City Council Business Meeting
Regular MeetingPalm Coast, FL · April 2, 2024
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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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Attachments to April 2, 2024, Minutes
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26
27
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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
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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
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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
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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
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