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City Council

Regular Meeting

Palm Coast, FL · July 5, 2022

AgendaMinutes

Minutes

City of Palm Coast City Hall 160 Lake Avenue Minutes Palm Coast, FL 32164 www.palmcoastgov.com COUNCIL BUSINESS MEETING Mayor David Alfin Vice Mayor Eddie Branquinho Council Member Ed Danko Council Member John Fanelli III Council Member Nick Klufas Tuesday, July 5, 2022 6:00 PM COMMUNITY WING City Staff Denise Bevan, City Manager Neysa Borkert, 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 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 6:00 p.m. B PLEDGE OF ALLEGIANCE TO THE FLAG C ROLL CALL City Clerk Virginia Smith called the roll. All members were present. Attorney Borkert appeared via zoom. 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 7/20/22 (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. Shirley Navarro-senior living complaints. Complaint against Kelly Eckhart, Community Director in charge of her residence. Issues with building maintenance. Requests Council advocate for the residents. Celia Pugliese-two issues, Lake Forest HOA and Cell Towers. Who insures the towers? Concerned about property values going down if a tower is in the neighborhood. Wants Council to reconsider the location. Burgess Stone, Cimmaron Dr-the City added signs on Cimmaron Drive but it is not helping. There is no place to walk. The City also added a caution school bus sign but a tree is blocking it. There are many potholes in the street, and the residents do not understand why you can't paint the curb and give a little walking space. Robert MacDonald-coming to these meetings for 6 or 7 years and have seen disastrous meetings and civil meetings. There are some major issues coming up - housing, police, overcrowded schools. Please remember whatever your attitude is towards each other, leave it at the door. This is sacred land. Let's make this City the best in Florida. Paul Vargo, 21 Colorado-seawall at condominiums on Clubhouse Dr. Litigation document is in the courts. Palm Club vs SE Cline Construction. Questionable things he did to repair the seawall. Is the City paying attention to this case due to asbestos? Repairs have not been completed. Submitted documents to the Council. Dell Arneaud, manages Winnerz Circle Youth sports-Need to have a recreation center here for the youth. Lack of facilities in Palm Coast. Beneficial to the community to have a rec center in addition to new courts and pools. City of Palm Coast Created on 7/20/22 Steve Carr-will the ‘decorations’ put on a cell tower to make it look like a tree be able to sustain the winds of a hurricane? Projects – what do residents do if land use projects impact the residents after the projects are completed? Submitted documents, which are attached to these minutes. George Mayo-please remind everyone to mute their cell phones so as not to interrupt the meeting. I use Frieda Zamba pool with my wife and want to give kudos to the staff that keeps the pool so nice, and kudos to the public works department for keeping our city looking good. Excellent job at the fireworks display. Drones instead of fireworks may be a better solution. Al Krier-Committee on Safety on Cimmaron. Gave Council an update on a recanvassing of the residents on Cimmaron. Submitted documents, which are attached to these minutes. Dan Bryant, Crossgate Ct.-Committee on Safety on Cimmaron. Pleased with the results we received from talking with people in the community. They like the idea of a walkable community. Asked Council for a timeline and budget regarding improvements on Cimmaron. Responses to comments: VM Branquinho-With regards to Robert MacDonald, no matter which side of the door I am on, I am the same person. I follow the Sunshine Law. CM Klufas-Cell towers. In 2016, establishing the Master Plan, we eliminated the tree limbs. There will not be any cell phone towers that look like trees. CM Fanelli-Addressed Mr. Krier and Mr. Bryant. Thank you for continuing to seek solutions. E MINUTES 1 MINUTES OF THE CITY COUNCIL: JUNE 21, 2022 BUSINESS MEETING JUNE 28, 2022 SPECIAL BUDGET MEETING Pass Motion made to approve by Council Member Danko and seconded by Vice Mayor Branquinho Approved - 5 - Mayor David Alfin, Vice Mayor Eddie Branquinho, Council Member Ed Danko, Council Member Nick Klufas, Council Member John Fanelli III F PROCLAMATIONS AND PRESENTATIONS 2 PROCLAMATION - JULY AS PARKS AND RECREATION MONTH City of Palm Coast Created on 7/20/22 CM Klufas presented this Proclamation to representatives of the City's Parks and Recreation Department. Mayor Alfin thanked staff for the historic event (Fireworks). Mr. James Hirst presented to Council on the accomplishments of Parks and Rec. 3 PRESENTATION - SMITHSONIAN WATERWAYS EXHIBIT Ms. Sybil Dodson-Lucas from the African American Cultural Society of Palm Coast presented to Council on this exhibit. 4 PRESENTATION - 2022 WYLAND NATIONAL MAYOR'S CHALLENGE FOR WATER CONSERVATION RESULTS Ms. Brittany Kershaw presented the results to the 2022 Mayor's Challenge for Water Conservation. 5 PRESENTATION - FLAGLER COUNTY SCHOOL PLANNING INTERLOCAL AGREEMENT UPDATE Mr. Ray Tyner and Mr. Jose Papa presented to City Council on this item. Mayor Alfin requested CM Klufas be the spokesperson for the Committee meeting as Mayor Alfin is the chair of the Committee. Ms. Borkert provided Council with guidance on the proposed options. CM Fanelli-Due to my relationship with the School Board, I am recusing myself from voting and discussion on this item. Mayor Alfin requested confirmation from the City Attorney. Ms. Borkert confirmed she has discussed this with CM Fanelli and he is fine not to vote or participate. Mr. Sean Moylan, Assistant County Attorney provided an overview of the proposed changes to the Interlocal Agreement. Mayor Alfin requested clarification in legal risk regarding the funding options. Mr. Sean Moylan provided a response to Council. Ms. Borkert provided an overview of the approval process for a new ILA and how this moves forward. CM Danko-what happens during an economic downturn? Are developers required to make payments if the development is slowed or not finished? Ms. Patty Bott, Coordinator of Planning and Intergovernmental Relations for the School Board. Provided Council with an overview of negotiated timeframes with the developers. The developers asked for the 40/30/30 schedule proposed under Prop Share. Also gave an overview of how the funds can be utilized, and how getting more money upfront is necessary to qualify for bonding. Concerned that City of Palm Coast Created on 7/20/22 spreading out the funding would lead to using temporary buildings to meet student population increases instead of the county being able to build permanent structures. The direction given to CM Klufus for the July 8 meeting is that there is a consensus on the process of reservation, that there is an ongoing discussion on the phasing of the percentages, and that they certainly will ask the question are those percentages chosen arbitrarily or do they have some backup or some meaning? G ORDINANCES SECOND READ 6 ORDINANCE 2022-XX TOWN CENTER TRACTS 16 & 17 FUTURE LAND USE MAP AMENDMENT- APPLICATION #5080 O20220011 City Attorney Borkert read the title into the record. This is a legislative item. Mr. Tyner advised this item is at 2nd read and there were no changes suggested to this item. Public Comment There were none. Pass Motion made to be adopted on second reading by Council Member Klufas and seconded by Council Member Danko Approved - 4 - Mayor David Alfin, Council Member Ed Danko, Council Member Nick Klufas, Council Member John Fanelli III Denied - 1 - Vice Mayor Eddie Branquinho 7 ORDINANCE 2022-XX AMENDING THE TOWN CENTER AT PALM COAST MASTER PLANNED DEVELOPMENT-DEVELOPMENT AGREEMENT O20220012 City Attorney Borkert read the title into the record. Ms. Borkert reminded Council this is a quasi-judicial item and called for any ex-parte communications. There were none. Mr. Tyner reminded Council this item is at 2nd read. There were no changes made to this item. Council held a brief discussion and asked questions of Mr. Tyner and Mr. Papa. Public Comment There were none. City of Palm Coast Created on 7/20/22 Pass Motion made to be adopted on second reading by Council Member Danko and seconded by Council Member Klufas Approved - 4 - Mayor David Alfin, Council Member Ed Danko, Council Member Nick Klufas, Council Member John Fanelli III Denied - 1 - Vice Mayor Eddie Branquinho 8 ORDINANCE 2022-XX OLD KINGS ROAD MULTI-FAMILY REZONING- APPLICATION #5059 O20220013 City Attorney Borkert read the title into the record. Ms. Borkert reminded Council this is a quasi-judicial item and called for any ex-parte communications. Mayor Alfin received an email as did VM Branquinho. Both disclosed they would base their decisions on what is presented before them today. Mr. Tyner advised this is second reading, prepared to present and the applicant is available for questions. Public Comment: Celia Pugliese-we are adding more multi-family housing on Old Kings Road, it is a narrow road. When will the City, County, State widen Old Kings Road? Robert MacDonald-where on Old Kings Road will this be? What are the setbacks? How far back in the woods will this development be located? Darlene Shelley, Hidden Lakes-opposes this rezoning. Requested Council deny this request. Pass Motion made to be adopted on second reading by Council Member Klufas and seconded by Council Member Danko Approved - 4 - Mayor David Alfin, Council Member Ed Danko, Council Member Nick Klufas, Council Member John Fanelli III Denied - 1 - Vice Mayor Eddie Branquinho 9 ORDINANCE 2022-XX AMENDING SECTION 2-1 (b) CITY OF PALM COAST CORPORATE SEAL; LOGO; USE OF, CODE OF ORDINANCES OF THE CITY OF PALM COAST O20220014 City Attorney Borkert read the title into the record. Public Comment: City of Palm Coast Created on 7/20/22 Robert MacDonald-what do you plan to change? If it is not broken, please don't fix it. Whose bright idea was this and how much will this cost? Concerned about Council not being responsive to the residents on a host of issues. Celia Pugliese-it is expensive to change our looks. I want to have the assurance it is not costing the City for the fleet vehicles to change the logo. It is expensive. Pass Motion made to be adopted on second reading by Vice Mayor Branquinho and seconded by Council Member Fanelli III Approved - 5 - Mayor David Alfin, Vice Mayor Eddie Branquinho, Council Member Ed Danko, Council Member Nick Klufas, Council Member John Fanelli III H RESOLUTIONS 10 RESOLUTION 2022-XX APPROVING A CONTRACT WITH FCC ENVIRONMENTAL SERVICES FLORIDA LLC, FOR RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD WASTE, BULK WASTE, AND RECYCLING R20220084 Ms. Borkert read the title into the record. Mr. Mancill presented to Council. Ms. Alyson Trulock, Consultant also presented to Council. FCC is available for Council questions. CM Danko requested why WastePro was not chosen if it was the low bidder. Mr. Mancill provided the evaluation teams criteria. CM Fanelli-what is the advantage of an increase in routes? Ans: Mr. Dan Brazil from FCC explained that this impacts customer service. Labor is challenging, but we do have a buffer built into our network to maintain pickup schedules. CM Fanelli-More routes means you will employ more people? Ans: Yes. VM Branquinho-Where is your landfill? Ans: Volusia County. Mr. Mancill advised there is an Interlocal Agreement with Volusia County. VM Branquinho-Video recordings from the trucks and public records. Mr. Brazil explained how the video technology works, and what records are available to the City. Mayor Alfin-when you are negotiating on the future use of a dump site, are you also considering a short dump site? Ans: Mr. Mancill-Yes, that will be part of the analysis for the future. City of Palm Coast Created on 7/20/22 Mayor Alfin-Current contract or Agreement did not have any increment or CPI increase? Ans: Mr. Mancill-Correct, it does not contain a rate increase. Council held a lengthy discussion on local preference, and the RFP process. Public Comments: Heather Badger-Felmet, longtime resident of Palm Coast. I stand here today with employees who will stand with WastePro. We are committed to Palm Coast. WastePro employees want work-life balance, they are happy to live, work, and play in Palm Coast. Local payroll exceeds $5 million and 75+ dedicated employees. WastePro has shorter driving times to landfills. Our technology is the same as FCC. Submitted documents to Council. Eric Thomas-Lives here and works for WastePro. WastePro wages are higher. Fuel costs-I will not drive to Daytona to get a truck and drive around picking up Palm Coast garbage. WastePro is improving, changing the culture, new manager. You’re taking our money and giving it to Daytona. Richie Mercer, resident and WastePro employee-our equipment is second to none. Driving to Daytona does not make sense, drivers are limited to driving 14 hours per day. Fees do not add up. Robert MacDonald-Does not understand, the question about the money, how much will this now cost us, more? Why didn’t the residents have input? Michael Morea, owns Environmental Land Services of Flagler County-was not asked to participate or quote a price to use his landfill property. More routes are because you have to truck the trash to Volusia. Really look at what is going on. You should re-evaluate. Also, look at the Interlocal Agreement and evaluate. Greg Blose-urges Council to support the local company and keep WastePro. When WastePro is asked to participate or contribute, they always come through. They are local, they spend local, and live here. Discussed the City’s process in selecting FCC. WastePro was not asked to negotiate. Why would you give up the economic impact funds of a company as large as WastePro? Gene Dowd-no association with WastePro but this is a company that was hired in 2007. Wants to thank WastePro. Jason (no last name given), longtime resident-believes WastePro will stick with it. Small business owner, works hand in hand with WastePro, they give back to the Community. Google rating 3.9 for FCC and WastePro is 4.6. These are employees that we need to give back to in our community. FCC hires temps and WastePro hires full time employees. Chad Felnitz, WastePro employee-they get the job done. They participate in local events and support the community. It makes no sense to change company. Celia Pugliese-I have been served in an excellent manner by WastePro. What about the city policy of buy local? They do an excellent job. Keep WastePro. City of Palm Coast Created on 7/20/22 Shawn Sanchez, homeowner and resident of Palm Coast and an employee of WastePro. When you tell me you want to take my job away from me and give it to a foreign company – I’ve already tried them, they didn’t work out for me. The members of the community believe in us. You guys are ready to throw us away. We have given all we have to be out there. I am WastePro for life. Steve Carr-toured the WastePro facility. They are proud of their employees. VM Branquinho continued Public Comment for Mayor Alfin: Danielle (no last name provided)-resident since 1992 and a WastePro employee. WastePro cares about their employees. We will remain a team. Dennis McDonald-there should be a sense of fairness on the five of you to do the right thing here. These people had the lowest bid. Then FCC was concocted to be $.20 lower. Are you going to change contracts for less than one percent? This is absolute insanity. This isn’t fair. Mayor Alfin returned to Public Comment: Brian Wintjen, RVP for WastePro-thanked Council for the opportunity to serve the community; thanked Council for the opportunity to bid. We are very disappointed in how the ranking and scoring was completed. WastePro was not afforded the same opportunity for a negotiated fee. Why weren't we given the same opportunity to negotiate the best and final price? We can operate with fewer trucks because we utilize local facilities. Requested Council award WastePro and enter into negotiations. Kimberly Thomas-Her husband and her son work for WastePro. WastePro has become a family to us. They treat us well. WastePro is where they will stay. Carolyn Rakoczy-this is my family (WastePro); this company has taught me so much. These guys all back each other. We want to be here. Charles Murkley, FCC regional sales-we have heard a lot tonight. FCC went through this process twice. We will ingrain ourselves in the community. We are excited about coming here. We understand what community is. We understand relationships. We can start those relationships. FCC is looking forward to being your partner. You will have a local flavor and local people working this contract. Ron Sanders, WastePro employee-if a storm hits, we are here because we live here. Anything can happen with garbage. Ron Wilson, former FCC employee now works for WastePro-very happy, great pay and great piece of mind; the garbage is cleaner up here than in Volusia County. Lauren Jones-WastePro invested in the community, they sponsor my bowling league; the comments are positive now for WastePro. You have a company with a proven track record. City of Palm Coast Created on 7/20/22 Anonymous resident of Palm Coast (did not state her name)-never had an issue with WastePro. Works for Flagler County in the air conditioning. Has never experienced what these employees experience. She is now the wife of a WastePro driver. He is a dedicated employee. Works until the job is done. WastePro loves this community, and they do a good job. Mindy Mercer-I have seen both sides of the complaints and comments. 90% of the time, the customers understand. We live here and want to be here. Ted Phillips-WastePro employee. To be a garbage man, you need to have dedication, loyalty, commitment, and customer service. After doing a ten hour day in the heat today, we are here to support. Let's keep this and give WastePro what they deserve. They have a family heart. Gary Kunnas, Palm Coast resident-I think it would be a big mistake to change. Our driver picks up paper that falls out, and the neighbors wine bottles that blow around. They are good people, they try. People that complain aren’t putting their trash out properly. If they were trained and put out their trash correctly, there wouldn’t be any complaints. Dave Ramirez, FCC-thanked the City for the opportunity to bid. We want to reassure everyone there is a reason why we designed our plan the way we did. Please follow the recommendation of your City staff. Tim Dolan, VP WastePro-Talked about service during COVID, and how WastePro made adjustments then and now, to routes and trucks. More trucks, more employees equal more breakdowns, more call outs. Travel time to Volusia is a factor. Mitch Dahlstrom, Director at FCC-I respect the comments made and the passion. I will assure you, we put our people first, and their safety first. Council held further discussion on this item. Ms. Borkert provided a scenario of what happens if they do not approve the contract with FCC. Are there other metrics that the City needs to review from the RFP? If the contract is not approved, Council needs to provide direction in accordance with the procurement process. CM Danko-The metric not presented is what is right in front of us here tonight. All of you folks live, work, play, and spend here in Palm Coast. You are part of this community. I cannot vote for this contract. CM Fanelli-WastePro, not having to run to Volusia and pay for all that drive time, why did WastePro not come in lower? CM Klufas-Same boat here, we are looking at the result of a fortified process that is in place, we can't put a value on all these employees. Again, I fall back to the metric, resources unchanged. Our bid process is outlined. At the end of the day, FCC was a penny lower. The lack of a bid protest tells me the process was good. City of Palm Coast Created on 7/20/22 VM Branquinho-it is our job to make a decision. One side you have a company that did everything by the book and the other side states they were not afforded the opportunity. This decision tears you inside. Mayor Alfin-requested Ms. Borkert, regarding the loyalty of the employees of WastePro. Has there been transactional engagement between FCC and WastePro? Can I ask that question? Ans: Yes, you can ask for informational purposes. Mayor: Council is looking at the employment of the residents as extremely important. Are you aware of any consolidations? Ans: Mr. Mancill - I do not have any knowledge. Council held another discussion on the item. Pass Motion made to approve by Vice Mayor Branquinho and seconded by Council Member Klufas Approved - 4 - Mayor David Alfin, Vice Mayor Eddie Branquinho, Council Member Nick Klufas, Council Member John Fanelli III Denied - 1 - Council Member Ed Danko 11 RESOLUTION 2022-XX APPROVING THE FISCAL SUSTAINABILITY PLAN FOR THE E-SECTION IMPROVEMENT PROJECT R20220087 Ms. Borkert read the tile of this item into the record. Ms. Andrea Mudryak presented to Council on this item. Public Comment: Robert MacDonald-Canals and seawalls. I remember asking who is responsible to fix the sea walls or canals? Pass Motion made to approve by Vice Mayor Branquinho and seconded by Council Member Klufas Approved - 5 - Mayor David Alfin, Vice Mayor Eddie Branquinho, Council Member Ed Danko, Council Member Nick Klufas, Council Member John Fanelli III 12 RESOLUTION 2022-XX APPROVING A MASTER PRICE AGREEMENT WITH ALPHA GENERAL SERVICES, INC. FOR PEP TANK PUMP PANEL ASSEMBLIES R20220086 City Attorney Borkert read the title into the record. City of Palm Coast Created on 7/20/22 Steve Flanagan, Utility Director provided an overview to Council on this item. Public Comment There were none. Pass Motion made to approve by Vice Mayor Branquinho and seconded by Council Member Danko Approved - 5 - Mayor David Alfin, Vice Mayor Eddie Branquinho, Council Member Ed Danko, Council Member Nick Klufas, Council Member John Fanelli III 13 RESOLUTION 2022-XX APPROVING A LAND EXCHANGE AGREEMENT BETWEEN KINGS BUSINESS CENTER LLC AND THE CITY OF PALM COAST R20220085 Mayor Alfin reminded Council of the 11:00 pm deadline issue. Passed Gavel to VM Branquinho to motion to extend the meeting to 11:30 pm this evening, which was seconded by CM Danko. Motion passed unanimously. City Attorney Borkert read the title into the record. Mr. Tyner and Ms. Jordan Myers presented to Council on this item. Public Comment There were no comments. Pass Motion made to approve by Council Member Danko and seconded by Council Member Klufas Approved - 5 - Mayor David Alfin, Vice Mayor Eddie Branquinho, Council Member Ed Danko, Council Member Nick Klufas, Council Member John Fanelli III I PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. Robert MacDonald-question for the City Attorney, when a bid gets put in by anyone, and then it is awarded, does anyone from the City or the Attorney's office go over the contract to make sure every question was answered equally by both parties? If there is a mistake, then the contract should be null and void. How can you award the contract if Column A is different? CM Klufas was showing us the mistake. Wants all to be treated fair and honestly. J DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA City of Palm Coast Created on 7/20/22 VM Branquinho-Congratulations to Mr. Jonathan Simmons on his new job. Tell Brian we will miss him. Fireworks were great. CM Klufas-Clarification, I was not saying there were mistakes, I wanted to know if they came in lower, how would that have affected the outcome. CM Klufas-asking for Council to realize there is more to the Green Lion as an asset. Motion to extend the Green Lion’s Agreement execution time to the next Council meeting and have a workshop with them to clarify the Agreement. Invite them in for an agendaed item to allow them to speak. Mayor Alfin requested clarification from the City Attorney on the motion. CM Klufas would like to give the Green Lion more time to work with us. Seconded by CM Fanelli for conversation. CM Fanelli-disappointed they stopped negotiating two weeks prior. We have to do what is in the best interest of Palm Coast. The current leasee is good. CM Danko-tonight all the WastePro supporters were very respectful, they left peacefully. The treatment we were subject to is inexcusable from the Marlows. VM Branquinho-I do not like to be called a crook. I am not a crook. I think we should do what we should do and protect the people of Palm Coast. I think we should do what I suggested, get the meter for the kitchen. We cannot provide free utilities. Mayor Alfin encouraged the Green Lion to respond to the RFP. If they are the best service and business model, then they will win the RFP. Motion failed 3 to 2. Dissenting VM Branquinho, CM Danko, and Mayor Alfin. Approved CM Fanelli and CM Klufas. Danko-congratulated the Fire Department and Animal Control for rescuing a kitten trapped in an engine compartment of a car. Fanelli-fireworks, great event. Alfin-Food-A-Thon. K DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA Nothing at this time. L DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA Nothing at this time. M ADJOURNMENT The meeting was adjourned at 11:20 p.m. Respectfully submitted by: Virginia A. Smith, MMC City of Palm Coast Created on 7/20/22 City Clerk 14 CALENDAR AND WORKSHEET City of Palm Coast Created on 7/20/22

Agenda

City of Palm Coast City Hall 160 Lake Avenue Agenda Palm Coast, FL 32164 www.palmcoastgov.com COUNCIL BUSINESS MEETING Mayor David Alfin Vice Mayor Eddie Branquinho Council Member Ed Danko Council Member John Fanelli III Council Member Nick Klufas Tuesday, July 5, 2022 6:00 PM COMMUNITY WING City Staff Denise Bevan, City Manager Neysa Borkert, 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 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 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, there may be discussion by the City Council. City of Palm Coast Created on 7/1/22 (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. E MINUTES 1 MINUTES OF THE CITY COUNCIL: JUNE 21, 2022 BUSINESS MEETING JUNE 28, 2022 SPECIAL BUDGET MEETING F PROCLAMATIONS AND PRESENTATIONS 2 PROCLAMATION - JULY AS PARKS AND RECREATION MONTH 3 PRESENTATION - SMITHSONIAN WATERWAYS EXHIBIT 4 PRESENTATION - 2022 WYLAND NATIONAL MAYOR'S CHALLENGE FOR WATER CONSERVATION RESULTS 5 PRESENTATION - FLAGLER COUNTY SCHOOL PLANNING INTERLOCAL AGREEMENT UPDATE G ORDINANCES SECOND READ 6 ORDINANCE 2022-XX TOWN CENTER TRACTS 16 & 17 FUTURE LAND USE MAP AMENDMENT- APPLICATION #5080 7 ORDINANCE 2022-XX AMENDING THE TOWN CENTER AT PALM COAST MASTER PLANNED DEVELOPMENT-DEVELOPMENT AGREEMENT 8 ORDINANCE 2022-XX OLD KINGS ROAD MULTI-FAMILY REZONING-APPLICATION #5059 City of Palm Coast Created on 7/1/22 9 ORDINANCE 2022-XX AMENDING SECTION 2-1 (b) CITY OF PALM COAST CORPORATE SEAL; LOGO; USE OF, CODE OF ORDINANCES OF THE CITY OF PALM COAST H RESOLUTIONS 10 RESOLUTION 2022-XX APPROVING A CONTRACT WITH FCC ENVIRONMENTAL SERVICES FLORIDA LLC, FOR RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD WASTE, BULK WASTE, AND RECYCLING 11 RESOLUTION 2022-XX APPROVING THE FISCAL SUSTAINABILITY PLAN FOR THE E- SECTION IMPROVEMENT PROJECT 12 RESOLUTION 2022-XX APPROVING A MASTER PRICE AGREEMENT WITH ALPHA GENERAL SERVICES, INC. FOR PEP TANK PUMP PANEL ASSEMBLIES 13 RESOLUTION 2022-XX APPROVING A LAND EXCHANGE AGREEMENT BETWEEN KINGS BUSINESS CENTER LLC AND THE CITY OF PALM COAST 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 14 CALENDAR AND WORKSHEET City of Palm Coast Created on 7/1/22 City of Palm Coast, Florida Agenda Item Agenda Date : July 5, 2022 Department CITY ADMINISTRATION Amount Division Account # Subject MINUTES OF THE CITY COUNCIL: JUNE 21, 2022 BUSINESS MEETING JUNE 28, 2022 SPECIAL BUDGET MEETING Presenter : Virginia Smith, City Clerk Background : Recommended Action : APPROVE MINUTES OF THE CITY COUNCIL: JUNE 21, 2022 BUSINESS MEETING JUNE 28, 2022 SPECIAL BUDGET MEETING Agenda Item Agenda Date: July 5, 2022 Department PARKS AND RECREATION Amount Division PARK & RECREATION Account # Subject PROCLAMATION – JULY AS PARKS AND RECREATION MONTH Presenter : James Hirst, Parks & Recreation Director Background : Since 1985, America has recognized July as Parks and Recreation Month. A celebration hosted by the National Recreation and Parks Association (NRPA), the goal is to raise awareness of the vital impact that parks, recreation, and conservation have on communities across the U.S. This July, Palm Coast Parks & Recreation and the National Recreation and Parks Association are celebrating the parks and recreation professionals throughout the country who keep our national, state, community parks and recreational facilities a safe and fun place to Explore, Connect, and Play. Recommended Action : PROCLAIM JULY AS PARKS AND RECREATION MONTH City of Palm Coast, Florida Agenda Item Agenda Date: July 5, 2022 Department CITY ADMINISTRATION Amount Division COMMUNICATIONS & Account MARKETING # Subject PRESENTATION-SMITHSONIAN WATERWAYS EXHIBIT Presenter: Brittany Kershaw, Communications & Marketing Director Background : The Smithsonian Waterways Exhibit is a traveling exhibit that is being showcased at the African American Cultural Society in Palm Coast from July 9 through September 3, 2022. This dynamic exhibit features free-standing exhibitions, as well as interactive components that focus on the tremendous impact water has on humans that goes far beyond biological and environmental. Event organizers have requested to share a brief presentation with City Council to showcase this one-of-a-kind exhibit that is right here in Palm Coast. You can view the website at the link below: https://aacsmuseum.org/waterways Recommended Action : FOR PRESENTATION City of Palm Coast, Florida Agenda Item Agenda Date: July 5, 2022 Department CITY ADMINISTRATION Amount Division COMMUNICATIONS & Account MARKETING # Subject PRESENTATION - 2022 WYLAND NATIONAL MAYOR'S CHALLENGE FOR WATER CONSERVATION RESULTS Presenter: Brittany Kershaw, Communications & Marketing Director Background: The City of Palm Coast was named one of five national winners in the 11th Annual Wyland National Mayor’s Challenge for Water Conservation by pledging to reduce water use by 51.5 million gallons over the next year. The annual campaign to promote water quality and water resource resiliency ended on April 30th with mayors from 40 states vying to see whose city could be the nation’s most “water wise.” In addition to reducing overall water waste, residents from Palm Coast pledged to reduce their use of single-use plastic water bottles by 119,543 and eliminate 3,152 pounds of hazardous waste from entering watersheds. By altering daily lifestyle choices, residents also pledged to put 1,382,020 fewer pounds of waste in landfills. Potential savings of 194 million pounds of carbon dioxide, 3.4 million kilowatt hours of electricity, and $646,977 in consumer cost savings rounded out the final pledge results. Residents from Palm Coast who took the pledge will now be entered into a drawing for thousands of dollars in water-saving or eco-friendly prizes, including $3,000 toward their annual home utility bill, home irrigation equipment from The Toro Company, gift cards for online shopping at Hobie Surf Shops, and eco-friendly bathroom hand soaps from Petal. A $500 home improvement store-shopping spree will also be chosen from among the entire pool of U.S. participants. About the Wyland Foundation Founded in 1993 by environmental artist Wyland (best known for his series of 100 monumental marine life murals), the Wyland Foundation, a 501c3 non-profit organization dedicated to promoting, protecting, and preserving the world’s ocean, waterways, and marine life. The foundation encourages environmental awareness through community events, education programs, and public art projects. Learn more at www.wylandfoundation.org Recommended Action : FOR PRESENTATION City of Palm Coast, Florida Agenda Item Agenda Date: July 5, 2022 Department COMMUNITY Amount DEVELOPMENT Division PLANNING Account # Subject PRESENTATION - FLAGLER COUNTY SCHOOL PLANNING INTERLOCAL AGREEMENT UPDATE Presenter: Ray Tyner, Deputy Chief Community Development Officer and Jose Papa, ACIP, Senior Planner Background : The City of Palm Coast entered into an Interlocal Agreement (ILA) between the School Board of Flagler County, the Flagler County Board of County Commissioners, City Commission of the City of Bunnell, and the City Commission of the City of Flagler Beach for Public School Facility Planning in 2008. The School Board and Local Governments are required to enter into this Agreement pursuant to Sections 163.31777, 1013.33, and 163.3177(6)(h)3., Florida Statutes, to jointly establish the specific ways in which the plans and processes of the School Board and Local Governments are to be coordinated. The benefits of the ILA are to recognize joint mutual obligations for the appropriate planning of educational facilities and recognize the benefits that will flow to the citizens and students of Flagler County by more closely coordinating their comprehensive land use and school facilities planning programs. The ILA established a Working Group consisting of staff of the School Board and the local governments whose purpose is to facilitate the planning of educational facilities on behalf of the governing bodies of the parties to the ILA. The working group meets at least once a year and will make recommendations to the Oversight Committee. The Oversight Committee consists of representatives from the School Board and the governing bodies of the Local Governments that monitor the implementation of the ILA. The Oversight Committee is comprised of three delegates of the School Board and two delegates from each of the governing bodies of the Local Governments. The Oversight Committee reviews the Annual Report of the Working Group and make policy and technical recommendations to their respective governing bodies regarding the implementation of the ILA. Mayor Alfin and Council Member Klufas are the Palm Coast representatives for the Oversight Committee. The Oversight Committee held a meeting on June 9, 2022 and received recommendations from the Working Group. In preparation for the July 8th Oversight Committee, Council will need to provide direction and consensus to the City’s Oversight Committee representatives. City Staff will provide a presentation summarizing the recommended changes to the current ILA and Flagler County proposal for the newly drafted ILA. Recommended Action : FOR PRESENTATION City of Palm Coast, Florida Agenda Item Agenda Date: July 5, 2022 Department COMMUNITY Amount DEVELOPMENT Division PLANNING Account # Subject ORDINANCE 2022-XX TOWN CENTER TRACTS 16 & 17 FUTURE LAND USE MAP AMENDMENT- APPLICATION #5080 Presenter: Jordan Myers, Environmental Planner, CFM Background: THIS IS A LEGISLATIVE ITEM. UPDATE FROM THE JUNE 21, 2022 BUSINESS MEETING. This item was heard by City Council at their June 21, 2022 Business Meeting. There were no changes suggested to the item. ORIGINAL BACKGROUND FROM THE JUNE 21, 2022 BUSINESS MEETING. An application was submitted to amend the Town Center Tracts 16 and 17 Future Land Use Map (FLUM) – Application #5080. This property is part of the Town Center Development of Regional Impact and as such has existing entitlements. This amendment is not changing any of the entitlements, only the physical area which is designated Conservation. A recent wetland delineation to ground-truth existing site conditions, the application is requesting to change 29.42 +/- acres from Conservation to DRI Urban-Core. No impacts are anticipated with the proposed FLUM Amendment. As stated above, a wetland delineation was conducted by Carter Environmental Services on February 8, 2022 and found that the on-site wetlands differed from the Conservation FLUM. Per Policy 6.1.9.9 in the Comprehensive Plan, Conservation FLUM “will require field verification to determine wetland quality and boundaries with precision.” As the existing Conservation FLUM delineation was done via aerial interpretation, this new data more accurately shows the existing on-site wetlands per the mentioned policy. Public notification: A sign was posed on the property at least 14 days prior to the Planning and Land Development Regulation Board (PLDRB) meeting held on May 18, 2022. The PLDRB voted 5-0 to recommend approval to City Council at that meeting. Recommended Action: The Planning and Land Development Regulation Board (PLDRB) find Application #5080 consistent with the Comprehensive Plan and recommend that City Council approve Application #5080, a FLUM amendment due to ground truthing of on-site wetlands of 29.42+/- acres from Conservation to DRI Urban-Core. The PLDRB voted 5-0 to recommend approval to City Council. City of Palm Coast, Florida Agenda Item Agenda Date : July 5, 2022 Department COMMUNITY Amount DEVELOPMENT Division PLANNING Account # Subject ORDINANCE 2022-XX AMENDING THE TOWN CENTER AT PALM COAST MASTER PLANNED DEVELOPMENT-DEVELOPMENT AGREEMENT Presenter : Jose Papa, AICP, Senior Planner Background : THIS IS A QUASI-JUDICIAL ITEM. PLEASE REMEMBER TO DISCLOSE ANY EX-PARTE COMMUNICATIONS AT THE MEETING. UPDATE FROM THE JUNE 21, 2022 BUSINESS MEETING. This item was heard by City Council at their June 21, 2022 Business Meeting. There were no changes suggested to the item. ORIGINAL BACKGROUND FROM THE JUNE 21, 2022 BUSINESS MEETING. PLDRB Public Hearing The Planning and Land Development Regulation Board held a public hearing on this item on May 18, 2022. There were no recommended changes from the Board and there were no public comments on the item. The PLDRB voted 5-0 to recommend approval to City Council. Town Center Palm Coast Master Planned Development is a 1,601+/- acre Master Planned Development. The proposed amendment seeks to clarify permitted uses in certain tracts and to provide additional flexibility in the permitted uses within certain tracts. The amendment also includes changes based on on-going development of Town Center MPD as a medical hub combined with institutes of higher learning. In summary, the Development Agreement amendment will accomplish the following: • Clarify that Town Center development is subject to a Town Center Architectural Review Board (ARB) review, • Clarify that Tracts in “Town Business Areas” along with Tract 18A permit Institutional Uses, • Amend designation for Tracts 16 & 17 from Town Business to Town Residential, • Permit certain personal service uses within “Urban Core” areas (dry cleaning, medical clinics), • Clarify that hospitals are permitted in Tracts that also permit public facilities, • Create a definition for student housing and permitting such uses in tracts that also permit colleges and universities, • Reduce minimum lot sizes in Town Core Areas (to accommodate live, work, learn, play development), • Reduce minimum lot sizes in Town Residential Areas, • Establish minimum living area for residential uses, • Amend parking requirements for multi-family development on certain parcels, • Regulate overnight parking along on-street parking, • Clarify rules for construction fences, and • Combine and update Exhibits. The proposed amendment is consistent with criteria established in the Land Development Code (LDC) based on the following: • Consistency with the following Comprehensive Plan policies – promote opportunities to provide housing opportunities near services; direct development in areas served by infrastructure (no expansion of development area); provide variety of housing types and opportunities. • Amendment is not in conflict to public interest or creates a hazard or nuisance – the amendment promotes opportunities for institutional uses such as hospitals, colleges & universities to locate in Town Center, which is envisioned as a mixed use development community to serve as an “urban center” for Palm Coast. • No significant financial liability or hardship – amendment is in area served by infrastructure and does not increase density/intensity within Town Center. • The amendment furthers the vision within the MPD to create a mixed use community with a variety of housing types along with a mix of non-residential uses, and • The amendment will not result in additional impacts to environmental or natural resources since the amendment does not propose to increase the developable area of the project. • Consistency with surrounding land uses – Town Center is a compact planning area bordered by arterial roadways. The standards established for Town Center are based on the vision of Town Center as a mixed use “urban center” for Palm Coast. The proposed amendment does not stray from this vision but rather enhances the potential to complete the vision of Town Center as an area to live, work, and play within an “urban center” in Palm Coast. Recommended Action : The Planning and Land Development Regulation Board (PLDRB) finds the proposed amendment to the Town Center MPD-DA (Application #4438) consistent with the Comprehensive Plan and recommends that City Council APPROVE the proposed amendments to the Town Center MPD-DA. The PLDRB voted 5-0 to recommend approval to City Council. City of Palm Coast, Florida Agenda Item Agenda Date: July 5, 2022 Department COMMUNITY Amount DEVELOPMENT Division PLANNING Account # Subject ORDINANCE 2022-XX OLD KINGS ROAD MULTI-FAMILY REZONING APPLICATION #5059 Presenter: Jordan Myers, Planner, CFM Background: THIS IS A QUASI-JUDICIAL ITEM. PLEASE REMEMBER TO DISCLOSE ANY EX-PARTE COMMUNICATIONS AT THE MEETING. UPDATE FROM THE JUNE 21, 2022 BUSINESS MEETING. This item was heard by City Council at their June 21, 2022 Business Meeting. There were no changes suggested to the item. ORIGINAL BACKGROUND FROM THE JUNE 21, 2022 BUSINESS MEETING. The project is located about 0.75 mile south of Utility Drive, and about 2 miles north of the intersection of Town Center Blvd and Old Kings Rd. The parcel is bisected by City property that was intended for the Whiteview Parkway flyover that would connect to Old Kings Road. This piece of City property is where the zoning of the parcel is also bisected between OFC-2 and MFR-2. The intent of the rezoning is to eliminate the two zonings and just have one MFR-2 zoned property. There is also a separate land exchange agreement proposed to move the Whiteview flyover from the middle of the property to the north side of the parcel. In an analysis of the property, based on 2.05.05 of the Unified Land Development Code (ULDC), half of the property is already zoned MFR-2, being such, this rezoning would not be in conflict or contrary to the public interest. Also, staff has determined this application for the proposed development is consistent with the Comprehensive Plan and the provisions of the ULDC. The proposed development must not impose a significant financial liability or hardship for the City. The public infrastructure needed to support the project in place or close to the site and any extensions of utilities, construction of neighborhood roads; stormwater systems, etc. will be provided and constructed by the developer at the developer’s expense. The proposed development poses no unreasonable hazard, nuisance, nor does it constitute a threat to the general health, welfare, or safety of the City’s inhabitants as the proposed rezoning will be compatible with the overall neighborhood as half of the property is already zoned MFR-2. Furthermore, all improvements will be newly constructed and/or developed in compliance with the relevant Land Development Code, Building Code and other review agency requirements. The subject property will be required to comply with the City’s Land Development Code, Comprehensive Plan, and the requirements of all other applicable local, state and federal agencies throughout the development process. The request will be consistent with all applicable portions of the LDC and the Comprehensive Plan. An environmental report will be required at the next stage of development. It is the applicant’s intent to put all wetlands on the east side of the property in a conservation easement to be preserved in perpetuity. Impacts to the Palm Coast economy are anticipated to be positive since the project will provide numerous construction jobs and will provide additional tax revenues to the City. The impact on the necessary governmental services including: concurrency regulations and impact fees paid by the developer during the Technical Site Plan and construction drawing review process will cover wastewater, potable water, drainage, fire and police protection, solid waste and transportation systems. There are no changes in circumstances or conditions that would affect the area. As previously described, the proposed zoning will be compatible with the existing multi-family uses. The subject property has existing MFR-2 zoning on half of the property. Which is an allowable use in Mixed Use FLUM. The rezoning to MFR-2 would be consistent with the Mixed-Use FLUM and compatible with the adjacent properties. Public Participation: The developer notified the neighboring property owners via standard USPS mail of an upcoming neighborhood meeting that was held on April 9, 2022 at 3:00 P.M. at the Palm Coast Community Center located at 305 Palm Coast Parkway NE. The developer erected a City provided sign on Old Kings Road, notifying the public of the upcoming public hearing for the Planning and Land Development Regulation Board by May 4. Newspaper ads will be run approximately two weeks before each of the three public hearings. At the May 18, 2022 Planning and Land Development Regulation Board meeting, the Board voted 4-1 to recommend approval to City Council. Recommended Action: The Planning and Land Development Regulation Board determine the proposed rezoning of Old Kings Road Multi-Family (Application No. 5059) is consistent with the Comprehensive Plan and recommend approval to City Council to rezone 12.07 +/- acres from the General Office (OFC-2) Zoning District to the Multi-family Residential (MFR-2) Zoning District. City of Palm Coast, Florida Agenda Item Agenda Date: July 5, 2022 Department CITY ADMINISTRATION Amount Division COMMUNICATIONS & Account MARKETING # Subject ORDINANCE 2021-XX AMENDING SECTION 2-1 (b) CITY OF PALM COAST CORPORATE SEAL; LOGO; USE OF, CODE OF ORDINANCES OF THE CITY OF PALM COAST Presenter: Brittany Kershaw, Communications & Marketing Director Background: UPDATE FROM THE JUNE 21, 2022 BUSINESS MEETING. This item was heard by City Council at their June 21, 2022 Business Meeting. There were no changes suggested to the item. ORIGINAL BACKGROUND FROM THE JUNE 21, 2022 BUSINESS MEETING. With the increasing digital environment sweeping the nation, it became a practical necessity for the City of Palm Coast to adopt a modern, responsive marketing logo design that could be used across various platforms from commercial vehicles to uniforms to digital experiences. The logo is scalable, meaning that it will maintain its clarity regardless of size, without losing any detail. The City’s marketing logo was created entirely in-house by members of the Communications & Marketing department in 2019 and can be seen throughout the City’s branding initiatives including the website, marketing materials, apparel, promotional items, City vehicles, and more. With the addition of the new marketing logo, the City’s Code of Ordinances must be updated. The old language adopted in 2004 stated: The City of Palm Coast Logo shall be similar to the corporate seal but in an oval shape with or without the "Palm Coast Incorporated 1999" band. The new proposed language states: The City logo may be revised by the City Manager from time to time. The most updated version of the City logo shall be kept on file with the City Clerk. *The City seal will not be affected or changed in any way. Recommended Action : ADOPT ORDINANCE 2021-XX AMENDING SECTION 2-1 (b) CITY OF PALM COAST CORPORATE SEAL; LOGO; USE OF, CODE OF ORDINANCES OF THE CITY OF PALM COAST City of Palm Coast, Florida Agenda Item Agenda Date: July 5, 2022 Department PUBLIC WORKS Amount $32,172,987 Division Account 54105010-034000 # Subject RESOLUTION 2022-XX APPROVING A CONTRACT WITH FCC ENVIRONMENTAL SERVICES FLORIDA LLC, FOR RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD WASTE, BULK WASTE, AND RECYCLING Presenter : Matt Mancill, Public Works Director, and Allison Trulock, NewGen Strategies and Solutions, Solid Waste Consultant Background: COUNCIL PRIORITY: C. Safe and Reliable Services 4. On high value service contracts, provide adequate quality control to ensure contractual compliance. The Public Works Streets Division is responsible for the oversight of the City of Palm Coast Solid Waste Collection Services contract. On February 15, 2022 City Council provided direction to City staff on the required services to be included in the request for proposals (RFP) for residential solid waste services. In summary, City Council requested we solicit identical services currently being provided to residents through the current contract addendum. On February 23, 2022, City staff issued RFP-CE-22-17 Residential Solid Waste Services consistent with City Council direction. The City received three bids that were deemed to be responsive and responsible. The Evaluation Committee evaluated and ranked the three proposals per the RFP and City Purchasing Policy and Procedures, ranking FCC Environmental Services Florida, LLC as the highest-rated bidder. On May 31, 2022, The Notice of Intent to Award was provided to FCC Environmental Services Florida, LLC. No protests were received in response to the Notice of Intent to Award. On June 3, 2022, Contract negotiations began with FCC Environmental Services Florida, LLC, reviewing services and monthly costs to residents. The contract with FCC includes the services requested by City Council as outlined in the RFP and the attached service agreement. The contract performance will begin on June 1, 2023, with a base contract term set at seven (7) years and three (3) optional one-year extensions. In addition, the agreement allows for an annual CPI adjustment utilizing the National Garbage and Trash Collection Index capped at a maximum of 4% increase per year. The monthly price per household for this service will be $32.12 plus a .20 per household administrative fee to cover the city's administrative costs for a total of $32.32 per household per month. SOURCE OF FUNDS WORKSHEET FY2023-2024 Account #54105010-034000 Balance………………………………………………………………………….$4,596,141 Recommended Action : RESOLUTION 2022-XX APPROVING A CONTRACT WITH FCC ENVIRONMENTAL SERVICES FLORIDA LLC, FOR RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD WASTE, BULK WASTE, AND RECYCLING City of Palm Coast, Florida Agenda Item Agenda Date: July 5, 2022 Department CONSTRUCTION Amount MANAGEMENT & ENGINEERING Division STORMWATER Account # Subject RESOLUTION 2022-XX APPROVING THE FISCAL SUSTAINABILITY PLAN FOR THE E-SECTION IMPROVEMENT PROJECT Presenter: Mike Peel, Engineer Background : On June 4, 2019, City Council approved a work order with DRMP, a continuing services provider for the City of Palm Coast, for engineering design services related to the E-Section stormwater improvement project. These services consisted of creating a drainage plan to perform dredging, canal, culvert, ditch improvements, and redirect drainage in a portion of the west area of the E-Section. These improvements will increase capacity and conveyance, and improve water quality, for both canals. Design services and plans have been completed and we are ready for phase one of construction which will include dredging of Easthampton (7,700 linear feet) and Eisenhower Waterways (5,500 linear feet). Staff recommended financing the proposed capital improvement project with a Florida Department of Environmental Protection (FDEP) State Revolving Fund (SRF) loan. On June 16, 2020, City Council authorized the approval of the City’s Finance Director to certify and execute the proposed Capital Financing Plan and to submit to the FDEP a request for inclusion. The approved Capital Finance Plan identified the sources of revenue in support of repayment for the proposed SRF loan. On June 16, 2020, City Council authorized approval to submit the loan application with the FDEP under the SRF Loan Program, Construction Loan Agreement #SW180400. The requested loan amount is $1,621,830.00 with an interest rate of 0% for a term of 20 years. On March 2, 2021, City Council authorized the execution of the SRF Loan for the E-Section Improvement Project. One of the requirements to participate in the SRF Loan Program is to obtain City Council approval for the E-Section Improvement Project Fiscal Sustainability Plan. This item is to request approval of the Fiscal Sustainability Plan. Recommended Action : ADOPT RESOLUTION 2022-XX APPROVING THE FISCAL SUSTAINABILITY PLAN FOR THE E SECTION IMPROVEMENT PROJECT City of Palm Coast, Florida Agenda Item Agenda Date: July 5, 2022 Department WATER AND WASTEWATER Amount $650,000.00 UTILITY Division Account #54029082 063000 82001 Subject RESOLUTION 2022-XX APPROVING A MASTER PRICE AGREEMENT WITH ALPHA GENERAL SERVICES, INC. FOR PEP TANK PUMP PANEL ASSEMBLIES Presenter : Danny Ashburn, Utility Systems Manager Background : The City of Palm Coast Utility Department maintains and operates a Pretreatment Effluent Pumping (PEP) system and is seeking a master price agreement for PEP tank pump panel assemblies. The current contract with Alpha General Services, Inc. is set to expire. City staff advertised and solicited bids for PEP tank pump panel assemblies in accordance with the City’s Purchasing Policy. Alpha General Services was the only respondent to the bid. City staff recommends entering into an agreement with the sole bidder, Alpha General Services, Inc., at $4,608.00 per package. The notice of intent to award and project bid overview is attached. Since this is a price agreement, City staff will purchase PEP tank pump panel assemblies using budgeted funds appropriated by City Council. The Fiscal Year 2022 Budget includes funding within the Utility Fund to pay for these services. City staff estimate that the City will expend approximately $4,000,000.00 annually under this contract. The total estimated amount for the remainder of this fiscal year is $650,000.00. The City revenues are currently over $7,000,000 for wastewater capacity fees due to the high growth rate we have experienced in the current fiscal year, based on this growth rate funds are needed to be added to the corresponding capital budget account. Projected revenues versus expenses for FY22 are shown below. SOURCE OF FUNDS WORKSHEET FY 2022 PEP SERVICE INSTALLS 54029082-063000-82001 $3,900,000.00 SOURCE OF FUNDS FY 2022 ADDITIONAL FUNDING 2,500,000.00 Total Expended/Encumbered to Date…………………………… 5,607,483.00 Pending Work Orders/Contracts………………………………… 0.00 Current (WO/Contract).…………………………………………… 650,000.00 Balance……………………………………………………………. $ 142,517.00 Recommended Action : ADOPT RESOLUTION 2022-XX APPROVING A MASTER PRICE AGREEMENT WITH ALPHA GENERAL SERVICES, INC. FOR PEP TANK PUMP PANEL ASSEMBLIES City of Palm Coast, Florida Agenda Item Agenda Date: July 5, 2022 Department COMMUNITY Amount DEVELOPMENT Division PLANNING Account # Subject RESOLUTION 2022-XX APPROVING A LAND EXCHANGE AGREEMENT BETWEEN KINGS BUSINESS CENTER LLC AND THE CITY OF PALM COAST Presenter: Jordan Myers, Environmental Planner, CFM Background: THIS IS A LEGISLATIVE ITEM. UPDATED BACKGROUND FROM THE JUNE 14, 2022 WORKSHOP This item was heard by City Council at their June 14, 2022 Workshop. There were no changes suggested to the item. ORIGINAL BACKGROUND FROM THE JUNE 14, 2022 WORKSHOP In early 2004, property was deeded to the City of Palm Coast for a future flyover that would connect Whiteview Parkway with Old Kings Road. Recently, Kings Business Center LLC submitted a rezoning application to the City. Upon receipt and review of the application, staff advised the applicant to provide the City with a land exchange agreement for 1.4 acres of land plus an additional 100 foot easement adjacent to exchanged property. The Agreement has been reviewed by legal and City staff, including our Director of Stormwater & Engineering and Site Development Engineer. Staff is in agreeance with this land exchange as the revised layout will impact less wetlands and could decrease future infrastructure costs to the City. Recommended Action: ADOPT RESOLUTION 2022-XX APPROVING A LAND EXCHANGE AGREEMENT BETWEEN KINGS BUSINESS CENTER LLC AND THE CITY OF PALM COAST City of Palm Coast, Florida Agenda Item Agenda Date : July 5, 2022 Department CITY ADMINISTRATION Amount Division CITY CLERK Account # Subject CALENDAR AND WORKSHEET Presenter : Background : Recommended Action :

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