Tuesday, the Palm Coast City Council heard multiple presentations, including an update from SGR on the City Manager hunt, the Flagler Humane Society, and presentations on the Airport Ordinance the County is considering, and what that impact will have on residents in the future.
Norris states he knows a few of the applicants, one from his time in Okinawa, Japan. The previously selected candidates were asked to start working on questionnaires and interviews, as well as new candidates that will be viewed today. There were eleven additional candidates from 6 different states, most from Florida, and ultimately the top six candidates have been added to the previous pool of candidates, meaning council will have eleven candidates moving to the semi-finals.
Flagler Humane Society presentation – history of humane society, started in 1980. Listed as no kill, meaning 90% of the animals have a live release rate. Claims rate is closer to 95% vs 90%. Says intake numbers have not risen over the last ten years, despite the growing population of humans and families. Services FHS offers: low cost and free spay and neuter, county rebate for sterilization, wellness clinics, microchip clinic, vaccine clinic, manicure Mondays, owner request end of life and cremation services. They offer animal control services, including lost and found pets with 24/7 services in some areas, as well as cruelty investigations. TNVR (trap neuter vaccinate return) to stabilize feral cat communities in the area.
Pontieri questioned the capacity issues, which prompted Amy, the FHS director, to explain that all shelters run at full capacity and stated she didn’t know where the exaggerated rhetoric was coming from. Pontieiri brought up the joint city/county meeting regarding the FHS, and stated that it was admitted that FHS was over capacity. Pontieri then asked how much the city of pc pays 95 per dog or cat 25 for wildlife, and 50 for livestock. The contract has been in place since roughly 1982, and the 95-dollar fee has been in place for 4-5 years according to Amy. Amy said they would be in a better position financially without the city contract. Council members shared their serious concerns regarding the stories regarding the FHS, to which Amy explained that council should come out to the FHS and see it for themselves, and that many rumors and stories are being exaggerated, and that everyone has had disgruntled volunteers and staff, and that the allegations are sinply not true. Mike Norris stated his issues with the FHS are that out of the 6 board members, two couples are sitting on the board and constituted that as nepotism, his other concern is the fact the bylaws are not public, and they are not willing to share them, to which Miller and Pontieri agreed. According to the city attorney present, as a 501c3 those bylaws should be public. Amy said that if the city didn’t want to renew the contract, then that is fine, FHS would be better off financially without the city contract. Public comment following the presentation was mixed with emotions, with many voicing their support and praise for the FHS, and many condemning practices they have seen or heard about.
Following the FHS presentation, council heard from another group, on the research they have done throughout the state to see how other shelters manage their animal needs with smaller budgets, less staff, and more kennels. Council discussion following the second presentation, was heavily emphasized on looking at alternative plans for taxpayer monies designated towards animal help. Pontieri explained her issues with FHS were strictly about the monies and financials and the lack of a strategic plan in place for growth. The council agreed that all options should remain on the table and that a cooperative approach with the county should be highly considered.
Airport presentation by the county regarding zoning ordinances required of the city. During the presentation, the council was informed of state statutes and FAA regulations regarding height restrictions of no greater than 150 ft tall in areas surrounding the county airport.
Any buildings that exceed any of the restricted heights for any of the specified areas would be subject to a permitting process through the FAA. The last sound study was done in 2009, and according to county staff, noise studies are not typically requested, rather they are done by the FAA when the FAA says it is time for a new one. County staff stated they requested a new noise study by the FAA, and county staff was told by the FAA that it is not time for a new study. The FAA determines based on the size of planes landing at an airport regularly, when a noise study will be issued.
Regarding the touch and goes that many residents have complained about, Flagler Airport Director Mr. Seiger, said touch and goes are safe, while also stating the most dangerous part of flying is takeoff and landing. Pontieri asked for the data showing what the percentage of touch-and-goes happen during the hours of when the air traffic controller tower is unmanned. Mayor Norris asked about whether the city or county could charge fees for touch and goes. Seiger did state that much like I-95, the local municipalities cannot limit or stop air traffic from travelling to the airport. Seiger did continue his explanation stating that while the city of Palm Coast cannot issue fees, the county can charge for touch and goes if there is a valid safety concern, but these fees have to be considered reasonable.
Regarding the ability to rebuild for homes in the height restricted areas, county officials and Mr. Seiger said homeowners would be able to rebuild, and those rumors are false. Continuing the conversation, both mr mingle and Mr. Seiger stated that currently there would be no impact to Palm Coast homeowners within the zones, however, that could change in the future, and the council’s concerns over legalities and safety of the pc residents could change in the future if and when the airport expands. Mayor Norris did ask Mr. Mingle about how pc could annex in the airport since it is surrounded by Palm Coast city limits. Mr mingle stated it could be done with permission of the landowner, which is Flagler County Government.
Pontieri stated she did not want to be a part of adopting this ordinance, because any expansion of the noise overlay or the runway buffer overlays could cause lots to be deemed nonconforming in the future, which could lead to properties being acquired potentially in the future. Those lots would not be known until after the expansion of the airport happened, and it was discovered after the expansion.
The city attorney presented on legalities around the airport for the city. The U.S. Government has full sovereignty over airspace, which includes the use of airspace, management and efficiency, air traffic control, safety, navigation, and more. The city attorney covered case law regarding airports and state or smaller local governments regulating airports, where the FAA asserted their authority over airports and airspace management. Essentially, the city attorney explained according to case law, Congress has ensured that the FAA has full authority and rule making ability to manage airspace, operations, and noise, pre-empting state and local controls.
