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City Council

Regular Meeting

Palm Coast, FL · March 21, 2023

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Minutes

City Hall City of Palm Coast 160 Lake Avenue Minutes Palm Coast, FL 32164 www.palmcoastgov.com COUNCIL BUSINESS MEETING Mayor David Alfin Vice Mayor Ed Danko Council Member Theresa Carli Pontieri Council Member Cathy Heighter Council Member Nick Klufas Tuesday, March 21, 2023 9:00 AM 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 9:00 a.m. B PLEDGE OF ALLEGIANCE TO THE FLAG AND A MOMENT OF SILENCE 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: City of Palm Coast Created on 3/30/23 17 (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. Rabbi Merrill Shapiro-spoke on the invocation policy issues. Mike Cocchiola-spoke on invocation policy issues. Robert MacDonald-attended two weeks ago and spoke on Park safety at Ralph Carter and Holland Park. I was told someone would get back to me. Nobody got back with me. Fire Chief responded to Mr. MacDonald. Would like a response today. How much is a child's life worth? Carol Gunthorp-spoke on the invocation policy issues. Bob Tellar-spoke on invocation policy issues. Mike Martin-Chair for the Board for East Flagler Mosquito Control District. Invited Council to a tour and a flight of the district area. Donna Harkins-spoke to the invocation policy issues. George Mayo-Pep alarm went off while he was away. Used Siri for Pep Alarm. A little difficult, kept going around and around. Please somehow fix Palm Coast Siri for push numbers. E MINUTES 1 MINUTES OF THE CITY COUNCIL: City of Palm Coast Created on 3/30/23 18 MARCH 7, 2023, BUSINESS MEETING MARCH 14, 2023, WORKSHOP MEETING March 7, 2023, Business Meeting: A motion was made by Council Member Klufas to approve, which was seconded by Vice Mayor Danko. Motion passed unanimously. March 14, 2023, Workshop: A motion was made by Council Member Carli Pontieri to approve, which was seconded by Vice Mayor Danko. Motion passed unanimously. F APPOINTMENTS 2 APPOINTMENT TO THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD (PLDRB) Ms. Smith, City Clerk provided a brief overview to this item. Council voted unanimously by voting sheets, which are attached to these minutes, for David Ferguson to serve on this Board. 3 APPOINTMENTS TO THE BEAUTIFICATION AND ENVIRONMENTAL ADVISORY COMMITTEE (BEAC) Ms. Smith, City Clerk presented an overview to this item. One applicant was in attendance and the other emailed the Clerk he was unable to attend due illness. City Council unanimously appointed both applicants to the Beautification and Environmental Advisory Committee. G RESOLUTIONS 4 RESOLUTION 2023-XX ACCEPTING THE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022, AS PRESENTED BY JAMES MOORE & CO., P.L. R20230028 City Attorney read the title into the record. Mr. Webb Shephard, from James Moore Co., presented the annual audit for 2022 to City Council. Council held a discussion with Mr. Shepard: Council topics included: size of firm, how many local governments does the firm handle, future bidding process in a City of Palm Coast Created on 3/30/23 19 few years, rating offered is the highest rating that can be offered, why the City is deemed to have a favorable audit (financial position) financial assessment, even though the long-term debt has increased by $1.5 mil. For public reference there is positive growth of our community section, on page 10, which provides an economic outlook describing the positive notes our city has improved upon and page 30, which provides the government-wide overall financial analysis. City Council each provided a thank you to the auditor. Public Comments: Mike Martin-would like a copy of report. Pass Motion made to approve by Council Member Klufas and seconded by Vice Mayor Danko Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Carli Pontieri, Council Member Cathy Heighter 5 RESOLUTION 2023-XX APPROVING THE SUBMISSION OF A FLORIDA INLAND NAVIGATION DISTRICT (FIND) GRANT APPLICATION FOR THE CONSTRUCTION OF PHASE 2 WATERFRONT PARK BOAT AND KAYAK LAUNCH PARKING EXPANSION R20230034 City Attorney read the title into the record. Mr. Cote presented to City Council on this item. Council thanked FIND for their support and assistance as well as staff. Public Comments: Robert MacDonald-a grant is money from someone, and it does not have to be paid back; questioned on matching funds? The Mayor explained what a match is in government grants. There are different scales applied in grants. Mike Martin-spoke of the grant issue brought up by Mr. MacDonald to help clarify. Council Member Carli Pontieri provided a suggestion to show the costs broken down in the future. Mayor Alfin suggested Mr. Stappleford from FIND speak with Mr. MacDonald on this issue. City of Palm Coast Created on 3/30/23 20 Mr. Stappleford provided an overview to the grant match issue. This is a state 50/50 grant. Pass Motion made to approve by Council Member Carli Pontieri and seconded by Council Member Klufas Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Carli Pontieri, Council Member Cathy Heighter 6 RESOLUTION 2023-XX APPROVING AMENDING THE PARKS & RECREATION FEE STRUCTURE R20230029 Pass Motion made to approve by Vice Mayor Danko and seconded by Council Member Klufas Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Carli Pontieri, Council Member Cathy Heighter City Attorney read the title into the record. Mr. James Hirst and Ms. Brittany McDermott presented a brief overview to this item. Council topics discussed: Cost recovery at the Tennis Center, Southern Recreation Center and the Aquatics comes up short, but the programs are making up for that, encouraging cost recovery. Also, discussed additional usage at the pool. Public Comments: There were none. H CONSENT There were no public comments on the consent agenda. 7 RESOLUTION 2023-XX APPROVING THE EAST FLAGLER MOSQUITO CONTROL DISTRICT LOW LEVEL FLIGHTS AND TO AUTHORIZE THE APPLICATION OF INSECTICIDES APPROVED AND LABELED FOR MOSQUITO CONTROL BY CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT R20230030 City of Palm Coast Created on 3/30/23 21 Pass Motion made to be adopted on consent by Vice Mayor Danko and seconded by Council Member Carli Pontieri Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Carli Pontieri, Council Member Cathy Heighter 8 RESOLUTION 2023-XX APPROVING PIGGYBACKING THE ORANGE COUNTY CONTRACT WITH XYLEM WATER SOLUTIONS USA, INC., FOR THE PURCHASE OF FLYGT PUMPS, PARTS, AND REPAIRS R20230032 Pass Motion made to be adopted on consent by Vice Mayor Danko and seconded by Council Member Carli Pontieri Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Carli Pontieri, Council Member Cathy Heighter 9 RESOLUTION 2023-XX APPROVING AMENDING THE AGREEMENT WITH PAYMENTUS CORPORATION REVISING THE MASTER SERVICE AGREEMENT FOR ELECTRONIC PAYMENT SERVICES R20230031 Pass Motion made to be adopted on consent by Vice Mayor Danko and seconded by Council Member Carli Pontieri Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Carli Pontieri, Council Member Cathy Heighter 10 RESOLUTION 2023-XX APPROVING A FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) RELATING TO HURRICANE NICOLE EXPENSES R20230027 Pass Motion made to be adopted on consent by Vice Mayor Danko and seconded by Council Member Carli Pontieri City of Palm Coast Created on 3/30/23 22 Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Carli Pontieri, Council Member Cathy Heighter 11 RESOLUTION 2023-XX APPROVING PIGGYBACKING THE GENERAL SERVICES ADMINISTRATION CONTRACT WITH CIVICPLUS, LLC FOR PARKS & RECREATION MANAGEMENT SOFTWARE R20230033 Pass Motion made to be adopted on consent by Vice Mayor Danko and seconded by Council Member Carli Pontieri Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Carli Pontieri, Council Member Cathy Heighter I PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. Robert MacDonald-spoke on Moment of Silence. Would like it to be for all our service members of our Country, police officers and fire fighters. J DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA Vice Mayor Danko-Parks & Recreation Survey. Had a lot of people contact him this weekend regarding the question "Are you male, female, or what do you identify as?" What you identify as has nothing to do with what is in that survey. Pointless, this is woke indoctrination to me. It needs to stop. I will not embrace this insane liberalism. Never wants to see a question like that again. Many let him know they were upset by this question. Vice Mayor Danko made a motion that City Council review the surveys before it is put out to the public, so they can discuss any issues with the City Manager. Council Member Carli Pontieri would like to see it as part of a workshop regarding surveys. Council held a discussion on timeline and Council's review of surveys. Mayor Alfin agrees it should be reviewed by Council as well. He took exception with the length of the survey. Council Member Heighter agrees it should be reviewed by Council. Council Member Klufas agrees as well. Motion passed unanimously. Council Member Carli Pontieri-congratulated three graduates from Drug Court she attended last week. Mentioned it is a great program offered by the County. Council Member Carli Pontieri had also received comments from the public on the Harborside project and the fueling station and the Marina-can it be bulldozed. She followed up with Ray Tyner and Jason DeLorenzo. Mr. Tyner replied with City of Palm Coast Created on 3/30/23 23 the guidance from the terms in the Master Planned Development regarding Lot 1 and Lot 2. Explained any change would require an amendment through PLDRB. Mayor confirmed this relates to the restaurant lot as well. Safety concerns regarding park safety. She met with the City Manager and the Assistant City Manager and there are safety mechanisms put in place. They are being patrolled and monitored by the Sheriff's Office. April is Child Abuse Prevention Month. On March 31, 2023, it is National Wear Blue Day to raise awareness to Child Abuse Prevention, (as well as through the first week of April). There is a virtual Teen Town Hall addressing bullying, dating violence, sexting, and human trafficking on March 30, 2023. Mayor Alfin saw a media report that Flagler County is the 2nd safest City in the State of Florida. Each Council is dedicated to improving safety. Council Member Heighter-attended the Drug Court. She stated it was a privilege to attend. Also, spoke with a judge at the ceremony, the possibility to have a Veteran's Court here in Flagler County. Addressed Mr. MacDonald stating her appreciation for honoring our veterans and any of those that service our Country in the Moment of Silence. Council Member Klufas-Echoed all the comments. And tonight, is Food Truck Tuesday. 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 12 REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR FEBRUARY 2023 Ms. Johnston thanked Council for their guidance on the survey. Ms. Johnston reminded Council the reporting of emergency and sole source purchasing in in the packet. M ADJOURNMENT The meeting was adjourned at 10:31 a.m. Respectfully submitted by: Virginia A. Smith, MMC City Clerk 13 AGENDA WORKSHEET AND CALENDAR City of Palm Coast Created on 3/30/23 24

Agenda

City Hall City of Palm Coast 160 Lake Avenue Agenda Palm Coast, FL 32164 www.palmcoastgov.com COUNCIL BUSINESS MEETING Mayor David Alfin Vice Mayor Ed Danko Council Member Theresa Carli Pontieri Council Member Cathy Heighter Council Member Nick Klufas Tuesday, March 21, 2023 9:00 AM 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 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 3/16/23 1 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. E MINUTES 1 MINUTES OF THE CITY COUNCIL: MARCH 7, 2023, BUSINESS MEETING MARCH 14, 2023, WORKSHOP MEETING F APPOINTMENTS 2 APPOINTMENT TO THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD (PLDRB) 3 APPOINTMENTS TO THE BEAUTIFICATION AND ENVIRONMENTAL ADVISORY COMMITTEE (BEAC) G RESOLUTIONS 4 RESOLUTION 2023-XX ACCEPTING THE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022, AS PRESENTED BY JAMES MOORE & CO., P.L. 5 RESOLUTION 2023-XX APPROVING THE SUBMISSION OF A FLORIDA INLAND NAVIGATION DISTRICT (FIND) GRANT APPLICATION FOR THE CONSTRUCTION OF City of Palm Coast Created on 3/16/23 2 PHASE 2 WATERFRONT PARK BOAT AND KAYAK LAUNCH PARKING EXPANSION 6 RESOLUTION 2023-XX APPROVING AMENDING THE PARKS & RECREATION FEE STRUCTURE H CONSENT 7 RESOLUTION 2023-XX APPROVING THE EAST FLAGLER MOSQUITO CONTROL DISTRICT LOW LEVEL FLIGHTS AND TO AUTHORIZE THE APPLICATION OF INSECTICIDES APPROVED AND LABELED FOR MOSQUITO CONTROL BY CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT 8 RESOLUTION 2023-XX APPROVING PIGGYBACKING THE ORANGE COUNTY CONTRACT WITH XYLEM WATER SOLUTIONS USA, INC., FOR THE PURCHASE OF FLYGT PUMPS, PARTS, AND REPAIRS 9 RESOLUTION 2023-XX APPROVING AMENDING THE AGREEMENT WITH PAYMENTUS CORPORATION REVISING THE MASTER SERVICE AGREEMENT FOR ELECTRONIC PAYMENT SERVICES 10 RESOLUTION 2023-XX APPROVING A FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) RELATING TO HURRICANE NICOLE EXPENSES 11 RESOLUTION 2023-XX APPROVING PIGGYBACKING THE GENERAL SERVICES ADMINISTRATION CONTRACT WITH CIVICPLUS, LLC FOR PARKS & RECREATION MANAGEMENT SOFTWARE 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 12 REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR FEBRUARY 2023 M ADJOURNMENT 13 AGENDA WORKSHEET AND CALENDAR City of Palm Coast Created on 3/16/23 3 City of Palm Coast, Florida Agenda Item Agenda Date : March 21, 2023 Department CITY ADMINISTRATION Amount Division CITY CLERK Account # Subject MINUTES OF THE CITY COUNCIL: MARCH 7, 2023, BUSINESS MEETING MARCH 14, 2023, WORKSHOP MEETING Presenter : Virginia A. Smith, City Clerk Background : Recommended Action : APPROVE MINUTES OF THE CITY COUNCIL: MARCH 7, 2023, BUSINESS MEETING MARCH 14, 2023, WORKSHOP MEETING 4 City of Palm Coast, Florida Agenda Item Agenda Date : March 21, 2023 Department CITY ADMINISTRATION Amount Division CITY CLERK Account # Subject APPOINTMENT TO THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD (PLDRB) Presenter : Virginia A. Smith, City Clerk Background : UPDATED FROM THE MARCH 14, 2023, WORKSHOP MEETING Council interviewed the applicants at the March 14, 2023, Workshop Meeting. There were no changes suggested to this item. ORIGINAL BACKGROUND FROM THE MARCH 14, 2023, WORKSHOP MEETING In October 2022, City Council appointed Mr. Christopher Gabriel to the Planning and Land Development Regulation Board (PLDRB). Mr. Gabriel’s application was the only one received from District 3. Mr. Gabriel has since resigned his seat and now City Council needs to appoint a replacement Board Member from District 3 to the PLDRB. Pursuant to State law, the PLDRB is designated as the local planning agency. Responsibilities of the PLDRB include making recommendations to the City Council regarding the Comprehensive Plan, Land Development Code, and development applications. Further, the PLDRB acts as final authority (subject to appeal to the City Council) on special exceptions. Section 2-2(a)(1) of the City’s Code of Ordinances says, “All appointees shall be limited to two consecutive terms of office on the same body unless the City Council by a four-fifths vote determines that it is in the best interests of the City to appoint a person to a term of office exceeding that limitation.” Section 2-2(a)(5) of the City's Code of Ordinances provides, “In appropriate circumstances the City Council shall make every reasonable effort to ensure that City Council Districts are as equally represented as practicable; provided, however, that the City's local planning agency (Planning and Land Development Regulation Board) shall have at least one appointed from each City Council District.” Staff advertised in various ways on multiple occasions, including advertising in the media, on social media sites, as well as the City’s website. Although, there were four (4) applications received for this vacancy, two are not qualified as they do not reside in District 3. The following are the two applicants for Council’s consideration: APPLICANTS DISTRICT OCCUPATION David Ferguson 3 Corporate Executive, Former City Council Member Dana Stancel 3 Retired US Postal Carrier, Retired US Soldier 16 District information has been verified by the City Clerk’s office. Staff has also performed the necessary background screenings of all applicants. The results are available in Human Resources. Recommended Action : APPOINT ONE APPLICANT TO THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD (PLDRB) 17 City of Palm Coast, Florida Agenda Item Agenda Date : March 21, 2023 Department CITY ADMINISTRATION Amount Division CITY CLERK Account # Subject APPOINTMENTS TO THE BEAUTIFICATION AND ENVIRONMENTAL ADVISORY COMMITTEE (BEAC) Presenter : Virginia A. Smith, City Clerk Background : The City of Palm Coast’s Beautification and Environmental Advisory Committee (BEAC) was created under Resolution 2006-07. Section 2.(b). The Committee shall be constituted of a total of five (5) voting members with one (1) member being appointed by the Mayor and each member of City Council from the City Council district represented, if practicable. All Committee members must be registered voters and residents of the City of Palm Coast. Each member shall serve terms of four (4) years, but the City Council may develop a program of uniform appointment and reappointment for all appointed bodies providing for uniform appointment dates, staggered terms and related matters. Section 2.(c). The objectives of the Committee shall be to identify issues within the City of Palm Coast relating to the beautification, scenic beauty, natural resource conservation, aesthetic enhancements, environmental protection and other related matters and to evaluate and consider activities, methods, projects and programs that could be implemented within the City to address the matters considered by the Committee and the issues studied by the Committee. The Committee may make recommendations to the Planning and Land Development Regulation Board with regard to Comprehensive Plan amendments and land development regulations involving its areas of review. The two committee members who resigned are Ms. Sabrina Rinaldi and Mr. Robert Branin. The remaining committee members are Mr. Kevin Saint, Mr. Ronald Silvers, and Ms. Mary Vasilevsky. The term for the vacant members will expire on May 1, 2026. Staff advertised in various ways on multiple occasions, including advertising in the media, on social media sites, and on the City’s website. The following are the two applicants for Council’s consideration: APPLICANTS DISTRICT OCCUPATION Kenneth B. Jones 4 International Research Planner Zachary Marciano 4 Medical Facility Administrator 31 District information has been verified by the City Clerk’s office. Staff has also performed the necessary background screenings of all applicants. The results are available in Human Resources. Recommended Action : APPOINT TWO APPLICANTS TO THE BEAUTIFICATION AND ENVIRONMENTAL ADVISORY COMMITTEE (BEAC) 32 City of Palm Coast, Florida Agenda Item Agenda Date : March 21, 2023 Department FINANCIAL SERVICES Amount Division Account # Subject RESOLUTION 2023-XX ACCEPTING THE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022, AS PRESENTED BY JAMES MOORE & CO., P.L. Presenter : Helena Alves, Director of Financial Services Background : The annual audit has been completed by James Moore & Co., P.L., for the fiscal year ending September 30, 2022, and the Annual Comprehensive Financial Report has been prepared. Webb Shephard, Certified Public Accountant from James Moore & Co., P.L. will present the audit report for review and acceptance by City Council. A copy of the report is attached as Exhibit A. Recommended Action : ADOPT RESOLUTION 2023-XX ACCEPTING THE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022, AS PRESENTED BY JAMES MOORE & CO., P.L. 46 City of Palm Coast, Florida Agenda Item Agenda Date : March 21, 2023 Department CONSTRUCTION Amount MANAGEMENT & ENGINEERING Division Account # Subject RESOLUTION 2023-XX APPROVING THE SUBMISSION OF A FLORIDA INLAND NAVIGATION DISTRICT (FIND) GRANT APPLICATION FOR THE CONSTRUCTION OF PHASE 2 WATERFRONT PARK BOAT AND KAYAK LAUNCH PARKING EXPANSION Presenter: Carl Cote, Director of Stormwater & Engineering Background : Council Priority: D. Sustainable Environment and Infrastructure The City of Palm Coast received Florida Inland Navigation District (FIND) grant funding for Phase 1 parts A, B, and C which included a non-motorized vessel launch, kayak launch, pre- launch staging area, dredging, and shoreline stabilization. Phase 2 of this project will consist of sitework, grading, paving, and utility scopes of work associated with the expansion of the parking serving the boat ramp/kayak launch and enhanced accessibility to the facility. This agenda item is for approval to submit a FIND grant application for the construction of Phase 2 Waterfront Park Boat and Kayak Launch Parking Expansion. Original Background The City requested multi-year funding for Phase 1 for the boat dock and launch. FIND allows multi-year approved projects to submit up to 3 requests. The City has identified multi-year components described below and shown on the attached graphic as Phase 1 Part A, Part B, and Part C. Part A – Sitework, Boat Launch & Dock Access Part B – Dredging & Shoreline Modification Part C – Coquina Revetment & Floating Dock On April 7, 2020, City Council gave approval to submit a grant application to further enhance the recreational uses within the park and contiguous waterways. A non-motorized boat access through a floating pier structure, shoreline stabilization, and dredging activities are proposed for the park. The improvements are associated with a larger conceptual plan to expand parking and traffic circulation within the site. Ample right-of-way stabilized grass parking along the north side of Waterfront Park Road will support any vehicles with trailers. The project will enhance park users’ experiences by highlighting connections to other regional attractions via water-based activities. 257 On October 20, 2020, City Council entered into a grant agreement (FL-PC-20-31) for $146,000 for Phase 1 Part A of the project. On March 2, 2021, City Council gave the approval to submit a grant application to FIND for Construction of Phase 1 Part B of the project. On November 16, 2021, City Council entered into a grant agreement (FL-PC-31-32) for $211,250.00 for Phase 1 Part B of the project. On March 15, 2022, City Council gave the approval to submit a FIND grant application for the construction of Waterfront Park Phase 1 Part C of the project. On October 18, 2022, City Council entered into a grant agreement (FL-PC-22-23) for $109,900.00 for Phase 1 Part C of the project. Council also approved a work order for construction, engineering, and inspection (CEI) services with CPH Consulting, LLC and a construction contract with Saboungi Construction, Inc. This item is to obtain City Council approval to submit a FIND grant application for the construction of Waterfront Park Phase 2 improvements. Recommended Action : ADOPT RESOLUTION 2023-XX APPROVING THE SUBMISSION OF A FLORIDA INLAND NAVIGATION DISTRICT (FIND) GRANT APPLICATION FOR THE CONSTRUCTION OF PHASE 2 WATERFRONT PARK BOAT AND KAYAK LAUNCH PARKING EXPANSION 258 City of Palm Coast, Florida Agenda Item Agenda Date : March 21, 2023 Department PARKS & RECREATION Amount Division Account # Subject RESOLUTION 2023-XX APPROVING AMENDING THE PARKS & RECREATION FEE STRUCTURE Presenter : James Hirst, Director of Parks & Recreation and Brittany McDermott, Deputy Director of Parks & Recreation Background: UPDATE FROM THE MARCH 14, 2023, WORKSHOP: During the Workshop held on March 14, 2023, City Council provided feedback and posed questions regarding the Recreation Fee Structure. City Staff has since prepared detailed responses and in-depth data to address these matters. This information will be presented during the March 21, 2023 Business Meeting. ORIGINAL BACKGROUND FROM THE MARCH 14, 2023, WORKSHOP: The City of Palm Coast Parks & Recreation Department is seeking to evaluate our current fee structure. The fees in question are the Palm Coast Aquatics Center Pool Admission and Pass Holder Rates, due to being opening year-round, and the upcoming Southern Recreation Center Admission and Pass Holder Rates. This analysis is in line with City Council’s priority of maintaining financial strength within the City and promoting fiscal responsibility to ensure future stability. Reviewing our fees on a regular basis also allows us to balance cost recovery and maintain the level of quality in our programs and facilities that our residents expect and deserve. Analyzing the Parks & Recreation Fee Structure involves several steps: • The first step is to review the current fee structure and determine what changes may need to be made. • The second step is reaching out to our local user groups and receiving their feedback on current fees as well as future fee adjustments. • The third step is finding comparable organizations to which we can compare our fees. Staff is looking for feedback and direction on the proposed rates for the Palm Coast Aquatics Center and the Southern Recreation Center. Recommended Action : ADOPT RESOLUTION 2023-XX APPROVING AMENDING THE PARKS & RECREATION FEE STRUCTURE 310 City of Palm Coast, Florida Agenda Item Agenda Date : March 21, 2023 Department CITY ADMINISTRATION Amount Division CITY CLERK Account # Subject RESOLUTION 2023-XX APPROVING THE EAST FLAGLER MOSQUITO CONTROL DISTRICT LOW LEVEL FLIGHTS AND TO AUTHORIZE THE APPLICATION OF INSECTICIDES APPROVED AND LABELED FOR MOSQUITO CONTROL BY CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT Presenter : Virginia A. Smith, City Clerk Background : Each year, the East Flagler Mosquito Control District (EFMCD) requests authorization to fly over congested areas in compliance with Federal Aviation Administration requirements. The Citizens of the City of Palm Coast pay for mosquito control services through property taxes, with a portion of this payment covering aerial operations. To provide the service in a timely fashion without contacting each local government prior to each operation, the EFMCD requires a signed authorization that is in effect for one year. This authorization has become a formality over the years. In addition, EFMCD is requesting the authorization for their contractor, Clarke Environmental Mosquito Management, or their subcontractors, Dynamic Aviation, Inc., and Ag Air Services LLC, to apply insecticides approved and labeled for mosquito control use over congested areas of Flagler County by low-flying aircraft. The authorization permits the district to perform low-level flights (500 feet) for mosquito control. The primary use for the aircraft is the control of developing mosquitos away from congested areas in and around wetlands. The EFMCD does not apply control materials over congested areas unless the need arises. The EFMCD, consulting with health officials, is solely responsible for determining need, which is driven by an extraordinary nuisance or an impending health threat. The requested authorization allows the EFMCD to take the necessary action when the need is officially determined. Public Notice will be published monthly, beginning in March, and ending in October, to provide ongoing public awareness about aerial spray operations and contact information. Additionally, EFMCD requests Council designate a member of the City’s elected body to accompany them on an inspection flight of the district. If no member of your elected body is interested in an aerial tour, then a tour of the facilities and overview of operations can be done without an elected official. Recommended Action : ADOPT RESOLUTION 2023-XX APPROVING THE EAST FLAGLER MOSQUITO CONTROL DISTRICT LOW LEVEL FLIGHTS AND TO AUTHORIZE THE APPLICATION OF INSECTICIDES APPROVED AND LABELED FOR MOSQUITO CONTROL BY CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT 321 City of Palm Coast, Florida Agenda Item Agenda Date : March 21, 2023 Department WATER AND WASTEWATER Amount AS NEEDED UTILITY Division WASTEWATER Account MULTIPLE # Subject RESOLUTION 2023-XX APPROVING PIGGYBACKING THE ORANGE COUNTY CONTRACT WITH XYLEM WATER SOLUTIONS USA, INC., FOR THE PURCHASE OF FLYGT PUMPS, PARTS, AND REPAIRS Presenter: James Melley, Utility Systems Manager Background : Council Priority: D. Sustainable Environment and Infrastructure The City of Palm Coast Utility Department has identified the need for pumps, parts, and repairs based on the City’s standards and the proprietary aspects of lift stations within the wastewater collection system. The Utility Department has a priority for service, repair, and replacement of vital pumps within the Utility System on an as-needed basis. Flygt pumps are currently the only approved pumps within City standards. City staff is recommending piggybacking the Orange County Contract (#Y22-103-MV) with Xylem Water Solutions USA, Inc., through November 30, 2024, for the purchase of Flygt pumps, parts, and repairs. Piggybacking existing competitively bid contracts is advantageous since the pricing is generally better than what the City could obtain on its own, and the City does not incur the expense and delay of soliciting a bid. City staff will purchase items on an as-needed basis upon City Council approved budgeted funds. Recommended Action : ADOPT RESOLUTION 2023-XX APPROVING PIGGYBACKING THE ORANGE COUNTY CONTRACT WITH XYLEM WATER SOLUTIONS USA, INC., FOR THE PURCHASE OF FLYGT PUMPS, PARTS, AND REPAIRS 328 City of Palm Coast, Florida Agenda Item Agenda Date : March 21, 2023 Department FINANCIAL SERVICES Amount $639,500 Division Account 10013508, 54015010, # 54019099, 54209099, Account 034000 Subject RESOLUTION 2023-XX APPROVING AMENDING THE AGREEMENT WITH PAYMENTUS CORPORATION REVISING THE MASTER SERVICE AGREEMENT FOR ELECTRONIC PAYMENT SERVICES Presenter : Helena Alves, Director of Financial Services Background : Council Priority: A. Strong Resilient Economy The City of Palm Coast and Paymentus Corporation entered into the agreement for electronic bill payment services on June 6, 2015, last renewed on June 5, 2020, and currently desire to amend the Agreement to update the Schedule “A” fee model. This Amending Agreement is a revision of the current contract terms and conditions and allows for the maximum transaction amount to be increased from $20,000 to $30,000. The Agreement updates the fee schedule to reduce the rate applicable to the building department permit payments and allows for a flat rate for ACH/eCheck payment types. SOURCE OF FUNDS FY 2022-2023 Code Enforcement: 10013508-034000 Budgeted $3,500.00 Paid to date (including January) $1,023.26 Current contract $0.00 Balance $2,476.74 Solid Waste: 54015010-034000 Budgeted $100,000.00 Paid to date (including January) $25,147.72 Current contract $0.00 Balance $74,852.28 Utility Non-Departmental:54019099-034000 Budgeted $436,000.00 Paid to date (including January) $109,644.06 Current contract $0.00 Balance $326,355.94 Stormwater Non-Departmental: 54209099-034000 Budgeted $100,000.00 Paid to date (including January) $25,147.72 Current contract $0.00 Balance $74,852.28 389 Recommended Action : ADOPT RESOLUTION 2023-XX APPROVING AMENDING THE AGREEMENT WITH PAYMENTUS CORPORATION TO REVISE THE MASTER SERVICE AGREEMENT FOR ELECTRONIC PAYMENT SERVICES 390 City of Palm Coast, Florida Agenda Item Agenda Date : March 21, 2023 Department FINANCIAL SERVICES Amount To be determined Division Account 21030099/55261 54019082/55261 Subject RESOLUTION 2023-XX APPROVING A FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) RELATING TO HURRICANE NICOLE EXPENSES Presenter : Helena Alves, Director of Financial Services Background : The Department of Homeland Security Federal Emergency Management Agency has made available to the City, through the Florida Division of Emergency Management (FDEM), a grant for debris removal, emergency protective measures, and repair or replacement of damaged facilities related to the effects of Hurricane Nicole in November 2022. The City Council of the City of Palm Coast is being requested to approve the terms and conditions of the federally funded subgrant agreement with the FDEM and authorize the Mayor to execute the agreement and any subsequent amendments relating to Hurricane Nicole. Recommended Action : ADOPT RESOLUTION 2023-XX APPROVING A FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) RELATING TO HURRICANE NICOLE EXPENSES 396 City of Palm Coast, Florida Agenda Item Agenda Date : March 21, 2023 Department PARKS & RECREATION Amount Over $50,000 Division Account 10016016-034000, 10016066- # 034000,10016076-034000, 65052525-051020 Subject RESOLUTION 2023-XX APPROVING PIGGYBACKING THE GENERAL SERVICES ADMINISTRATION CONTRACT WITH CIVICPLUS, LLC FOR PARKS & RECREATION MANAGEMENT SOFTWARE Presenter : James Hirst, Director of Parks & Recreation Background : Council Priority: C. Safe and Reliable Services The Parks & Recreation department is responsible for providing a safe and entertaining environment for the community to enjoy. With the increasing demand for public parks and recreational activities, the department needs an efficient way to manage the resources required to meet these demands. CivicPlus software CivicRec can continue to help the Parks & Recreation department streamline operations, improve customer service, and simplify resource management. The City had a previous contract with CivicPlus for the CivicRec software from 2017 until 2022 and is requesting that we continue using the software. City staff is recommending piggybacking the General Services Administration contract (#GS- 35F-124U) with CivicPlus, LLC through December 11, 2027, for the service of Parks & Recreation management software. Piggybacking existing competitively bid contracts is advantageous since the pricing is generally better than what the City could obtain on its own, and the City does not incur the expense and delay of soliciting a bid. City staff anticipates a cumulative amount of over $50,000 during the five-year duration of the contract. However, they intend to utilize only the budgeted funds appropriated by City Council per fiscal year. For the present fiscal year, the budget allocated for Software Renewal and Credit Card Fees is $40,000. Nonetheless, Staff expects to expend only approximately $14,700 of the budgeted funds with CivicPlus. This is due to the allotment of Credit Card Fees funds between two vendors. Recommended Action : ADOPT RESOLUTION 2023-XX APPROVING PIGGYBACKING THE GENERAL SERVICES ADMINISTRATION CONTRACT WITH CIVICPLUS, LLC FOR PARKS & RECREATION MANAGEMENT SOFTWARE 412 City of Palm Coast, Florida Agenda Item Agenda Date : March 21, 2023 Department FINANCIAL SERVICES Amount Division Account # Subject REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR FEBRUARY 2023 Presenter : Lauren Johnston, Assistant City Manager Background : Attached is a list of all emergency and sole source purchases for the month of February 2023, in accordance with Sec. 2.25 of Chapter 2, Article 1 Division 3 of the Code of Ordinances of the City of Palm Coast (Procurement Policy). Recommended Action : FOR REPORTING ONLY - VIA CITY MANAGER COMMENTS 640

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