City Council Business Meeting

Name: City Council Business Meeting — Palm Coast, FL
Start: 2025-01-07T18:00:00
End: 2025-01-07T20:00:00
Location: Palm Coast, FL

Regular Meeting

Palm Coast, FL · January 7, 2025

Agenda Minutes

Minutes

City Hall City of Palm Coast 160 Lake Avenue Minutes Palm Coast, FL 32164 www.palmcoastgov.com City Council Business Meeting Mayor Michael Norris Vice Mayor Theresa Pontieri Council Member Charles Gambaro Council Member Ty Miller Council Member Ray Stevens Tuesday, January 7, 2025 6:00 PM City Hall - Community Wing City Staff Lauren Johnston, Acting City Manager Marcus Duffy, 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/@PalmCoastFL. 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 Mayor Norris called the meeting to order at 6:00 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. 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: City of Palm Coast Created on 1/14/25 6 (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. Mayor Norris provided the rules and procedures of public comment. Ken McDowell wished a Happy New Year, spoke of a note delivered to his home which was a letter from a former employee, wanted to know if anything would come of the letter, and wanted City Council to investigate the problem. Leslie Johnson shared that she also received the letter, shared concerns listed within the letter, discussed a lack of transparency, wanted to start the new year by looking at the letter, asked who shared the information with the media, and supported an internal investigation. Emily Fields asked for reconsideration of the commercial vehicle ordinance, shared the importance of blue-collar workers in the community, believed the existing regulations to be burdensome, shared prior Council discussion on the topic, and discussed a House Bill. Vice Mayor Pontieri sought consensus on re-addressing the vehicle ordinance. City Council concurred. Mayor Norris replied to comments to share that they have received the letter, and it is being addressed within the proper forum. E. MINUTES City of Palm Coast Created on 1/14/25 7 1. MINUTES OF THE CITY COUNCIL: DECEMBER 17, 2024, BUSINESS MEETING Pass Motion made to approve by Council Member Gambaro and seconded by Council Member Miller Approved - 5 - Mayor Michael Norris, Vice Mayor Theresa Pontieri, Council Member Charles Gambaro, Council Member Ty Miller, Council Member Ray Stevens F. ORDINANCES SECOND READ 2. ORDINANCE 2025-01 AMENDING CITY OF PALM COAST ORDINANCES, CHAPTER 17, COMMUNITY DEVELOPMENT; AS AMENDED, TO ADD ARTICLE V, SHORT-TERM VACATION RENTALS City Attorney Duffy read the title into the record. Council Member Gambaro sought to move forward with discussion and to provide an amendment to the Ordinance. Vice Mayor Pontieri called a point of order to clarify if Council Member Gambaro is moving to approve the Ordinance as written or moving to approve the Ordinance with an amendment. Council Member Gambaro replied that he moves to approve the Ordinance with an amendment, shared comments, did not believe the owner/operator should be exempt from the enforcement of the rules being discussed, and outlined the amendment that owner/operator living in home be excluded in the allowable number of people. Council Member Gambaro reiterated the motion to approve the Ordinance with an amendment to the guest limit for in-home owners/operators. City Attorney Duffy held discussion with Council Member Gambaro to clarify the details of the motion. Council Member Gambaro provided the following language to amend the Ordinance: “The short-term rental person limit does not apply to in-home operators of single-family dwellings occupied on a full-time basis by the owner as an on-premises permanent resident that has been declared, and continues to be declared, as a homestead by the property appraiser.” Council Member Stevens seconded the motion and continued discussion to share a contradiction in the current Ordinance language regarding sleeping rooms and the maximum occupancy, and an arbitrary cut off at 10 people. City of Palm Coast Created on 1/14/25 8 Mayor Norris looked to narrow the discussion down and asked if the Council Member’s point is the number of people or the homestead exempt properties. Council Member Gambaro replied that it is the number of people. Council Member Miller sought to go to public comment on the item. Mayor Norris shared that he is aware of only 3 people who have shown contention for the proposed policy, shared details of the discussion he had with residents, and the opposing opinion main issue being the maximum occupancy and effects to their bottom line on how much they can make from the short-term rental. Mayor Norris asked Attorney Duffy for the appropriate procedure for voting on the topic and motion. Vice Mayor Pontieri shared that she met with Mr. & Mrs. Davisson, understood their position, highlighted that these are residential neighborhoods, and shared her fear with the proposed amendment opening the ability to skirt the process. Mayor Norris shared that he would like to amend the maximum occupancy to not apply to children from 0-3 years of age. Public Comment: Roger Cressi, part of the Canal Community Coalition (CCC), thanked City Council for the hard work so far, wanted to see the Ordinance adopted after months in the process, shared concern for the maximum number of people, discussed the inaccuracy of short-term rental numbers, shared that 40 of the rentals have had complaints over the last 6 months, asked for Council’s consideration in a balanced way, and believed this Ordinance to be fair. Joel Davisson agreed with residents of the C section, understood the issue with non-resident ownership, explained that his family wants to be good neighbors and good hosts, wanted an exemption for in-home owner/operators, and believed children 10 and under should not be counted. Kathy Davisson shared prior experiences as a short-term rental host, wanted to know why the City can't make exceptions for people who are following the law, wanted council to consider 12-14 people, and shared that she is fighting for her business that she has run successfully. Mike Solara encouraged setting limit on the amount of people, the potential for people to bend the rules, encouraged penalization for owners not following rules, and supported the amendment of 0-3 years old to not be included in the limit. Quinn Cressi wanted to address the age limit for children, shared concern for family reunions, homes built as venues, and discussed small businesses in residential neighborhoods and regulations placed on other small businesses. Debra Alexander asked who will police owners living in the homes, shared about cars parking in the yard and swales, people staying in a home and motorhome City of Palm Coast Created on 1/14/25 9 with additional people in the driveway, people forgetting that these are residential areas, and wanted to know who would enforce the policies. Mark Stancel encouraged a limit on the number of people and enforcement of violations. Sherry Montgomery discussed the difference between an entire home short-term rental versus the room rentals for in-home owner/occupant. Jeremy Davis shared that he has a short-term rental on his street, discussed lack of enforcement, and that he is expecting more actions from the Mayor. Eric Josten supported the change for the children’s age to 3 years old, shared that residential homes do not accommodate more than 10 people, problems with parking, infrastructure, business owners lobbying for themselves, and renters asking the in-home owners to leave, as described by previous speakers. Gary Alexander thanked the City Council, discussed the limit of 10 in the home or on the property, shared that people also stay in motor homes on the property, discussed the City Ordinance that limits how many days a homeowner can have a motorhome parked in the driveway and asked if the policy applies to short-term rentals. Denise Henry encouraged a grandfather clause for the Davissons, STR issues every day of the week and taking that into consideration. John Nukowski stated that we've been revisiting this since July and felt like we should be past this by now, believed 10 people is a lot, shared about constant noise, businesses in a residential neighborhood, and believed 1 year old and under should remain. Russ Boley shared that an issue that has not been addressed for the number of people is also the number of cars, parking in swales, and encouraged the topics as part of the discussion. Mayor Norris responded that the items are outlined in the Ordinance. Council Member Stevens raised a point of clarification, stating that everything that has been requested during public comment is in the ordinance, and that the item for discussion and consideration is the maximum number of people. Council Member Miller understood that there are good short-term rental operators who abide by the rules, but there must be a line that is drawn somewhere and believed that there will always be people not happy with the line drawn. Council Member Miller was open to the changes to age and asked the City Attorney if the change constitutes a major change requiring an additional reading of the Ordinance. Attorney Duffy replied for that specific change, no, and shared about procedure. City of Palm Coast Created on 1/14/25 10 Council Member Gambaro reiterated that he understands the resident concerns but is trying to strike a balance with the business community. Mayor Norris replied to public comment to share about the parking limit, did not support grandfathering in certain rentals, and asked the City Attorney to reiterate the amendment to the ordinance. City Attorney Duffy stated that the motion is to amend the ordinance to allow that in-home operators not apply to the maximum capacity requirements of 10. Mayor Norris called for a roll call vote. Failed Motion made to be adopted as amended on second reading by Council Member Gambaro and seconded by Council Member Stevens Denied - 3 - Mayor Michael Norris, Vice Mayor Theresa Pontieri, Council Member Ty Miller Approved - 2 - Council Member Gambaro, Council Member Ray Stevens Mayor Norris sought to move forward with an amendment to the motion to change the age for children from zero to three years old. Vice Mayor Pontieri made a motion to approve the ordinance with an amendment to section 17-71, maximum occupancy, to allow for zero to three years of age. The motion was seconded by Council Member Miller. Public Comment: Quinn Cressi shared concern for the change. Mayor Norris shared that this is only the second time that most of this Council has seen the ordinance and believed that the Council is being reasonable. Council Member Gambaro asked if this is another exception to the rule and to consider if it should just be passed as written. Mayor Norris did not believe so, shared issues from short-term rentals, and believed Council was being more than reasonable. Vice Mayor Pontieri agreed with Mayor Norris that the Ordinance needs to be approved, believed there are things on both sides that people want to be worked on, and shared the potential of permits for special exceptions in the future. Attorney Duffy reiterated the amendment as motioned to change the exception for children from zero to 1 years of age, to zero to three years of age to not be applied to the maximum capacity. Pass Motion made to be adopted as amended on second reading by Vice Mayor Pontieri and seconded by Council Member Miller City of Palm Coast Created on 1/14/25 11 Approved - 5 - Mayor Michael Norris, Vice Mayor Theresa Pontieri, Council Member Charles Gambaro, Council Member Ty Miller, Council Member Ray Stevens G. ORDINANCES FIRST READ 3. ORDINANCE 2025-XX AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, RETIREMENT, DIVISION 2, VOLUNTEER FIREFIGHTER RETIREMENT SYSTEM AND TRUST FUND City Attorney Duffy read the title into the record. Ms. Johnston outlined the updates to the Ordinance and shared that Fire Chief Berryhill was not able to present the item as scheduled due to Department related emergency. Public Comment: Richard Killig asked what the ordinance is. Mayor Norris responded to provide the details. Pass Motion made to approve by Council Member Gambaro and seconded by Vice Mayor Pontieri Approved - 5 - Mayor Michael Norris, Vice Mayor Theresa Pontieri, Council Member Charles Gambaro, Council Member Ty Miller, Council Member Ray Stevens H. RESOLUTIONS 4. RESOLUTION 2025-05 SHORT TERM RENTAL FEE STRUCTURE City Attorney Duffy read the title into the record. Jason DeLorenzo, Chief of Staff, outlined the item for City Council. Vice Mayor Pontieri asked about the annual fee, breakdown of fees, due dates for fees, and plan for monitoring. Mayor Norris shared about an email received regarding a related software and encouraged a cost-benefit analysis. Mr. DeLorenzo provided a response to Council comments and questions. City of Palm Coast Created on 1/14/25 12 Public Comment: Denise Henry asked if City Council is considering putting a limit on the number of certificates someone can get, shared the need to consider putting a limit on the number of certificates, and shared policy from South Carolina. Mayor Norris understood the comments and the consideration. Mayor asked Ms. Johnston to make a note of the suggestion. Mark Stancel discussed the breakdown of fees, shared an army mentality to keep things simple, and believed the City’s process to be backwards. Pass Motion made to approve by Vice Mayor Pontieri and seconded by Council Member Gambaro Approved - 5 - Mayor Michael Norris, Vice Mayor Theresa Pontieri, Council Member Charles Gambaro, Council Member Ty Miller, Council Member Ray Stevens Attorney Duffy shared that we cannot limit the number of short-term rentals per the Statutes. 5. PRESENTATION - AMERICANS WITH DISABILITIES ACT Ms. Johnston provided a background of the item. Virginia Smith, Land Management Administrator and ADA Coordinator, Carrie Todd, Community Center Supervisor, and Zachary Bauer, IT Senior Programmer, presented the topic to City Council. Topics presented included: brief description of ADA, department updates, responsibility, Citywide compliance, achieving compliance, creating a transition plan, benefits to compliance, exceptions to ADA regulations, training, number of public views, and options for success. City Council held discussion on the following topics: noting compromises that were made for short-term rentals, current level of compliance, live closed captioning, cost for software enhancements, utilizing staff, future discussions on the items presented, grant funding, and request for budgetary details. Public Comment: Leslie Johnson complimented the presentation, appreciated the recognition of the deaf community, and recommended visible and evident reminders that these services are available. Ms. Smith responded to Council comments and questions. 6. RESOLUTION 2025-02 REPEAL AND REPLACE HOUSING AND URBAN DEVELOPMENT (HUD) SECTION 504 POLICY City of Palm Coast Created on 1/14/25 13 City Attorney Duffy read the title into the record. Jacqueline Gonzalez, Site Development Coordinator I, presented the topic to City Council. Topics presented included: details of the policy, updates, and recommendation. Public Comment: There were none. Pass Motion made to approve by Council Member Gambaro and seconded by Council Member Miller Approved - 5 - Mayor Michael Norris, Vice Mayor Theresa Pontieri, Council Member Charles Gambaro, Council Member Ty Miller, Council Member Ray Stevens 7. RESOLUTION 2025-XX AMENDING POLICIES RELATING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS AFFIRMATIVE ACTION PLAN Attorney Duffy shared that the item was withdrawn by staff. 8. RESOLUTION 2025-04 AMENDING CITY COUNCIL POLICIES AND PROCEDURES City Attorney Duffy read the title into the record and provided a background. Ms. Johnston discussed the workshop schedule and recommended a changed to the schedule to be as follows: First Tuesday of the month (Business Meeting) – 6:00 p.m. Second Tuesday of the month (Workshop Meeting) – 6:00 p.m. Third Tuesday of the month (Business Meeting) – 9:00 a.m. Fourth Tuesday of the month (Workshop Meeting) – 9:00 a.m. Ms. Johnston recommended an effective date of February. Council concurred. Public Comment: There were none. Pass Motion made to approve by Council Member Gambaro and seconded by Vice Mayor Pontieri Approved - 5 - Mayor Michael Norris, Vice Mayor Theresa Pontieri, Council Member Charles Gambaro, Council Member Ty Miller, Council Member Ray Stevens City of Palm Coast Created on 1/14/25 14 I. CONSENT Mayor Norris outlined the items on consent. Public Comment: There were none. Pass Motion made to be adopted on consent by Vice Mayor Pontieri and seconded by Ty Miller Approved - 5 - Mayor Michael Norris, Vice Mayor Theresa Pontieri, Council Member Charles Gambaro, Council Member Ty Miller, Council Member Ray Stevens 9. RESOLUTION 2025-01 APPROVING PIGGYBACKING THE CONTRACT BETWEEN STRYKER SALES, INC., AND EAGLE COUNTY HEALTH SERVICES DISTRICT DBA EAGLE COUNTY PARAMEDIC SERVICES 10. RESOLUTION 2025-03 AMENDING AN INTERLOCAL AGREEMENT WITH THE FLAGLER COUNTY BOARD OF COMMISSIONERS FOR ENHANCED 911 ADDRESSING J. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. Leslie Johnson believed rules and Ordinances are important and appreciated the changes and recommended enforcement of such Ordinances. Bruce Stone discussed traffic timing signal issues around the City. Eddie Lang invited Council to ribbon cutting for Vincent’s Clubhouse Enrichment Center. Vice Mayor Pontieri asked for staff to do a press release. Mark Stancel discussed enforcement of codes and encouraged a proactive approach to enforcement. Denise Henry believed shared traffic signal issues and encouraged review by the transportation department. K. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA Council Member Stevens replied to Mr. Stone to share that cycle signals are too long and shared about lengthy traffic on SR 100. City of Palm Coast Created on 1/14/25 15 Council Member Miller replied to a public comment to discuss the enforcement of code and his preference for active versus passive and discussed traffic signal timing. Vice Mayor Pontieri recognized staff members for a Veterans Day parade, shared about topics previously discussed regarding the Frieda Zamba Pool and facilities assessment, the Palm Coast Aquatics Center not being ADA compliant, and encouraged the Council to be very mindful that future facilities are compliant, also noting that it is something that would need to be addressed. Council Member Gambaro spoke about the pool, outlined priority for a YMCA facility, potential options, sought consensus for staff to research options and bring them forward, shared about the financials for the Palm Harbor Golf Course, financial losses, and sought consensus for discussion on how to run it better or review the potential of selling, discussed turn lanes, and wanted to take a comprehensive look during the budget season. Mr. Stevens replied to ADA compliance at Frieda Zamba and believed the pool needed to be repaired not replaced. Mayor Norris asked for the items to be added to a future workshop for discussion. Vice Mayor Pontieri discussed the turning lanes, shared about her correspondence with staff, and sought a Strategic Action Plan priority to inventory turn lane needs in the City. Mayor Norris shared that a big problem we are having is SR-100. Ms. Johnston shared about an upcoming Council Workshop where FDOT will be present and encouraged raising the concerns at that time. Ms. Johnston shared an update for a Fire Police member who was hurt during the meeting. City Council shared prayers and thoughts for the injured member. Mayor Norris shared Mayor office hours and contact information. L. DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA City Attorney Duffy shared about the upcoming funeral service for President Carter and encouraged observing the event. M. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA Ms. Johnston shared about an upcoming delegation meeting where the City will be presenting the adopted priorities. Additionally, Ms. Johnston believed it would be beneficial for the Council to receive a presentation on the Comprehensive City of Palm Coast Created on 1/14/25 16 Plan, process, and State guidance. City Council concurred to add the presentation to a future workshop. Vice Mayor Pontieri shared her concerns with the Comprehensive Plan, seeking to include details of the Master Planned Development (MPD) mixed-use and new elements in the workshop. Mayor Norris supported including the requested information in the upcoming workshop presentation. N. ADJOURNMENT The meeting was adjourned at 8:32 p.m. Respectfully submitted by: Kaley Cook, CMC, FCRM City Clerk City of Palm Coast Created on 1/14/25 17

Agenda

City Hall City of Palm Coast 160 Lake Avenue Agenda Palm Coast, FL 32164 www.palmcoastgov.com City Council Business Meeting Mayor Michael Norris Vice Mayor Theresa Pontieri Council Member Charles Gambaro Council Member Ty Miller Council Member Raymond Stevens Tuesday, January 7, 2025 6:00 PM City Hall - Community Wing City Staff Lauren Johnston, Acting City Manager Marcus Duffy, City Attorney Kaley Cook, City Clerk x Public Participation shall be in accordance with Section 286.0114 Florida Statutes. x Other matters of concern may be discussed as determined by City Council. x If you wish to obtain more information regarding the City Council’s agenda, please contact the City Clerk's Office at 386-986- 3713. x 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. x City Council Meetings are streamed live on YouTube at https://www.youtube.com/@PalmCoastFL. x It is proper meeting etiquette to silence all electronic devices, including cell phones while Council is in session. x 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. 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, City of Palm Coast Created on 1 there may be discussion by the City Council. (3) Public speakers may address their comments to the Council as a whole, the Mayor, or to an individual Council Member (4) When addressing the City Council on specific, enumerated Agenda items, speakers shall: (a) make their comments concise and to the point; (b) not speak more than once on the same subject; (c) not, by speech or otherwise, delay or interrupt the proceedings or the peace of the City Council; (d) obey the orders of the Mayor or the City Council; and (e) not make any irrelevant, impertinent or slanderous comments while addressing the City Council; which pursuant to Council rules, shall be considered disorderly. (5) 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. E. MINUTES 1. MINUTES OF THE CITY COUNCIL: DECEMBER 17, 2024, BUSINESS MEETING F. ORDINANCES SECOND READ 2. ORDINANCE 2025-XX AMENDING CITY OF PALM COAST ORDINANCES, CHAPTER 17, COMMUNITY DEVELOPMENT; AS AMENDED, TO ADD ARTICLE V, SHORT-TERM VACATION RENTALS G. ORDINANCES FIRST READ 3. ORDINANCE 2025-XX AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, RETIREMENT, DIVISION 2, VOLUNTEER FIREFIGHTER RETIREMENT SYSTEM AND TRUST FUND H. RESOLUTIONS 4. RESOLUTION 2025-XX SHORT TERM RENTAL FEE STRUCTURE 5. PRESENTATION - AMERICANS WITH DISABILITIES ACT City of Palm Coast Created on 2 6. RESOLUTION 2025-XX REPEAL AND REPLACE HOUSING AND URBAN DEVELOPMENT (HUD) SECTION 504 POLICY 7. RESOLUTION 2025-XX AMENDING POLICIES RELATING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS AFFIRMATIVE ACTION PLAN 8. RESOLUTION 2025-XX AMENDING CITY COUNCIL POLICIES AND PROCEDURES I. CONSENT 9. RESOLUTION 2025-XX APPROVING PIGGYBACKING THE CONTRACT BETWEEN STRYKER SALES, INC., AND EAGLE COUNTY HEALTH SERVICES DISTRICT DBA EAGLE COUNTY PARAMEDIC SERVICES 10. RESOLUTION 2025-XX AMENDING AN INTERLOCAL AGREEMENT WITH THE FLAGLER COUNTY BOARD OF COMMISSIONERS FOR ENHANCED 911 ADDRESSING J. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. K. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA L. DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA M. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA N. ADJOURNMENT 11. AGENDA WORKSHEET AND CALENDAR City of Palm Coast Created on 3 City of Palm Coast, Florida Agenda Item Agenda Date: January 7, 2025 Department CITY ADMINISTRATION Amount Division Account # Subject: MINUTES OF THE CITY COUNCIL: DECEMBER 17, 2024, BUSINESS MEETING Presenter: Kaley Cook, City Clerk Attachments: 1. Minutes (1) Background: Recommended Action: APPROVE MINUTES OF THE CITY COUNCIL: DECEMBER 17, 2024, BUSINESS MEETING 4 City of Palm Coast, Florida Agenda Item Agenda Date: January 7, 2025 Department COMMUNITY DEVELOPMENT Amount Division CODE ENFORCEMENT Account # Subject: ORDINANCE 2025-XX AMENDING CITY OF PALM COAST ORDINANCES, CHAPTER 17, COMMUNITY DEVELOPMENT; AS AMENDED, TO ADD ARTICLE V, SHORT-TERM VACATION RENTALS Presenter: Jason DeLorenzo, Chief of Staff Attachments: 1. Ordinance (Redline) 2. Ordinance (Clean Copy) 3. Business Impact Estimate Background: Council Priority: B. Safe and Reliable Services UPDATED BACKGROUND FROM THE DECEMBER 17, 2024, BUSINESS MEETING: City Council approved the Ordinance with an amendment during the December 17, 2024, Business Meeting. The attached Ordinance has been updated in Section 17-68 (A) (9). UPDATED BACKGROUND FROM THE DECEMBER 10, 2024, WORKSHOP MEETING: The following changes were made to the Ordinance, per Council direction at the December 10, 2024, Workshop Meeting: • Sec 17-68 (8) (C) Added - "The background check can be done through a vacation rental platform such as Airbnb, Vrbo, etc;" • Sec 17-71 (B) Deleted - "twelve" and added "ten" • Sec 17-72 (G) added - ..."to comply with the provisions of Section 35-53, Sound Level Limits, of the Code of Ordinances for the City of Palm Coast and..." • Sect 17-73 added - "The background check can be done through a vacation rental platform such as Airbnb, Vrbo, etc." UPDATED BACKGROUND FROM THE SEPTEMBER 24, 2024, BUSINESS MEETING: Council requested the following changes to the Ordinance:  Deleted language that the STR does not apply to Single family dwellings occupied on a full-time basis by the owner as an on-premises, permanent resident and that has been declared and continues to be declared as homestead by the Property Appraiser.  Sec. 17-71 – Subsection 5. o Deleted "of primary exit." from "Battery powered emergency lighting of primary exit. Battery powered emergency lighting which provides illumination automatically in the event of loss of power shall be provided for a period of not less than 90 minutes to illuminate the primary exit." - At the last meeting 14 the Council wanted the STR owner to be required to have some sort of emergency lighting. I believe the language now meets their intent.  Sect 17-71(B) o Updated the language to Maximum occupancy so it does not apply to • Transient occupants that are one-year of age or younger;  In Sec. 17-72 –Required Postings - added o All animals must be on a leash when not on owner’s property in accordance with Sec 8-31(f) City of Palm Coast Code of Ordinances. UPDATED BACKGROUND FROM THE SEPTEMBER 3, 2024, BUSINESS MEETING: Council requested the following changes to the Ordinance:  Section 17-67 - Definitions o Added • Short term rentals do not apply to Single Family Dwelling occupied on a full-time basis by the owner as an on-premises, permanent resident and that has been declared and continues to be declared as homestead by the Property Appraiser.  Section 17-68 - o (A) • Effective Date March 3rd, 2025 o (A)(2)(E) • Added  A statement that recreational vehicles, boats and trailers may not be parked in the front of the house, except for temporary loading, unloading and cleaning. o (A)(3)(E) • Changed one (1) responsible party's to (3) three. o (A)(8)(C) • Added  Has completed a background check on the occupant who is renting the unit and said occupant certifies that all guests in the rented unit shall not be registered as a sex offender.  Section 17-71 o (B) • Changed to maximum limit of ten (10) transient occupants o (C) • Added  Recreational vehicles, boats and trailers may not be parked in the front of the house, except for temporary loading, unloading and cleaning.  Section 17-72 o (D) • Added  The parking prohibition of RV’s, boats, and recreational trailers except for temporary loading, unloading and cleaning;  Section 17-73 o Changed language to state • The Responsible Party shall be required to obtain confirmation of a nationwide background search that the prospective renter is not a 15 registered sexual offender and also the prospective renter certifies that all guests in the rented unit are not registered sex offenders. ORIGINAL BACKGROUND FROM THE SEPTEMBER 3, 2024, BUSINES MEETING: On June 4, 2024, City Council directed the City Attorney to provide new legislation to all of City Council regulating short-term rentals, aka Airbnbs within the areas of the City’s jurisdiction. Section 509.032(7), Florida Statutes in which prevents a local law, ordinance, or regulation prohibiting vacation rentals or regulating the duration or frequency of rental of vacation rentals. Single-family residential neighborhoods and their required infrastructure are generally designed to accommodate typical single-family residential homes with two (2) to three (3) persons per household on average. Local governments apply design standards tailored for residential neighborhoods for their roads, driveways, emergency services planning, public shelters, emergency evacuation plans, solid waste collection, utilities, and buffers, and also tailored in assessing their infrastructure impacts and their corresponding fair and proportionate impact/connection fees. Permanent single-family home residents inherently understand and know their physical surroundings, to include any safety gaps and potential risks to their families, because they have daily familiarity. Short-term vacation rental occupants, due to the transient nature of their occupancy, are unfamiliar with local hurricane evacuation plans, the location of fire extinguishers, and other similar safety measures that would readily be provided to guests in traditional lodging establishments. Short-term vacation rental owners may live elsewhere and not experience the quality-of-life problems and negative impacts associated with larger, unregulated short- term vacation rental units on residential neighborhoods. Short-term vacation rentals with no application of mitigating standards when located in residential neighborhoods can create disproportionate impacts related to excessive occupancy, noise, trash, and parking. Short-term vacation rentals locating within established neighborhoods can disturb the quiet enjoyment of the neighborhood, lower property values, and burden the design layout of a typical neighborhood. Short-term vacation rentals with no application of mitigating standards when located in residential neighborhoods can create disproportionate impacts related to their size, excessive occupancy, and the lack of proper facilities if left unregulated. The City desires to encourage short-term vacation rentals that are safe, fit in with the character of the neighborhood, provide positive impacts for tourism, increase property values, and achieve greater neighborhood compatibility. The City seeks to balance respect for private property rights and incompatibility concerns between the investors/short-term vacation rentals and families/permanent single-family residences in established residential neighborhoods through the use of reasonable development standards. These regulations are deemed necessary by the City Council to preserve property values and to protect the health, safety, and general welfare of permanent residents, lot/parcel owners, investors and transient occupants and visitors alike. These regulations are being proposed to City Council to supplement, but not to replace, any 16 existing federal or state law or regulation, or other controls within established residential neighborhoods served by a homeowner’s association. These regulations do not regulate duration or frequency of rentals but are intended to address the frequent change of many transient occupants housed within a single-family dwelling within an established residential neighborhood. This ordinance additionally establishes an enforcement mechanism for those short-term vacation rentals which do not adhere to the standards on an initial or continuing basis, with the overall goal of the short- term vacation rental program being compliance with the standards and not punitive in its scope. This Ordinance is in the best interest of the public health, safety, and welfare of the citizens of Palm Coast. Recommended Action: ADOPT ORDINANCE 2025-XX AMENDING CITY OF PALM COAST ORDINANCES, CHAPTER 17, COMMUNITY DEVELOPMENT; AS AMENDED, TO ADD ARTICLE V, SHORT-TERM VACATION RENTALS 17 City of Palm Coast, Florida Agenda Item Agenda Date: January 7, 2025 Department PUBLIC SAFETY Amount Division FIRE Account # Subject: ORDINANCE 2025-XX AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, RETIREMENT, DIVISION 2, VOLUNTEER FIREFIGHTER RETIREMENT SYSTEM AND TRUST FUND Presenter: Kyle Berryhill, Fire Chief Attachments: 1. Ordinance Background: Council Priority: B. Safe and Reliable Services UPDATED BACKGROUND FROM THE NOVEMBER 12, 2024, BUSINESS MEETING: On November 12, 2024, City Council approved the second read of the updated pension ordinance, including career firefighters in addition to the existing plan for volunteers. City Administration and the Palm Coast Professional Firefighters Local 4807 are asking council to approve two amendments to that ordinance related to administrative setup process specifically related to the one-time option to enter the plan. UPDATED BACKGROUND FROM THE OCTOBER 15, 2024, BUSINESS MEETING: City Council heard the first reading of the item at the October 15, 2024, Business Meeting. No changes have been made to the item. ORIGINAL BACKGROUND FROM THE OCTOBER 15, 2024, BUSINESS MEETING: The City of Palm Coast Volunteer Firefighters are presently provided a pension and certain other benefits under Ordinances of the City of Palm Coast. The proposed Ordinance amends Chapter 2, Administration, Article VI, Retirement Division 2, Volunteer Firefighter Retirement System and Trust Fund to include a Firefighters' Retirement System for the City of Palm Coast Firefighters’ and Volunteer Firefighters. The Palm Coast Professional Firefighters Local 4807 have considered and approved the proposed amendments to the plan and has recommended these amendments to the City Council for adoption. Recommended Action: ADOPT ORDINANCE 2025-XX AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, RETIREMENT, DIVISION 2, VOLUNTEER FIREFIGHTER RETIREMENT SYSTEM AND TRUST FUND 42 City of Palm Coast, Florida Agenda Item Agenda Date: January 7, 2025 Department CITY ADMINISTRATION Amount Division Account # Subject: RESOLUTION 2025-XX SHORT TERM RENTAL FEE STRUCTURE Presenter: Jason DeLorenzo, Chief of Staff, and Barbara Grossman, Code Enforcement Manager Attachments: 1. Resolution Background: This resolution to establishes fees associated with registering, managing, and ensuring compliance of short-term rental properties within the city. Currently, Palm Coast has approximately 275 short-term rental properties, necessitating a structured approach to address the administrative and operational costs related to these types of businesses. To ensure the ordinance is cost-neutral and sustainable, staff proposed a flat annual fee structure. This fee is designed to recover the estimated annual costs of $120,000, which includes expenses related to maintaining a rental registration system, performing compliance checks, processing applications, addressing complaints, and other related administrative functions. The flat fee approach simplifies the process for both the city and property owners by offering a consistent and predictable payment structure. It ensures that the cost burden of managing short-term rentals is equitably distributed among property owners without requiring general taxpayers to subsidize these operations. This initiative aligns with the city's broader goals of promoting transparency, fairness, and accountability in the management of short-term rentals, while maintaining a balance between supporting tourism and protecting the integrity of residential neighborhoods. Recommended Action: ADOPT RESOLUTION 2025-XX SHORT TERM RENTAL FEE STRUCTURE 47 City of Palm Coast, Florida Agenda Item Agenda Date: January 7, 2025 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: PRESENTATION - AMERICANS WITH DISABILITIES ACT Presenter: Virginia Smith, Land Management Administrator Attachments: 1. Presentation Background: In April 2024, the Federal Government issued a new rule (28 CFR Part 35) relating to website and application compliance with the Americans with Disabilities Act (ADA). The City of Palm Coast is a Title II entity. The effective date of the rule was June 24, 2024, with a requirement of a public entity to be compliant with the new rule by April 24, 2026. Title II of the ADA requires state and local governments to make sure their services, programs, and activities are accessible to people with disabilities. Title II applies to all services, programs, or activities of state and local governments, from adoption services to zoning regulation. This includes the services, programs, and activities state and local governments offer online and through mobile apps. In this final rule, the Federal Department added a new subpart H to the title II ADA regulation, 28 CFR part 35, that set forth technical requirements for ensuring web content that State and local government entities provide or make available, directly or through contractual, licensing, or other arrangements, is readily accessible to and usable by individuals with disabilities. Web content is defined by § 35.104 to mean the information and sensory experience to be communicated to the user by means of a user agent (e.g., a web browser), including code or markup that defines the content’s structure, presentation, and interactions. This includes text, images, sounds, videos, controls, animations, and conventional electronic documents. Subpart H also sets forth technical requirements for ensuring the accessibility of mobile apps that a public entity provides or makes available, directly or through contractual, licensing, or other arrangements. The Department adopted an internationally recognized accessibility standard for web access, the Web Content Accessibility Guidelines (“WCAG”) 2.110 published in June 2018, https://www.w3.org/TR/2018/REC-WCAG21-20180605/ and https://perma.cc/UB8A-GG2F, 11 as the technical standard for web content and mobile app accessibility under title II of the ADA. Staff recommends the City follow the requirements for public entities to comply with the WCAG 2.1 Level AA success criteria and conformance requirements. The City’s IT Department has begun updating the City’s website by adding in a widget for accessibility. The City Clerk has been posting the Council agendas for the past 5 years in compliance. The Communications Department has been posting on social media in compliance with the ADA. 51 In the following year, staff from all departments will be updating all forms/documents/applications, etc. posted on the City’s website and any applications to be compliant with the standards in WCAG 2.1 Level AA. Staff will present on this new rule, the City’s plan moving forward, and the current status of being compliant throughout the departments. Recommended Action: FOR PRESENTATION ONLY 52 City of Palm Coast, Florida Agenda Item Agenda Date: January 7, 2025 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: RESOLUTION 2025-XX REPEAL AND REPLACE HOUSING AND URBAN DEVELOPMENT SECTION 504 POLICY Presenter: Jacqueline Gonzalez, Site Development Coordinator I Attachments: 1. Presentation 2. Resolution Background: This is a legislative item. U.S. Department of Housing and Urban Development (HUD) funds and pursuant to in Section 504 of the Rehabilitation Act of 1973 (as amended), Section 109 of the Housing and Community Development Act of 1974 (as amended), and 24 CFR, Part 8, the City of Palm Coast, as a participating jurisdiction, certifies that it will abide by Section 504 regulations regarding Nondiscrimination Based on Disability 504 stipulates that no qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in any program or activity receiving Federal financial assistance. Section 504 is codified at 29 U.S.C. 794(a). Under Section 504, all recipients and subrecipients of federal financial assistance from HUD must comply with Section 504 and HUD’s Section 504 implementing regulation at 24 CFR part 8 and 9. It was recommended by our CDBG Program Consultant Guardian CRM that the City review and update the required HUD Policy regulations considering recent compliance changes made to some of HUD policies. To receive CDBG Funds, an entitlement community is required to adopt and maintain these HUD policies. Section 504 Compliance policy is one of those laws relative to nondiscrimination based on handicap in federally assisted programs of HUD The following updates were made to 504 policy resolution: I. General Policy- clarification of applicability, section 504 law/ regulations, and addition of definitions II. Communications on what devices will be used to facilitate accessibility. III. Employment general prohibitions, reasonable accommodations, and criteria for those with disabilities. IV. Program Accessibility requirements for participants and facility compliance. V. Enforcement of guidelines through assurances, self-evaluation, and designation of responsible employee by City administrator. VI. Grievance Procedures/Complaint Resolution section updates are more comprehensive and detail of those processes. 87 Attachments A. Self-Evaluation Plan shows detail on how facilities meet ADA code compliance requirement. B. Self-Evaluation/Transition Plan Preparation Participating Parties C. Transition Plan Citizen Advisory Task Force recommend by 6-0 vote that City Council approve of Resolution 2025- XX Repeal and Replace HUD Section 504 policy. Recommended Action: The Citizen Advisory Task Force recommends that City Council approve Resolution 2025-XX Repeal and Replace Housing and Urban Development Section 504 Policy 88 City of Palm Coast, Florida Agenda Item Agenda Date: January 7, 2025 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: RESOLUTION 2025-XX AMENDING POLICY RELATING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AFFIRMATIVE ACTION PLAN Presenter: Jacqueline Gonzalez, Site Development Coordinator I Attachments: 1. Presentation 2. Resolution (Redline) 3. Resolution (Clean Copy) Background: This is a legislative item. In keeping with the laws of the United States of America and the spirit of the Constitution of the State of Florida, to promote through fair, orderly and lawful procedure for the diversity opportunity for each person so desiring to obtain CDBG (Community Development Block Grant) housing projects through affirmative action plans encouraging the participation of women-owned businesses, minority-owned businesses, and small businesses. The City of Palm Coast is committed to diversity in the performance of all contracts associated with Federal and State funding projects. For projects funded through the Community Development Block Grant (CDBG) program, the City and the Bidder/Contractor are required to make good faith efforts to encourage the participation of minority owned and woman owned and small business enterprises in accordance with applicable laws. A recommendation from our CDBG Program Consultant Guardian CRM that the City review and update the required HUD Policy regulations considering recent compliance changes made to some of HUD policies. To receive CDBG Funds, an entitlement community is required to adopt and maintain these HUD policies. The following updates were made to Affirmative Action Plan supporting EMPLOYMENT OF SMALL, WOMEN OWNED AND MINORITY BUSINESSES resolution: - Addition of clause regarding being an equal opportunity employer - Updates to the definition of women owned business removing clause requiring 51% stock ownership in a business clarifying the definition. - Minimal spelling corrections. Recommended Action: CITIZEN ADVISORY TASK FORCE (CATF) RECOMMEND BY 6-0 VOTE THAT CITY COUNCIL APPROVE RESOLUTION 2025 XX AMENDING POLICY RELATING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AFFIRMATIVE ACTION PLAN 120 City of Palm Coast, Florida Agenda Item Agenda Date: January 7, 2025 Department CITY ADMINISTRATION Amount Division Account # Subject: RESOLUTION 2025-XX AMENDING CITY COUNCIL POLICIES AND PROCEDURES Presenter: Marcus Duffy, City Attorney Attachments: 1. Resolution 2. Policies and Procedures Background: UPDATED BACKGROUND FROM THE DECEMBER 10, 2024, WORKSHOP MEETING: Council recommended changes to the existing policies and procedures. The updated document is attached to this item. ORIGINAL BACKGROUND FROM THE DECEMBER 10, 2024, WORKSHOP MEETING: At the November 19, 2024, Business Meeting, City Council expressed a desire to review their policies and procedures and discuss their 2025 meeting schedule. City Council last reviewed the policies and procedures in December 2023. The current policies and Ordinance setting the meeting schedule are attached to this item. Recommended Action: ADOPT RESOLUTION 2025-XX AMENDING CITY COUNCIL POLICIES AND PROCEDURES 138 City of Palm Coast, Florida Agenda Item Agenda Date: January 7, 2025 Department PUBLIC SAFETY Amount OVER 50K Division FIRE Account # 10014000-034000 Subject: RESOLUTION 2025-XX APPROVING PIGGYBACKING THE CONTRACT BETWEEN STRYKER SALES, INC., AND EAGLE COUNTY HEALTH SERVICES DISTRICT DBA EAGLE COUNTY PARAMEDIC SERVICES Presenter: Kyle Berryhill, Fire Chief Attachments: 1. Resolution 2. Contract Background: Council Priority: B. Safe and Reliable Services Palm Coast Fire Department would like to continue partnering with Stryker Sales, Inc., to utilize the terms, conditions, scope, and pricing of Eagle County Health Services District agreement for medical equipment, software, training, and accessories as needed. SOURCE OF FUNDS WORKSHEET FY 2025 OPERATING EXPENSES UNDER 5K 10014000-034000 $182,600.00 Total Expended/Encumbered to Date $74,662.09 Pending Work Orders $0.00 Current (WO/Contract) $0.00 Balance $107,937.91 Recommended Action: ADOPT RESOLUTION 2025-XX APPROVING PIGGYBACKING THE CONTRACT BETWEEN STRYKER SALES, INC., AND EAGLE COUNTY HEALTH SERVICES DISTRICT DBA EAGLE COUNTY PARAMEDIC SERVICES 152 City of Palm Coast, Florida Agenda Item Agenda Date: January 7, 2025 Department PUBLIC SAFETY Amount Division FIRE Account # Subject: RESOLUTION 2025-XX AMENDING AN INTERLOCAL AGREEMENT WITH THE FLAGLER COUNTY BOARD OF COMMISSIONERS FOR ENHANCED 911 ADDRESSING Presenter: Kyle Berryhill, Fire Chief Attachments: 1. Resolution 2. Interlocal Agreement Background: In 2018, the Flagler County BOCC and the City of Palm Coast entered into an interlocal agreement (ILA) to allow the County to serve as the single authority for assigning 911 addresses and street names within the City of Palm Coast. At the time of execution of the ILA between Flagler County BOCC and the City of Palm Coast, the 911 addressing responsibilities resided with the County’s Innovation Technology Division. Since the date of execution, the 911 addressing responsibilities now fall under Flagler County Fire Rescue with the Fire Chief serving as the E911 coordinator in accordance with Florida Statutes and Administrative Code. The intent of amending and restating the existing ILA is to accurately reflect the current state of the E911 responsibilities as well as the removal of language that is no longer relevant to the addressing and naming of streets. Recommended Action: ADOPT RESOLUTION 2025-XX AMENDING AN INTERLOCAL AGREEMENT WITH THE FLAGLER COUNTY BOARD OF COMMISSIONERS FOR ENHANCED 911 ADDRESSING 204

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