WORKSHOP MEETING OF THE FLAGLER BEACH CITY COMMISSION SEPTEMBER 8

2008 AT 5
30 P
M

PRESENT Mayor Alice M Baker Chairman Jane Mealy Vice Chairman John Feind
Commissioners Joy McGrew Linda Provencher and Ron Vath Interim City Manager Bernie
Murphy City Attorney Drew Smith Planning and Zoning Director Jan Hancock Code
Enforcement Officer Elaine Cowart and City Clerk Angela Apperson

1 CALL THE MEETING TO ORDER Commissioner Mealy called the meeting to order at

32 p
5 m

2 PLEDGE OF ALLEGIANCE Mayor Baker led the pledge followed by a moment of

silence

3 DISCUSSION OF PROPOSED ORDINANCE 2008

08 RELATING TO THE RENTAL
OF SINGLE
FAMILY HOMES AS RESORT DWELLINGS RELATING TO THE RENTAL
OF CONDOMINIUMS AS RESORT CONDOMINIUMS PROVIDING FOR DEFINITIONS
PROVIDING FOR APPLICABILITY AMENDING APPENDIX A LAND

DEVELOPMENT REGULATIONS ZONING SCHEDULE OF USES ADDING RESORT

RESORT CONDOMINIUMS IN RESIDENTIAL AREAS WHICH HAVE MADE

APPLICATION TO THE STATE OF FLORIDA OR LOCAL BUSINESS TAX RECEIP
T
WITH THE CITY OF FLAGLER BEACH AS OF DATE CER
PAIN AMENDING CHAP
ER
I

REQUIREMENTS PROVIDING FOR REQUIRING LOCAL REPRESENTATION FOR A

LOCAL BUSINESS TAX RECEIPT APPLICATION FOR RESORT DWELLINGS AND

QUIRING THE FILING OF A RESOR DWELLING AND

RESORT CONDOMINIUMS RF
RESORT CONDOMINIUM COMPLIANCE MINIMUM APPLICABLE STANDARDS
FORM ACKNOWLEllGING I OF
E1P
REC NOTICE OF CERTAIN HOUSING AND
DEVELOPMENT STANDARDS PROVIDING FOR ENFORCEMENT AND PENALTIES
PROVIDING FOR DENIAL OF THE LOCAL BUSINESS TAX RECEIPT PROVIDING FOR
INCLl1SlON IN THE CODE OF ORDINANCES PROVIDING FOR SEVERAB1LlTY
FOR
PROV1pING CONFLICT PROVIDING AN CTIVE
FFF DATE HEREOF
F Attorney
Smith outlined how he would like to proceed He reviewed his suggested changes which
included amending the title where definitions were to be located in the Code Book and the
wording in the application Smith asked for latitude when revising the
process Attorney
ordinance it was the consensus of the Commission to let Attorney Smith proceed as he sees fit
Discussion ensued and included the Venice case definitions of dwellings for the
City of Venice
review of the of Beach definitions and drafting wording in order to protect
Flagier s
City the

City from lawsuits Dennis Bayer representing some shortterm rental owners spoke about the

history of the ordinance and referred to the City of s

Venice lawsuit Rinker material suit the
number of years the City has been aware of the problem and vested rights He requested the
Commission reject the proposal from Commissioner Vath the three year term to sunset the
on

continuation of use Attorney Bayer reviewed Roberts Rules of Order The following people

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from the audience came forward
give their opinion on the issue Sandra Mason Jackie
to

Mulligan Joanne Ricardi Linda Tilly William Christy Mary Locke Vicki Worrall Carla
Christy Carol Fisher Diane Spigahalter and John Smith Discussion continued again definition
of family enforceability not starting all over again the ordinance being a way to regulate the

rentals to pass the ordinance in order for the people who are doing this can continue to do so
those that do not can be stopped and the effective date Commissioner Mealy recessed the
meeting at 5
6 4 m
p The meeting reconvened at 0
7 7 m Commissioner McGrew wanted to
p

give the ordinance to Attorney Smith to make whatever adjustments or tweaking and move
forward with it as soon as possible Commissioner Feind wanted to move forward and after

speaking to a few people who are currently renting he felt much better about the minimum stay
Commissioner Provencher was in agreement with a seven day minimum in the ordinance
Commissioner Vath was in agreement with the seven day minimum stay Commissioner Vath

requested more information regarding phasing out the use Attorney Smith responded the person
owning the non
conforming use should be given enough time to recoup the investment based
expectation There was not a consensus to put in a phase out period in the ordinance Attorney
Smith was to research whether the grandfathering can legally be taken away with change in

ownership of the property and if there is a valid legal defense to place that in the ordinance
Attorney Smith was to come back with a draft that would reflect short term and long term rentals
being allowed in tourist commercial and general commercial zoning and not in single family
zoning Attorney Smith suggested adding language to include the owners making their property
available for a fire code inspection not less than annual basis and during reasonable business
hours The ordinance was to come back to the Commission for first reading at the September 2S
2008 at the
Regular Commission Meeting if possible

4 ADJOURNMENT Motion by Commissioner McGrew seconded Commissioner Vath

by
to adjourn the meeting at 7
31 p
m The motion carried unanimously

a e
Mealy Chair an

CZ r

Angela Apperson City Clerk

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