florida law. In the event of litigation, venue shall be in

the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida. ARTICLE 23. AGREEMENT AS INCLUDING ENTIRE AGREEMENT

This instrument and the grant application embody the entire Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations or Agreements on this same subject, verbal or written, between the parties.

The Provider's signature below specifically acknowledges understanding of the fact that the privilege of obtaining a VOCA grant is not something this or any Provider is entitled to receive. This Agreement is for one time funding only. There is absolutely no expectation or guarantee, implied or otherwise, the Provider will receive VOCA funding in the future. The OAG strongly encourages the Provider to secure funding from other sources if the Provider anticipates the

program will continue

beyond

the

current grant year.

IN WITNESS WHEREOF, the OFFICE OF THE ATTORNEY GENERAL and the Flagler Beach Police Department, have executed this Agreement.

A441. 1

Authorizing

Official

fr4

for of Administration

John Hamilton

Print Name

Dad

Date

FEID# of Provider

ORIGINAL SAMAS Code

ATTACHMENT A

Agency

Name:

ffinei'd-

)

PART 4. VICTIMS SERVED AD TYPES OF SERVICES Indicate the number of victims projected to be served by type of victimization: Note: Indicate the number of victims served by VOCA-funded and matching funds through the grant period. Each victim should be counted only once unless there is a separate instance of victimization. For example, a victim of spouse abuse assault should be counted one time during the grant period unless he/she is victimized as a result of a separate and unrelated crime. At a minimum, the agency will provide services to no less than 90 percent of the total projected victim population. of

Victims to be

Served

Type

Victim

of Other Types of Victims to be Served

For other types of crimes, identify and list each separately

15 â&#x20AC;˘

Child Physical Abuse

Child Sexual Abuse

DUI/ DWI Crashes

Stalking

200

Domestic Violence

Criminal Mischief

Adult Sexual Assault

Repeat/ Dating Violence

Elder Abuse

Larceny/Theft/ Burglary

Adults Molested as Children

Survivors of Homicide Victims

below,

Robbery

Assault

3- 144.,7=17-7.17

292

120

412

Indicate the

number of victims projected

receive

the

following

service(s). (

See Definitions foi a description

of each service.)

of Victims to be Served

Type

of Other Types of Services to b = provided

Service

1Q0

Crisis

400

Follow- up Contacts

For other types of services,-idea '

Counseling

Therapy

Support Groups

separately below.

Crisis Hotline Counseling

Shelter/ Safehouse Information

125

Criminal Justice Support/Advocacy

Referral

Emergency Legal Advocacy

250

Assistance Filing Compensation Claims Mandatory Requirement

150

Personal Advocacy

250

Telephone Contacts

StriMV

Emergency Financial Assistance

100

1, 500

a r)

1n- Person)

125

and

identify arldaetz'

ab alai'

t= t"

gt â&#x20AC;&#x17E; -

1, 500

ORIGINAL

ATTACHMENT

OMB APPROVAL NO. 1121- 0140 EXPIRES 06/ 30/ 2009

STANDARD ASSURANCES

The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A- 87, A- 102, A- 110, A- 122, A-

133; Ex. Order 12372 ( intergovernmental review of federal programs); and 28 C.F. R. pts. 66 or 70

administrative requirements for grants and cooperative agreements). The applicant also specifically assures and certifies that:

1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability( including funds sufficient to pay any required nonfederal share of project cost) to ensure proper planning, management, and completion of the project described in this application.

2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

3. It will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance.

4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C. F. R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in 2 C. F. R. § 175. 15( b).

5. It will assist the awarding agency( if necessary) in assuring compliance with section 106 of the National Historic Preservation Act

1966( 16 U. S. C. § 470), Ex. Order 11593 ( identification and

protection of historic properties), the Archeological and Historical Preservation Act of 1974( 16 U. S. C.§ 469

seq.),

and

the National Environmental

Policy Act

1969( 42 U. S. C. § 4321).

6. It will comply( and will require any subgrantees or contractors to comply) with any applicable statutorily- imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act

Juvenile Justice

and

1968 ( 42 U. S. C. § 3789d); the Victims

Crime Act( 42 U. S. C. § 10604(

e));

The

Prevention Act

2002 ( 42 U. S. C. § 5672( b)); the Civil Rights Act of

1964 ( 42 U. S. C. § 2000d); the Rehabilitation Act

1973 ( 29 U. S. C. § 7 94); the Americans with

Disabilities Act 1683, 1685- 86);

Delinquency

1990( 42 U. S. C.§ 12131- 34); the Education Amendments

and

the Age Discrimination Act

1972 ( 20 U. S. C. §§ 1681,

1975 ( 42 U. S. C. §§ 6101- 07); see Ex. Order 13279

equal protection of the laws for faith- based and community organizations).

7. If a governmental entity— a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act

1970( 42 U. S. C.§ 4601

seq.), which govern the treatment of persons displaced as a

result of federal and federally- assisted programs; and b) it

will

comply

with requirements of

5 U. S. C.§§

1501- 08

and §§

7324- 28, which limit certain

political activities of State or local government employees whose principal employment is in connection

with an activity financed in whole or in part by federal assistance.

Signature Date

Date

ORIGINAL

ATTACHMENT C CERTIFICATION Recipient Name

and

Grant Title:

Address: Flagler Beach Police Dept. ,

204

Grant Number:

VOCA

Contact Person Name

FORM

Title: Dan

and

Cody.

Police

Flagler Ave. ,

Flagler

Award Amount: $ 54, 514

vii 0 20

Phone Number: ( 38i)

Chief

Beach,

51 7- 2070

Federal regulations require recipients of financial assistance from the Office of Justice Programs( OJP), its component agencies, and the Office of Community Oriented Policing Services( COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal

Employment

Opportunity

Plan( EEOP) in

accordance with

28 C. F. R§§

42. 301-. 308. The regulations exempt some recipients from all of

the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they

do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must

complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file( if applicable) has been prepared within two years of the latest grant. Please send the completed form( s) to the Office for Civil Rights, Office of Justice Programs,

U. S. Department of Justice, 810 7th Street, N.W., Washington, D. C. 20531. For assistance in completing this form, please call( 202) 3070690 or TTY( 202) 307- 2027.

Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that apply.

X11'1

Recipient has less than 50

I, Alice M. Flagler

employees,

Recipient is

a non- profit organization,

Recipient is

a medical

Baker,

institution,

Recipient is an Indian tribe,

Recipient is an educational institution, or

Recipient is receiving an award less than$ 25, 000

Mayor

responsible official], certify that

Beach Police Department

recipient] is not required to

prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R § 42. 302. I further certify that Flagler

Beach

Police Department

recipient] will comply with applicable Federal civil rights

laws that prohibit discrimination in employment and in the delivery of services. Alice M. Print

Baker,

type Name

and

Mayor

Title

Signature

Date

Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for$ 25, 000 or more, but less than$ 500, 000, then the

recipient

agency does

not

have to

submit an

EEOP to OJP for

review as

long

certifies the

following(

responsible official],

the

42 C. F. R.§ 42. 305):

certify that

recipient], which has 50 or more

employees and is receiving a single award or subaward for$ 25,000 or more, but less than$ 500,000, has formulated an

EEOP in accordance with 28 CFR§ 42. 301, et seq., subpart E. I further certify that the EEOP' has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office

of:

organization],

address], for review by the public and

employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations.

type Name

and

OMB Approval No.

Title

1121- 0140

Signature

Expiration Date: 01/ 31/ 06

Date

ORIGINAL

of Fletar ee Qd

Wlu

iii

F' O

City

Flagler Beach

Ier

escb'

AGENDA ITEM # 10

Item Summary and Recommendation SUBJECT:

Approve proposed work assignment for engineering services from

Quentin L. Hampton Associates, Inc., for the design phase services for the

Potable Water Pump Station Pump Improvements in the amount of$ 6, 800. BACKGROUND:

pumping

system at

The City has budgeted capital funds for improvements to the the 1 MG

potable water ground storage

tank

and

pump

station.

The

proposed additional pump is to provide additional capacity during scheduled servicing of the City's elevated storage tank (south tank) in FY2012 and is to be equipped with a Variable Frequency Drive to reduce electricity costs. RECOMMENDATIONS:

Approval

Work assignment for engineering services from Quentin L. ATTACHMENTS: Hampton Associates, Inc., dated August 18, 2011, for the design services for the

Potable Water Pump Station project. SUBMITTED BY:

Robert Smith

DATE:

September 9, 2011

Reviewed by: Finance Director

Fiscal Impact if any:

City Manager: The 2010/ 2011 FY Capital Plan includes $ 30k for this project. The project consists of replacing pump and controllers which are approximately 30 yrs. in age. The work will take place during FY 2011/ 2012, therefore these Capital Funds will be encumbered into the new fiscal year.

K:\ 2011\ Commission\ Item

Summary\ 09222011\ Summary

10. docm

MARK A. HAMPTON, P. E. BRAD T. BLAIS, P. E. DAVID A. KING, P. E.

TELELPHONE:( 386) 761- 6810 FAX:( 386) 761- 3977

Quentin L. Hampton Associates, Inc. P Consulting Engineers

ANDREW M. GIANNINI, P. E

EMAIL: glha© glha. com

P. O. DRAWER 290247

KEVIN A. LEE, P. E.

PORT ORANGE, FLORIDA 32129- 0247

August 18, 2011

Robert Smith

Public Works Director/City Engineer City of Flagler Beach

r---.......„-;:-

105 Second Street Flagler Beach, FL 32136 CITY OF FLAGLER BEACH

POTABLE WATER PUMP STATION PUMP IMPROVEMENTS Dear Mr. Smith,

Enclosed is our proposed work assignment for the engineering services required for the design and for this

The project involves improvements to this facility including the addition of one additional high service pump with variable frequency drive and

permitting

phase

services

project.

related electrical improvements.

Please review the enclosure and if acceptable, execute both copies and return one to our office.

will

proceed

upon

receipt

the

executed

assignment.

Contact our office if you have any

questions.

Sincerely, QIJE T

MPTON ASSOCIATES, INC

7 David, dvlu A..iKing,

P. E.

Vice President DAK/ KAL:mt Enclosure - 2 copies of Work Assignment

cc: QLH file array

FB054 Proposal. doc

C: Vltl .\.

0. %,

P. E.

Project. Engineer

WORK ASSIGNMENT FOR

AGREEMENT FOR CONTINUING ENGINEERING CONSULTING SERVICES General.

This Work Assignment constitutes a supplemental agreement to the Agreement for

Continuing Engineering Consulting

Services between

the

City

Flagler Beach ( CITY)

Quentin L. Hampton Associates, Inc. ( QLH), dated April 10, 2003. subject to all conditions

Project Title:

listed

within

the

Agreement

and

This Work Assignment is

including Article 9, " Work Assignments".

POTABLE WATER PUMP STATION PUMP IMPROVEMENTS

Background

The CITY budgeted funds in FY2011 to install an additional pump and related City' s 1 MG potable water ground storage tank and pump station. The proposed additional pump is to provide additional capacity during the scheduled servicing of the CITY' S storage tank in FY2012 and is to be equipped with a variable frequency drive to reduce electricity items

the

Purpose

costs.

Work: The CITY desires to have QLH provide professional services for the design

and permitting phase services which are needed for this project.

Not To Exceed Maximum Fee: The total fee shall not exceed $ 6,800. 00 unless authorized by the City.

Description ofServices QLH shall provide the following services: Des

QLH shall provide design drawings and specification for the following items: New pump control panel, include variable frequency drives ( VFDs) Installation of one new additional pump Related piping and electrical work

Permitting:

QLH shall assist the CITY in applying for the following permits for this

project:

FDEP Water Facility Minor Modification The

scope

does

not

include

system

modeling

pump

sizing

analysis.

Sizing

determination by CITY to be relied upon.

The CITY/Contractor will be responsible for application for the building permit(s). Bidding Phase: Future/ separate

No services for this phase are included in this work assignment. work

assignment

include

scope

work

for

this

phase

needed/ requested.

Construction Phase: Future/ separate

work

needed/ requested.

FB054 Proposal. doc

No services for this phase are included in this work assignment. assignment

include

scope

work

for

this

phase

Basis ofFee: The proposed fee is based on the following: Design ( including Electrical Engineer Permit Fee Allowance

Printing

allowance of$

1, 900)

5, 950

750

Allowance

100

Estimated Total

6, 800

All fees to be billed on a lump sum basis except for " allowances" which will be billed at actual cost.

QLHProject Manager.

David A. King, P. E.

CITY Protect Mana

Robert Smith

Quentin L. Hampton Associates, Inc.

Consulting Engineers P. O. Box 290247 Port Orange

By: Title:_

WITNESSES: L/

Aja,f/A- G,} Leff

RECOMMENDED BY:

Bruce Campbell, City of Flagler Beach, Acting City Manager APPROVED AS TO FORMAT AND CORRECTNESS BY: Drew Smith,

City of Flagler Beach Attorney APPROVED,

this

day

2011

CITY OF FLAGLER BEACH by its BOARD OF CITY OF FLAGLER BEACH COMMISSIONERS

Penny Overstreet, City of Flagler Beach Clerk

Mayor

FB054 Proposal. doc

ut to for a. tea

set

T: WiI

rWl11 .!

CIA / er

City

Flagler Beach

aftb

AGENDA ITEM # 11

Item Summary and Recommendation SUBJECT:

EDTF Membership Appointments

BACKGROUND:

There are three seats that are recommended for renewal and two alternate

seats.

RECOMMENDATIONS:

For

your

consideration

for

renewal

of open

seats:

Citizen of

Flagler Beach, currently held by Andy Miklos; Representative from the Flagler Beach Historical Museum — Teri

Pruden;

Representative from the Real Estate

Community —

Mike Akialis

Although Mr. Akialis no longer works in the real estate community, he can maintain his seat as Flagler Beach. To date, we have no applications from any member of the real

a resident of

estate

community. ) Representative from the Hotel/ Restaurant

Brooks. and

Community— Carol

For your consideration for the two Alternate Seats:

Beanery.

Fisher of the

Joshua Neimark and Brenda

Mr. Neimark provides consulting services for a not for profit organization in Ormond filling out paper work to complete his LBTR with the City. As of this date, he

is currently

does hold

LBTR

with

the

City. Ms. Brooks is the owner of " This and That" located across

from the Post Office. ATTACHMENTS: Applications from Brenda Brooks and Joshua Neimark

SUBMITTED BY:

Kate Settle

Staff Comments:

City Manager:

K:\ 2011\ Commission\ Item

Summary\ 09222011\

EDTF

Membership. doc

CITY OF FLAGLER BEACH

ADVISORY BOARD AND COMMITTEE APPLICATION FORM Pleasefill outform completely) Name:

1,0 5-4 vA

Physical

address:

Mailing

address: /

Home Fax:

phone:

J( C/ ih M,-,

36'

Ave

Ape "%

Daytime

Ar,41-/

24/

phone:

of years of

City

you registered

77e,

` 5.-/- 7/ 2 9

in Flagler

o/)-7

Own:

County?

7L 32/ Yd'

e//

c`,a/

residence:

vote

47(

/ e2

3t«/

E- Mail: Jas 460, T°fine;

Occupation:

Are

r51- 7/ 71

3?‘-

N/,

Number

474,

S" /

44 /

71/-//

Date:

Rent:

Yes )(

Id9tify the board( s) or committee(s) to which you request appointment: Avc%pin

ret. Grn/,

s/ E" 4/Ce

Please describe your professional and/ or volunteer experience or background which best qualifies you for selection to the board(s) or commiitttee( s): I in

eft

4,1 x4. 40,

i;1

41X

eCC," k(-)/(

1 <!

Z,02,(.., 6/ L, OS //

e.//,

JilCSS- r

/ /

fie ( 1

I. RQ'#

AAjir / al

How many City Commission/ board meetings have you attended in the last 2 years?

Have you ever served on a City advisory board or committee in the past? Yes

No )(

If yes, please describe:

Nit"

ignature

Please

return

this

application

Flagler Beach, Florida 32136

to the

City

Clerk, P.O. Box 70, 105 S.

2nd

Street,

Lait'-. 7//

CITY OF FLAGLER BEACH

ADVISORY BOARD AND COMMITTEE APPLICATION FORM Pleasefill outform completely) pp

g,6ke,%-

Name: Physical

3/.7,

address:

phone:

S 3/-t cP . 57' tos

386 -1161-38/

Number Are

- Daytime

you registered

City

residence:

vote

in Flagler

cr,

147

3,H yr t County?

2P6 "

4435; 36 0

Aljo -

971

4/ C t

of years of

3a/?,

phone: ,

tS, 4,v,

E- Mail: ,

t,¢GA.

Fax:

Occupation:

Date:

i cokc

Mailing address: #. Ce l( time

(

Own:

Yes

oa,C dot s

AccdvM

Rent:

K-

Identify the board( s) or committeee( s) to which you request appointment: 71-

4NCJMiG

e4"

Please describe your professional and/ or volunteer experience or background which best

qualifies you

a©

for

2S //

selection

he board( s) zi

or committee( s): /

tie

SS'

94-

1, 0/ p. v/ r.

I 407" e

How many City Commission/ board meetings have you attended in the last 2 years?

Have you ever served on a City advisory board or committee in the past? Yes

If yes, please describe:

4utJ Signature

Please return this application to the City Clerk, P.O. Box 70, 105 S. 2" d Street, Flagler Beach, Florida 32136

tit

of Fla. sr@e o4

T; pil

City

rWl : Jiil1 ;.

Flagler Beach

AGENDA ITEM # 12

Item Summary and Recommendation SUBJECT: Approve Site Plan and Architectural Design of a proposed commercial business, "The Ocean Cantina"â&#x20AC;&#x201D; Nicholas Kimball, authorized representative Burrito Works, Inc.

BACKGROUND:

See attached summary review from Chad Lingenfelter, City Planner.

The Planning and Architectural Review Board heard this item at their September 13, 2011 meeting and recommended approval. RECOMMENDATIONS:

Planner recommends approval.

ATTACHMENTS: September 13, 2011 PARB Agenda Packet for item. SUBMITTED BY:

Penny Overstreet

Staff Comments:

City and

Manager:

consistent,

The proposed addition is consistent with our city's design guidelines The PAR Board will only recommend approval if the proposed plans are

LDR' s.

not

thus maintaining

a separation

know exactly the intended

approve

PAR

guidelines/ LDR' s â&#x20AC;&#x201D;

Board or

recommends

attempt

information before making

between " structure"

use, etc.,

due to -

blend "

final decision?

and possible " uses".

LBTR. The key question based on consistency with no

structure/ uses"

is do we design

by asking for additional

In other words, do we give the owner of the

building the keys to the car with or without the car?

K:\ 2011\ Commission\ Item

Summary\ 09222011\ Summary

12. doc

City of Flagler Beach

c y

To:

Don Deal, Chairperson, Planning and Architectural Review Board Planning and Architectural Review Board Members

FROM:

Chad T. Lingenfelter, AICP, PTP, City Planner

RE:

AA 11- 09- 13-

The Ocean Cantina Exterior Entertainment Complex

Architectural Approval DATE:

September 7, 2011

Applicant:

Nicholas Kimbal, authorized representative of Al A Burrito Works, Inc.

Property: Property

608 South Oceanshore Boulevard - 12- 12- 31- 4500- 00130-0090 Owner:

Al A Burrito Works, Inc., 2333 South Central Avenue, Flagler Beach,

Florida 32136 Future Land Use:

Zoning

Commercial

District:

GC( DA1 ACRCO),

General

Commercial

( Downtown

Al A

Core

Retail Corridor Overlay) Summary Pursuant

the

City of Flagler Beach Code of Ordinances, Appendix A, Land Development Regulations, Article VIII, Administration and Enforcement, the applicant is

requesting architectural approval of an addition to an existing commercial building. Analysis

The applicant' s application indicates that the proposed second story covered deck will be approximately 1, 500 square feet with an overall height of 26 feet. The applicant has provided exhibits that show the architectural treatment of the deck faรงade and roof.

The proposed second story covered deck will also provide a covered first floor seating area that will bring uses of the building to be closer to the sidewalk, enhancing the pedestrian experience.

Consistent with the Downtown Al A Retail Corridor section of

the

Guidelines,

Downtown

Design

the

this

building

addition

corner

lot

will "

the pedestrian street," " maximize the street the building," " be situated on a diagonal axis to establish architectural character and building frontage ingress/ egress," and " accommodate a line of vision for vehicular traffic from two streets." orientated

frontage

street

corner

and

Recommendation

Staff recommends Planning and Architectural Review Board recommend that the City Commission approve the architecture of the proposed second story covered deck for the subject property. Enclosures:

Planning

and

Boundary Survey, First Floor Plan, Second Floor Plan, and Elevations Zoning

Department

a- 13- I i

Dray-

nni.nuks

D. Application # AA 11- 09- 13

Architectural Approval/ Site Plan Review

Applicant: Nicolas Kimball ( Exterior Entertainment Complex for The Ocean Cantina) 608 S. A1A, Flagler Beach, FL 32136

Property Owner: A1A Burrito Works Applicant, Nicolas Kimball

1702 S. Central Avenue

was present. Responding to questions by Catherine Feind and Vice Chair Stocker, Mr. Kimball stated he did not know what color the exterior of the building would be and perhaps it would have a metal roof or thatch roof.

He had met with Trey Hatch, representative of DEP, about permitting and there were no

indications there

would

be any

problems.

It was not yet defined what kind of an

establishment the building would be, but, it may be a restaurant or a bar. There are plans for

a kitchen; however, he has plans to ask that the kitchen not be mandatory to serve alcohol.

He explained there would be entertainment and it could be outside or inside depending on weather. He went on to say the stage would be on the south side of the building facing the north.

City Planner Chad Lingenfelter stated Mr. Kimball did not have time to submit an

outdoor entertainment permit application for this agenda and would do that at a later date.

Vice Chair Stocker asked if there were anything for the board to consider regarding the fire pit. City Planner Chad Lingenfelter explained that would be handled by the building official and

Fire Marshal

the time

permitting. Vice Chair Stocker expressed to Mr. Kimball that

the board had to take the area neighborhoods into consideration and be as careful as possible.

MOTION by Lea Stokes to approve the Architectural Approval/Site Plan Review City Commission. MOTION seconded by Ted

Application # AA 11- 09- 13 and forward to the Johnson. MOTION passed unanimously.

Old Business: None

PARB Member Comments: Welcomed new City Planner Chad Lingenfelter

Adjournment: MOTION

by Catherine Feind

MOTION

carried

unanimously.

adjourn at

5: 50 p. m.

MOTION seconded by Dan Bayer!.

CITY OF FLAGLER BEACH Site Plan Application Fee Sheet Project Address: Applicant:

3 • Al 11

(P6

IV I CGI1 3

rY\

boa

ITEM

Phone:

G/ L CODE

Application Fee

7( Zo I I, .

Date:

FEE

001. 3200. 329102( 505)

Less than 10, 000 sq ft-$ 1000. 00 More than 10, 000 sq ft-$ 1, 000 + $ 3. 00 per

1, 000 sq ft over 10, 000 sq ft Multifamily w/ 20 or less dwelling units 1, 000

Multifamily w/ more than 20 dwelling units 1, 000 + $ 3. 00 per unit over 20 Each re- submittal-$ 150. 00

Zoning

Review

Public Works Review

55. 00

per

hour

001. 3200. 321107( 098)

$ 55.00

per

hour

001. 3200. 321108( 099)

Flagler Beach Fire

50. 00

QH Engineer Review ( estimated)

001. 3200. 321108(603)

110. 00 per hour

Mailing Charge

001. 3200. 321108( 604)

25. 00

One Check for General Account

TOTAL)

OOc ' CO

ALL FEES ARE NON REFUNDABLE!!! Please Note:

If during the review process, the initial deposit is not sufficient to

cover the ongoing review process, additional estimated calculated fees will be required

before

continuance •

Customer' s Signature:

ii (

rocess.

d`'',

Ail„_ .

Rec' d By:

Date Paid:

flECEIVE SEP - 7 2011 BY:______

Rev. 04- 06- 09

a.? 1

CC:

PARB Date:

DATE FILED:

SPR#:

SITE PLAN REVIEW APPLICATION PROJECT TITLE:

( a%

PROJECT ADDRESS:

Oc e ASS''/

OCe'.¢A.LAPee

Matti 4Soo --

BLOCK:

SUBDIVISION: / a-/ 2-

-( 0013x_ cbgC1 TAX ID NUMBER:

LOT( s):

ZONING DISTRICT:

Q- 10 fn7

OWNERS INFORMATION:

Ally

OWNERS NAME: ADDRESS: /

7o a PHONE NUMBER: •

E- MAIL:

----

—

SIGNATURE OF 0

Rirr! A 4aieS 1 AT, t

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4 i/ e FAX NUMBER:

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APPLICANTS INFORMATION: APPLICANTS NAME (IF OTHER THAN OWNER): ADDRESS: FAX NUMBER:

PHONE NUMBER: EMAI L: SIGNATURE OF APPLICANT: REPRESENTATIVE:

NAME: ADDRESS: FAX NUMBER:

PHONE NUMBER:

E- MAIL:

SIGNATURE OF REPRESENTATIVE:

-c c

A-

PROPERTY OWNER AUTHORIZATION

FOR USE WHEN APPLICANT IS NOT THE OWNER OF SUBJECT PROPERTY: Address: ( OO?

Property

OC.

f}n) A Fit

F1631-et

p3-

Parcel ID:

pe, blvd aZ1 3/0

500 - 001 3 - 00q0

This is to certify that I am the owner of the subject property described above and that

PRINT NAME)

authorize: (

L KKir') L aforesaid application for site plan review.

to make and file the

All C6/ AS T3

OWNER' S SIGNATURE: ps

PRINT OWNER' S NAME:

Sworn to 20

and subscribed

before

this

day

Personally known to me type) Notary Public: S My commission Lk

hair

NE p/

0'0 06, A.. D

)

828 62 .

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1stStateN.* .\

14, STATE ( ft

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expires:

'..

SITE PLAN REVIEW PROJECT DESCRIPTION

PRINT OR TYPE INFORMATION A.

Provide a de ailed description of the proposed project:

F/ Ao204_,

t/ L

lee- LLo-ritcz

iÂ˘,

Provide the lot size ( parcel) and square footage of all building( s): 90b

_ â&#x20AC;˘

Provide the size, height and proposed use of each building: R(/ x 74'

Provide a detailed description of the following: Exterior finish Roof

and color:

material and color:

Ta.,,A4/ u,

ill

14,

Indicate the project floor area ratio or lot coverage ( if applicable):

Provide the total number of:

Required on- site parking spaces: Proposed on- site parking spaces: Required

on- site

Handicapped parking

spaces:

Proposed on- site Handicapped Parking spaces: G.

Any off-site parking spaces proposed? If yes, describe number, location, and distance from proposed project location:

b4.L5

2 lob' AkvAt

Will

project

accomplished

and timeframe:

h(/ /

phases?

If Yes, describe phasing plans

,, // si

/ RA 4. 4 *

45iw

Describe the nature of any tree and native vegetation removal, if applicable:

VeIJL째 J.

If a Commercial use, describe the operational characteristics of the

development (proposed hours of operation, any unique characteristics of the proposed us p. es Ai Ali

Provide other pertinent information regarding the proposed development: 4 Z-

frot.A ria

Cj q N L

Site Plan Review Existing Conditions

Describe all previous uses or activities on the site:

ela,

Describe all existing structures on the site in terms of their use, construction type, height, density, and size:

Describe the project site as it presently exists before the project in terms of:

Site

topography:

ei,

r ont_r ek

t.)/

Plant life ( existing trees, vegetative cover): Aktute

Soil conditions: 5644041

novi^

Historic or cultural resources ( if applicable):

s1 P

a7-

cOo S p

Describe the land use and zoning of surrounding properties within 200 feet of project location: North:

South:

East:

West:

lTti

4®

M•

i};

Yom.

Selected Parcel(a)

WIN State Parka

County& Other Perks

i56

234

312 ft

Flagler County Property Appraiser Parcel: 12-12-31- 4500-00130-0090 Acres: 0.23 Sgft: 10006 Name.

A1A BURRITO WORKS INC

Site:

608 OCEANSHORE BLVD S

Sale:

447, 000

07- 2010 Vacant= N Qual= U

Land Value

Building [

Value:

Also Value:

250, 150 21, 431 5, 243

2333 S CENTRAL AVE

Just Value

276,824

FLAGLER BEACH, FL 32136

Assessed Value:

276,824

Mail Exempt,

Value:

Taxable Value:

0 276,824

The Flagler County Property Appraiser's Office makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. The assessment information is from the last certified taxroll. All data is subject to change before the next certified taxroll. PLEASE NOTE THAT THE PROPERTY APPRAISER MAPS ARE FOR ASSESSMENT PURPOSES ONLY NEITHER FLAGLER COUNTY NOR ITS EMPLOYEES ASSUME RESPONSIBILITY FOR ERRORS OR OMISSIONS— THIS IS NOT A SURVEY— Date printed: 09/08/ 11: 14: 43:40

3. Intracoastal Bank, it' s successors and/ or assigns 4. Chiumento and Guntharp, PA,

5. Flagler County Abstract Company 6. Commonwealth Land Title Insurance Company 7. Nicolas Kimball A- 1- A Burrito Works

NORTH

SCALE: 1%.

20'

SOUTH CENTRAL AVENUE 2'

F• D AT SW CORNER OF LOT

6, BLOCK 13

LOTS 6, 7, 8

LOT 3

BLOCK 73

12- 12- 31-

IMPROVED) PARCEL IDb

IMPROVED) PARCEL I

4170- 00000- 0000

12- 12- 31- 4500

RESIDENCE/ 112 7TH STREET SOUTH

0130- 0030

RESIDENCE/

109

8TH STREET SOUTH

4'- 6' TALL

WOOD FENCE o

N22' 36' 02' W

•

100. 00'( P)( tv? 1

I I

DusnG BUILDING

1 L

50. 00'( P)

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LOT a

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19. 00

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12. 10

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APPROXIMA' TE LOCATION COASTAL CONSTRUCTION COL UNE( MAP BOOK 28. PAGE 10)

27. 90

SE..ILV

9, t!.....

600

OCEANSHORE BLVD SOUTH

I I

8220 4 a°

27.9G

1- 1 STORY C. B. S. COMMERCIAL BUILDING I 608

RESIDENCE#

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P01-

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a•

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FLOOD ZONE 1 E'

BASE FLOOD ELEVATOR=

12.07

.'..$.°

p'. 2.0''

AREA .\ -

IR FND

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50. 00'( P)

FND -

50A0•( P)

S22' 36' 02" E 5'

CONC.

SIDEWALK

1 00. 00'( P)( M) 59. 00

SIDEWALK

CONC. DRIVE APRON

CONC. CURB R GUTTER

F1. 000 ZONE NEBAY 000005

TIW=

12.o')

I. F. 000 ZONE' YE'

I-

BASE F1000 E1LVA71oN-

I STATE ROAD A- 1- A

17.07

map

Ian i

TYPE OF SURVEY: BOUNDARY AND LOCATION

DESCRIPTION: LEGEND: o

IR& C

P N/ D 0/ 9

5/ 8'

Ion Rod A Rod A

5/ B'

911 PCP a CM

CM END

0/ 1. E/ P RAI

Cop Cop

not

found

Iran Pipe DYk

t NaB and DIM found Permanent Control Point 4' x4' Concrete Moronrnt at 4°x4' Gamete Monument found Faunal Center Edge of Po Pavement Right of Way o9

and

10,

RECORDED

MOODY

PLAT

ACCORDING

AGE24, OFTHE PUBUC RECORDSOFLGLER COUNTY, FLORIDA.

Delta Roan

13. 11.

Bench Mark

Length

TOP

Chad Bering Chard Dlotmu Pant of Covatoe Pent of Intersection

Top

TOE

Toe

C1 PC PI

0/ E P

Overhead Teeter

MSL C. M. P.

Mean Sea Led

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CAS. Concrete Black d Stucco R Oftefd Records Bank le Page 6.N. G.0.D. Na8mo Geodetic Datum N. AV.D. NOM, American Vertical 91001 Delon

00/ 00/ 00

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Cade

1i n

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Toter MotorMeter

Electric Meter

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NOTES 1. The entice mop mempmy' R this aroey k recorded in Map Beak 1, Page 24.

Conc. Concrete C/ 5 Concrete gab A/ C At CandI6on Pod LB Licensed Business LS Ucn• d Soneyor F.F. FIni- h Float ELevanan NR PP)) M)

Asa

2 No Inati ne Moan mane}

1 UMrgrand Improvements ad W0Sa not located

AS Bartow refer to plot dohm nod to the centerline of South 7th Sleet ore berg 967' 23•5611 N. n Flood boon( A' 58.( boa. Band dsveeor- l2.0 obit r.fra,o• to Moo Na 120. Effective Date My 17, 209. This kea8m Y based m mope prapaed by the Faisal Emergency Manag• nnl Agney, fkrd ranks and B=ed lane defrinkalbn art PM ear amiss

BB Dicta. O Mevared Bevsiaq A Diatmn Departrnent of

B. Daatpson prodded by din&

7. No earth for nanlbrng instruments an made by anew. Ertel: of dome mete r scuds 1: 7500 feel

9. CCM sham ue oppr crate location per map book 24 page XL BMd Wanes not performed.

Corded the

Flagler Beach, FL 32136 TYPE SURVEY: FIELD DATE OFFICE DATE

of of

NICOLAS KIMBALL

1702 South Central Avenue

00/ 00/ 00

o R L

PREPARED FOR:

Boundary

BOOKBOOK

TEPH EN S O N

WILCOX

A S S O C I AT E S

I N C. ,..

27720,

204 N. Railroad Street PO Box 186 Bunnell FL 32110 Phone: 386. 437. 2363 Larne

Fax: 386. 437. 0030$

Email: infb. awaagmail. com

CIVIL. ENGINEERS• LAND SURVEYORS• CONSULTANTS• PLANNERS NO.

10- 0701

BY:

JAP/ AC :

I hereby certify that the survey represented heron meets or exceeds the minimum standards established pursuant to Section 472. 027. Fbdda 5tatutee• and adopted in Chapter 5J- 17 Florida Administrative Code.

1 SHEET Jn r,

Form Board Foundation Final

DAN A. WILCOX Jr., PSM No. 5749, PE No_ 57633

DAVID T. WILCOX, PSM No. 5871 J

z W.'

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alai„:„..

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ELEVATIONS

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COMPLEX FOR

I I I I I I

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PAR BOARD SUBMITTAL

608 S.

OCEANSHORE BLVD.

FLAGLER BEACH, FLORIDA 32136

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City

Flagler Beach

AGENDA ITEM # 13

Item Summary and Recommendation SUBJECT:

Approve Annual Outdoor Entertainment Permits for Finn' s, Golden Lion

and Hurricane Patty' s. BACKGROUND: The Planning and Architectural Review September 13, 2011. The Board recommended approval

Board on heard the item on for all three establishments.

All three of these establishments have permanent stage areas where the outdoor entertainment occurs.

150. 00 ($ 25.00

All three establishments he remitted the annual permit fee of

increase in fee from Resolution 2011- 33).

RECOMMENDATIONS: ATTACHMENTS:

Approve the annual permits for all three establishments.

Applications,

excerpt

PARB

minutes

September 13, 2011,

PARB agenda packet for item and an email from Police Department regarding ordinance citations. SUBMITTED BY:

Penny Overstreet

Staff Comments:

City

Manager:

Accept the PAR Board recommendation to approve the annual permits

of all three ( 3) establishments.

K:\ 2011\ Commission\ Item

Summary\ 09222011\ Item # 13. doc

Penny Overstreet From:

Kate Settle

Sent: To: Subject:

Monday, September 12, 2011 11: 41 AM Penny Overstreet FW: Ordinance Citations

From: Maria Da Silva jmailto: MDaSilva@c) fbpd. orgl Sent: Monday, September 12, 2011 11: 38 AM To: Kate Settle Subject: Ordinance Citations

Good Morning Kate,

Sgt. Parrish&

I checked and the only Ordinance Citations we have for Hurricane Patty' s are two warning tickets.

Have a Nice Day!!!

Maria

Flagler Beach Police Dept.

City

of Flagler Beach

P. O. Box 70 â&#x20AC;˘ 105 South 2nd Street

Flagler Beach, Florida 32136 ORIV

Phone ( 386) 517- 2000 â&#x20AC;˘ Fax (386) 517- 2008

MEMO DATE:

09- 09- 2011

TO:

Planning & Architectural review Board Members

FROM:

Penny Overstreet, City Clerk

SUBJECT:

Outdoor Entertainment Licenses

As of noon today I have received renewal applications for Outdoor Entertainment Permit' s from Finn' s

and

The Golden Lion

and

Hurricane

Patty' s. The applications have

been reviewed and meet the guidelines of Chapter 4, Article IV Outdoor Entertainment of

the Flagler Beach Code

complaints

regarding

noise

Ordinances.

in this fiscal

year

To my knowledge there have been no regarding Finns

and

Golden Lion.

Letters

were mailed to owners and residents within 200 hundred feet of these establishments

notifying them of this meeting and the date the City Commission will make the final determination to issue entertainment at

permit.

10: 00 p. m.

Both

or moved

Finns and Golden Lion it inside

their

building.

have concluded the This was Hurricane

Patty' s initial year of having an outdoor entertainment permit. As of this date, we are checking with the Police Department to see if there have been any formal complaints issued to the

establishment.

FLAGLER BEACH PLANNING AND ARCHITECTURAL REVIEW BOARD MINUTES

SEPTEMBER 13, 2011 AT 5: 30 P. M.

CITY HALL COMMISSION CHAMBERS 1.

Call the meeting to order: Vice-Chairman Rosanne Stocker called the meeting to order at 5: 30 p. m.

Call the roll: Board Secretary Marlene Beams called the roll. Present: Vice Chair Rosanne Stocker, Catherine Feind, Ted Johnson, Lea Stokes and Dan Bayerl

Also in attendance: City Planner Chad Lingenfelter Absent: Chairman Don Deal and Stacy Zwenger 3.

Pledge of Allegiance: Dan Bayerl led the Pledge of Allegiance.

Approve the minutes of the Regular Meeting of July 5, 2011.

MOTION by Catherine Feind to approve the minutes of the Regular Meeting of July 5, 2011.

MOTION

seconded

Dan Bayerl.

MOTION carried unanimously.

New Business: A. Application # OE 11- 09- 01

Outdoor Entertainment Permit

1,<_____

Applicant: Darryl Mulvenna ( Finns Beachside Pub) 101 N. A1A, Flagler Beach, FL 32136

Property Owner: H. P. Rental Inc.

MOTION by Catherine Feind to approve the Outdoor Entertainment Permit City Commission. MOTION seconded by Ted

Application # OE 11- 09- 01 and forward to the Johnson. MOTION passed unanimously. B. Application # OE 11- 09- 02 Outdoor Entertainment Permit

Applicant: Tony Marlow (The Golden Lion) 500 N. A1A, Flagler Beach, FL 32136

Property Owner: TCC Marlow Enterprises Inc. MOTION by Lea Stokes to approve the Outdoor Entertainment Permit and forward to the City Commission. MOTION seconded by Ted Johnson. MOTION passed unanimously.

Application # OE 11- 09- 02

C. Application # OE 11- 09- 03

Outdoor Entertainment Permit

Applicant: Tammy Drake ( Hurricane Patty's) 820 Moody Lane, Flagler Beach, FL 32136 Property Owner: The U. S. 1 Corp. of Bunnell MOTION by Lea Stokes to approve the Outdoor Entertainment Permit City Commission. MOTION seconded by Ted

Application # OE 11- 09- 03 and forward to the Johnson. MOTION passed unanimously.

AG4,--

City r---,,, U

4 ,

of Flagler Beach

wb :

r.;-

P. O. Box 70 â&#x20AC;˘

105 South 2nd Street

Flagler Beach, Florida 32136 ORIpQ'

Phone ( 386) 517- 2000 â&#x20AC;˘ Fax ( 386) 517- 2008

August 31, 2011

J/,'

SW4-

5UrrOUnd. n/

oow'

fV) i() ZOO

e5fecsh

CIS

RE: Outdoor Entertainment Permit Application Review

Dear Sir or Madam:

This letter is to advise you a request' s from Finn' s located at 101 N. Oceanshore Blvd,

Flagler Beach, Florida 32136, Golden Lion, 500 N. Oceanshore Blvd. and Hurricane Patty' s, Moody Lane, Flagler Beach, Fl 32136 for an Annual Outdoor Entertainment Permit has been received by

the City. Per Ordinance 2010- 02 the office of the City Clerk is required to notify property owners in a two- hundred foot radius of the subject properties of the meeting dates and times the request will be reviewed by the Planning& Architectural Review Board and the date the City Commission will have final review. The request will be reviewed by the Planning& Architectural Review Board on September 13, 2011 meeting begins at 5: 30 p. m. The request will be before the City Commission for consideration on September 22, 2011 meeting begins at 5: 30 p. m. Please contact the Planning& Zoning Office at 386- 517- 2000 or the City Clerk' s Office at 386-517- 2000 ext. 235 or 236 if you wish to view the applications.

Sincerely,

u-LALA:biti-

LA-

Penny Overstreet City Clerk

cc:

Bruce Campbell, Acting City Manager Chad Lingenfelter, Planner

1013AV- 09-008- 1 wo

uolpn.0-sul, p alllnal. q zalinsuoo

tiane• amm

110

Holly

Ave

i.uawa6.tep ap sues

W096S® A2fAV} laege6 al zasili- n

Corp.

salad e sate sap.anb93

US 1 Hwy Corp of Bunnell

Current Resident

P. O. Box 280

120 Lehigh Avenue Flagler Beach, Florida 32136

Flagler Beach, Florida 32136

Eugene

Current Resident

Dominick Buccola

Holly

127 Lehigh Avenue

109 Lehigh Avenue

115 Lehigh Avenue

Flagler Beach, Florida 32136

Andrew Miklos

Finley Hall

108 Lehigh Avenue

P. O. Box 1276

116 Lehigh Avenue

Flagler Beach, Florida 32136

Gary Hugh Jones

Helena Jones Dale

Sheryl France

Dorothy

Harrington

3730 Jackson Trail Road

708 Moody Lane

Jefferson, Georgia 30549

Flagler Beach, Florida 32136

Current Resident

112 Lehigh Avenue

124 Lehigh Avenue

Flagler Beach, Florida 32136

2825

808

Hwy.

124 W

Moody

Lane

Flagler Beach, Florida 32136

Marlowe

Tony

Tammy 820

P. O. Box 2225

Darrell Mulvenna

Drake

Moody

101 N. A1A

Lane

Flagler Beach, Florida 32136

James Watson

LHP Scales

350 Cardinal Stret

P. O. Box 1207

Miami Springs, FL 33166

Flagler Beach, FL 32136

HT Gilbert Enterprises, Inc.

Wilma Meeks

4151 Old Portman Road

473 Palm Avenue

7970 E. Main Street

Anderson, SC 29626

Ormond Beach, FL 32174

Lexington, IN 47138

Lynn Koons

Richard Stevens

June

Allen

Cooley

Riley Jr.

89 S. Atlantic Avenue # 1602

600 N. Central Avenue

Austin, IN 47102

Ormond Beach, FL 32176

Flagler Beach, FL 32136

J. Ryan Realty, LLc

Kermit Bandt

6545 N.

Terry

65TH

326 E.

Road

4011 Mt. Diablo Blvd.

Street

wi096S0AURAV0

Street

Flagler Beach, FL 32136

Lafayette, CA 94549

New York, NY 10065

Jerry Gohtlieb 340 N. 11

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107 N.

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Phillip

Foley

6th

111

Street

McDaniel

6Th

Barbra Revels

Street

P. O. Box 434

Flagler Beach, Fl 32136

Flagler Beach, FL 32136

Jock Phelps Lorraine Ruhl

Harry

P. O. Box 992

205 N.

Godfors 5th

5430 Oak Bend Drive Street

Jacksonville, Fl 32136

Flagler Beach, FL 32136

Mark Owen

Edward Harveil

Margo Kiriakes

505 N. Central Avenue

P. O. Box 659

15 Janet Circle

Flagler Breach, FL 32136

Flagler Beach, FL 32136

Ormond Beach, FL 32136

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VETERANS PARK

State Parks

Es County&

PAl K

11 2010 Parcel Sales

2009 Parcel Sales

118

177

236 ft :

Flagler County Property Appraiser:; Parcel: 12- 12- 31- 4500- 00070- 0090 Acres: 0. 12 land Valuef

H P RENTAL INC

Name::

Ms;tir

Ir ..

101 OCEANSHORE BLVD N

Site:` Sale;

05- 1987 Vacant= N Qual= U

127, 442

Yiw.• W

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Building Value: -, Misc' Value, TV— fobs:; , Just Value`. :'=

138, 223 36, 481

NF::.

473 PALM AVENUE ORMOND BEACH, FL 32174

Assessed

Value:

isijaLIII, e•m., i'" u. l'.iic

1%_

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Exempt Value;" Taxable

Value-

L. IIdI"!

302, 146

Mai I.

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302, 146

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0 302, 146

The Flagler County Property Appraiser' s Office makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. The assessment information is from the last certified taxroll. All data is subject to change before the next certified taxroll. PLEASE NOTE THAT THE PROPERTY APPRAISER MAPS ARE FOR ASSESSMENT PURPOSES ONLY NEITHER FLAGLER COUNTY NOR ITS EMPLOYEES ASSUME RESPONSIBILITY FOR ERRORS OR OMISSIONS— THIS IS NOT A SURVEY-Date printed: 08/ 31/ 11: 13: 42: 16

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2011+

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2010 Parcel Sales

2009 Parcel Sales

340

170

7-:;-, 77, 7-,

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Selected Parcelts)

State Parks

619

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Name:; Site:

TCC MARLOW ENTERPRISES INC

Sale:,; $ 300, 000

02- 1998 Vacant=N Qual= Q

Land Value

Wise

Value- t

Just Value ' r-' -

P 0 BOX 2225 FLAGLER BEACH, FL 32136

iun• n.

Building Value:-'

500 OCEANSHORE BLVD N

Assessed Value

339, 950 221, 666 18, 028

Exempt Value:-' Taxable

Value

jA••;

p;!;!;;,

1+" :,!

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579, 644

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579, 644

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12- 12- 31- 4500- 00030- 0080 Acres: 0. 31

in••.. a...

579, 644

PLEASE NOTE THAT THE PROPERTY APPRAISER MAPS ARE FOR ASSESSMENT PURPOSES ONLY NEITHER FLAGLER COUNTY NOR ITS EMPLOYEES ASSUME RESPONSIBILITY FOR ERRORS OR OMISSIONS— THIS IS NOT A SURVEY— Date

printed:

08/ 31/ 11 :

13: 40:58

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ffilga County&

Other Parks

Parcel Sales

Q 2010 Parcel Sales I=

2009 Parcel Sales

340

170

yi.'".

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510

680

Parcel: 12- 12-31- 2425- 00850-0010 Acres: 1. 27 dame;

U S 1 HWY CORP OF BUNNELL THE

Site.:

820 MOODY LN

Sale:,. $ 1, 000, 000

11- 2002 Vacant- N Qual U

HOWARD SKLAR

Land

552, 000

Value `

Buildrng. Value•

196, 413

Misc Value::";

102, 199

Just Value:=

850, 612

t•

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PO BOX 280

Assessed Value^

850, 612 Nat•/.. 7

FLAGLER BEACH, FL 32136

Exempt

Value.::

Taxable Value:.,--

1-, - .+

0 850, 612

PLEASE NOTE THAT THE PROPERTY APPRAISER MAPS ARE FOR ASSESSMENT PURPOSES ONLY NEITHER FLAGLER COUNTY NOR ITS EMPLOYEES ASSUME RESPONSIBILITY FOR ERRORS OR OMISSIONS— THIS IS NOT A SURVEY-Date printed: 08/31/ 11:

13: 37: 58

044it

City

of Flagler Beach

P. O. Box 70 â&#x20AC;˘

105 South 2nd Street

Flagler Beach, Florida 32136

Phone ( 386) 517- 2000 â&#x20AC;˘ Fax (386) 517- 2008

August 31, 2011

Darryl Mulvenna

101 N. A1A

Flagler Beach, FL 32136

RE: Outdoor Entertainment Permit

Dear Darryl:

This letter is to advise you your request for an Annual Outdoor Entertainment Permit has been

placed

the September 13, 2011

Planning & Architectural Review Board Agenda for

consideration. The PARB Secretary will be mailing you an agenda. The item will be before the City Commission for consideration on September 22, 2011. Should you have any concerns or questions I can be reached at 386- 517- 2000 235, or via email at poverstreet @cityofflaglerbeach. com .

Penny Overstreet

City Clerk

CC:

Bruce Campbell, Acting City Manager Chad Lingenfelter, Planner

0,, fitGi 1.,

04111i,

i--

City

of Flagler Beach

P. O. Box 70 •

105 South 2nd Street

Flagler Beach, Florida 32136 ORIDQ'

Phone ( 386) 517- 2000.• Fax ( 386) 517- 2008

August 31, 2011

Tammy Drake 820 Moody Lane Flagler Beach, FL 32136

RE:

Outdoor Entertainment Permit

Dear Darryl:

This letter is to advise you your request for an Annual Outdoor Entertainment Permit has been

placed

the September 13,

2011

Planning & Architectural Review Board Agenda for

1—

t40....

Penny Overstreet

City Clerk

CC:

Bruce Campbell, Acting City Manager Chad Lingenfelter, Planner

AGQ--

City

of Flagler Beach

P. O. Box 70 â&#x20AC;˘

105 South 2nd Street

Flagler Beach, Florida 32136 ORTfl'

Phone ( 386) 517- 2000 â&#x20AC;˘ Fax (386) 517- 2008

August 31, 2011

Tony Marlow P. O. Box 2225 Flagler Beach, FL 32136

RE: Outdoor Entertainment Permit

Dear Tony:

This letter is to advise you your request for an Annual Outdoor Entertainment Permit has been

placed on

the September 13, 2011

Planning& Architectural Review Board ( PARB) agenda for

consideration. The PARB Secretary will be mailing you an agenda. The item will be before the City Commission for consideration on September 22, 2011.

Sincerely, J

Penny Overstreet

City Clerk

CC:

Bruce Campbell, Acting City Manager Chad Lingenfelter, Planner

OFFICE USE ONLY:

DATE REC' D

CI-

accurately and completely. Answer Do

all questions.

INITIALS:

APPLICATION FOR OUTDOOR ENTERTAINMENT

Please print or type all information. The application must be filled out

011 14_

I= J'0

FEE REC' D$

City of Flagler Beach

INSTRUCTIONS:

blank. If

not

leave

item does

not

item

k`:

apply,

write N/ A ( not applicable).

APPROVED

Incomplete

DISAPPROVED

applications

your request.

SENT PARB

the

All

l cSe x R

delay

may

statements made

application are subject

- •

l OR1DQ'

105 South 2nd Street, Post Office Box 70 Flagler Beach, Florida 32136 Phone( 386) 517- 2000 Fax( 386) 517- 2008

verification.

PERMIT ISSUED

Please type or print legibly t

Business Name:

Contact Person:

3L-

T7) 1. l,

3eL' -

State:

43ci

4-34i ' 8

E- Mail Address: What type

tiLL ( v'

FL-AC-4'1 !

Work Phone: Fax:

DArrt-- 4

IC)

Address:

City:

Required Infor ation Yin>

trap 4441,

I tv Nvy

4 '

32 13(

Zip: °

57c-) 3

Mobile Phone:

' (,

Hf.:U • Ct vtiL

applying for? (check

of permit are you

event

that

one)

( permit fee = $

Annual Permit Per

t- t--

Home Phone:

r1 i

occurs

fewer than 12 times

i$ c ' 11

a year

(permit

fee = $ 75. 00)

Please list dates and times for the events on the bottom of page 2) One

day

event on

Date

Start time Will

you utilize

temporary

permit am\ pm

fee = $50. 00)

End time

am\ pm

Yes

structures at your event?

If yes, attach a sketch of the site showing the location of these structure and see note below) Indicate number of each)

Stages Tents

Do any

the tents

Other

Fences

Scaffolding exceed

200

square

feet?

Yes

Note: Special Permits are required for tents exceeding 200 square feet Special Building permits are required for temporary structures 700 or more square feet in area and those that are four feet above grade.

PLEASE ATTACH A CURRENT COPY OF YOUR LIABILITY INSURANCE TO THIS APPLICATION.

By signing below I understand:

This is an application only and does not obligate the City in any fashion to issuing a permit or approve an event.

I have included my application fee and understand that my application will not be processed without the application fee.

In no case shall the City' s Noise Ordinance be violated.

The City Manager may reasonably limit the type and number of temporary structures and the duration of the activity including the hours and the number of days of the activity conducted.

The event(s) may not be held until a permit is received.

Signature Title

Applicant

11\ f

Date

_1 ` ( -

, r-

Affiliation

1. Date

Start time

am\ pm

End time

am\ pm

2. Date

Start time

am\ pm

End time

am\ pm

3. Date

Start time

am\ pm

End time

am\ pm

4. Date

Start time

am\ pm

End time

am\ pm

5. Date

Start time

am\ pm

End time

am\ pm

6. Date

Start time

am\ pm

End time

am\ pm

7. Date

Start time

am\ pm

End time

am\ pm

8. Date

Start time

am\ pm

End time

am\ pm

9. Date

Start time

am\ pm

End time

am\ pm

10. Date

Start time

am\ pm

End time

am\ pm

11. Date

Start time

am\ pm

End time

am\ pm

12. Date

Start time

am\ pm

End time

am\ pm

OFFICE USE ONLY:

DATE RECD

11- 9- U 15O.

FEE RECD$

The

print or

type

all

application must pp

APPLICATION

information.

be filled

AIN OUTDOOR ENTERTAINMENT

out

E GLF

completely. Answer all questions. Do not leave an item blank. If an item does not apply,

and

accurately

TO •

INITIALS:

City of Flagler Beach

INSTRUCTIONS: Please

F ft

write N/ A ( not applicable).

APPROVED

Incomplete DISAPPROVED

applications

your request.

SENT PARB

the

All

may

delay

FLp RID P'

statements made

application are subject

105 South 2nd Street, Post Office Box 70 Flagler Beach, Florida 32136

verification.

PERMIT ISSUED

Phone( 386) 517- 2000 Fax( 386) 517- 2008

Please type or print legibly

gt 64114, tuvi, qe__

Required Inform tion Business Name:

Moe, / os,, C

i D

Contact Person:

Ooic

Address:

f3 ,

cf 31

it)

Fax:

11 •

gG.,-

State:

Mobile Phone:

applying for? (check

event

that

32431

Zip:

1( 19i

1"1 Z

4---

- 1,

Home Phone:

of o

C VV.-L..--

one)

( permit fee = $150. 00)

Annual Permit Per

11/ 101/ 14.%)

c, i.J

permit are you

1/4

Itik A

36 t{

E- Mail Address:

What type

a r a- c-

tone 'Jc/ f,"-Work Phone:

1 r.

occurs

fewer than 12 times

a year

(permit

fee = $75. 00)

Please list dates and times for the events on the bottom of page 2) One

day

event on

Date

Start time Will

you utilize

temporary

permit

fee = $50. 00)

End time

amlpm

Yes

structures at your event?

If yes, attach a sketch of the site showing the location of these structure and see note below) Indicate number of each)

Stages Tents

Do any

the tents

Other

Fences

Scaffolding exceed

are required for tents for temporary structures 700 or m

Note: Special Permits

xce

required

e s

bo - . i

grade.

- et?

Yes

10 square feet. Special Building permits are et in area and those that are four feet above

PLEASE ATTACH A SITE PLAN REGARDING THE SET UP OF THE OUTDOOR ENTERTAINMENT. PLEASE ATTACH A CURRENT COPY OF YOUR LIABILITY INSURANCE TO THIS APPLICATION.

By signing below I understand: This is an application only and does not obligate the City in any fashion to issuing a permit or approve an event.

I have included my application fee and understand that my application will not be processed without the application fee.

In no case shall the City' s Noise Ordinance be violated. The City Manager may reasonably limit the type and number of temporary structures and the duration of the activity including the hours and the number of days of the activity conducted. The event( s) may not be h

Signature Title

d hantil a permit is received.

Applicant

II ate

r/t/ to

V-P

Applicant

Affiliation

1. Date

Start time

amlpm

End time

amlpm

2. Date

Start time

am\ pm

End time

amlpm

3. Date

Start time

am\ pm

End time

am\ pm

4. Date

Start time

amlpm

End time

amlpm

5. Date

Start time

am\ pm

End time

amlpm

6. Date

Start time

amlpm

End time

amlpm

7. Date

Start time

am\ pm

End time

am\ pm

8. Date

Start time

amlpm

End time

amlpm

9. Date

Start time

am\ pm

End time

am\ pm

10. Date

Start time

amlpm

End time

am\ pm

11. Date

Start time

am\ pm

End time

amlpm

12. Date

Start time

amlpm

End time

amlpm

OFFICE USE ONLY:

City of Flagler Beach

INSTRUCTIONS:

Please print p it

typ type

be filled

DATE RECD

The

FEE RECD$

accurately and completely. Answer all questions. Do not leave an item

INITIALS:

blank. If

application must

APPLICATION FOR

ll information. anormaon.

item does

not

OUTDOOR ENTERTAINMENT

out

0C=

apply,

write N/ A ( not applicable).

APPROVED

Incomplete applications may delay DISAPPROVED

All

your request.

SENT PARB

the

statements made

application are subject

460111)

105 South 2nd Street, Post Office Box 70

verification.

Flagler Beach, Florida 32136 Phone( 386) 517-2000 Fax( 386) 517-2008

PERMIT ISSUED

it1

Business Name:

Contact Person:

Address:

City:

Work Phone:

Fax:

What type

0..

0 o4

69' 3 ~

- 7/(

44p

7e0- ck

ro.

.t, Q.

State: .

c h

g r A. 3

that

?/ D F 1797 ct

90q

Mobile Phone:

F/0 5â&#x20AC;˘/4. - [

020

5 one)

( permit fee = $150. 00)

Annual Permit

event

3 Co

Zip:

Home Phone:

applying for? (check

of permit are you

Per

0.-

42.

Att.,, t,.

o. c-

E- Mail Address:

rte.

3 862

Please type or print legibly Re a Inform gn

occurs

fewer than 12 times

a year

(permit

fee = $75. 00)

Please list dates and times for the events on the bottom of page 2) One

day

event on

Date

Start time

permit

amlpm

fee = $50. 00)

End time

amlpm

Yes No temporary structures at your event? If yes, attach a sketch of the site showing the location of these structure and see note below)

Will

you utilize

Indicate number of each)

Stages Tents

Do any

the tents

Other

Fences

Scaffolding exceed

200

square

feet?

Yes

Note: Special Permits are required for tents exceeding 200 square feet. Special Building permits are

required for temporary structures 700 or more square feet in area and those that are four feet ab ve

RECEIVE

grade.

SEP BY:---

9 2011

PLEASE ATTACH A SITE PLAN REGARDING THE SET UP OF THE OUTDOOR ENTERTAINMENT. PLEASE ATTACH A CURRENT COPY OF YOUR LIABILITY INSURANCE TO THIS APPLICATION.

By signing below I understand:

This is an application only and does not obligate the City in any fashion to issuing a permit or approve an event.

I have included my application fee and understand that my application will not be processed without the application fee.

In no case shall the City' s Noise Ordinance be violated.

The City Manager may reasonably limit the type and number of temporary structures and the duration of the activity including the hours and the number of days of the activity conducted.

The event(s) may not be held until a permit is received.

Signature of Applicant Title

Applicant

Affiliation

44A

de.-

via..

Date

1 a

co,

1/4.

Y'.

ki41

â&#x20AC;˘ } - //

1. Date

Start time

am\ pm

End time

am\ pm

2. Date

Start time

amlpm

End time

amlpm

3. Date

Start

time

am\ pm

End time

amlpm

4. Date

Start time

am\ pm

End time

am\ pm

5. Date

Start time

am\ pm

End time

am\ pm

6. Date

Start time

amlpm

End time

amlpm

7. Date

Start time

amlpm

End time

am\ pm

8. Date

Start time

am\ pm

End time

amlpm

9. Date

Start time

am\ pm

End time

am\ pm

10. Date

Start time

am\ pm

End time

amlpm

11. Date

Start time

am\ pm

End time

am\ pm

12. Date

Start time

am\ pm

End time

am\ pm

08- 19-' 11 11: 40 FROM- Flagler

County BCC

3863134101

T- 064

P0001/ 0002 F- 196

City of Flagler Beach Agenda Application INDIVIDUAL' S NAME:

BUSINESS NAME:

ttss

rIa. 31 e r 6a„

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t; s s

140 tlwwoQ

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If Applicable)

STREET ADDRESS: If within City of Flagler Beach) MAILING ADDRESS: Please

provide

E• '-

1741

of ,

IS%

As•

City& Zip Code)

PHONE NUMBER:

376- 3

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SUBJECT MATTER TO BE DISCUSSED WITH THE COMMISSION:

This is the wording you would like on the agenda) A»

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BACKGROUND INFORMATION REGARDING THE SUBJECT:

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08- 19-' 11 11: 40 FROM- Flagler County BCC

City

3863134101

T- 064

P0002/ 0002 F- 196

of Flagler Beach

Agenda Application Continued

REQUESTED ACTION SOUGHT FROM THE COMMISSION: 1

1s'

b.'

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ATTACHMENTS:

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ot1

COwww

v. o.

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enR

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Please note the City Commission' s Rules of Procedures require all supporting documents to be provided at the time the agenda application is submitted.

Please refrain from handing out material at the Commission Meetings. The maximum time allowed for each request is 10 minutes.

to (

SIGNATURE OF APPLICANT

Aâ&#x20AC;&#x17E; ac.taJl

01nv'.

6-0Q"

1"-`

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Cao

titer

DATE

015

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City of Flagler Beach Agenda Application

IIATHL aww

INDIVIDUAL' S NAME:

BUSINESS NAME:

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To/

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If Applicable)

STREET ADDRESS:

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PHONE NUMBER:

968-

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WEST3027 LAii gum

MAILING ADDRESS: 7S

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SUBJECT MATTER TO BE DISCUSSED WITH THE COMMISSION:

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REQUESTED ACTION SOUGHT FROM THE COMMISSION: 75

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ATTACHMENTS:

Please note the City Commission' s Rules of Procedures require all supporting documents to be provided at the time the agenda application is submitted.

Please refrain from handing out material at the Commission Meetings. The maximum time allowed for each request is 10 minutes.

14,4LL

JJ 8 sEPr z oil

SIGNATURE

APPLICANT

DATE

Di()

n 1n_ City of Flagler Beach Agenda Application l

INDIVIDUAL' S NAME:

BUSINESS NAME:

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4 To.:+

If Applicable)

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STREET ADDRESS:

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If within City of Flagler Beach) MAILING ADDRESS: Bap { Please

provide

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3 a 13 to

City & Zip Code)

PHONE NUMBER:

381.o

t4 3

48 a 3

SUBJECT MATTER TO BE DISCUSSED WITH THE COMMISSION:

This is the wording you would like on the agenda)

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(170

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Pro

BACKGROUND INFORMATION REGARDING THE SUBJECT:

OVER)

ECEIVE SEP 13 2011 BY:

nay

City of Flagler Beach Agenda Application Continued

REQUESTED ACTION SOUGHT FROM THE COMMISSION:

A??

to0

5t-a-

. g

J o

r',of o

cko, roks

ATTACHMENTS:

Please note the City Commission' s Rules of Procedures require all supporting documents to be provided at the time the agenda application is submitted.

Please refrain from handing out material at the Commission Meetings. The maximum time allowed for each request is 10 minutes.

SIGNATUR

I F APPLICANT

DATE

ARTICLE IL - DOGS IN PUBLIC FOOD ESTABLISHMENTS

Page 1 of 3

Manatee

County, Florida, Code of Ordinances >> PART II - MANATEE COUNTY CODE OF ORDINANCES >> Chapter 2- 4 - ANIMALS >> ARTICLE II. - DOGS IN PUBLIC FOOD ESTABLISHMENTS >>

IARTICLE II. -

DOGS IN PUBLIC FOOD ESTABLISHMENTS

[ 52]

Sec. 2-4-32.- Purpose.

Sec. 2-4- 33. Application requirements. Sec. 2- 4- 34.- Regulations. Sec. 2- 4- 35.- Expiration and revocation. Sec. 2- 4- 36.

Complaints and reporting.

Sec. 2- 4- 37. - Area of applicability.

Sec. 2- 4- 32. - Purpose. 1)

The Dixie Cup Clary Local Control Act, Florida Statute 509.233 grants the county the authority to

provide exemptions from section 6-501. 115, 2001 FDA Food Code, as adopted and incorporated by the Division of Hotels and Restaurants(" Division") in Chapter 61C-4.010(6), Florida Administrative Code 2006). The purpose of this section is to allow dogs in public food service establishments in a manner

consistent with the three-year pilot program approved by state statute. The procedure adopted pursuant to this section provides an exemption, for those public food service establishments which have applied

for and received a permit, to those sections of the Food and Drug Administration Food Code that prohibit live animals in public food service establishments. 2)

No dog shall be in a public food service establishment unless allowed by state law and the public food service establishment has received and maintains an unexpired and valid permit pursuant to this

section allowing dogs in designated outdoor areas of the establishment. 3)

As used in this section," public food service establishments" shall mean eating and drinking establishments, restaurants, and sidewalk cafes as defined by the County Code." Employee" or employees" shall include, but is not limited to, the owner or owners of the public food service establishment.

Ord No 07- 49 ยง

4- 24- 07)

Sec. 2- 4- 33. - Application requirements.

Public food service establishments must apply for and receive a permit from the county before patrons' dogs are allowed on the premises. The county shall establish a reasonable fee to cover the cost of processing the initial application and renewals. The application for a permit shall require such information from the

applicant as is deemed reasonably necessary to enforce the provisions of this section, but shall require, at a minimum, the following information: 1)

Name, location, mailing address and division issued license number of the public food service establishment.

Name, mailing address, and telephone contact information of the permit applicant. This name, mailing address, and telephone contact information of the owner of the public food service establishment shall be provided if the owner is not the permit applicant.

A diagram and description of the outdoor area which is requested to be designated as available

to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the

designated outdoor area; the boundaries of the designated area and of the other outdoor dining areas not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways; and such other information as is deemed necessary by the county. 4)

The diagram shall be accurate and to scale but need not be prepared by a licensed design professional. A copy of the approved diagram shall be attached to the permit.

A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area.

Ord No

07- 49 ยง

4- 24- 07)

Sec. 24-34. - Regulations.

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ARTICLE II. - DOGS IN PUBLIC FOOD ESTABLISHMENTS

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Public food service establishments that receive a permit for a designated outdoor area pursuant to this section shall require that: 1)

Employees shall wash their hands promptly after touching, petting, or otherwise handling any dog s) and shall wash their hands before entering other parts of the public food service establishment from the designated outdoor area.

2) 3)

Employees are prohibited from touching, petting or otherwise handling any dog while serving or carrying food or beverages or while handling or carrying tableware. Patrons in a designated outdoor area shall be advised by appropriate signage, at conspicuous locations, that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area.

Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control.

Employees and patrons shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved with food service operations. Employees and patrons shall not allow any part of a dog to be on chairs, tables, or other

furnishings. Dogs must remain on the floor/ground level and shall not be permitted in the lap of the patron.

Employees shall clean and sanitize all table and chair surfaces with an approved product

between seating of patrons. 8) 9)

Employees shall remove all dropped food and spilled drink from the floor or ground as soon as

possible but in no event less frequently than between seating of patrons at the nearest table. Employees and patrons shall remove all dog waste immediately and the floor or ground shall be immediately cleaned and sanitized with an approved product. Employees shall keep a kit with the appropriate materials for this purpose near the designated outdoor area.

10)

Employees and patrons shall not permit dogs to be in, or to travel through, indoor or nondesignated outdoor portions of the public food service establishment.

11)

A sign or signs notifying the public that the designated outdoor area is available for the use of patrons and patrons' dogs shall be posted in a conspicuous manner that places the public on notice.

12) 13) 14)

A sign or signs informing patrons of these laws shall be posted on premises in a conspicuous manner and place as determined by the county. A sign or signs informing employees of these laws shall be posted on the premises in a conspicuous manner and place as determined by the county. Ingress and egress to the designated outdoor area shall not require entrance into or passage

through any indoor area or nondesignated outdoor portions of the public food service establishment.

15)

The public food service establishment and designated outdoor area shall comply with all permit conditions and the approved diagram.

16)

17) 18)

Employees and patrons shall not allow any dog to be in the designated outdoor areas of the public food service establishment if the public food service establishment is in violation of any of the requirements of this section, or if they do not possess a valid permit. Permits shall be conspicuously displayed in the designated outdoor area. It shall be unlawful to fail to comply with any of the requirements of this section. Each instance of a dog on the premises of a public food service establishment without a permit is a separate violation. Each violation of any of the requirements of this section is considered a separate violation.

19)

All dogs shall wear a current license tag or rabies tag and the patron shall have a current license certificate or rabies certificate immediately available upon request.

Ord No 07- 49. ยง 1

4- 24- 07)

Sec. 2- 4- 35. - Expiration and revocation. 1)

A permit issued pursuant to this section shall expire automatically upon the sale of the public food service establishment and cannot be transferred to a subsequent owner. The subsequent owner may apply for a permit pursuant to this section if the subsequent owner wishes to continue to allow patrons' dogs in a designated outdoor area of the public food service establishment.

Permits shall expire on July 1, 2009, and must be renewed if Fla. Stat. 509.233 is reviewed and saved from repeal through reenactment by the Legislature. A permit may be revoked by the county if, after notice and reasonable time in which the grounds for revocation may be corrected, the public food service establishment fails to comply with any condition of approval, fails to comply with the approved diagram, fails to maintain any required state or local license,

or is found to be in violation of any provision of this section. If the ground for revocation is a failure to

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ARTICLE II. - DOGS IN PUBLIC FOOD ESTABLISHMENTS

Page 3 of 3

maintain any required state or local license, the revocation may take effect immediately upon giving notice of revocation to the permit holder. 4)

If a public food service establishment's permit is revoked, no new permit may be approved for the establishment until the expiration of 90 days following the date of revocation, providing that all issues continued within the revocation have been satisfied. This includes any outstanding fines.

Ord. No 07- 49 §

Sec. 24-36. -

Complaints and reporting.

4- 24- 07)

Complaints may be made in writing to the animal services division who shall accept, document, and respond to all complaints and shall timely report to the division all complaints and the response to such complaints.

The county shall provide the division with a copy of all approved applications and permits issued. All applications, permits, and other related materials shall contain the dvision-issued license number for the public food service establishment.

The patron or the designated person in charge of the public food service establishment, or both, may be

issued civil citations for each violation of this ordinance. 5)

This section shall sunset on July 1, 2009, and be of no further force or effect, unless the board of county commissioners readopts this section by ordinance. Any permit issued pursuant to this section shall expire on July 1, 2009, unless the permit has sooner expired or been revoked.

Ord No 07- 49 §

1 4- 24- 07)

Sec. 2- 4- 37. -

Area of applicability.

This ordinance shall be applicable to and embrace the unincorporated area of Manatee County only. Ord No 07- 49 §

4- 24- 05)

FOOTNOTE( S):

Editor' s

note—

Section 4

Ord No

07- 49

adopted

April 24. 2007.

repealed

Ord No

07- 36

from

which

Art 11. §§

2- 4-

32- 2- 4- 36. formerly derived Section 1 enacted srmilar provisions to read as herein set out ( Back) 52)

Cross

reference—

Fees for

application

for

exemption and renewal

thereof § 3- 6- 6 ( Back)

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at Fla ler. 9

T; Liil r Wf l_ rU,...-. dill!!! i!; 91

F'a

City

Flagler Beach

AGENDA ITEM # 16

Item Summary and Recommendation SUBJECT:

Consider request to apply sewer credit towards Sewer Impact and â&#x20AC;&#x201D; John Hockenberry.

Connection Fee' s BACKGROUND:

The applicant, who resides at 1613 N. Daytona Avenue, has remitted

sewer payments since was not connected

June 1992.

to the

City' s

Neither Mr. Hockenberry nor the City was aware he The T & D Department performed a

sewer system.

video inspection and determined he did not have a lateral connection to the City main. The

City

has

record

utility

for installation

assessment

payments

the

sewer

including line

were

sewer

been

paid

from

2002.

The

in full in 1993.

Mr.

dating

Hockenberry wishes to connect to the City system, and to have the credit due him applied

to the

connection and

impact fees.

As you may recall, in April we heard from

Ms. Calcerano with the same issue, the Commission approved her request by applying the credit towards the connection and impact fees and issuing her a check for the remainder. ( Motion by Commissioner Mealy, seconded by Commissioner Shupe, that the credit due to Catherine Calcerano in the

we approve

include the

application

the $ 3, 343. 50 to the

carried

unanimously.) As

receipt

from 1992 showing he was charged to submit at the printing of the

the September

2, 412. 70 and fees. The motion

amount of $

sewer connection

16th

the Utility Billing Clerk she has records back to December 2001 showing his remittance of sewer fees the amount totals 2, 815. 45. Public Works Director Smith indicated Mr. Hockenberry showed him a of

receipt( s)

sewer.

agenda

The Clerk' s office did not have the packet. The current impact and

fee schedule is attached, please note the impact fees will increase/ decrease effective October 1, 2011 ( There shall be an annual adjustment of rates as set forth in Ordinance No. 2000- 08 [ 2000- 28], such adjustment shall be

connection

calculated by using the annual indexing factor based on the Engineering News Record ENR) Construction Cost Index. The resulting fee will become effective each October 1, starting October 1, 2002, and will be valid for the new fiscal year.) ATTACHMENTS: current impact and connection fee information sheet. SUBMITTED BY: Summary submitted by City Clerk

Staff Comments: City Manager: Recommend Commission approval.

Finance Director:

In the past the city has refunded a customer the past three

years of charges, which is what the amount of time that the state statute requires us

billing records. When a customer pays the bill they charges they have incurred. A three year refund would

maintain

are agreeing to the total $ 1, 132. 26

utility

K:\ 2011\ Commission\ Item

Summary\ 09222011\ Summary

16. doc

lr sr

City of Flagler Beach

A: f

Building

ti P '

4#=

Z'-10

Department Zoning D p PO Box 701116 South 3rd

Flagler Beach, Florida 32136 Phone( 386) 517-2000 Fax( 386) 517-2016 www.cityo$ laglerbeach.com

Effective 10- 01- 10 IMPACT FEE INFORMATION

Commercial water/sewer impact fees are calculated per City of Flagler Beach Land Development Regulations Sec. 5.03.88

County Impact Fees

County Transportation Impact Fee( TIF) County Recreation Impact Fee( Parks) County Education Facilities Impact Fee

1, 438. 10 268.45

1600,00 53.06.55.

City Impact Fees fo Residential Construction Water impact Fee Water Connection Fee** Water Meter Deposit Fee

1, 940. 19

570. 00 35. 00

Water Meter Maintenance Fee

15. 00 2560. 19

Sewer Impact Fee Sewer Connection Fee** Sewer Inspection Fee

Totals: Standard'/."

meter=$

1, 940. 19 1"

665. 00 1"= 45. 00 15. 00 $ 2665. 19

1, 940. 19 850.00 1%"= 75. 00 15.00 $ 2880. 19

1'/

2"=

2,383. 50 950. 00 10.00 3, 343. 50

11, 210. 24

meter=$

11, 315.24

1 1/ 2"

meter=$

11, 530.24

For property in Rio Mar, Pebble Beach, Custers Palm Harbor Subdivision and Palma Vista Subdivision only

12th

Street, Water Connection=$ 265.00.

In the above listed subdivisions or portions of subdivisions- no Sewer Connection fees will be assessed.

For property in Cedar Island Subdivision, no Water or Sewer Connection fees will be assessed.

ALL FEES ARE TO BE PAID WHEN THE PERMIT IS PICKED UP Note: Impact fees

change on an annual

basis

Revised: 10- 01- 10

of fla ler G

City

Flagler Beach

wee

AGENDA ITEM # 18

Item Summary and Recommendation SUBJECT:

Resolution 2011- 43 amending the rate schedule for water and

sewer rates as stated in Ordinance 2008- 01 Sec.5. 03.39 Rate Schedules and Sec.5. 03. 56 Rate Schedules BACKGROUND:

Ordinance 2008- 01 provides for water and sewer rate

increases based on the percentage change in the Gross Domestic Product Implicit Price Deflator as adopted by the Florida Public Service Commission.

This information analysis effective

can

be found

at www.psc. state. fl.us .

1. 118% increase over 2010- 11 figures. each Oct 1. If approved, the rates will be in a

The result of their

The resulting fees become place for the November

billing cycle. RECOMMENDATIONS:

Approve the attached Resolution

ATTACHMENTS: Resolution 2011- 43, Exhibit A to Resolution SUBMITTED BY: Kathleen Doyle, Finance Director DATE:

09/ 10/ 11

Staff Comments:

City

Manager: Our City completed a the Florida Rural Water Association.

rate study in 2007 by Thomas Gustafson of As a part of that rate study the

recommendations were:

Water rates should be increased yearly based on the Consumer Price

Rates should be examined every year for changes in debt services or

Index (CPI) as set by the Public Service Commission annually.

operational procedures.

The Acting City Manager has made contact with Mr. Gustafson to arrange this yearly study in was adopted

preparation of the 2012/ 2013 FY. In addition, a similar resolution in 2009 requiring an annual adjustment using this method.

RESOLUTION 2011- 43

A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF FLAGLER BEACH, AMENDING THE RATE SCHEDULES FOR WATER AND SEWER SERVICES

INCREASE

THE

WATER

RATES

1. 18%,

PER

ORDINANCE 2008-01; PROVIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE HEREOF.

WHEREAS, Section 5. 03. 39 and 5. 03. 56 of the Land Development Regulations require the rate schedules for Water and Sewer Services be adopted by resolution.

WHEREAS, Ordinance 2008-01, requires an annual adjustment of water and sewer rates according to the Gross Domestic Product Implicit Price Deflator as published by the Public Service Commission.

WHEREAS, the City of Flagler Beach shall be tasked to perform an independent survey by a representative of the Florida Rural Water Association of the actual data pertaining to the costs of running the new water treatment plant and rates may be adjusted again accordingly. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF FLAGLER BEACH, AS FOLLOWS:

SECTION 1. That the rates to be paid for Water and Sewer Services shall be in accordance with Exhibit A, attached hereto and made a part hereof. SECTION 2.

All Resolutions or parts thereof in conflict herewith be and the same are hereby

repealed.

PASSED AND ADOPTED THIS

DAY OF

2011.

CITY OF FLAGLER BEACH, FLORIDA CITY COMMISSION ATTEST:

Alice M. Baker, Mayor

Penny Overstreet, City Clerk

Exhibit " A" to Resolution 2011- 43

Rate

schedules

for

water as required

by Appendix " A" Land Development

Regulations, Section 5. 03.39 shall be as follows:

SCHEDULE Wl. Meter Size

Charge Inside

inches) 5/

CONNECTION CHARGES

Limits

City Charge

when

Installed

Developer-

Charge Outside City

Tap/ Connection*

Limits

515. 00

330. 00

772. 50

570. 00

385. 00

855. 00

665. 00

420. 00

997.50

1 1/2

850. 00

To be determined

time

1, 885. 00

To be determined

4, 375. 00

To be determined

time

7, 820. 00

To be determined

time

11, 975. 00

To be determined

17, 915. 00

To be determined at time of connection

connection

To be determined at time of connection

connection

To be determined at time of connection

connection

To be determined at time of connection

connection

To be determined at time of connection

connection

To be determined

at time of

To be determined at time of connection

connection

For property in Rio Mar, Pebble Beach, Custers Palm Harbor Subdivision and Palma Vista Subdivision only

12th

Street, Water Connection=$ 265. 00, as per development agreement.

For property in Cedar Island Subdivision there are no water connection charges.

SCHEDULE W2.

METER DEPOSITS

Meter Size( inches) 5/ 8x 3/ 4

Owner' s Deposit

35. 00

Tenant's Deposit 150. 00

35. 00

200.00

45. 00

200. 00

1 1/2

75. 00

200.00

125. 00

200. 00

325. 00

200. 00

425. 00

200. 00

460. 00

200. 00

510. 00

200. 00

Page 1

Exhibit " A" to Resolution 2011- 43

SCHEDULE W3.

MONTHLY CHARGES FOR WATER--RESIDENTIAL GALLONS USED

Charges Inside

City

Limits

Current Charge

Rate

Water Base

Charges Outside the City Limits Current

Proposed Rate

Rate

Proposed Rate

11. 63

11. 77

17. 45

Gallons 0- 2000

4. 27

4.32

6.40

6.48

2001- 8000

6. 65

6. 73

9. 97

10.09

8001- up

8. 04

8. 13

12. 06

12. 20

17.66

Note: Rates are per 1000 gallons with first rate increase at 2001 gallons, second rate increase at 8001 gallons

In circumstances whereby one water meter serves both residential and commercial activities, that meter shall be charged at the COMMERCIAL rate detailed below.

SCHEDULE W4.

MONTHLY CHARGES FOR WATER--COMMERCIAL WITH VALID LOCAL BUSINESS TAX RECEIPT

Charges Inside Charge

with

LBTR

Water Base

Current Rate

City Limits

Proposed Rate

Charges Outside the City Limits Current Rate

Proposed Rate

11. 63

11. 77

17. 45

17.66

8. 52

8.62

12. 80

12. 95

Plus Flow Charge per 1000 Gallons

A base unit is defined as a distinct assigned space whose primary function is to provide income to the business owner. In motels, hotels, and/ or bed and breakfast facilities, each room designed

to be available for rent and/or the business office associated with that activity is considered a base unit. SCHEDULE W5.

RESERVED

SCHEDULE W6.

RESERVED

Page 2

Exhibit " A" to Resolution 2011- 43

SCHEDULE W7.

MONTHLY PRIVATE FIRE PROTECTION( FIRE SPRINKLER SYSTEM) CHARGE PER CONNECTION TO CITY SYSTEM Fire Line Size

Rate

inches)

SCHEDULE W8. Account

4..

42. 00

6..

84.00

135. 00

10....

194. 00

12....

363. 00

CHARGES AND FEES

maintenance

fee....

15. 00

Service turn- on....

25. 00

Service turnoff.... Service turn- on before 7

25. 00 a.m. or after

4 p. m. M-F

or on

Sat. $ 35. 00

or Sun. Remove

25. 00

meter....

Reconnect

100. 00

charge.... 3/

Meter

exchange ( customer request)

Meter

exchange( customer request)

Meter

exchange ( customer request)

Larger than 1"

Return

check

Clearing

150. 00

185. 00 40. 00+ Cost of meter

fee....

in accordance with F.S. S. 25. 00

around water meters

Meter Re- Read Service Charge

SCHEDULE W9.

INTEREST

Compounded monthly.... SCHEDULE W10.

10. 00

1. 5%

per month

DELINQUENT BILLS AND PENALTIES

These fees are a part of a consolidated statement for utility customers which is generally paid by a single payment. If a partial payment is received, the payment shall be applied pro rata to each

account billed on the consolidated statement in the proportion that an individual account bears to the total consolidated statement of all current charges for all accounts. Section 5. 03. 35 of the

Land Development Regulations shall apply to all charges on this rate schedule.

Page 3

Exhibit " A" to Resolution 2011- 43

Rate

schedules

for

sewer as required

by Appendix

" A" Land Development

Regulations, Section 5.03. 56 shall be as follows: SCHEDULE Si. System Type

CONNECTION CHARGES Charge Inside

Charge

City

Limits

Charge Outside City

when

Developer- Installed

Limits

Tap/ Connection* Gravity

950. 00

Low Pressure

950. 00

Low Pressure

950. 00

1425. 00

950. 00

1425. 00

N/A

1625. 00

Lambert Avenue For property in Cedar Island

and

Palma Vista Subdivision only

12th

Street, there is no

sewer connection fee. SCHEDULE S2.

MONTHLY CHARGES FOR SEWER--RESIDENTIAL Charges Inside

System Type

City

Limits

Charges Outside the City Limits

Current Rate

Proposed Rate

Current Rate

Proposed Rate

5. 75

5.82

8. 63

8. 73

5. 66

5. 73

8. 49

8. 59

5. 75

5. 82

8. 63

8. 73

5. 66

5.73

8. 49

8.59

9. 65

9. 76

14. 48

14.65

8. 49

8. 59

12. 73

12. 88

Single Meter

Sewer Base Plus Flow Charge per 1000 Gallons

Multiple Users on

Single Meter Sewer Base

Plus Flow Charge per 1000 Gallons

Low Pressure Sewer Base

Plus Flow Charge per 1000 Gallons

In circumstances whereby one water meter serves both residential and commercial activities, that meter shall be charged at the COMMERCIAL rate detailed below.

Utility Agreements for Cedar Island and Stonebridge Subdivisions require maintenance by home owners. Charges will be single meter rate.

Page 4

Exhibit " A" to Resolution 2011- 43

SCHEDULE S3.

MONTHLY CHARGES FOR SEWER-

Meter Size( Inches)

Current Rate

COMMERCIAL

Proposed Rate

5/ 8" Sewer Base

14. 02

14. 19

5. 66

5. 73

14. 02

14. 19

5. 66

5.73

20. 30

20. 54

5. 66

5. 73

39. 86

40.33

5. 66

5. 73

71. 96

72. 81

5. 66

5. 73

200. 38

202. 74

5. 66

5. 73

264. 60

267.72

5. 66

5. 73

286.94

290.33

5. 66

5. 73

319. 04

322.80

5. 66

5.73

Plus Flow Charge per 1000 Gallons

3/ 4" Sewer Base Plus Flow Charge per 1000 Gallons

1" Sewer Base

Plus Flow Charge per 1000 Gallons

1 1/ 2" Sewer Base

Plus Flow Charge per 1000 Gallons

2" Sewer Base

Plus Flow Charge per 1000 Gallons

3" Sewer Base

Plus Flow Charge per 1000 Gallons

4" Sewer Base

Plus Flow Charge per 1000 Gallons

6" Sewer Base Plus Flow Charge per 1000 Gallons

8" Sewer Base

Plus Flow Charge per 1000 Gallons

The minimum monthly charge detailed immediately above applies to each water meter connection.

Page 5

Exhibit " A" to Resolution 2011- 43

SCHEDULE S4.

INTEREST

Compounded monthly.... SCHEDULE S5.

1. 5%

per month

DELINQUENT BILLS AND PENALTIES

These fees are a part of a consolidated statement for utility customers which is generally paid by a single payment. If a partial payment is received, the payment shall be applied pro rata to each account billed on the consolidated statement in the proportion that an individual account bears to the total consolidated statement of all current charges for all accounts. Sections 5. 03. 35 and

5. 03. 64 of the Land Development Regulations shall apply to all charges on this rate schedule.

Page 6

et Flaâ&#x20AC;˘ ler

WJ '.

iill

ier sec.=

City

Flagler Beach

AGENDA ITEM # 19

Item Summary and Recommendation SUBJECT:

Resolution 2011- 44, amending the fee schedule for Solid Waste

Collection as stated in Ordinance 2008- 3 Chapter 11, Section 11- 13 and Chapter 11, Section 11- 15 BACKGROUND: Ordinance 2008- 03 provides for solid waste collection fees to

be adjusted annually based on the percentage change in the Gross Domestic Product Implicit Price Deflator as adopted by the Florida Public Service Commission. This information can be found at www.psc.state.fl. us . The result their analysis is a 1. 18% increase over 2010- 11 figures. The resulting fee becomes effective each Oct 1. If approved, the rates will be in place for the of

November billing cycle. RECOMMENDATIONS:

Approve the attached Resolution

ATTACHMENTS: Resolution 2009-44, Exhibit A to Resolution 2009- 44 SUBMITTED BY: Kathleen Doyle, Finance Director DATE:

10/ 12/ 09

Staff Comments::

City

Manager:

In 2009 a resolution was passed by the City Commission that requires an annual adjustment for the solid waste collection fees according to this method.

RESOLUTION 2011- 44

A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF FLAGLER BEACH,

AMENDING THE FEE SCHEDULES FOR SOLID WASTE

COLLECTION

AND

INCREASE

THE

RATES

1. 18%,

PER

ORDINANCE 2008- 03, PROVIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE HEREOF.

WHEREAS, Chapter 11, Section 11- 13 requires the fees for solid waste collection be adopted by resolution of the City Commission.

WHEREAS, Chapter 11, Section 11- 15 requires an annual adjustment of solid waste collection fees

according to the Gross Domestic Product Implicit Price Deflator as published by the Public Service Commission.

NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF FLAGLER BEACH, AS FOLLOWS:

SECTION 1. That the fees to be paid for Solid Waste Collection Services shall be in accordance with Exhibit A, attached hereto and made a part hereof.

SECTION 2. All definitions in the Solid Waste Ordinance will apply to this resolution. SECTION 3.

All Resolutions or parts thereof in conflict herewith be and the same are hereby

repealed.

PASSED AND ADOPTED THIS

DAY OF

2011.

CITY OF FLAGLER BEACH, FLORIDA CITY COMMISSION

ATTEST:

Alice M. Baker, Mayor

Penny Overstreet, City Clerk

Exhibit A to Resolution 2011- t}1(

The Fee Schedule for Solid Waste Collection Shall Be: Residential Service Per single family residential unit$ 15. 37 Per single family residential unit with a Home Business Tax Receipt$ 24. 91

Commercial Can Service Number

Cans

Weekly Pickup

Cans must be less than 32gallons in size and weigh less than 50 pounds)

1 to 2

24. 91

38. 88

2 to 3

52. 86

80. 80

Commercial Tote Service Number

Totes

Weekly Pickup

65- gallons) 1

24. 91

38. 88

52. 86

80. 80

108. 75

80. 80

122. 73

164.65

108. 75

164. 64

220.54

136. 70

206. 57

276.44

Commercial Container Weekly Pickup Container Sizes

Cubic Yards)

Special Pickup 2

Each

112. 32

170. 00

227.68

285. 36

343. 04

54.64

227. 68

353. 28

478. 87

589. 11

735. 19

112. 32

343. 04

526. 31

709. 59

892. 86

1, 076. 14

170. 00

458. 39

699.35

940. 30

1, 181. 26

1, 422. 21

227.68

Special Pickup Service The cost for a special pickup service for garbage or recycling shall be in accordance with the commercial container special pickup fee schedule.

The cost for a special pickup service for yard waste shall be$ 141. 65 for a full load and $ 70. 83 for a partial load,

per pick

up.

Exhibit A to Resolution 2011- L(l.(

Applying to all Service 1.

In the event of vacancies or nonpayment of fees, rules and policies existinf for nonpayment of water or sewer bills will apply.

All fees due the city shall be included in the city utility bill which is rendered montly. No discounts shall be allowed for prompt payment thereof.

The fact that any place of abode or any place of business is occupied shall be prima facie evidence that garbage, yard waste, or recycling is being produced and accumulated upon such

premises, and the fees for collection and disposal thereof are due to the City. No credit shall be given when a home or business is vacant 4.

All solid waste collection fees shall constitute, and are hereby imposed as a special assessment lien against the real property aforesaid; and, until fully paid and discharged, shall remain liens

equally in rank and dignity with city ad valorem taxes, and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. Such special assessment liens for service charges shall be enforced by any of the methods provided for by law. 5.

There shall be an annual adjustment of solid waste collection fees. Such adjustment shall be calculated by using the annual indexing factor based on the Public Service Commission published percentage change in the Gross Domestic Product Implicit Price Deflator. The

resulting fee will become effective each October 1, Starting October 1, 2007 and will be valid for the

new

fiscal

year.

of Fla ler e

F'+

lcy

Ier

City

each

Flagler Beach

AGENDA ITEM # 21

Item Summary and Recommendation SUBJECT:

Resolution 2011-46, amending Resolution 2010- 50 which adopted the FY 10/ 11 Budget, to reflect a budget amendment to reflect Grant Revenue and to transfer restricted funds for equipment purchases in the Police Department, providing for conflict and providing an effective date.

BACKGROUND: Confiscated

The Police Department purchased Bullet Proof Vests for$ 1, 800 with Restricted

Property Funds.

50%

of the cost of the vests will be reimbursed by the Bullet Proof Vest Grant. Additionally, the Police Department needs to purchase four Glock 27 weapons and would like to do so with Restricted Confiscated

Property Funds. The

cost of

these weapons is$

1600. A budget amendment is

necessary to reflect the Grant Revenue and the decrease to the reserve for Confiscated Property. RECOMMENDATIONS: Approve Resolution 2011- 46 ATTACHMENTS: Resolution 2011- 46 SUBMITTED BY: Kathleen Doyle

DATE: 09/ 13/ 11

Staff Comments:

City

Manager: The bullet

1, 800

purchased

purchased ( 4)

proof vests were required

three ( 3)

Glock 27

vestsâ&#x20AC;&#x201D; 50% grant/

pistol weapons.

50%

due to their " certified"

restricted confiscated

date expiring. The

funds. The $ 1, 600

These will be used by Chief, one Sergeant, Lieutenant,

and one officer working with Vice- Squad again, confiscated restricted funds utilized to purchase.

The replaced pistols will be utilized by our Reserve Officers.

K:\ 2011\ Commission\ Item

Summary\ 09222011\ Summary

21. doc

RESOLUTION 2011- 46

A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF FLAGLER

BEACH, AMENDING RESOLUTION 2010- 50 WHICH ADOPTED THE FY 10/ 11 BUDGET, TO REFLECT A BUDGET AMENDMENT, TO REFLECT

GRANT REVENUE AND TRANSFER OF RESTRICTED FUNDS FOR EQUIPMENT PURCHASES IN THE POLICE DEPARTMENT, PROVIDING FOR CONFLICT AND PROVIDING AN EFFECTIVE DATE.

NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF FLAGLER BEACH: SECTION 1. The FY 2010- 11 Approved Budget is amended as follows: Increase

001. 5214. 304910

Purchases- Confiscated Funds

Increase

001. 3300. 334300

State Grant— Department

Decrease

001. 0000. 247001

Reserve for Confiscated Funds

SECTION 2.

2, 500.00 Justice

900.00 1, 600.00

All Resolutions or parts thereof in conflict herewith be and the same are hereby

repealed.

SECTION 3. This Resolution shall become effective immediately upon passage as provided by law. PASSED AND ADOPTED THIS

DAY OF

2011.

CITY OF FLAGLER BEACH, FLORIDA CITY COMMISSION ATTEST:

Alice M. Baker, Mayor

Penny Overstreet, City

Clerk

RESOLUTION 2011- 47

A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF FLAGLER

BEACH, DECLARING CERTAIN PROPERTY TO BE SURPLUS, PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.

Whereas, City Staff recommends the items listed below, be declared surplus and disposed of as they are no longer in operating condition or repairable, and

Whereas, the City Commission based upon the recommendation of City Staff, desires certain property be properly and safely disposed of, and Whereas, prior to the disposal of any municipal assets, those assets must be declared surplus. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF FLAGLER BEACH, AS FOLLOWS:

SECTION 1. The following property is declared surplus and will be disposed of in a proper and safe manner as designated by the City Manager. 1.)

1991 F700 VIN 1FDWK72P2MVA33531

2.)

1988 GMC VIN 1GCHC34K51523831

3.)

1999 Ford Crown Victoria VIN 2FAFP71W8XX230937

4.)

1999 Ford Pickup VIN 1FTRF27WXNB14560

SECTION 2. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed.

SECTION 3. This Resolution shall become effective immediately upon passage as provided by law. PASSED AND ADOPTED THIS

DAY OF

2011.

CITY OF FLAGLER BEACH, FLORIDA CITY COMMISSION ATTEST:

Alice M. Baker, Mayor

Penny

Overstreet,

City

Clerk

ilz3 RESOLUTION 2011- 48

A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF FLAGLER BEACH,

FLORIDA, ADOPTING A SALARY SCHEDULE FOR FISCAL YEAR 2011/ 2012, AS REQUIRED BY CHAPTER 2 ARTICLE VII, PERSONNEL CODE SECTION 2- 289. 6; AND ESTABLISHING THE ANNUAL SALARY INCREASE CAP AS REQUIRED BY CHAPTER 2

ARTICLE VII, PERSONNEL CODE, SECTION 2- 289.4; PROVIDING FOR CONFLICT AND PROVIDING AN EFFECTIVE DATE HEREOF.

WHEREAS, Section 2- 289.6 of the Code of Ordinance requires the City Commission to adopt an annual salary schedule for employees by resolution, and; WHEREAS, Section 2- 289.4, of the Code of Ordinance requires the city Commission to authorize an annual increase cap. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF FLAGLER BEACH, FLORIDA:

SECTION 1.

The Salary Schedule for Fiscal Year 2011/ 2012 is adopted as outlined in exhibit " A"

SECTION 2.

The Annual Increase Cap for the Fiscal Year 2011/ 2012 is set at 3%

SECTION 3.

All Resolutions or parts thereof in conflict herewith be and the same are hereby

repealed.

SECTION 4.

This Resolution shall become effective immediately upon passage as provided by

law.

PASSED AND ADOPTED THIS

DAY OF September, 2011.

CITY OF FLAGLER BEACH, FLORIDA CITY COMMISSION

ATTEST:

Alice M. Baker, Mayor

Penny Overstreet, City Clerk

Resolution 2011- 48

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2._5

ORDINANCE 2011- 17

2 3

AN ORDINANCE

OF THE CITY OF FLAGLER BEACH, FLORIDA,

RECOGNIZING STATE PREEMPTION IN THE FIELD OF FIREARMS

REGULATION,

SECTION 2- 270 OF THE CODE OF ORDINANCES AND ARTICLE IV OF

APPENDIX " A"

POTENTIAL

STATE' S

AND

AMENDING

SECTION

14- 4,

SECTION

14- 44,

OF THE CODE OF ORDINANCES TO AVOID ANY

CITY

ACTION

REGULATION

THAT

MAY

FIREARM

CONFLICT

SALES;

WITH

THE

PROVIDING

FOR

SEVERABILITY AND SETTING AN EFFECTIVE DATE

11 12 13 14

WHEREAS, in Section 790.33, Florida Statutes, the Florida Legislature has preempted "

the whole field of regulation of firearms and ammunition" to the exclusion of any city or county ordinances, regulations or rules; and

15 16

WHEREAS, this preemption includes regulation of firearm sales to the extent firearm sales are treated differently than other businesses as well as possession and use of firearms; and

18 19

WHEREAS, the Florida Legislature has recently adopted new legislation imposing

significant financial penalties on governmental officials who act in violation of the preemption

afforded to the State in the field of firearms regulation; and

22 23 24

WHEREAS, Sections of the Code of Ordinances could be construed to regulate firearms and infringe the State' s preemption; and

26 27

WHEREAS, in order to avoid any potential for financial penalties being imposed against the City of Flagler Beach, its officials or its employees, the City Commission finds it to be in the

best interest of the City to remove provisions that could be construed to infringe upon the State' s

preemption of" the whole field of regulation of firearms and ammunition."

31 32

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF FLAGLER BEACH, FLORIDA, AS FOLLOWS:

33 34

SECTION ONE.

The recitals set forth above are hereby adopted as legislative findings

of the City Commission of the City of Flagler Beach.

SECTION TWO.

follows ( NOTE:

striletlifeugh):

The City of Flagler Beach Code of Ordinances is hereby amended as

additions are identified by underline and deletions are identified by

40 41

Sec. 14- 4. Discharging firearms certain weapons within city limits.

42 43 44

It shall be unlawful for any person, except a duly authorized law enforcement officer or

person acting in lawful self-defense, to discharge within the city limits, any fiireafmrineluding tear gas gun, chemical weapon or device, destructive device, explosive, and 1

including any

crossbow, : :

slingshot, bow and arrow, and

pistol or electronic weapon, .â&#x20AC;˘,

ÂŤ

Pirear

shall

- ..

52 53

Sec. 14- 44. Emergency management powers. a) Generally. When an emergency has been declared, and where time and circumstances permit, the powers of the city commission, including the mayor, and the powers of the various city officials, including the city manager, shall be exercised in the same manner as provided under the Charter and ordinances and laws of the city. Otherwise, where an emergency has been duly declared, and where circumstances prevent at least four ( 4) commissioners from meeting, then a majority of the commissioners ( including the mayor) able to meet may act by resolution and the mayor, if present, shall have a vote in any action but shall not have veto authority. In the event of a tie vote, however, in which the mayor is participating, the mayor's vote shall be given additional weight in order to break any tie during a state of emergency. Further, in any event, a declaration of a state of emergency may be rescinded at any time upon a

54 55 56 57 58

59 60 61 62

63 64

vote of a majority of a quorum of the commission, subject to veto power of the mayor. In the event, and only in the event, that no commissioner nor the mayor is available for decision-

making functions during the state of an emergency, then in addition to his normal powers and duties, the city manager, or in his absence the emergency management coordinator/director, may act for the city. The emergency powers herein shall include authorizing the mayor, the city manager or city emergency management director/coordinator to act under such written emergency management plan as shall have been formally approved by the commission. In the absence of such plan, the emergency powers herein shall include authorizing such person to exercise the following powers and duties:

67 68

69 70 71 72 73 74

75 76

( 7)

Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms,

explosives or combustibles, and to require curtailed use of water and to require rationing of gas,

foods and other basic necessities.

81 82

Sec. 2- 270. Types of offenses.

83 84

The three ( 3) groups of offenses and guides for recommended penalties are as follows:

Group III Offenses

First

offense:

Up to discharge 2

91 92

93 94

( 8)

Unauthorized use or display of fireafms3 explosives or weapons, other than firearms, on city property, and use or display of firearms on city property in a manner in violation of State Law;

95 96

.. -

97 98

99 100

ARTICLE IV. PAWNBROKERS •

'... •

. . • - ,.. _ - ! ' .

101 102 103

104

State law

references:

Pawnbrokers, F. S. §

715. 04 et seq.; purchase and sales of metals, F. S.

812. 049 et seq.

105 106 107

108

Sec. 16- 56. License required.

109

No firm or corporation shall conduct or operate the business of pawnbroker OF- fifeafms

110

Gales shop without having first obtained a license therefor as is provided in this article or in violation of the provisions contained in this article. Any pawnbrokerfr license may be revoked by the city commission for any violation of any provision of this article.

111

112

sales

shop

113 114

115 116

Sec. 16- 60. Records.

117

121

Every pawnbroker or gun sales shop operator doing business in the city shall keep a record of every article pledged with him or sold to him and this record shall be open to the inspection of any police officer at any time during the hours of business. The pawnbroker or gun shop operator shall keep a complete and true record of all transactions, including a transaction book showing from whom each article of their stock was purchased or pledged, the

122

date of the transaction, and the date and to whom each article was sold, which record shall at all

123

times be subject to the inspection of all law enforcement officers. The information shall include a

124

listing of the identification shown by the customer involved at the time of the transaction. Both the person buying or selling merchandise and the salesperson for the shop shall sign the

118

119 120

125 126

sales

127

transaction book verifying the information given. No transaction shall be conducted unless the customer shall display identification verifying his or her name, age, and address and social

128

er. Forms for the preparation of the transaction book required in this section shall

129

be prescribed and furnished by the city's police department.

130 131

Sec. 16- 61.

133

Display of weapons. No pawnbroker shall display in his its window any weapon other than firearms OF nor shall a pawnbroker display any firearm in its window in a manner in violation of State law.

134

frrea.

132

135

136

137 138

SECTION THREE.

SEVERABILITY.

If any section, sentence, phrase, word or

139

portion

140

determination shall not be held to invalidate or impair the validity, force or effect of any other

141

section, sentence, phrase, word or portion of this Ordinance not otherwise determined to be invalid, unlawful or unconstitutional.

142

this

Ordinance is determined to be invalid,

unlawful

unconstitutional,

said

143 144

SECTION FOUR.

145

be immediately upon its enactment.

EFFECTIVE DATE. The effective date of this ordinance shall

146 147

PASSED ON FIRST READING THIS 25TH DAY OF AUGUST, 2011.

148

PASSED AND ADOPTED THIS

149

DAY OF

CITY OF FLAGLER BEACH, FLORIDA CITY COMMISSION

150 151 152 153

Alice M. Baker, Mayor

154 155 156

ATTEST:

157 158

2011.

Penny Overstreet, City Clerk

159

Item

26 Staff Reports

Monthly Report Assistant to the City Manager July, 2011 Assistant to the City Manager:

Processed necessary invoices Answered Citizen inquiries and referred them to appropriate departments/ agencies

Attended one staff meeting Presented new Salary Schedule at Commission Meeting Provided information to Elected Officials as requested Distributed Media Release concerning the August

1St

Friday Event. Prepared weekly highlight reports as requested by ACM Human Resources/ Employee Benefits:

Continued to advise Department Heads and Acting City Manager on personnel related matters

Answered requests for verification of employment

Processed benefit enrollment applications for newly qualified employees. Completed CES report for July Processed new CRA Director- Grants Writer/Administrator Processed new Planner/Office Coordinator Hosted ICMA-RC Representative who met with numerous employees to provide

investment advice Met

with

was at a

HR Brown&

Brown representatives to discuss Health Care rates. Initial quote

24. 55% increase. Finalized the

renewal at a

13. 51%

increase. The City' s

demographic data coupled with the Federal Health Care Act have caused rates to increase

higher than expected. Also met with Allstate representative to see if there was any way to use one of their services to offset the rate increase with United Health Care.

The following issues are areas of concern which are being addressed as time and resources allow: o

Scanning of Personnel Documents Scanning of current employees'

files 98%

complete

Medical and some Police files still to be scanned

Scanning of past employees' files 99% complete Some old files (recently found) still to be scanned. Homeland Security requirements

Governor Scott is encouraging all employers to utilize the E-Verify System. There appears to be some issue as to how this can legally be implemented and some potential discrepancies between Governor Scotts' directive and Federal requirements. Staff continues to monitor and take action as appropriate. o

Volunteer tracking and records management Ongoing Compliance with changing Unemployment and COBRA administration rules

Found one wrong claim on Unemployment invoice. Worked with the State Unemployment Agency to resolve the issue so the City would not be billed for someone who had never worked here. o

Currently one former employee and one dependent on COBRA 1

Administrative Policy compliance issues Continuing to monitor for changes in Federal & State laws that impact our

Employee Free Choice Act

policies.

Stalled at federal level; Staff continuing to monitor. o

Federal Health Care Bill' s impact on City finances

Staff continuing to monitor with the assistance of insurance agents and labor attorney. Two key issues which will ultimately raised rates are the addition of" Unlimited" Lifetime Maximums and Adult Wellness programs

mandated by the new Health Care Bill. These will cost the insurance carriers more and those cost will be passed on to consumers.

Risk Management:

Continued to work with PGCS to facilitate Worker' s Compensation cases o

Currently it appears our experience rating has improved this year. If this continues we" should" see a decrease in rates in F/ Y 2011- 2012

Continued to maintain litigation files for open claims and provide information to various attorneys, as required, as well as keeping the City Attorney& Acting City Manager statused as appropriate.

Began the process of gathering the data to provide to our agents for 2011/ 2012 Property/ Liability insurance renewal process. Met with the PGIT Risk Manager to discuss issues at the Skate Park which have arisen

out of the confusion with the County owning the Park and the City" managing" it. Staff will continue to work with PGIT and the County to reach a resolution.

The following issues are areas of concern which are being addressed as time and resources allow: o

Rising cost of litigation associated with Worker' s Compensation claims Continue to work with PGCS to close claims as soon as possible to assist

in minimizing the cost. As stated above this seems to be having a positive impact. o

Pandemic Disaster Recovery Plan requirements( i.e. H1N1 Virus)

Staff will develop a plan to comply with these rules as time allows. Staff has discovered a FEMA course on this issue and will take the course on-

line as time allows. Staff has begun compiling information for the Plan; o

however other priorities must come first. Potential changes in the State requirement for OSHA compliance

Staff continuing to monitor; to date State has still not moved on this issue; however, Staff will be working on training to assist the City in meeting compliance for OSHA in the event the State decides to make this mandatory. o

Federal Nat' l. Incident Management System( NIMS) Directive and its potential

for creating liability issues. Chairman Feind has completed ICS 100a Commissioner Shupe has completed all of the required courses

Asst. to the City Manager, Fire Chief, Police Chief, Recreation Director and Librarian completed the required courses. Other Department Heads will pursue training as time permits. 2

Liability Litigation Although many old claims have been closed out this year the potential for litigation is always much greater in the current economic climate. Staff

continues to attempt to identify issues which could result in claims and notify the appropriate departments to achieve resolution. Projects Coordination: Animal Control o

See attached report for F/ Y 10/ 11 to date

Ocean Walk Park o

Pending funding to continue development

Parker Conservation Preserve( Formerly Mirror Lake Park) o Must perform Archeological Survey before any development can begin. Staff has placed a line item in budget for 2011/ 2012 to accommodate this requirement. o

New Grants Writer/Administrator, Susanne Wiled, is submitting a grant application for FRDAP funds to complete much of the work on this park. I have

provided her with the Master Management Plan so she can make certain all

development activities fall in line with the requirements of the original property acquisition grant.

Silver Lake Park o

In maintenance mode. State required annual stewardship reporting will continue as required ( at least the next 5 years).

Pier Restaurant o

Acting City Manager Campbell continues to move through the process.

Post Disaster Redevelopment Plan o

Pending next meeting to be scheduled by County, expect to involve the new City Planner for the next meeting.

Miscellaneous: o

Researched and provided city property information to assist the consulting engineer with answering FDEP' s questions regarding the application for a CCCL Permit for the proposed Gateway Ocean Promenade project.

Animal Control Cases 09/ 10

Date In

Description

Location Found

Disposition at time of Billing

01/ 07/ 10

Dog- Lab- Female Adult

Forest Road

Returned to owner-owner paid

10/ 03/ 10

Cat-Domestic Med- hair- Male

S. Flagler

10/ 19/ 10

Cat-Domestic Short Hair- Female

S. Central

10/28/ 10

Cat- Domestic Short Hair- Male

S. Daytona

10/ 31/ 10

Cat- Domestic Short Hair- Male

S. Daytona

12/ 06/ 10

Cat- Domestic Short Hair- Female

520 S. Flagler

12/ 21/ 10

Cat- Domestic Short Hair- Male

520 S. Flagler

12/ 22/ 10

Cat- Domestic Short Hair- Male

520 S. Flagler

12/ 29/ 10

Cat- Domestic Short Hair- Male

520 S. Flagler

01/ 02/ 11

Cat-Domestic Short Hair- Male

01/ 03/ 11

Cat- Domestic Med. Hair- Male

01/ 07/ 11

Cat-Domestic Short Hair- Female

Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray

Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Holding Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Holding Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep

Seized

Adopted

Seized

Holding Put to Sleep

Animal

01/ 10/ 11

Cat-Domestic Short Hair- Male

01/ 11/ 11

Cat-Domestic Short Hair- Male

01/ 21/ 11

Cat- Domestic Short Hair- Male

01/ 21/ 11

Racoon- Standard

01/ 27/ 11

Cat- Domestic Short Hair- Female

02/ 15/ 11

Racoon- Medium- Standard

02/ 17/ 11

Racoon- Large- Standard

02/ 22/ 11

Racoon- Small- Standard

02/ 22/ 11

Racoon - Medium- Standard

02/ 24/ 11

Cat- Domestic Med. Hair- Female

02/ 24/ 11

Racoon- Medium- Standard

02/ 26/ 11

Racoon - Medium- Standard

03/ 02/ 11

Racoon- Standard _

03/ 02/ 11

Racoon- Standard

03/ 09/ 11

Racoon- Standard

03/ 16/ 11

Racoon- Standard

04/ 17/ 11 04/ 17/ 11 _

Dog- Pit-Bull Dog- Pit- Bull

04/ 22/ 11

Racoon- Standard

04/ 24/ 11

Cat-Domestic Short Hair-Male

05/ 04/ 11

Racoon- Small- Standard

05/ 08/ 11

Dog- Yorkie Mix- Male

05/ 13/ 11

Chicken- Rhode Island Red- Female

06/ 10/ 11

Mix- Female Mix- Female

Boxer Mix- Male

06/29/ 11

DogDog- Australian

07/ 01/ 11

Cat- Domestic Short Hair- Female

07/ 01/ 11

Cat- Domestic Short Hair- Female

07/ 01/ 11

Cat- Domestic Short Hair- Male

07/ 01/ 11

Cat- Domestic Short Hair- Male

07/01/ 11

Cat-Domestic Short Hair- Male

07/03/ 11

Dog- Hound/ Mix-

07/ 05/ 11

Cat- Domestic Short Hair- UNK

07/05/ 11

Cat- Domestic Short Hair- UNK

07/ 05/ 11

Cat- Domestic Short Hair- UNK

07/ 09/ 11

Raccoon- Standard

07/ 16/ 11

Cat- Domestic Short Hair- Female

07/ 16/ 11

Cat- Domestic Short Hair- Female

07/ 16/ 11

Cat-Domestic Short Hair- Female

07/ 16/ 11

Cat- Domestic Short Hair- Female

Shepherd Mix- Female

Female

Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Hit by Stray Stray

Stray Stray

PTS PTS Adopted

Adopted

Holding Bite Quarantined

Put to Put to Put to Put to Put to

Sleep Sleep Sleep Sleep Sleep

Returned to owner-owner paid

car

Put to Sleep Put to Sleep Put to Sleep Put to Sleep Holding Holding Holding Holding

Animal Control Cases 09/ 10

07/ 16/ 11

Cat- Domestic Short Hair- Male

07/ 16/ 11

Cat-Domestic Short Hair- UNK

07/ 16/ 11

Cat- Domestic Short Hair- UNK

07/ 16/ 11

Cat-Domestic Short Hair- UNK

Stray Stray Stray Stray

07/ 31/ 11

Dog- Rottweiler

Seized

Holding Holding Holding Holding Returned to

owner-owner paid

Monthly Report Assistant to the City Manager August, 2011

Assistant to the City Manager:

Processed necessary invoices Attended one staff meeting Provided information to Elected Officials as requested

Performed the duties of Acting City Manager, including preparing and distributing the weekly highlight report, while current Manager at League of Cities Conference Human Resources/ Employee Benefits:

Continued to advise Department Heads and Acting City Manager on personnel related matters

Answered requests for verification of employment Completed open enrollment for Health Insurance

Completed open enrollment for Voluntary Dental Insurance Met with AFLAC Representative to discuss pending open enrollment Completed CES report for August Scheduled Brown& Brown Representative meetings with various employees to assist

them in better understanding the Health Care Plan. The following issues are areas of concern which are being addressed as time and resources allow: o

Scanning of Personnel Documents Scanning of current employees'

files 98%

complete

Medical and some Police files still to be scanned

Scanning of past employees' files 99% complete Some old files( recently found) still to be scanned. Homeland Security requirements

Compliance with changing Unemployment and COBRA administration rules On June

27th,

Governor Scott signed new unemployment compensation

legislation broadening the meaning of misconduct and adding additional requirements claimants must meet to be eligible for unemployment compensation.

There are many more parts of this bill not the least of

which is the change in duration of benefits which becomes effective

January 1, 2012, the duration of benefits for new claims will be adjusted from the current maximum of 26 weeks to a range of 12 to 23 weeks, based upon the average unemployment rate in Florida for the third calendar quarter of the previous year."

Overall the changes may now

make it easier for employers to show that employees were discharged for accordingly, are not qualified for unemployment compensation benefits. All of the revisions, other than the duration of misconduct

and,

benefits provision, are currently in effect. 1

Currently one former employee and one dependent on COBRA Administrative Policy compliance issues Continuing to monitor for changes in Federal & State laws that impact our

Employee Free Choice Act

policies.

Stalled at federal level; Staff continuing to monitor. Federal Health Care Bill' s impact on City finances Staff continuing to monitor with the assistance of insurance agents and labor attorney.

Risk Management:

Continued to work with PGCS to facilitate Worker' s Compensation and liability claims: o Worker' s Compensation and General Liability Policies have been proposed at an overall decrease of 5%.

Continued to maintain litigation files for open claims and provide information to various attorneys, as required, as well as

keeping the City Attorney& Acting City Manager

statused as appropriate.

Met with the PGIT Risk Manager to discuss issues at the Skate Park. The County recently renovated all of the ramps at the park. Our PGIT Risk Manager will continue to monitor the park for issues which could cause rise to claims( e. g. damaged ramps, etc.) The City will continue to patrol the park for violators and take the appropriate action with

those individuals who abuse the privilege up to and including trespassing them from the facility. Scheduled and drafted minutes of Safety Meeting The following issues are areas of concern which are being addressed as time and resources allow: o

Rising cost of litigation associated with Worker' s Compensation claims Continue to work with PGCS to close claims as soon as possible to assist

in minimizing the cost. As stated above this seems to be having a positive impact. o

Pandemic Disaster Recovery Plan requirements( i.e. H1N1 Virus) Staff will develop a plan to comply with these rules as time allows.

Potential changes in the State requirement for OSHA compliance

Staff continuing to monitor; to date State has still not moved on this issue; however, Staff has begun working on training to assist the City in meeting compliance for OSHA in the event the State decides to make this mandatory. o

Federal Nat' l. Incident Management System( NIMS) Directive and its potential

for creating liability issues. Chairman Feind has completed ICS 100a

Commissioner Shupe has completed all of the required courses

Asst. to the City Manager, Fire Chief, Police Chief, Recreation Director and Librarian completed the required courses. Other Department Heads

will pursue training as time permits. o

Liability Litigation Although many old claims have been closed out this year the potential for litigation is always much greater in the current economic climate. Staff

continues to attempt to identify issues which could result in claims and notify the appropriate departments to achieve resolution. 2

Projects Coordination: Animal Control o

See attached report for F/ Y 10/ 11 to date

Ocean Walk Park

Stewardship Report approved by the State. Parker Conservation Preserve( Formerly Mirror Lake Park) o Stewardship Report approved by the State. o Grant' s Writer/Administrator pursuing FRDAP Grant for development of this o

park.

Silver Lake Park o

In maintenance mode. State required annual stewardship reporting will continue as required( at least the next 5 years).

Pier Restaurant o

Contract signed by all parties

Post Disaster Redevelopment Plan o

Still pending next meeting to be scheduled by County

Miscellaneous: o

Scheduled and attended Emergency Operations Center' s E- Team Training in preparation for working in/with the EOC if activation occurs. Acting City Manager Campbell, City Clerk Overstreet, and Firefighter Bissonnette also attended the training.

Animal Control Cases 09/ 10

Location Found

Disposition at time of Billing

01/ 07/ 10

Date In

Dog- Lab- Female Adult

Forest Road

Returned to owner-owner paid

10/ 03/ 10

Cat-Domestic Med- hair- Male

S. Flagler

10/ 19/ 10

Cat-Domestic Short Hair- Female

10/28/ 10

Cat-Domestic Short Hair- Male

S. Central S. Daytona

10/ 31/ 10

Cat-Domestic Short Hair- Male

S. Daytona

12/ 06/ 10

Cat- Domestic Short Hair- Female

520 S. Flagler

12/ 21/ 10

Cat-Domestic Short Hair- Male

12/ 22/ 10 12/ 29/ 10

Cat- Domestic Short Hair- Male Cat- Domestic Short Hair- Male

520 S. Flagler 520 S. Flagler

01/ 02/ 11

Cat- Domestic Short Hair- Male

Stray

01/ 03/ 11

Cat-Domestic Med. Hair- Male

01/ 07/ 11

Cat-Domestic Short Hair- Female

01/ 10/ 11

Cat- Domestic Short Hair- Male Cat-Domestic Short Hair- Male

Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray

Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Holding Put to Sleep Put to Sleep

01/ 11/ 11

Description

Animal

01/ 21/ 11

Cat-Domestic Short Hair- Male Racoon- Standard

01/ 27/ 11

Cat-Domestic Short Hair- Female

02/ 15/ 11

Racoon- Medium-Standard

02/ 17/ 11

Racoon- Large- Standard

02/ 22/ 11

Racoon- Small- Standard

01/ 21/ 11

02/ 22/ 11

Racoon- Medium- Standard

02/24/ 11

Cat- Domestic Med. Hair- Female

02/24/ 11

Racoon- Medium- Standard

02/26/ 11

Racoon- Medium- Standard

03/ 02/ 11

Racoon- Standard

03/ 02/ 11

Racoon- Standard

03/09/11

Racoon- Standard

03/ 16/ 11

Racoon- Standard

04/ 17/ 11 04/ 17/ 11

Dog- Pit-Bull Dog- Pit-Bull

04/22/ 11

Racoon- Standard

04/24/ 11

Cat-Domestic Short Hair-Male

05/ 04/ 11

Racoon- Small- Standard

Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep

Seized

Adopted

Seized

Holding Put to Sleep

Yorkie Mix- Male

Dog-

Chicken- Rhode Island Red- Female

06/ 10/ 11

Dog- Boxer Mix- Male Dog- Australian Shepherd

07/01/ 11

Put to Sleep

Mix- Female

05/ 13/ 11

07/ 01/ 11

Put to Sleep Put to Sleep Put to Sleep Put to Sleep Put to Sleep Holding Put to Sleep Put to Sleep Put to Sleep Put to Sleep

Mix-Female

05/08/ 11

06/ 29/ 11

520 S. Flagler

Mix- Female

Cat-Domestic Short Hair- Female Cat- Domestic Short Hair- Female

07/01/ 11

Cat-Domestic Short Hair- Male

07/ 01/ 11

Cat-Domestic Short Hair- Male

07/01/ 11

Cat- Domestic Short Hair- Male

07/ 03/ 11

Dog- Hound/Mix-

07/ 05/ 11

Cat- Domestic Short Hair- UNK

Female

07/05/ 11

Cat-Domestic Short Hair- UNK

07/ 05/ 11

Cat- Domestic Short Hair- UNK

07/ 09/ 11

Raccoon- Standard

07/ 16/ 11

Cat-Domestic Short Hair- Female

07/ 16/ 11

Cat- Domestic Short Hair- Female

07/ 16/ 11

Cat-Domestic Short Hair- Female

07/ 16/ 11

Cat-Domestic Short Hair- Female

Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Stray Hit by car Stray Stray Stray Stray

PTS PTS Adopted

Adopted

Holding Bite Quarantined

Put to Put to Put to Put to Put to

Sleep Sleep Sleep Sleep Sleep

Returned to owner-owner paid

Put to Sleep Put to Sleep Put to Sleep Put to Sleep Holding Holding Holding Holding

Animal Control Cases 09/ 10

07/ 16/ 11

Cat-Domestic Short Hair- Male

07/ 16/ 11

Cat-Domestic Short Hair- UNK

07/ 16/ 11

Cat-Domestic Short Hair- UNK

07/ 16/ 11

Cat- Domestic Short Hair- UNK

07/ 31/ 11 08/ 11/ 11

08/ 25/ 11 08/30/ 11

Stray Stray Stray Stray

Holding Holding Holding Holding

Dog- Rottweiler Dog- Lab/ Mix- Male

Seized

Returned to owner-owner paid

Seized

Returned to owner-owner paid

Cat- Domestic Short Hair- Female Coyote- small- Female

Stray Hit by car

Put to Sleep Put to Sleep

TO:

Bruce Campbell,

Acting City Manager Penny Overstreet, City Clerk Monthly Report for August 2011

FROM:

SUBJ:

Fâ&#x20AC;˘,â&#x20AC;˘.

Administrative support for the Commission:

1 Regular City Commission Meetings 1 Special Meetingâ&#x20AC;&#x201D; CRA 2 Budget Workshops 1 Staff Meetings

1 Economic Development Task Force

Reserved hotel and registered Elected Officials for the Annual Conference, compiled information packet for their convenience.

Administrative support for the City Manager' s Office/ Other Departments: Assisted the Acting City Manager

provided support

for

general correspondence and memos.

Set up two new employees for

access to the servers, email, phone system, web-site, provided information, code of ordinance, comp plan, administrative policy, city issued cell phones, and generally where to find everything they will need.

Assessments: Thirty (30) requests from title companies inquiring about balances of assessments and utility bills were processed. The amount collected in research and fees was$ 4, 592.54. Computer Network Preventative Maintenance with

James Moore &

Support:

Coordinated troubleshooting efforts

Company. This does not include day-to-day troubleshooting done by the City

Clerk' s office. James Moore &

Department Budget:

and

Co. completed 27 service tickets for the month.

Processed invoices

and ordered supplies as needed.

Budget on task for the

department no significant variances in monthly report provided by Finance Director. Public

This

records requests:

office

processed

hundreds

requests

for

public

records.

These

requests came from various sources, including but not limited to individuals, attorneys, other City Departments,

other

Agencies.

This number does not include the many phone calls and e- mails that

by our department requesting verbal and written 59. 50 in fees for copies of documents and compact discs.

are received

Records Management Functions:

laser fiche.

Scan;

assign

information.

We collected a total of

Assisted staff in scanning, storing and properly using templates in

templates for easy search

laser fiche.

Continued to linked contracts,

resolutions, ordinance, to minutes for years 2009- 2011 and update templates and scanned missing documents as needed. Preparing for year end when documents that have met their retention will be pulled and destroyed per State guidelines

Web Site: Approximately four (4) hours were spent posting, updating the City' s website. Information put on

the website public notice re:

commission room meetings were posted, events, construction

updates, bid information, as well as any updates needed to department' s pages as well as updating the First website.

Friday' s

page and

the News

and

Events

pages per requests.

There were 19, 494 hits on the

Executive

Summary

Page 1 of 4 V

Cr4â&#x20AC;&#x201D;

JAMES MOO RE Executive Summary Executive Summary Report Created: 9: 45: 07 pm 4-Sep- 11

For all machines in the group cofb For data collected in the last 30 days

Client Information

Network Health Score

Contact Person IT Manager

Patch Score OS Score Disk Score Event Log Score Backup Score Alarm Score Iry Uptime Score Wrk Uptime Score Security Score

JMCO ISC

Servers Managed Workstations Managed Total Systems Managed System

Activity

10 70

80 I_

nave

Audits Completed

1473

Backups Completed

911

Automated Services CCleaner Windows Disk Cleanup

96% *

100% * 94% * 93% * 88% *

1/ 8

1/ 1/ 1/ 1/

8 8 8

94 0/0

8 85% * 1/ 8 i00% :_ ith N/ A * N/ A 99% * 1/ 8

Operating Systems

79 0

Anti-Virus

rrber. 2IIu

Statistics Machine Installation Ratio

i41

Summary

0/80

yin 7 141

Anti-Malware

Summary Statistics

i I. XP( 66). 83%

Workstation Installation Ratio Server Installation Count

Machines with full scans last 30 Days Machines needing attention Machines with unhandled detections Database Version& Date Performance Statistics Last 30 Days Total Objects Scanned Total Detections

Total New Installations Total Flash Scans Completed Total Quick Scans Completed Total Full Scans Completed

Total Updates Completed

Endpoint

Security

31/ 70 0 15/ 31 0/ 31

0/ 31 7651

Patche -

287

5 0 48 0

Patch Scans Completed

Patches Installed

Last 30 Days

Scans Completed Updates Performed KES installed

1548 479

Alarm Notifications 0

Threats Resolved

Pater.~:_-_,

Disk Space Used

Approval Policy Applied 5 Patches_- CI

Current Active Threats Current Threats in Vaults

with

13154797

Total threats detected

Machines

Patch Status

0 216 17382 74

Alert

New Agent Installed

Alert

Application Change g

Alert

Script FailureFailure

Alert

Event

Alert

PCI Configuration Change

Alert

Disk Configuration Change

Log

Alert

RAM Size Change

Alert

Agent Offline

Alert

Low Disk Space

Alert

Agent Online

Alert

Backup Alert

Alert

Multiple Event Log Win AU Change

Alert

13 4 291

1 690

2 21

18 179 1

9/ 15/ 2011

Executive

Page 2 of 4

Summary

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9/ 15; 2011

Finance Highlights for

July and August 2011 Most of the past two months have been dedicated to Budget for the upcoming year 2011/ 12.

We have begun working on year end early this year, this includes working on a Fund Balance Policy that will be in line with the new accounting rules on Fund Balance. Our meter replacement program is right on target with only 350 meters left to be replaced by March 2012

Bruce and I met with Steve Groth and Vallery Skoglund From RBC Bank to discuss the

upcoming change to PNC Bank, which will take place in March. As a whole the RBC staff seems happy with the change to PNC and feels the bank is more community minded.

The staff of the Finance Department has worked diligently on their daily tasks of billing,

opening and closing utility accounts, receiving payments, processing bills and purchase orders, payroll,

reconciling

accounts ( to name a

few

the

daily duties).

This should

make the closeout for 2010/ 11 much easier than years past.

Attached are the Budget Line Transfers and Budget Amendment Transactions that

occurred in July and August. Also, attached is the Legal Department Expense Report through August 31, 2011

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FLAGLER BEACH LIBRARY MONTHLY REPORT

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FLAGLER MODEL RAILROAD CLUB

FLORIDA HISTORY BOOK CLUB DISCUSSED BOOK " GODFATHER OF NIGHT" BY KEVIN PAPPAS

AUGUST

25TH,

LAUREN SWANSON WITH GAMBLE ROGERS STATE PARK HOSTED OUR CHILDREN' S PROGRAM.

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Recreation Staff report Tom Gillin Recreation Director

August 2011 1.

Parks and Recreation a.

Junior Lifeguards i.

ii. iii.

Completed final camp sessions. Competed in Junior Lifeguard Advanced Camp Hosted final Luau.

b. " Music in the Park" i. ii. iii.

First annual" Dip-off" contest on August 6th. Approximately 800 people attended. Entertainment provided by the U.S. Navy Band.

iv. Next c.

music event planned

for September

2nd

Movies in the Park

Negotiating with Santa Maria Del Mar Church as an indoor venue.

ii. Movie Dates to be announced 2.

Lifeguards a.

Full time lifeguard protection seven days per week

Continued in-service CPR and First Aid Training Complied with United States Lifesaving Association standards for day-today operations.

Pier Bait Shop a. Bait shop revenue exceeded projected total for month of August. b. c.

Met with counselor from SCORE to improve services. Planned for September schedule

Upcoming Special Events a.

b. c.

Fun Coast Bed Race, October 8th 3rd

Annual Corvette Cruise- in, October

Rotary 5K Run, October 22nd. Tommy Tant Surf Tournament, November and Holiday at the Beach, December 2nd

9th

3rd

12th

13th.

and

0 N

W 1N

O r

r' ..':ri'

a,s

2 i 401

34, 180 28, 440

5 37, 780

8Ju1 Jul 1 -

ul`

45, 160 37, 440 27,480

iii

35, 760

34, 720

271

TOTL

21, 880 45, 160

21 , 020

58,460 27,480

64, 860

100, 620 34,720

68, 220 32, 640

279, 420

66, 100

37, 780 21 , 880

14- jilt 3

28,440 66, 100

34, 180

68, 220 32, 640

276, 260

555, 680

1 <

wt-

fad

18, 240

134u1

18, 240

22, 530

21 ,240

21, 240

20, 560

82, 570

Issmona

TOTAL

RECYCLE TOTALS FOR

July 2011

06- Jul- 11

26, 360

11 -Jul- 11

15, 300

12- Jul- 11

20, 500

13- Jul- 11

15, 820

19- Jul- 11

22, 340

21 -Jul- 11

15, 360

26- Jul- 11

23, 120

26- Jul- 11

14, 360

29-Jul- 11

30, 500

TOTAL

183, 660

Jul- 11 GARBAGE YARD WASTE

TOTAL lbs. 555,680 82, 570

NEWSPAPER, PLASTIC, GLASS, ALUMINUM, STEEL

CANS, CARDBOARD, MAGAZINES &

183, 660

METAL APPLIANCES TOTAL RECYCLE

183, 660

JULY 2011 FUEL SUMMARY - SANITATION 2004

STERLING

2004

2002

1999

1993 FORD

2007

ACTERRA

STERLING

L8000

STERLING

DIESEL)

50 77 72 74 77

162

159

350

2010 FUEL SUMMARY - SANITATION 2009

2010

2011

STERLING

95 DODGE

freightliner

STERLING

freightliner

STERLING

DIESEL)

GAS)

DIESEL)

100

70 85

452

1, 934

293 gallons

diesel

424

gallons gas

yy F eta

d9`

Illarlallillit111111

OR1 P

To:

Bob Smith, City Engineer and City Commissioners

From:

Jim Ramer, Water Plant Superintendent

Subject: Monthly Report for August 2011 September 1, 2011

In, August we produced 15, 268,000 gallons of drinking water. This amount was less than the treated in July ( 788, 000 gallons less). Rainfall for the month of August was 1. 40

amount we

inches.

We have routine duties that are performed every day on each of the shifts. Samples taken every hour to make sure we keep the chemistry of the water within the parameters of DEP. We regularly perform over 200 tests on the City water and raw water daily between the three shifts. We do

routine plant maintenance.

mow

the

We take well samples and draw

plant grounds.

downs for St. Johns River Water Management, also keeping daily records for the monthly reports that are required to be turned into the Department of Environmental Protection Agency every month. We also do quarterly reports for DEP on disinfection byproducts. We have the mid

night shift flush the trains with high pH permeate water. We do yearly TTHM and HAAS tests. DEP requires us to take 5 bacteriological samples from the distribution system monthly, according to

our population.

All

samples passed on

August

2nd.

I have Dennis Walker perform weekly vehicle checks. He checks all the fluids such as Brake fluid, windshield wiper fluid, transmission fluid, and all the lights. We found

leak

on our raw water

line

the

10th

The T&

of August.

D department is

ordering the parts to fix the line.

We had Ring Power here to give us a quote on repairs to the Million Gallon tank generator Well #

11 generators. They fixed the problem on the generator at the Million Gallon Tank by founding a bad wire in the Sun State control cabinet saving us $ 2, 500 for a new switch gear. We had AWC here to fix the drive unit on train# 3. They believe it is because the A/ C unit is on when the train is off line and causing a condensation problem in the drive unit. We only run the A/ C units on the trains that are on line. We are going to install relays on the A/C units to run only when the units are on line. This will save us money on energy cost. and

Train# 2 6" Train#

elbow cracked and we repaired

it in house saving

us about$

2, 500.

4 concentrate valve is being repaired and we should get it back in a week. We

ordered a separate valve to have one as a spare if this happens again. This is a sole source item.

The A/C unit on the high serve pump control panel was hit by lightening and it took out the had Flagler County Heating and Air here to repair the unit at a cost of$ 600

thermostat. We

dollars.

We had a problem with FPL in the well field. It all stemmed from there Sub station on the

corner of SR 100 and Seminole Woods Pkwy. I had to contact the Public Service Commission to get

this

problem corrected and

for it to

not

happen

again.

was

in the

well

field for

six

hours in

the middle of the night waiting for someone to give the line men permission to adjust the transformer at the sub station and no one would answer there phones.

We did our quarterly well tests for St. Johns Water Management District. We also did our TTHM and Haa5 test for DEP.

We used 18, 000 of water on flushing the north end of town. This was done to keep the Chlorine residual up do to the heat. We had the F- 250 brakes repaired and the front end repaired. We found

bent

shaft on

the#

1 degasifier. We where going through bearings when we

discovered the bent shaft. This was because when the plant was built the contractor left the belts

on the pulleys and the tension warped the shaft. They sat there for months without someone to rotate the blowers. We also found a piece of lamination had come off the fan. This item is a sole source

item

at a cost of

4, 018 dollars. We are going to take the old one to a machine shop to

see if it can be straightened out so we will have a replacement.

We installed surge protection on our front gate. We also installed surge protection on our phone

lines.