City Council

CITY OF PALM COAST COUNCIL WORKSHOP MEETING HYBRID MEETING 160 LAKE AVENUE PALM COAST, FL 32164 TUESDAY, JUNE 22, 2021 9 A.M. Acting Mayor Eddie Branquinho Council Member Victor Barbosa Council Member Ed Danko Council Member Nick Klufas MINUTES City Staff Denise Bevan, Interim City Manager William Reischmann, City Attorney Virginia A. Smith, 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, persons needing assistance to participate in any of these proceedings should contact the City Clerk at 386-986-3713, at least 48 hours prior to the meeting. All pagers and cell phones are to remain OFF while City Council is in session. A. CALL TO ORDER Mayor Branquinho called the meeting to order at 9:00 am. B. PLEDGE OF ALLEGIANCE TO THE FLAG C. ROLL CALL City Clerk Virginia Smith 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: (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. Robert Macdonald spoke of security concerns at City Hall and requested information on handicap accessibility at City Hall. Mr. MacDonald stated that there is now a metal detector in the Community Wing but no supervision upon entry. Samantha Mendez described having to cross the street with children to reach a bus stop in the area of Cimmaron Drive and spoke of the dangers in the area. Ms. Mendez thanked Council for their efforts thus far. Pete Minervini spoke of dangers for those biking in the area of Cimmaron Drive. Mr. Minervini shared ideas for additional space for those walking and biking on Cimmaron Drive. Carrie Purdy, head swimming coach at Matanzas High School, spoke to Council on the need for a Community Center with an acquatic complex. Jill Reynolds asked council to consider commemorating Shirley Chisholm of Palm Coast. Ms. Reynolds provided details of Ms. Chisholm’s accomplishments and details of the commemorative plaque. Mike spoke of the burden of a tax increase to those on a fixed income or those stationary to the community and shared concern for the proposed ½ cent sales tax on the agenda. Authelia Minervini thanked Council for their consideration for safety improvements on Cimmaron Drive. Sonji Jackson opposed the closure of Slow Way and asked Council to provide data to support the closure. Alan Lowe shared support for the efforts of Cimmaron drive and comments on the ½ cent sales tax. Mr. Lowe also addressed the pay out to former City Manager Matthew Morton and asked Council to consider future contracts to avoid a large sum payout for an individual who quits their position with the City. Michael Arnold spoke of a FOIA email that he sent to Council to which he stated having not received a response. Mr. Arnold informed Council on the contents of the email and consideration of filing a formal grievance with the Florida State Bar. Debra Frame asked Council to consider the money for improvements on Slow Way which would not be utilized if the road is to be closed. Additionally, Ms. Frame informed Council that closing the road will result in the need to drive 6 miles to access her mailbox. Brian Butka opposed the closure of Slow Way and spoke of monies already spent to create and maintain the road. Mr. Butka stated that no data has been provided to support the decision. Theresa Butka opposed the closure of Slow Way. Ms. Butka spoke of the inconveniences the closure of Slow Way poses to residents in the area and asked Council to consider voting on behalf of all residents in the area. Mayor Branquinho responded to comments regarding the Closure of Slow Way. Mayor Branquinho spoke of his observations and research and shared opposition for the closure.  Mayor Branquinho responded to comments regarding Cimmaron Drive to assure residents that staff is working on this and will continue to do so. Mayor Branquinho asked Ms. Reynolds to meet with himself and the Interim City Manager, Denise Bevan, to receive more information about the requested plaque. Mayor Branquinho responded to Ms. Purdy’s comment regarding a request for an acquatic center and asked Ms. Purdy to discuss the request with Interim City Manager Denise Bevan. E. MINUTES 1. MINUTES OF THE CITY COUNCIL June 1, 2021 BUSINESS MEETING JUNE 8, 2021 SPECIAL MEETING JUNE 8, 2021 WORKSHOP MEETING Pass Motion made to approve by Council Member Klufas and seconded by Council Member Danko Approved - 4 - Acting Mayor Eddie Branquinho, Council Member Victor Barbosa, Council Member Ed Danko, Council Member Nick Klufas F. PROCLAMATIONS AND PRESENTATIONS 2. PROCLAMATION-NATIONAL MOSQUITO CONTROL AWARENESS WEEK Council Member Barbosa presented this Proclamation to representatives of the East Flagler Mosquito Control District. 3. PROCLAMATION-PATRIOTIC PALM COAST WEEKS Council Member Danko presented this Proclamation to a representative of the American Flag Project. 4. PRESENTATION FLAGLER COUNTY SOCIAL SERVICES Flagler County representatives presented to Council on this item. Mayor Branquinho requested Flagler County Social Services contact information be placed on the City website. G. RESOLUTIONS 5. RESOLUTION 2021-XX APPROVING A LETTER OF SUPPORT FOR THE FLAGLER COUNTY PUBLIC SAFETY HALF CENT SALES TAX Chief Forte, Interim Assistant City Manager and Chief Strobridge of Flagler County Sheriff’s Office presented to Council on this item. Mr. Jorge Salinas respectfully requested Council’s support for the 1/2 cent sales tax. Motion by Council Member Klufas to approve this item. Motion failed for a lack of a second. Council Member Klufas requested discussion on the motion. Council Member Danko provided his opinion. 6. RESOLUTION 2021-88 APPROVING THE PROPOSED REFINANCE OF THE SERIES 2013 UTILITY SYSTEM IMPROVEMENT BONDS Ms. Helena Alves presented to Council on this item.  Public Comments: There were none. Pass Motion made to approve by Council Member Klufas and seconded by Council Member Barbosa Approved - 4 - Acting Mayor Eddie Branquinho, Council Member Victor Barbosa, Council Member Ed Danko, Council Member Nick Klufas 7. RESOLUTION 2021-89 APPROVING THE SUPPLEMENTAL RESOLUTION FOR THE BOND REFINANCING Ms. Alves gave Council a brief overview to this item. Public Comments: There were none Pass Motion made to approve by Council Member Barbosa and seconded by Council Member Klufas Approved - 4 - Acting Mayor Eddie Branquinho, Council Member Victor Barbosa, Council Member Ed Danko, Council Member Nick Klufas 8. RESOLUTION 2021-90 APPROVING A PRE-ANNEXATION AGREEMENT WITH JTL GRAND LANDINGS DEVELOPMENT LLC AND SE CLINE CONSTRUCTION INC Mr. Jose Papa presented a brief overview and a location map for Council. Public Comments: There were none. Pass Motion made to approve by Council Member Klufas and seconded by Council Member Barbosa Approved - 4 - Acting Mayor Eddie Branquinho, Council Member Victor Barbosa, Council Member Ed Danko, Council Member Nick Klufas H. ORDINANCES SECOND READ 9. ORDINANCE 2021-10 VOLUNTARY ANNEXATION OF 40.7 ACRE AREA 3,500’ WEST OF SEMINOLE WOODS BLVD. ON THE NORTHSIDE OF THE IROQUOIS WATERWAY AKA JTL GRAND LANDINGS Attorney Reischmann read the title into the record. There were no public comments. Pass Motion made to Adopted on second reading by Council Member Klufas and seconded by Council Member Barbosa Approved - 4 - Acting Mayor Eddie Branquinho, Council Member Victor Barbosa, Council Member Ed Danko, Council Member Nick Klufas  10. ORDINANCE 2021-11 AMENDING THE ZONING MAP DESIGNATION FROM LIGHT INDUSTRIAL (IND-1) TO HIGH INTENSITY COMMERCIAL (COM-3) FOR A 10 +/- ACRE PARCEL LOCATED 1800’ NORTH OF WHITEVIEW PARKWAY ON THE EASTSIDE OF US-1 (THE ALAMO BUSINESS CENTER) Attorney Reischmann read the title into the record. Attorney Reischmann reminded Council that this is a quasi-judicial matter and called for any ex-parte communications. There were no ex-parte communications received. Public Comments: There were none. Pass Motion made to Adopted on second reading by Council Member Barbosa and seconded by Council Member Klufas Approved - 4 - Acting Mayor Eddie Branquinho, Council Member Victor Barbosa, Council Member Ed Danko, Council Member Nick Klufas I. OTHER BUSINESS 11. APPOINT ONE OCUNCIL MEMBER TO THE OVERSIGHT COMMITTEE Ms. Virginia Smith and Mr. Jose Papa provided an overview to this appointment. Motion by Council Member Klufas, seconded by Council Member Danko, to appoint Council Member Barbosa to the Oversight Committee. Motion passed unanimously. J. CONSENT There were no public comments. 12. RESOLUTION 2021-91 APPROVING MASTER SERVICE AGREEMENTS WITH MULTIPLE FIRMS FOR FRESHWATER CANAL SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM ENGINEERING SERVICES 13. RESOLUTION 2021-92 APPROVING THE PURCHASE OF ESO SOFTWARE 14. RESOLUTION 2021-93 APPROVING THE 2021 FIND GRANT FOR THE WATERWAY CLEANUP Pass Motion made to Adopt on consent by Council Member Klufas and seconded by Council Member Danko. Approved - 4 - Acting Mayor Eddie Branquinho, Council Member Victor Barbosa, Council Member Ed Danko, Council Member Nick Klufas K. PUBLIC PARTICIPATION Janie Holley spoke of dangers and threats she has received for requesting the closure of Slow Way. Ms. Holley explained that some speaking out on this matter are not within City limits and their opinions should not apply to this discussion. Steve Carr asked Council what determines the criteria for quality of life for residents of Palm Coast? Carol Brassfield spoke of the hardship that increased taxes imposes on those on a fixed income. Ms. Brassfield shared support for improvements to public service but asked Council and Flagler County to tighten the belts on their budgets.  Mayor Branquinho responded to the public comment regarding Slow Way and asked residents to be amicable and to contact the Sheriff’s Office for any safety concerns. L. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA Motion by Council Member Barbosa, seconded by Council Member Danko to change the Council Meeting schedule to include 2 night meetings. Attorney Reischmann provided the guidelines to amending an Ordinance. Amended motion to prepare an Ordinance to amend 2-36 to make all business meetings at night. Discussion held on the motion. Opened for public comments. Alan Lowe shared having received many complaints as well regarding day meetings and asked Council to consider changing the meetings to evening meetings. Motion fails 2 to 2. Aye—Council Member Danko and Council Member Barbosa Nay-Council Member Klufas and Mayor Branquinho Mayor Branquinho thanked the Fire Department and the FCSO for saving a 17 year old last weekend. Council Member Danko thanked Mayor Branquinho for doing a great job as acting mayor. Additionally, Mr. Danko spoke of the severance pay received by Matt Morton. Mr. Danko asked Council to take a better look at future contracts to avoid wasteful spending. M. DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA Nothing at this time. N. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA Ms. Bevan stated that the list of Emergency and Sole Source purchases is attached in the agenda. Ms. Bevan spoke of a downed stop sign in the area of Slow Way to inform Council that staff has fixed this immediately. Additionally, Ms. Bevan spoke of July 4th celebrations to come and City office closures. Mayor Branquinho requested Mr. Flanagan, Utility Director provide an overview to a comment received regarding running out of water in Palm Coast. Mr. Flanagan provided a response to explain that Palm Coast tries to manage its' water very well and the 5 year capital plan is always being adjusted as we grow. Mr. Flanagan explained the resources that are currently utilized and the plans for water access with continued growth. 15. REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR MAY 2021 O. ADJOURNMENT The meeting was adjourned at 11:48 a.m. Respectfully submitted by: Virginia A. Smith, MMC City Clerk