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City Council Business Meeting

Regular Meeting

Palm Coast, FL · April 2, 2024

AgendaMinutes

Minutes

City Hall City of Palm Coast 160 Lake Avenue Minutes Palm Coast, FL 32164 www.palmcoastgov.com City Council Business Meeting Mayor David Alfin Vice Mayor Ed Danko Council Member Cathy Heighter Council Member Nick Klufas Council Member Theresa Pontieri Tuesday, April 2, 2024 6:00 PM City Hall - Community Wing City Staff Lauren Johnston, Acting City Manager City Attorney Kaley Cook, City Clerk  Public Participation shall be in accordance with Section 286.0114 Florida Statutes.  Other matters of concern may be discussed as determined by City Council.  If you wish to obtain more information regarding the City Council’s agenda, please contact the City Clerk's Office at 386-986- 3713.  In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons needing a reasonable accommodation to participate in any of these proceedings or meeting should contact the City Clerk at 386-986-3713, at least 48 hours prior to the meeting.  City Council Meetings are streamed live on YouTube at https://www.youtube.com/user/PalmCoastGovTV/live.  It is proper meeting etiquette to silence all electronic devices, including cell phones while meeting is in session.  Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to hire a court reporter to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. A. CALL TO ORDER Mayor Alfin called the meeting to order at 6 p.m. B. PLEDGE OF ALLEGIANCE TO THE FLAG AND A MOMENT OF SILENCE C. ROLL CALL City Clerk Kaley Cook called the roll. All members were present. D. PROCLAMATIONS AND PRESENTATIONS 1. PROCLAMATION - APRIL 2024 AS PARKINSON'S AWARENESS MONTH City of Palm Coast Created on 4/10/24 16 Council Member Heighter presented the Proclamation to members of the Parkinsons of Flagler-Palm Coast group. Ms. Shoner shared thanks for the Proclamation and information about the group. 2. PROCLAMATION - APRIL 2024 AS WATER CONSERVATION MONTH Mayor Alfin presented the Proclamation to Gretchen Smith, St. Johns River Water Management District, Cynthia Schweers, Customer Service Manager, and Travis Sabatini, Meter Technician Supervisor. Ms. Smith shared information about the St. Johns River Water Management District and about water conservation. City Council moved to item 4 of the agenda. 3. PROCLAMATION - THE WEEK OF APRIL 14, 2024, AS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK This item was heard after item 4. Council Member Klufas presented the Proclamation to members of the Flagler County Sheriff’s Office. Christina Mortimer, Director of the Communications Center for the Flagler County Sheriff’s Office, shared about the dispatch center, and importance of the role of dispatchers. 4. PROCLAMATION - APRIL 2024 AS DISTRACTED DRIVING AWARENESS MONTH Council Member Pontieri presented the Proclamation to Commander Finn, Flagler County Sheriff’s Office, and Kyle Berryhill, Fire Chief. Chief Berryhill discussed the importance of safe driving. City Council then moved to item 3 of the agenda. 5. DISCUSSION - INTERIM CITY MANAGER Mayor Alfin opened the item and referenced the Acting City Manager Contract within the packet and asked if City Council Members had any questions about the contract. Vice Mayor Danko indicated that he would like to make a motion. Mayor Alfin looked to proceed with discussion first. City of Palm Coast Created on 4/10/24 17 Council Member Pontieri discussed her motion at the last Business Meeting, shared an issue with language within the contract, specifically, sections 2D and 2F, and wanted the language to be changed to termination with cause. Vice Mayor Danko discussed City Council’s authority to hire, and fire, a City Manager and City Attorney without cause, language within the Charter, and believed the topic to be discussed now is to appoint an Interim City Manager. Vice Mayor Danko looked to make a motion. Mayor Alfin reiterated the discussion thus far on the topic and asked Attorney Garganese to discuss the legality of the change to the contract and any potential issues. Attorney Garganese advised City Council on the topic as discussed. Mayor Alfin sought consensus on the language suggested by Council Member Pontieri. City Council and Attorney Garganese held additional discussion on language within the Charter. Council Member Pontieri made a motion to accept the contract with an amendment to the language to remove without cause. Council Member Pontieri discussed the language of her previous motion and required steps to reconsider a motion. Vice Mayor Danko discussed the automatic appointment of Ms. Johnston in Ms. Bevan’s absence. Attorney Garganese stated that the Charter language requires the City Council to appoint an Acting City Manager. Council Member Pontieri restated the motion to accept the contract, which has been placed on the agenda, with an amendment to sections 2D and 2F to state that Ms. Johnston can only be terminated with cause. The motion was seconded by Council Member Klufas. City Council held discussion on the motion. Mayor Alfin asked Attorney Garganese to clarify the motion, and the second, that is before Council for consideration to ensure that all Council Members are clear. The City Clerk restated the motion. Attorney Garganese discussed language within the Charter and the agreement being discussed. City of Palm Coast Created on 4/10/24 18 Council Member Klufas recommended the ability to remove an Interim City Manager, without cause, with a prerequisite that there be a City Council Workshop on the matter. City Council and Attorney Garganese discussed how the item may set a precedent. City Council held discussion on Council Policies and Procedures. Council Member Pontieri amended the motion to accept the contract as is, with the recognition that the motion that carried unanimously was to keep Lauren Johnston as the acting City Manager until a permanent City Manager is hired. Council Member Klufas seconded the amended motion and found it important that in the future, the topic be noticed to the public and discussed amongst Council. Public Comment: Peter Johnson agreed with Council Member Pontieri and Klufas, discussed a recent Public Records Request, terms of Ms. Bevan's contract, lack of performance reviews for Ms. Bevan as City Manager, setting standards on how to hire and fire a City Manager, and handling such situations in a more professional and appropriate manner. Kathy Austrino discussed the history of terminating former City Manager Landon, appearance of a hidden agenda, shared concern, discussed articles and rumors, and suggested that Council be very careful. Celia Pugliese discussed her history in Palm Coast, that there is nothing to learn from the County, that she would not like to see the former County Manager at the City, and discussed City Council going against the wishes of the residents. Bruce Stone discussed comments of previous Council Meetings and provided a response. Vice Mayor Danko commented on Ms. Johnston’s role as Assistant City Manager and favored bringing in someone from the outside as Interim City Manager. Council Member Heighter shared comments with Ms. Johnston about their working experience. Council Member Pontieri responded to the comments of Vice Mayor Danko. Mayor Alfin called for a roll call vote. The motion passed 3-2 with Vice Mayor Danko and Council Member Heighter dissenting. City of Palm Coast Created on 4/10/24 19 Mayor Alfin shared about discussions with the Florida League of Cities and that the information will be shared with Council. Mayor Alfin sought consensus to place this item on the next agenda. Council Member Klufas supported bringing the discussion forward at the next Workshop meeting. Council Member Pontieri discussed the process of going to the Florida League of Cities and believed that the responses should going to all City Council Members at the same time. Mayor Alfin responded that the City of Palm Coast has outgrown the Florida League of Cities’ ability for them to actively work with City Council on identifying a permanent City Manager. Mayor Alfin shared that he would ensure that any communication received will be copied to all City Council Members. Council Member Pontieri recommended that staff come forward at the next Workshop with details of the search process. Vice Mayor Danko made a motion to appoint Jerry Cameron as Interim City Manager and provided materials to City Council Members which have been attached to these minutes. Mayor Alfin asked if the motion needs any additional details. Attorney Garganese provided a response on the motion and steps to proceed. The motion failed for lack of second. E. PUBLIC PARTICIPATION Public Participation shall be held in accordance with Section 286.0114 Florida Statutes. And pursuant to the City Council’s Meeting Policies and Procedures: (1) Each speaker shall at the podium, provide their name and may speak for up to 3 minutes. (2) The Public may provide comments to the City Council relative to matters not on the agenda at the times indicated in this Agenda. Following any comments from the public, there may be discussion by the City Council. (3) When addressing the City Council on specific, enumerated Agenda items, speakers shall: (a) direct all comments to the Mayor; (b) make their comments concise and to the point; (c) not speak more than once on the same subject; (d) not, by speech or otherwise, delay or interrupt the proceedings or the peace of the City Council; (e) obey the orders of the Mayor or the City Council; and (f) not make any irrelevant, impertinent or slanderous comments while addressing the City Council; which pursuant to Council rules, shall be considered disorderly. (4) Any person who becomes disorderly or who fails to confine his or her comments to the identified subject or business, shall be cautioned by the Mayor and thereafter must conclude his or her remarks on the subject within the remaining designated time limit. City of Palm Coast Created on 4/10/24 20 Any speaker failing to comply, as cautioned, shall be barred from making any additional comments during the meeting and may be removed, as necessary, for the remainder of the meeting. Members of the public may make comments during the public comment portion of the meeting. Please be advised that public comment will only be permitted during the public comment portions of the agenda at the times indicated by the Chair during the meeting. Jeffrey Seib discussed a recent vote of the Flagler County School Board to close the Belle Terre Swim & Racquet Club and asked that the city find the means to help residents and keep the club open. Celia Pugliese spoke about the Belle Terre Swim & Racquet Club and did not support closing the pool, discussed budgets, and open positions and related pay. Mayor Alfin highlighted the expenditure reports which were available in the Council Chambers. Kathy Austrino provided a list of concerns to the City Clerk, which and have been attached to these minutes, and asked for updates related to sunshine violations. Gary Kunnas discussed the history of an item and conversations with staff and department requests for money. Crystal Kirkland discussed the Belle Terre Swim & Racquet Club and difficulty finding recreational activities and variety of amenities to enjoy. Additionally, Ms. Kirkland shared concern for Summer Camps that utilized the pool. Steve Carr discussed children playing on basketball courts at Holland Park and shared concern for traffic on Florida Park Drive. Mindy Melendez discussed the pool and suggested keeping the pool open until a YMCA can open. Marilyn Mack asked who establishes the City Manager salary, how the City Manager position works, discussed drainage issues, and the closing of the Belle Terre Swim & Racquet Club. Mayor Alfin asked Ms. Johnston to clarify who owns the pool. Ms. Johnston stated that the Belle Terre Swim & Racquet Club is under the ownership of the Flagler County School District, with the Flagler County School Board as the governing body. Ms. Johnston shared about discussions with the Flagler County Schools Superintendent on how we can collaborate on programs for residents. F. MINUTES 6. MINUTES OF THE CITY COUNCIL: MARCH 19, 2024, BUSINESS MEETING City of Palm Coast Created on 4/10/24 21 MARCH 26, 2024, SPECIAL BUDGET WORKSHOP MEETING Motion by Vice Mayor Danko, seconded by Council Member Pontieri, to approve the minutes of the March 19, 2024, Business Meeting. Motion by Vice Mayor Danko, seconded by Council Member Heighter, to approve the minutes of the March 26, 2024, Special Budget Workshop Meeting. Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter G. ORDINANCES SECOND READ 7. ORDINANCE 2024-11 AMENDING THE UNIFIED LAND DEVELOPMENT CODE - CHAPTER 3 ZONING USES, AND DIMENSIONAL STANDARDS, CHAPTER 12 SIGNS AND ADVERTISING, AND CHAPTER 14 GLOSSARY Estelle Lens, Senior Planner, provided a background of the item. Assistant City Attorney, Katie Reischmann, was available via zoom for questions. Council Member Pontieri thanked staff for clarifying the definitions as previously requested. Discussion was held on a draft brochure that will be available as a resource. Council Member Pontieri encouraged staff to be even in the enforcement of the Ordinance. Attorney Garganese read the title into the record. Public Comment: There were none. Pass Motion made to be adopted on second reading by Council Member Pontieri and seconded by Council Member Klufas Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter H. RESOLUTIONS 8. RESOLUTION 2024-53 APPROVING A CONTRACT WITH DOUGLAS LAW FIRM FOR LEGAL SERVICES City of Palm Coast Created on 4/10/24 22 Attorney Garganese read the title into the record and provided a brief background of the item. Council Member Pontieri requested clarification on items within the contract including non-adversarial versus adversarial, significant real estate transactions, and fees. Jeremiah Blocker, Managing Partner with Douglas Law Firm, clarified details of the contract as requested. Public Comment: Celia Pugliese sought clarification that the firm was not connected to Douglas Property & Development. Peter Johnson thanked the current legal firm for all of the work that they have done. Marilyn Mack asked if Douglas Law Firm had any connection to Byrndog and Douglas Property & Development and asked for the details of the February Emergency and Sole Source Purchases. Mayor Alfin responded that he would have staff follow up with the details. Pass Motion made to approve by Vice Mayor Danko and seconded by Council Member Pontieri Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter Motion by Vice Mayor Danko, seconded by Council Member Heighter, to accept the Transition Agreement with Garganese, Weiss, D’Agresta & Salzman. Council Member Pontieri thanked the firm of Garganese, Weiss, D’Agresta & Salzman and wished Ms. Borkert, former City Attorney, well. Public Comment: Celia Pugliese thanked the firm for long services and hoped that the new firm had experience in land development. 9. RESOLUTION 2024-52 APPROVING OMNIA PARTNERS CONTRACT RFP #08-22 WITH FERGUSON ENTERPRISES FOR CITYWIDE PURCHASES OF PLUMBING SUPPLIES, HVAC PRODUCTS, AND BUILDING SUPPLIES Attorney Garganese read the title into the record. Public Comment: There were none. Pass City of Palm Coast Created on 4/10/24 23 Motion made to approve by Council Member Pontieri and seconded by Vice Mayor Danko Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter I. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. There were none. J. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA Mayor Alfin stated that the city is on the precipice of a notable transition as we bid farewell to the dedicated service of Garganese, Weiss, D’Agresta, & Salzman Law Firm, who have faithfully served the city for nearly 17 years and extended gratitude for their support over the years. Mayor Alfin shared about Mr. Duffy, the city’s new attorney, and Douglas Law Firm. City Council extended thanks to Attorney Garganese and his firm. Council Pontieri discussed the Live Local Act and sought consensus to request that the new firm inform Council on how to insulate the city from negative impacts of the Act. Mayor Alfin agreed, discussed the legislation, and asked to reach out to lobbyist to seek their opinion. Vice Mayor Danko discussed the new legislation and requested a presentation at a future Workshop. K. DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA L. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA Ms. Johnston shared appreciation and thanks to Garganese, Weiss, D’Agresta, & Salzman Law Firm. M. ADJOURNMENT The meeting was adjourned at 7:59 p.m. Respectfully submitted by: Kaley Cook, CMC, FCRM City Clerk City of Palm Coast Created on 4/10/24 24 Attachments to April 2, 2024, Minutes 25 26 27 28

Agenda

City Hall City of Palm Coast 160 Lake Avenue Agenda Palm Coast, FL 32164 www.palmcoastgov.com City Council Business Meeting Mayor David Alfin Vice Mayor Ed Danko Council Member Cathy Heighter Council Member Nick Klufas Council Member Theresa Pontieri Tuesday, April 2, 2024 6:00 PM City Hall - Community Wing City Staff Lauren Johnston, Acting City Manager City Attorney Kaley Cook, City Clerk  Public Participation shall be in accordance with Section 286.0114 Florida Statutes.  Other matters of concern may be discussed as determined by City Council.  If you wish to obtain more information regarding the City Council’s agenda, please contact the City Clerk's Office at 386-986- 3713.  In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons needing a reasonable accommodation to participate in any of these proceedings or meeting should contact the City Clerk at 386-986-3713, at least 48 hours prior to the meeting.  City Council Meetings are streamed live on YouTube at https://www.youtube.com/user/PalmCoastGovTV/live.  It is proper meeting etiquette to silence all electronic devices, including cell phones while Council is in session.  Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to hire a court reporter to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE TO THE FLAG AND A MOMENT OF SILENCE C. ROLL CALL D. PROCLAMATIONS AND PRESENTATIONS 1. PROCLAMATION - APRIL 2024 AS PARKINSON'S AWARENESS MONTH 2. PROCLAMATION - APRIL 2024 AS WATER CONSERVATION MONTH 3. PROCLAMATION - THE WEEK OF APRIL 14, 2024, AS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK City of Palm Coast Created on 3/27/24 1 4. PROCLAMATION - APRIL 2024 AS DISTRACTED DRIVING AWARENESS MONTH 5. DISCUSSION - INTERIM CITY MANAGER E. PUBLIC PARTICIPATION Public Participation shall be held in accordance with Section 286.0114 Florida Statutes. And pursuant to the City Council’s Meeting Policies and Procedures: (1) Each speaker shall at the podium, provide their name and may speak for up to 3 minutes. (2) The Public may provide comments to the City Council relative to matters not on the agenda at the times indicated in this Agenda. Following any comments from the public, there may be discussion by the City Council. (3) When addressing the City Council on specific, enumerated Agenda items, speakers shall: (a) direct all comments to the Mayor; (b) make their comments concise and to the point; (c) not speak more than once on the same subject; (d) not, by speech or otherwise, delay or interrupt the proceedings or the peace of the City Council; (e) obey the orders of the Mayor or the City Council; and (f) not make any irrelevant, impertinent or slanderous comments while addressing the City Council; which pursuant to Council rules, shall be considered disorderly. (4) Any person who becomes disorderly or who fails to confine his or her comments to the identified subject or business, shall be cautioned by the Mayor and thereafter must conclude his or her remarks on the subject within the remaining designated time limit. Any speaker failing to comply, as cautioned, shall be barred from making any additional comments during the meeting and may be removed, as necessary, for the remainder of the meeting. Members of the public may make comments during the public comment portion of the meeting. Please be advised that public comment will only be permitted during the public comment portions of the agenda at the times indicated by the Chair during the meeting. F. MINUTES 6. MINUTES OF THE CITY COUNCIL: MARCH 19, 2024, BUSINESS MEETING MARCH 26, 2024, SPECIAL BUDGET WORKSHOP MEETING G. ORDINANCES SECOND READ 7. ORDINANCE 2024-XX AMENDING THE UNIFIED LAND DEVELOPMENT CODE - CHAPTER 3 ZONING USES, AND DIMENSIONAL STANDARDS, CHAPTER 12 SIGNS AND ADVERTISING, AND CHAPTER 14 GLOSSARY City of Palm Coast Created on 3/27/24 2 H. RESOLUTIONS 8. RESOLUTION 2024-XX APPROVING A CONTRACT WITH DOUGLAS LAW FIRM FOR LEGAL SERVICES 9. RESOLUTION 2024-XX APPROVING OMNIA PARTNERS CONTRACT RFP #08-22 WITH FERGUSON ENTERPRISES FOR CITYWIDE PURCHASES OF PLUMBING SUPPLIES, HVAC PRODUCTS, AND BUILDING SUPPLIES I. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. J. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA K. DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA L. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA M. ADJOURNMENT 10. AGENDA WORKSHEET AND CALENDAR City of Palm Coast Created on 3/27/24 3 City of Palm Coast, Florida Agenda Item Agenda Date: April 2, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: PROCLAMATION - APRIL 2024 AS PARKINSON’S AWARENESS MONTH Presenter: Mayor and City Council Attachments: 1. Proclamation Background: The City of Palm Coast would like to proclaim April 2024 as Parkinson’s Awareness Month. Recommended Action: PROCLAIM APRIL 2024 AS PARKINSON’S AWARENESS MONTH 4 City of Palm Coast, Florida Agenda Item Agenda Date: April 2, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: PROCLAMATION - APRIL 2024 AS WATER CONSERVATION MONTH Presenter: Mayor and City Council Attachments: 1. Proclamation Background: The St. Johns River Water Management District and the City of Palm Coast would like to proclaim the month of April as Water Conservation Month. Recommended Action: PROCLAIM APRIL 2024 AS WATER CONSERVATION MONTH 6 City of Palm Coast, Florida Agenda Item Agenda Date: April 2, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: PROCLAMATION - THE WEEK OF APRIL 14, 2024, AS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK Presenter: Mayor and City Council Attachments: 1. Proclamation Background: The City of Palm Coast would like to proclaim the week of April 14, 2024, as National Public Safety Telecommunicators Week. Recommended Action: PROCLAIM THE WEEK OF APRIL 14, 2024, AS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK 8 City of Palm Coast, Florida Agenda Item Agenda Date: April 2, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: PROCLAMATION - APRIL 2024 AS DISTRACTED DRIVING AWARENESS MONTH Presenter: Mayor and City Council Attachments: 1. Proclamation Background: The City of Palm Coast would like to proclaim April 2024 as Distracted Driving Awareness Month. Recommended Action: PROCLAIM APRIL 2024 AS DISTRACTED DRIVING AWARENESS MONTH 10 City of Palm Coast, Florida Agenda Item Agenda Date: April 2, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: DISCUSSION – INTERIM CITY MANAGER Presenter: Lauren Johnston, Assistant City Manager Attachments: 1. Draft Interim City Manager Employment Agreement Background: At the March 19, 2024, City Council Business Meeting, Palm Coast Mayor David Alfin made a motion to terminate City Manager Denise Bevan without cause, to use the Florida League of Cities and other sources to employ an interim manager with proven experience, and afterwards, and to commence the process to find a highly qualified person to manage the City consistent with community goals, vision, and values. The motion was approved by a 3-2 vote. At the March 19, 2024, City Council Business Meeting, Council Member Pontieri made a motion to appoint Lauren Johnston as Acting City Manager while Council looks for a permanent hire. The motion passed unanimously. A draft agreement has been attached to this item for City Council’s consideration. City staff is also seeking direction for next steps on hiring a permanent City Manager. Recommended Action: FOR COUNCIL DISCUSSION AND DIRECTION 12 City of Palm Coast, Florida Agenda Item Agenda Date: April 2, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: MINUTES OF THE CITY COUNCIL: MARCH 19, 2024, BUSINESS MEETING MARCH 26, 2024, SPECIAL BUDGET WORKSHOP MEETING Presenter: Kaley Cook, City Clerk Attachments: 1. Minutes (2) Background: Recommended Action: APPROVE MINUTES OF THE CITY COUNCIL: MARCH 19, 2024, BUSINESS MEETING MARCH 26, 2024, SPECIAL BUDGET WORKSHOP MEETING 17 City of Palm Coast, Florida Agenda Item Agenda Date: April 2, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: ORDINANCE 2024-XX AMENDING THE UNIFIED LAND DEVELOPMENT CODE - CHAPTER 3 ZONING USES, AND DIMENSIONAL STANDARDS, CHAPTER 12 SIGNS AND ADVERTISING, AND CHAPTER 14 GLOSSARY Presenter: Estelle Lens, AICP, Planner Attachments: 1. Ordinance 2. Draft brochure 3. Memo from City Attorney 4. Flagler County Association of Realtors (FCAR) Letter 5. FCAR Letter with Staff Responses 6. Temporary Sign Chart (with Prior Land Development Code Categories) 7. Citizen Correspondence 8. Business Impact Estimate Background: Back Chap UPDATED BACKGROUND FROM THE MARCH 19, 2024, CITY COUNCIL BUSINESS alon MEETING: been This item was heard by City Council at their March 19, 2024, Business Meeting. City Council workin suggested revising the definitions of temporary signs and permanent signs prior to the communi second reading of the Ordinance on April 2, 2024. addre communi Definitions as revised by the City Attorney and Staff and included in the Ordinance for The this second reading: propo Sign, Permanent: Any sign which is constructed of durable materials, solidly installed, The applied onto a building or structure or the ground by means of mounting brackets, bolts, case welds, or other combination of attachment methods, thereby rendering the sign non-movable requi or difficult to reposition without the use of machinery, cutting devices, or mechanical devices, Coast’s uncon and which, from the nature and effect of its proposed composition, construction, or its the proposed placement, would make it reasonable to determine that it was intended for allo continuous display for a prolonged period of time, and is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character,  condition (beyond normal wear and tear) and position and in a permanent manner affixed to  the ground, wall or building. A permanent sign may be a freestanding/monument, wall,  awning, or projecting sign. A Sign, temporary: A sign, banner, or advertising display constructed of paper, cardboard, chall cloth, canvas, light fabric, vinyl, corrugated plastic, wallboard or other light nondurable the materials, with or without frames, intended to be displayed for a finite period of time, which sign can be moved from place to place and is not permanently mounted to the ground or a The 36 building. Unless otherwise provided for in this Code, a sign with an intended use for a justificatio period of time related to an event shall be deemed a temporary sign. A banner and flag shall be deemed temporary signs. A sign erected for two weeks or less to advertise or Justice Thoma identify transitory events unless specifically permitted for a longer period by this LDC. content “depe Additionally, staff is currently working on an educational tool to assist in the identification of “need rights of way / property lines. A draft of the proposed brochure is attached. determin uncon had UPDATED BACKGROUND FROM THE MARCH 12, 2024, CITY COUNCIL WORKSHOP Gilbert MEETING: sign, This item was heard by City Council at their March 12, 2024, City Council Workshop regul Meeting. City Council requested an educational tool to assist with locating rights-of-way and property lines. Staff will present the tool to City Council at a future meeting. The interests ORIGINAL BACKGROUND FROM THE MARCH 12, 2024, CITY COUNCIL WORKSHOP even MEETING: narrow Chapter 12 of the Land Development Code – SIGNS AND ADVERTISING - was adopted that along with the balance of the Unified Land Development Code (LDC) in August 2008. It has laug been amended twice, once in 2009 and again in 2012. These amendments were made of $800,00 working with stakeholders to provide more flexibility for applicants in the development community. The sign code is being amended now to comply with changes in the law, Because address challenges and make the code less restrictive, more business friendly and more were community friendly. “strict stated The City Attorney’s Office has provided the following as a background for the required and sufficiently proposed changes to the City’s sign code: bein (i.e. church sig The U.S. Supreme Court changed the face of sign regulation by local governments in the case of Reed v. Gilbert, a unanimous decision. In the opinion of most experts, the decision The requires amendments to almost all local government codes, including the City of Palm if Coast’s code. The Supreme Court held that Gilbert’s sign restrictions were content based parts, unconstitutional regulations of speech that did not survive the highest level of scrutiny that regul the Court applies. The Town of Gilbert, Arizona sign code required permits for signs which is not a conten allowed a number of exemptions such as:  Political signs were permitted up to 32 square feet. Based  Temporary directional signs were only permitted up to 6 square feet. evalu  Ideological signs were allowed up to only 20 square feet. becau A local church was cited for violation of the rules for temporary directional signs and then Reed challenged the sign code for violating their First Amendment rights. The Town argued (and and the lower courts agreed) that the challenged regulations were content neutral, and that the might sign distinctions were based on objective factors and not the expressive content of the sign. the The distinctions did not favor nor censor a particular viewpoint or philosophy. And the than justification for the regulation was unrelated to the content of the sign. matters. Justice Thomas, writing for the Supreme Court, disagreed. He found the distinctions plainly Howe content based and therefore subject to strict scrutiny. The various type of sign distinctions and “depended entirely on the communicative content of the sign”. The Court articulated the more “need to read” standard, meaning if a code enforcement officer has to read the sign to Austin determine if a sign regulation applies to it, then the provision will be stricken as betwee unconstitutional. This was true despite the fact that it was evident to the Court that the Town still had benign motives in creating these sign categories. Put another way, the Court struck the the rights of w 37 Gilbert code because a particular sign was treated differently based on the purpose of the In sign, instead of on its size, shape, location, or other content neutral time, place and manner chall regulation. void. The Town attempted to address the strict scrutiny standard by offering two governmental Another interests to support its distinctions: aesthetic appeal and traffic safety. The Court held that Beach even if these distinctions were compelling governmental interests, the regulations were not States District narrowly tailored. Justice Kagan noted in her own opinion (concurring in the judgment only) protected that the Town’s distinctions did “not pass strict scrutiny, or intermediate scrutiny, or even the faciall laugh test.” The Court required the Town of Gilbert to pay Reed’s attorneys’ fees to the tune survive of $800,000. utilizi Café subse Because the Court found the sign code to have content-based regulations, the regulations were required to pass the “strict scrutiny” standard, and they failed. Most codes do, because Consi “strict scrutiny” is described as being just like a civil war stomach wound. The Court even Associatio stated that directional signs could only potentially be considered a lawful sign category if amend sufficiently valid reasons for allowing them could be articulated by the city. Sign codes are Staff being constitutionally contested throughout the court based on the “characterization” of signs stakehol (i.e., church signs; gas station signs; political signs). Associatio Commerce The Court attempted to reassure local governments that sign codes could withstand scrutiny if cities and counties limit regulation to regulation of size, building materials, lighting, moving The substantiv parts, and portability, if done in an even-handed manner. The Court recently found that  regulation based on location was a valid way to regulate signs, so that banning off-site signs  is not a content-based regulation.   Based on the Reed analysis, time restrictions on temporary signs must be carefully  evaluated. For example, temporary signs cannot be severely limited in number or duration, case law because that regulation would unlawfully impact political and real estate signs.  upon Reed shows the degree to which courts will now scrutinize a city’s efforts to regulate signs by provid and how those regulations impact free speech. Any code provisions in the City code that  might show content bias must be amended to remove those distinctions. Cities are left, in currently pro the wake of Reed, with being forced to err on the side of allowing for less restrictive, rather  than more restrictive, sign regulations, until the courts provide more guidance on these  matters. and un However, Reed did not explicitly overrule prior Supreme Court precedent allowing off site and on-site signs to be treated differently or permitting commercial signs to be regulated The more strictly than non-commercial signs, as demonstrated in the case involving the City of uses. Austin recently decided by the U.S. Supreme Court, which upheld Austin’s distinction between “on-site” and “off-site” signs. Another bright note is that it appears that so far cities still have the ability to choose the content of “government” signs on their own property and in the rights of way. Plus, lower courts have limited Reed’s application to temporary signs only. Summary In conclusion, it behooves the City to amend its sign code or the City will be vulnerable to a challenge. If contested on constitutional grounds and the City loses, the sign code becomes void. Another case impacting sign codes is Sweet Sage Café, LLC v. Town of North Redington Beach a case from the Middle District of Florida, Tampa Division. In this case, the United States District Court ruled that the town’s ordinance infringed on the right of free speech protected by the U.S. Constitution. Specifically, the Court ruled that the ordinance was facially unconstitutional because it regulated based on content of the speech and could not 38 survive the strict scrutiny test. As a result, the town’s sign code was voided by the Court utilizing the precedent in the Reed v. Town of Gilbert case. The attorney for Sweet Sage Café subsequently filed suit in federal court asking for legal fees. Considering these factors, Staff and the Assistant City Attorney met with the Flagler County Association of Responsible Developers (FCARD) nine times to hammer out these sign code amendments several years ago. Subsequently, in August and September of this year, City Staff met two times with other stakeholders to help modify these amendments. The stakeholders at the meetings this year included members from the Flagler County Association of Realtors (FCAR) and the Palm Coast-Flagler Regional Chamber of Commerce, local attorneys, and FCARD. The substantive changes to the sign code are primarily as follows:  Revising Purpose & Intent to reflect new findings on signage.  Revising Exempt and Prohibited Signs, exempting temporary signs from permitting.  Correcting glitches.  Deleting content-based definitions and replacing with new location-based qualifiers.  Government signs are no longer regulated by the City sign code, in keeping with case law.  Revising Temporary Signs, to genericize the categories. Signs are regulated based upon the zoning district in which the sign is placed. Simplified categories of temporary signs by providing a table.  Generally, signs that are currently permitted will remain permitted, and signs that are currently prohibited will remain prohibited.  Revising Glossary for commercial and temporary signage.  The text of the regulations are outlined in the attached draft Ordinance in cross- out and underline format. The ordin The amendments do not modify the amount or type of site or wall signage for commercial right-of-wa uses. Also, the regulation regarding Commercial banners is not modified. Summary of Stakeholder and Board Meetings to date:  August 22, 2023 – First Stakeholder meeting - The Flagler County Association of Realtors (FCAR) presented their recommendations for Open House Signs. - A Flagler County Association of Responsible Developers (FCARD) member brought up the issue of signage in a commercial subdivision. Section 12.05.02.B.2.a. has subsequently been amended to allow an additional sign for certain parcels based upon their location in the subdivision.  September 26, 2023 – Second Stakeholder meeting - The FCAR recommendations were discussed. The City is complying with, or exceeding, all their requests except allowing signs in the right of way (ROW)  October 18, 2023 – Planning and Land Development Regulation Board (PLDRB) Workshop - Only one suggestion was made which was for the Temporary Sign Chart - Section 12.06. Table B. in the category for Signs for Parcels with active site/building permits. The request, which is now being proposed, is for a maximum size of 6 SF (vs. 4 SF) to match the other categories. 39  November 14, 2023 – City Council Workshop - The discussion at this public hearing centered on whether to allow signage in the City right of way (ROW). Council asked the City Attorney to research legal cases involving signage in the ROW. The City Attorney subsequently prepared a memo which is enclosed.  January 25, 2024 – Beautification and Environmental Advisory Committee (BEAC) meeting - The BEAC was “in agreeance (with prohibiting signs in the ROW) as that would pose too many safety concerns and also a lot of logistical issues that would be a nightmare.” - The BEAC recommended by a 3-0 vote to approve the ordinance amending the sign code as presented, which prohibits any sign located within a right-of-way as regulated in Land Development Code Chapter 12.  February 21, 2024 – Planning and Land Development Regulation Board (PLDRB) Business Meeting - The PLDRB recommended by a vote of 7 - 0 to have City Council adopt the proposed ordinance amending the sign code as presented, which prohibits any sign located within a right-of-way as regulated in Land Development Code Chapter 12. Recommended Action: THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD (PLDRB) RECOMMENDED BY A VOTE OF 7 - 0 TO HAVE CITY COUNCIL ADOPT THE PROPOSED ORDINANCE AMENDING THE UNIFIED LAND DEVELOPMENT CODE - CHAPTER 3 ZONING USES, AND DIMENSIONAL STANDARDS, CHAPTER 12 SIGNS AND ADVERTISING, AND CHAPTER 14 GLOSSARY 40 City of Palm Coast, Florida Agenda Item Agenda Date: April 2, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: RESOLUTION 2024-XX APPROVING A CONTRACT WITH DOUGLAS LAW FIRM FOR LEGAL SERVICES Presenter: Lauren Johnston, Acting City Manager Attachments: 1. Resolution 2. Contract 3. Transition Background: UPDATED BACKGROUND FROM THE MARCH 5, 2024, BUSINESS MEETING: At the March 5, 2024, Business Meeting, City Council provided direction to staff to negotiate a contract with Douglas Law Firm for legal services. The contract is attached to this item for City Council’s consideration. UPDATED BACKGROUND FROM THE FEBRUARY 20, 2024, WORKSHOP MEETING: City Council heard the four presentations and conducted a question-and-answer session with each firm. Ms. Johnston enumerated the next several steps in the process, beginning with an evaluation of the proposals to rank and select a firm. City Council provided consensus and direction to move forward with the next step at the earliest Business Meeting. A ranking sheet for use during the evaluation process is attached to this agenda item. UPDATED BACKGROUND FROM THE DECEMBER 12, 2023, WORKSHOP MEETING: City Council provided consensus and direction to move forward with the request for proposals at the December 12, 2023, Workshop Meeting. The City received four proposals: Douglas Law Firm, Fishback Dominick Attorneys and Counselors at Law, GrayRobinson, and Vose Law Firm. Per City Council’s request at the February 6, 2024, Business Meeting, the proposal submitters will be in attendance to provide a presentation and hold a question- and-answer session with City Council. UPDATED BACKGROUND FROM THE NOVEMBER 28, 2023, SPECIAL WORKSHOP MEETING: City Council held a Special Workshop on November 28, 2023, to discuss the legal service options for the City of Palm Coast. Per City Council’s direction, Ms. Johnston will provide a draft Request for Proposals for Council’s consideration. ORIGINAL BACKGROUND FROM THE NOVEMBER 28, 2023, SPECIAL WORKSHOP MEETING: The primary purpose of this special meeting is to discuss legal service options for the City of Palm Coast. The necessity for this discussion arises from the recent decision of the current City Attorney accepted a position elsewhere. To maintain continuity of 117 coverage to the appropriate level of service for the City of Palm Coast, Ms. Johnston will provide an update on the City’s current attorney services provider, Garganese, Weiss, D’Agresta, & Salzman, P.A., and additional options related to attorney services. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A CONTRACT WITH DOUGLAS LAW FIRM FOR LEGAL SERVICES 118 City of Palm Coast, Florida Agenda Item Agenda Date: April 2, 2024 Department PUBLIC WORKS Amount Over $50K Division FACILITIES MAINTENANCE, Account # 65035012-052000, FACILITIES FIRE 65035012-052000- 99042 Subject: RESOLUTION 2024-XX APPROVING OMNIA PARTNERS CONTRACT RFP #08-22 WITH FERGUSON ENTERPRISES FOR CITYWIDE PURCHASES OF PLUMBING SUPPLIES, HVAC PRODUCTS, AND BUILDING SUPPLIES Presenter: Matthew Mancill, Director of Public Works Attachments: 1. Resolution 2. Contract Executive Overview Background: Council Priority: B. Safe & Reliable Services The City of Palm Coast’s Public Works Department is seeking approval for piggybacking Omnia Partners Contract RFP #08-22 with Ferguson Enterprises for Citywide Purchases of plumbing supplies, HVAC products, and building supplies. Piggybacking the contract will empower the City of Palm Coast to effectively maintain and repair its facilities by acquiring essential products required for these purposes. This includes plumbing supplies, HVAC products, and various building materials. Key building systems such as plumbing, HVAC, electrical, and infrastructure are vital for the safety and reliability of City facilities. Enabling City staff to procure necessary items for the maintenance and repair of these systems ensures the continued functionality and safety of City facilities. Piggybacking also provides the advantage of securing better pricing in comparison to independently soliciting bids. By leveraging this existing contract, the City of Palm Coast can benefit from competitive pricing and streamlined procurement processes. Contract Details: The piggybacked contract will be effective from the approved date through April 30, 2025, with two additional 1-year renewals, concluding on April 30,2027. The piggyback contract with Ferguson Enterprises is based on a per unit price basis. Purchases will be made on an as-needed basis using budgeted funds appropriated by the City Council. Funding: The Fiscal Year 2024 budget includes available funding in the City's Facilities Maintenance and Facilities Fire budgets to cover the costs of these supplies. Please refer to the Source of Funds Worksheet for a detailed breakdown of the allocated funds. 135 Recommendation: We recommend approving the piggyback contract with Omnia Partners Contract RFP #08-22 to facilitate the procurement of plumbing supplies, HVAC products, and building supplies for the City of Palm Coast. This will not only ensure the efficient maintenance of City facilities but also provide cost-effective solutions through the utilization of an established contract. Source of Funds Worksheet FY 2024 Facilities Maintenance-Operating Supplies Fund 65035012-052000 $140,620.00 Total Expended/Encumbered to Date $88,367.86 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $33,984.00 Balance $18,268.14 Facilities Fire-Operating Supplies Fund 65035012-052000-99042 $17,000.00 Total Expended/Encumbered to Date $14,924.06 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $2,000.00 Balance $75.94 Recommended Action: RESOLUTION 2024-XX APPROVING OMNIA PARTNERS CONTRACT RFP #08-22 WITH FERGUSON ENTERPRISES FOR CITYWIDE PURCHASES OF PLUMBING SUPPLIES, HVAC PRODUCTS, AND BUILDING SUPPLIES 136

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