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City Council

Regular Meeting

Palm Coast, FL · August 15, 2023

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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 Ed Danko Council Member Cathy Heighter Council Member Nick Klufas Council Member Theresa Pontieri Tuesday, August 15, 2023 9:00 AM COMMUNITY WING City Staff Denise Bevan, City Manager Neysa Borkert, City Attorney Kaley Cook, City Clerk • Public Participation shall be in accordance with Section 286.0114 Florida Statutes. • Other matters of concern may be discussed as determined by City Council. • If you wish to obtain more information regarding the City Council’s agenda, please contact the City Clerk's Office at 386-986- 3713. • In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons needing a reasonable accommodation to participate in any of these proceedings or meeting should contact the City Clerk at 386-986-3713, at least 48 hours prior to the meeting. • City Council Meetings are streamed live on YouTube at https://www.youtube.com/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 Kaley Cook called the roll. All members were present. D. PUBLIC PARTICIPATION Public Participation shall be held in accordance with Section 286.0114 Florida Statutes. And pursuant to the City Council’s Meeting Policies and Procedures: (1) Each speaker shall at the podium, provide their name and may speak for up to 3 minutes. City of Palm Coast Created on 9/5/23 (2) The Public may provide comments to the City Council relative to matters not on the agenda at the times indicated in this Agenda. Following any comments from the public, there may be discussion by the City Council. (3) When addressing the City Council on specific, enumerated Agenda items, speakers shall: (a) direct all comments to the Mayor; (b) make their comments concise and to the point; (c) not speak more than once on the same subject; (d) not, by speech or otherwise, delay or interrupt the proceedings or the peace of the City Council; (e) obey the orders of the Mayor or the City Council; and (f) not make any irrelevant, impertinent or slanderous comments while addressing the City Council; which pursuant to Council rules, shall be considered disorderly. (4) Any person who becomes disorderly or who fails to confine his or her comments to the identified subject or business, shall be cautioned by the Mayor and thereafter must conclude his or her remarks on the subject within the remaining designated time limit. Any speaker failing to comply, as cautioned, shall be barred from making any additional comments during the meeting and may be removed, as necessary, for the remainder of the meeting. Members of the public may make comments during the public comment portion of the meeting. Please be advised that public comment will only be permitted during the public comment portions of the agenda at the times indicated by the Chair during the meeting. Robert MacDonald spoke about last week's Council Workshop meeting and times of public comment during Council Meetings. Mayor Alfin asked Attorney Borkert to provide information since the question related to procedure. Attorney Borkert provided the procedure for public comment. Mayor Alfin asked for a consensus from City Council, to discuss public comment on an upcoming agenda item related to policy and procedure. Council concurred. Mayor Alfin asked Ms. Bevan to have this item included in a future workshop. Ken McDowell spoke about a prior demand for a forensic audit and shared the discussion during last week's Council meeting. Mr. McDowell stated that he is again demanding a forensic audit. Patricia Pasternack shared concern for speed on Ryan Drive and asked the city to consider speed bumps. Jan Manella spoke about traffic impacts on Seminole Woods with the current projects in the area. Ms. Manella hoped the City would consider making Seminole Woods a 4-lane road to accommodate traffic increase. Mayor Alfin asked Commander Reynolds, Sheriff's Office Liaison, to speak on these comments at the end of public comment. City of Palm Coast Created on 9/5/23 Robert Meyer wanted to recognize Andrea Mudryk, Project Manager I, and Carmelo Morales, Stormwater Engineer III, for their assistance with understanding Stormwater Fees for Grand Landings. Additionally, Mr. Meyer spoke about Stormwater use and fees in Grand Landings. Dennis McDonald spoke about a forensic audit, zoning, and consideration to projects around the Flagler County Airport, and the location and protection of wells during the westward expansion. Clemente Tullio spoke about nuisance abatement and fire mitigation and asked how the fees are determined. Additionally, Mr. Tullio spoke about contact methods and asked how to have his name removed from the Nuisance Abatement list on today’s agenda. Anna Sevacha supported the City’s agreement for forensic audit requested by residents. Vice Mayor Danko spoke about the forensic audit and discussions of Council over the last few meetings. Vice Mayor Danko was in favor of asking staff to find a forensic auditor and bringing additional information to Council. Mayor Alfin spoke about the definition of a forensic audit and Council discussion thus far. Mayor Alfin shared his understanding of the process and need to define the scope of the forensic audit. Mayor Alfin asked if Council should receive public input to determine the scope of the audit. Council held lengthy discussion on defining the scope, definition of a forensic audit, and process of moving forward. Mayor Alfin asked for a consensus from City Council to ask staff to reach out to a firm to determine what a firm would require from the City in order to conduct a forensic audit. Council Member Heighter shared that all Council Members have admitted that they don't know what it would take to conduct a forensic audit and was in favor of collecting additional information on conducting a forensic audit and bringing the decision back to constituents. Council Member Pontieri discussed the history of this topic and was in favor with moving forward as discussed. Mayor Alfin provided direction to Ms. Bevan, City Manager, to provide consensus from the dais to bring forward an expert that would be able to clarify the definition of a forensic audit, the scope, and if possible, a range of expense at the next possible agenda. Mayor Alfin asked Ms. Bevan to provide an update each week on the process. Commander Reynolds shared efforts of Flagler County Sheriff's Office and asked residents to report the issues. Commander Reynolds shared how to report the information. E. MINUTES City of Palm Coast Created on 9/5/23 1. MINUTES OF THE CITY COUNCIL: AUGUST 1, 2023, BUSINESS MEETING AUGUST 8, 2023, WORKSHOP MEETING Motion by Council Member Pontieri, seconded by Council Member Klufas, to approve the August 1, 2023, Business Meeting Minutes. Motion by Council Member Pontieri, seconded by Council Member Klufas, to approve the August 8, 2023, Workshop Meeting Minutes. F. PROCLAMATIONS 2. PROCLAMATION - AUGUST 31, 2023, AS INTERNATIONAL OVERDOSE AWARENESS DAY Council Member Heighter presented the Proclamation to members of the Flagler County Drug Court Foundation. Michael Feldbauer thanked Council for the Proclamation, shared about an event on August 31 for a walk over the bridge, and discussed overdoses in Palm Coast. Mr. Feldbauer introduced members of the Foundation. Mayor Alfin asked if it would appropriate to offer the Proclamation at an upcoming drug court graduation. Mr. Feldbauer was in favor of the idea and shared that he will bring the idea to the drug court. G. ORDINANCES SECOND READ 3. ORDINANCE 2023-10 VOLUNTARY ANNEXATION OF 330.8 ACRES SOUTH OF FLAGLER COUNTY AIRPORT ON THE NORTH/WEST SIDE OF SEMINOLE WOODS BOULEVARD Attorney Borkert read the title into the record. Ray Tyner, Deputy Chief of Community Development, shared a brief background of the item. Jose Papa, Senior Planner, provided a description of the item. There were no changes to the item since first reading Mayor Alfin asked for a description of voluntary annexation. Mr. Papa provided a description. Public Comment: Bob Myer spoke about 44 acres that are currently within Grand Landings. Mr. Papa shared information on the 44 acres discussed by Mr. Myer. Dennis McDonald spoke about noise, federal regulations, zoning regulations related to the airport, and complaints from new residents in the area of the airport. City of Palm Coast Created on 9/5/23 Mayor Alfin asked Mr. Tyner to summarize discussions with the County. Mr. Tyner shared information related to the public comment. Mayor Alfin asked Mr. Tyner if staff has communication with the County to be aware of what they are, or are not, doing. Mr. Tyner responded yes. Jan Manella asked for clarification on if the 44 acres is taking land away from the current Grand Landings master plan. Mr. Papa responded no and provided additional information. Council Member Klufas provided a reminder that the item is just an annexation, not a rezoning, and that the two are separate issues. Council Member Pontieri stated that it might be worthwhile to review a noise Ordinance for the airport. Mayor Alfin stated that he would like to know what our cans and cant’s are in proximity to the airport. Mayor Alfin recommended an agenda item where City Council could learn more. Ms. Bevan shared that staff has a great relationship with County partners and that a presentation has been scheduled to come to City Council. Mayor Alfin called for a roll call vote. Pass Motion made to be adopted on second reading 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 Pontieri, Council Member Cathy Heighter H. ORDINANCES FIRST READ 4. ORDINANCE 2023-XX BELLE TERRE ESTATES MASTER PLANNED DEVELOPMENT (MPD) - APPLICATION NO. 5302 Attorney Borkert read the title into the record and called for any ex parte communications. There were none. Bill Hoover, Senior Planner, presented the topic to Council. Topics presented included: area location, close-up aerial, future land use map, zoning map, Master Planned Development, conceptual plan, townhome details, townhome lot details, commercial analysis on availability to serve neighborhood, City of Palm Coast Created on 9/5/23 workforce housing and differentiating housing types, five review criteria, staff analysis, Key Master Planned Development Criteria, public participation, Planning & Land Development Regulation Board recommendation and conditions, and next steps. Council held discussion on the following topics: driveway requirements, landscape requirements, public dog park space, responsibility of the maintenance of the public dog park, concurrency requirements, staff agreement that the park size is sufficient, park hours and lighting, and technologies of the dog park. Mr. Tyner and Mr. Hoover provided responses to Council questions. Council held discussion with Mr. Hoover and Mr. Tyner on commercial development, lot designation, potential of mixed-use to be rezoned, rezoning process, and projects currently ongoing in the area. Mayor Alfin reminded Council to provide input on the Comprehensive Plan. Council Member Heighter asked for information on the Comprehensive Plan and how to have discussions regarding the comprehensive plan. Council Member Klufas asked for clarification on if Council Members are not able to consider possible future rezonings of adjacent properties in their decision on the topic. Attorney Borkert provided a response on City Council’s review criteria which is set forth in the code. Christina Evans, from Matthews DCCM, on behalf of the applicant, presented the topic to Council. Topics presented included location, future land use map, dog park plans, townhome plans, and planning board approval. Joey Posey, Attorney for the landowner, shared information related to the project. Mayor Alfin asked about declined interest from Commercial Businesses. Mark Goldschmidt, property owner, shared information regarding commercial development for the property. Mr. Goldschmidt shared challenges of the traffic count in comparison to State Road 100. Mayor Alfin asked when the timing of the dedication of the public park. Mr. Hoover stated that the Master Planned Development agreement states that the park has to be completed prior to the issuance of a certificate of occupancy. Mayor Alfin discussed maintenance and liability of the park. Mr. Tyner responded to Mayor Alfin to provide information related to the donation and development process in conjunction with the parks maintenance preparation. City of Palm Coast Created on 9/5/23 Council Member Pontieri asked about the public benefit of making the lots smaller and going against the Land Development Code (LDC). Mr. Tyner spoke about public benefit and the Land Development Code. Council Member Pontieri proposed that a certain percentage of the townhomes deviate from that code. Mr. Tyner discussed the Land Development Code and that it does call out for Master Planned Development (MPD) agreements and the right to put up to 15 units per acre. Mr. Posey shared that the applicant is happy to look into Council Member Pontieri’s suggestion and discussed units per acre, entitlements, zoning, and meeting the compatibility of the comp plan. Council Member Pontieri asked when the commercial infrastructure must be complete. Mr. Posey shared a response regarding actively engaging tenants. Council Member Pontieri clarified the question to include a timeline for the land to be cleared. Mr. Posey shared that the commercial infrastructure will be simultaneous with the project. Council Member Pontieri shared that she would like to see the MPD amended to state the progression of the commercial pieces. Mr. Posey shared that the client is happy to put the clarification in the agreement. Mayor Alfin confirmed the Council direction provided. Council Member Klufas applauded Council Member Pontieri for great concerns. Additionally, Council member Klufas discussed affordability and diversity of housing. Council Member Heighter encouraged the builder to consider the possibility of some workforce housing units. Mr. Posey shared a response on workforce housing. Vice Mayor Danko loved the design and concept. Public Comment: Nicole Durenberger spoke about the single-family homes to be built, jobs, and asked if there is a board of people who can put effort into recruiting commercial companies. City of Palm Coast Created on 9/5/23 Mayor Alfin recommended that Ms. Durenberger speak to Ms. Bevan and Economic Development staff. Dennis McDonald shared that there is a nice mix of properties, but the biggest complaint is parking. Mr. McDonald suggested restrictions to mandate parking within garages. Additionally, Mr. McDonald spoke about planning and commercial developments. Ken McDowell asked for an explanation of affordable housing. Mr. McDowell asked for every City employee and elected officials to take advantage of the State Attorney, Department of Law Enforcement, and/or Auditor General, and become a whistleblower. Vice Mayor Danko and Council Member Heighter shared comments on workforce housing. Council Member Pontieri thanked staff and the applicant for the work on this. Mayor Alfin called for a roll call vote. Pass Motion made to be approved on first reading by Vice Mayor Danko and seconded by Council Member Klufas Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Cathy Heighter Denied - 1 - Council Member Theresa Pontieri 5. ORDINANCE 2023-XX 2023 AMENDMENT TO THE MARINA VILLAGE MASTER PLANNED DEVELOPMENT (MPD) - APPLICATION NO. 5448 Attorney Borkert read the title into the record and called for any ex parte communications. There were none. Bill Hoover, Senior Planner, presented the topic to Council. Topics presented included: location map, close up aerial, Future Land Use Map, zoning map, background, table showing proposed key MPD changes, proposed carport design, MPD tract map, MPD conceptual plan, staff analysis, key development criteria from the Land Development Code, public participation, next steps, and Planning and Land Development Regulation Board recommendations. Council held discussion on the following topics: tract 6, green space, fueling station, and fueling permit process. Mr. Tyner and Mr. Hoover provided a response to Council questions. Mike Chiumento, on behalf of the applicant, presented to Council. Topics presented included: summary of key components and history of project, phases of the project, design, and vision. City of Palm Coast Created on 9/5/23 Council Member Pontieri asked if the fuel permits have already been obtained. Mr. Chiumento shared that the applicant has a permit to do the basin and the marina. Doug Jefford, with Lighthouse Holdings, stated that the project will be a full- service marina including boat service, fuel, ship store, dry storage, and open to the public. Additionally, Mr. Jefford spoke about the timeline of applying for fuel tank permits. Mayor Alfin spoke building the marina with resiliency in mind should there be a storm surge. Mr. Jefford understood Mayor Alfin’s comments and share design details. Council Member Klufas asked if the waters are tidal controlled. The representatives responded yes. Council Member Pontieri asked who will be responsible for maintenance. Mr. Chiumento responded that an association and/ or the commercial owner of the marina facility. Mayor Alfin requested information related to kiln dust to be included for the second reading of the item. Council Member Klufas emphasized the quality and vision of the project. Council Member Pontieri shared concerns regarding greenspace and would like to see the townhomes comply with the Land Development Code. Mr. Tyner responded to Council Member Pontieri to share that staff can work with the applicant to try to get more assurances within the development agreement on what the applicant has illustrated. Vice Mayor Danko spoke about building the hotel. Mayor Alfin discussed building the hotel and business model to support it and the importance of the fuel station. Mayor Alfin reiterated the assurances requested by Council Member Pontieri. Public Comment: Dennis McDonald spoke about reducing commercial but increasing residential, silica dust, and a federal lawsuit on the property. Council Member Pontieri asked questions related to the MPD on the topics of model homes and a rental program. City of Palm Coast Created on 9/5/23 Mr. Chiumento responded to questions regarding buffers, residential uses and rental program. Council Member Pontieri recommended that staff and the applicant go back to the drawing board to make sure that the project to ensure that there aren’t too many residential units and making sure that the townhomes are within the Land Development Code if possible. Mayor Alfin discussed Council Member Pontieri’s experience at the collaborative meeting of cities within Flagler County and spoke about the positive economic impact for Palm Coast, unincorporated Flagler, and Flagler Beach. Mayor Alfin called for a roll call vote. Pass Motion made to be approved on first reading by Vice Mayor Danko and seconded by Council Member Klufas Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Cathy Heighter Denied - 1 - Council Member Theresa Pontieri I. RESOLUTIONS 6. RESOLUTION 2023-78 APPROVING AN AMENDMENT TO THE DRMP, INC., CONTRACT FOR DESIGN MODIFICATIONS FOR THE OLD KINGS ROAD NORTH WIDENING PHASE II DESIGN Attorney Borkert read the title into the record. Carl Cote, Director of Stormwater & Engineering, presented the topic to Council. Topics presented included: FDOT development process, project limits, and project development process. Mayor Alfin asked if there will be any conversation through TPO or DOT on traffic calming. Mr. Cote provided response on analyses used to determine traffic signals. Mayor Alfin congratulated staff on obtaining funding and spoke about the timeline and efforts that go into such projects. Public Comment: There were none. Mr. Cote closed with comments regarding impact fees. Pass Motion made to approve by Vice Mayor Danko and seconded by Council Member Klufas City of Palm Coast Created on 9/5/23 Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter 7. RESOLUTION 2023-77 APPROVING A WORK ORDER WITH DRMP, INC., FOR ADDITIONAL DESIGN SERVICES FOR THE BELLE TERRE SAFETY IMPROVEMENT PROJECT Attorney Borkert read the title into the record. Carl Cote, Director of Stormwater & Engineering, presented the topic to Council. Topics presented included: intersection improvements, Belle Terre Parkway and Pritchard Drive, Belle Terre Parkway and Whiteview Parkway, Belle Terre Parkway and Royal Palms Parkway, and Council Action. Mayor Alfin asked Ms. Bevan to comment on the prioritization by Council related to the concern for safety on roads. Ms. Bevan shared Council priorities, Belle Terre project, accident reports from Commander Reynolds, and where we should be most thoughtful on prioritizing projects. Mayor Alfin hoped that the media would help to inform residents to know that dollars are being carefully spent to improve the safety along the roadways. Council Member Pontieri spoke about the utilization of impact fees to fund roadway safety improvements. Council thanked staff for their efforts. Public Comment: Tony Amaral spoke about impact fees and requirement to expand. Additionally, Mr. Amaral suggested not doing projects during high traffic times. Mayor Alfin asked Ms. Bevan to address the issue with staff. Ms. Bevan responded and deferred to Mr. Cote for additional information. Mr. Cote discussed project scope, traffic plan, staging, sequencing, and working on the best plan to minimize traffic impacts. Vice Mayor Danko asked if it is a huge cost to work overnight. Mr. Cote spoke about typical overnight projects and quality of work. Pass Motion made to approve by Vice Mayor Danko and seconded by Council Member Klufas City of Palm Coast Created on 9/5/23 Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter Council recessed at 12:31 p.m. Council reconvened at 12:52 p.m. 8. RESOLUTION 2023-83 AUTHORIZING THE CITY MANAGER TO SIGN HAZARD MITIGATION GRANT PROGRAM ASSISTANCE APPLICATIONS, AS REQUESTED BY THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Attorney Borkert read the title into the record. Maeven Rogers, Chief Resiliency & Sustainability Officer, and Garann Hopkins, Environmental Specialist, presented the topic to Council. Topics presented included: background of the item, details of the Hazard Mitigation Grant Program, details of the projects, and timeline. Council held discussion on the following topics: improved Stormwater drainage and additional area and the positive impacts to the Woodlands area. Mayor Alfin asked City Manager to write a letter to Mr. Guthrie, Executive Director, Florida Division of Emergency Management, for thanks on assistance with this item. Public Comment: There were none Pass Motion made to approve by Council Member Pontieri and seconded by Vice Mayor Danko Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter 9. RESOLUTION 2023-79 APPROVING A CONTRACT WITH CUSTOM BUILT MARINE CONSTRUCTION, INC., A WORK ORDER WITH DRMP, INC., FOR CONSTRUCTION INSPECTION SERVICES (CEI), AND A PROJECT CONTINGENCY FOR THE CONSTRUCTION OF LONDON WATERWAY EXPANSION PROJECT Attorney Borkert read the title into the record. Carmelo Morales, Stormwater Engineer III, presented the topic to Council. Topics presented included: background of the item, project background, purpose, and consultant selection. Council held discussion on the following topics: initial bid timeline, engineer estimate, cost savings for portions of the contract, timeline, and start date. Mr. Morales provided response to Council questions. City of Palm Coast Created on 9/5/23 Council Member Pontieri shared concern for the difference between the bid and contract amount. Council Member Klufas asked for the amount of the engineer estimate. Mr. Morales responded 4.5 million. Mr. Cote provided additional information on the topic to include companies with the ability to bid on the project, ARPA funds, and project scope. Council Member Pontieri asked how long we have to use the ARPA funds. Mr. Cote provided the timeline and additional funds tied to this project. Council Member Klufas and Council Member Pontieri held discussion on the variance between the engineer estimate and the bids. Council Member Pontieri shared concerns and that she will be watching this contract. Vice Mayor Danko asked how many projects come in higher than the engineer estimate. Mr. Morales provided information on increases in recent examples. Council Member Pontieri spoke about the contingency within the Resolution and asked what amount would have to come back to Council for consideration for approval. Ms. Bevan responded that the contingency is approved through Council’s action on the item. Council Member Pontieri stated that she would like anything over $50,000 requested as part of the contingency to come back to Council. Mayor Alfin asked if there is a limit already in place. Council held discussion on the City Manager contingency and the contingency approval within the item Resolution. Council Member Klufas shared concern should an increase not be approved, and the impacts that would have on completion of the project. Mayor Alfin asked if there is a professional organization that exists to help vet out big deltas in construction costs. Mr. Cote shared a response on typical handling of contingencies. City Council held lengthy discussion on project contingency and bringing items to Council for approval. City of Palm Coast Created on 9/5/23 Attorney Borkert provided details of the contract and the need to change the form contract to meet Council’s request. Ms. Borkert discussed the current process for the City Manager to report once a month on any change orders that have been approved for this specific contract that are over $50,000. Ms. Bevan clarified the threshold to be brought to City Council. Attorney Borkert shared her understanding to be that if staff pulled from the contingency for the amount of more than $50,000, then Council requests to be informed. Council Member Pontieri responded yes and shared that she would like to see the information presented like the sole source purchases are reported. Mayor Alfin discussed the legitimacy of the request and the need for Council to be as well informed as possible. Mayor Alfin did not believe that the process interferes with staff’s execution of the project. Mayor Alfin supported the request that City Council be updated, through the City Manager, when we have passed through the previously approved contingency. Ms. Bevan shared support for City Council’s request from a communication standpoint and shared that previous City Council has expected updates from staff. Additionally, Ms. Bevan recognized that the public is eager to know what is going on and spoke about a capital project map viewer that residents can access. Ms. Bevan shared a concern for the possibility of derailing the project. Attorney Borkert advised that providing the City Manager with direction through consensus that City Council wants to be informed as discussed is sufficient and did not need to be included in the motion. City Council concurred. Public Comment: There were none. Council Member Klufas thanked Mr. Morales for the feedback during the item. Mayor Alfin shared that this gives City Council members the opportunity to talk to the public about difficulties and efforts of the project. Pass Motion made to approve by Council Member Pontieri and seconded by Vice Mayor Danko Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter 10. RESOLUTION 2023-81 APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FEDERAL FISCAL YEAR (FFY) 2023 (FY 2023/24) ANNUAL ACTION PLAN City of Palm Coast Created on 9/5/23 Attorney Borkert read the title into the record. Mr. Papa provided a brief background of the item. There were no changes to this item. Public Comment: There were none. Pass Motion made to approve by Vice Mayor Danko and seconded by Council Member Pontieri Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter 11. RESOLUTION 2023-74 APPROVING FINAL NUISANCE ABATEMENT ASSESSMENT Attorney Borkert read the title into the record. Liliana Filipe, Code Enforcement Clerk, and Barbara Grossman, Code Enforcement Manager, provided a brief update on the topic to Council. Public Comment: There were none. 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 Pontieri, Council Member Cathy Heighter 12. RESOLUTION 2023-75 APPROVING A CONTRACT WITH LASSITER TRANSPORTATION GROUP (LTG) FOR CONSULTANT SERVICES TO COMPLETE A TRANSPORTATION IMPACT FEE STUDY AND UPDATE THE TRANSPORTATION IMPACT FEE SCHEDULE Attorney Borkert read the title into the record. Mr. Tyner opened the item and provided a brief description. Phong Nguyen, Senior Planner, presented the topic to Council. Topics presented included: impact fee background and purpose, study objectives, study tasks, and schedule. Council held discussion on the following topics: definition of affordable housing and relation to transportation, timeline, and items to be included within the study. City of Palm Coast Created on 9/5/23 Public Comment: There were none. 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 Pontieri, Council Member Cathy Heighter 13. RESOLUTION 2023-80 APPROVING THE OLD KINGS ROAD SPECIAL ASSESSMENT ROLL TO BE TRANSMITTED TO THE FLAGLER COUNTY TAX COLLECTOR Attorney Borkert read the title into the record. Shannon Boone, Chief Accountant, presented the topic to Council. Public Comment: There were none. Pass Motion made to approve by Vice Mayor Danko and seconded by Council Member Pontieri Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter 14. RESOLUTION 2023-76 APPROVING FIREHOUSE SUBS PUBLIC SAFETY GRANT FOR POLARIS RANGER CREW XP1000 WITH LIGHTS AND SIREN KIT FOR $34,881.33 Attorney Borkert read the title into the record. Chief Berryhill provided details of the item. Council thanked Lieutenant Juliano for efforts towards the grant. Public Comment: There were none. Pass Motion made to approve by Council Member Pontieri and seconded by Vice Mayor Danko City of Palm Coast Created on 9/5/23 Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter J. CONSENT Council Member Pontieri commented on the Sheriff's contract within the consent agenda. Public Comment: There were none. 15. RESOLUTION 2023-73 APPROVING PIGGYBACKING THE OMNIA KANSAS CITY CONTRACT WITH GRAYBAR ELECTRIC COMPANY, INC., FOR THE PURCHASE OF MISCELLANEOUS ELECTRICAL SUPPLIES AS NEEDED 16. RESOLUTION 2023-82 APPROVING PIGGYBACKING THE CITY OF CASSELBERRY CONTRACT RFP 2023-1027 FOR GENERATOR MAINTENANCE AND REPAIR 17. RESOLUTION 2023-84 APPROVING AN INTERLOCAL AGREEMENT WITH FLAGLER COUNTY SHERIFF'S OFFICE FOR THE PROVISION OF LAW ENFORCEMENT SERVICES Pass Motion made to approve on consent by Vice Mayor Danko and seconded by Council Member Pontieri Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter K. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. Gene Dowd shared that it is obvious that Palm Coast abides by sunshine laws. Additionally, Mr. Dowd spoke about the City Attorney's responsibility and asked who the attorney represents. Mayor Alfin and Attorney Borkert provided a response on the responsibility and duties of the City Attorney. L. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA Vice Mayor Danko asked when the sign ordinance be coming to Council. Ms. Bevan shared that the item has been scheduled for a future workshop. Council Member Pontieri provided an updated on a DJJ meeting and also spoke about requesting an FAA study for the Flagler County Airport. City of Palm Coast Created on 9/5/23 Ms. Bevan shared that Flagler County Airport representatives will be coming to Council in October and that staff can work with the representatives directly. Council Member Pontieri made a motion to move $2.5 million from the general fund, designated for the Maintenance Operations Center (MOC) to the Street Improvements/ Pavement Management Program. The motion was seconded by Vice Mayor Danko. Mayor Alfin discussed prior Council discussion on these topics raised by Council Member Pontieri. Council Member Heighter discussed the funds Council Member Pontieri shared about to ask if the funds would go to residential roads, should they be acquired. Mr. Cote provided information about funding. Council Member Heighter shared about a resident request to review residential roadways and shared concerns. Council held discussion on pavement management options. Council Member Klufas shared his impression that Council was going to get details of the long-term impacts of moving those funds and essentialness of the MOC. Council Member Pontieri responded to Council Member Klufas to share that we're asking the State for appropriations for the MOC. Mr. Cote shared that the State appropriations are for the second phase of the project. Mayor Alfin discussed original allocations and respected the urgency and also the safety element. Mayor Alfin stated that he stands behind staff in their original presentation. Public Comment: There were none. Mayor Alfin called for a roll call vote. Pass Motion made to approve on by Council Member Pontieri, and seconded by Vice Mayor Danko Approved - 3 - Vice Mayor Ed Danko, Council Member Theresa Pontieri, Council Member Cathy Heighter Denied – 2- Mayor Alfin, Council Member Klufas City of Palm Coast Created on 9/5/23 Council Member Heighter spoke about overflowing garbage on Palm Coast Parkway and high grass on Whiteview, and resident problems getting through to staff. M. DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA There were none. N. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA 18. REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR JULY 2023 Ms. Bevan asked Mr. Mancill to respond to Council Member Heighter’ s comments. Mr. Mancill shared about the mowing rotations and staffing vacancies. Council Member Pontieri asked if we have any public notification on the grass growth. Mr. Mancill responded that staff can work on increased messaging. Ms. Bevan discussed contact methods for customer service. Ms. Bevan shared about the Sole Source Purchases for July 2023. Ms. Bevan shared about a major road closure on Pine Lakes Parkway, communications efforts, and words of support for field staff. Ms. Bevan shared that Kaley Cook was appointed as City Clerk. O. ADJOURNMENT The meeting was adjourned at 2:42 p.m. Respectfully submitted by: Kaley Cook, CMC, FCRM Deputy City Clerk City of Palm Coast Created on 9/5/23

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 Cathy Heighter Council Member Nick Klufas Council Member Theresa Pontieri Tuesday, August 15, 2023 9:00 AM COMMUNITY WING City Staff Denise Bevan, City Manager Neysa Borkert, City Attorney Kaley Cook, City Clerk • Public Participation shall be in accordance with Section 286.0114 Florida Statutes. • Other matters of concern may be discussed as determined by City Council. • If you wish to obtain more information regarding the City Council’s agenda, please contact the City Clerk's Office at 386-986- 3713. • In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons needing a reasonable accommodation to participate in any of these proceedings or meeting should contact the City Clerk at 386-986-3713, at least 48 hours prior to the meeting. • City Council Meetings are streamed live on YouTube at https://www.youtube.com/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 8/10/23 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: AUGUST 1, 2023, BUSINESS MEETING AUGUST 8, 2023, WORKSHOP MEETING F. PROCLAMATIONS 2. PROCLAMATION - AUGUST 31, 2023, AS INTERNATIONAL OVERDOSE AWARENESS DAY G. ORDINANCES SECOND READ 3. ORDINANCE 2023-XX VOLUNTARY ANNEXATION OF 330.8 ACRES SOUTH OF FLAGLER COUNTY AIRPORT ON THE NORTH/WEST SIDE OF SEMINOLE WOODS BOULEVARD H. ORDINANCES FIRST READ 4. ORDINANCE 2023-XX BELLE TERRE ESTATES MASTER PLANNED DEVELOPMENT (MPD) - APPLICATION NO. 5302 5. ORDINANCE 2023-XX 2023 AMENDMENT TO THE MARINA VILLAGE MASTER PLANNED City of Palm Coast Created on 8/10/23 2 DEVELOPMENT (MPD) - APPLICATION NO. 5448 I. RESOLUTIONS 6. RESOLUTION 2023-XX APPROVING AN AMENDMENT TO THE DRMP, INC., CONTRACT FOR DESIGN MODIFICATIONS FOR THE OLD KINGS ROAD NORTH WIDENING PHASE II DESIGN 7. RESOLUTION 2023-XX APPROVING A WORK ORDER WITH DRMP, INC., FOR ADDITIONAL DESIGN SERVICES FOR THE BELLE TERRE SAFETY IMPROVEMENT PROJECT 8. RESOLUTION 2023-XX AUTHORIZING THE CITY MANAGER TO SIGN HAZARD MITIGATION GRANT PROGRAM ASSISTANCE APPLICATIONS, AS REQUESTED BY THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT 9. RESOLUTION 2023-XX APPROVING A CONTRACT WITH CUSTOM BUILT MARINE CONSTRUCTION, INC., A WORK ORDER WITH DRMP, INC., FOR CONSTRUCTION INSPECTION SERVICES (CEI), AND A PROJECT CONTINGENCY FOR THE CONSTRUCTION OF LONDON WATERWAY EXPANSION PROJECT 10. RESOLUTION 2023-XX APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FEDERAL FISCAL YEAR (FFY) 2023 (FY 2023/24) ANNUAL ACTION PLAN 11. RESOLUTION 2023-XX APPROVING FINAL NUISANCE ABATEMENT ASSESSMENT 12. RESOLUTION 2023-XX APPROVING A CONTRACT WITH LASSITER TRANSPORTATION GROUP (LTG) FOR CONSULTANT SERVICES TO COMPLETE A TRANSPORTATION IMPACT FEE STUDY AND UPDATE THE TRANSPORTATION IMPACT FEE SCHEDULE 13. RESOLUTION 2023-XX APPROVING THE OLD KINGS ROAD SPECIAL ASSESSMENT ROLL TO BE TRANSMITTED TO THE FLAGLER COUNTY TAX COLLECTOR 14. RESOLUTION 2023-XX APPROVING FIREHOUSE SUBS PUBLIC SAFETY GRANT FOR POLARIS RANGER CREW XP1000 WITH LIGHTS AND SIREN KIT FOR $34,881.33 J. CONSENT 15. RESOLUTION 2023-XX APPROVING PIGGYBACKING THE OMNIA KANSAS CITY CONTRACT WITH GRAYBAR ELECTRIC COMPANY, INC., FOR THE PURCHASE OF MISCELLANEOUS ELECTRICAL SUPPLIES AS NEEDED 16. RESOLUTION 2023-XX APPROVING PIGGYBACKING THE CITY OF CASSELBERRY CONTRACT RFP 2023-1027 FOR GENERATOR MAINTENANCE AND REPAIR City of Palm Coast Created on 8/10/23 3 17. RESOLUTION 2023-XX APPROVING AN INTERLOCAL AGREEMENT WITH FLAGLER COUNTY SHERIFF'S OFFICE FOR THE PROVISION OF LAW ENFORCEMENT SERVICES K. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. L. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA M. DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA N. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA 18. REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR JULY 2023 O. ADJOURNMENT 19. AGENDA WORKSHEET AND CALENDAR City of Palm Coast Created on 8/10/23 4 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department CITY ADMINISTRATION Amount Division Account # Subject: MINUTES OF THE CITY COUNCIL: AUGUST 1, 2023, BUSINESS MEETING AUGUST 8, 2023, WORKSHOP MEETING Presenter: Kaley Cook, City Clerk Attachments: 1. August 1, 2023, Business Meeting Minutes 2. August 8, 2023, Workshop Meeting Minutes Background: Recommended Action: APPROVE MINUTES OF THE CITY COUNCIL: AUGUST 1, 2023, BUSINESS MEETING AUGUST 8, 2023, WORKSHOP MEETING 5 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department CITY ADMINISTRATION Amount Division Account # Subject: PROCLAMATION - AUGUST 31, 2023, AS INTERNATIONAL OVERDOSE AWARENESS DAY Presenter: Mayor and City Council Attachments: 1. Proclamation Background: The Flagler County Drug Court Foundation has requested that the City of Palm Coast proclaim August 31, 2023, as International Overdose Awareness Day. Recommended Action: PROCLAIM AUGUST 31, 2023, AS INTERNATIONAL OVERDOSE AWARENESS DAY 28 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject ORDINANCE 2023-XX VOLUNTARY ANNEXATION OF 330.8 ACRES SOUTH OF FLAGLER COUNTY AIRPORT ON THE NORTH/WEST SIDE OF SEMINOLE WOODS BOULEVARD Presenter: Jose Papa, AICP, Senior Planner Attachments: 1. Ordinance 2. Site Map Background: This is a quasi-judicial item, please disclose any ex parte communication. UPDATED BACKGROUND FROM THE AUGUST 1, 2023, BUSINESS MEETING: City Council heard the first reading of this item at their August 1, 2023, Business Meeting. There were no changes proposed to this item. UPDATED BACKGROUND FROM THE JULY 18, 2023, BUSINESS MEETING: This item was scheduled for the July 18, 2023, business meeting. Due to time constraints, representatives for the project asked for the item to be rescheduled to the August 1, 2023, Business Meeting. There have been no changes to this item. ORIGINAL BACKGROUND FROM THE JULY 18, 2023, BUSINESS MEETING: Property Owner, Byrndog PCP, LLC has filed a petition to voluntarily annex real property into the City of Palm Coast municipal boundaries. The subject parcel is approximately 330.8 acres, and is generally located south of the Flagler County Airport on the north/west side of Seminole Woods Blvd. The annexation of the subject property is being accomplished in accordance with Florida Statutes, Chapter 171. The proposed annexation meets the criteria set forth in Subsection 171.043, Florida Statutes regarding the character of the area to be annexed: • The property’s boundary is contiguous to the City’s existing boundary. • The property is reasonably compact, and is not part of another incorporated municipality and will be used for urban purposes. • The proposed annexation will not create an enclave. Additionally, the subject area is within the Palm Coast Service Area for water and sewer services, and per Ordinance 2003-23 and 2007-03, is required to annex in order to receive 30 utility service from the City. Recommended Action: STAFF FINDS THE ANNEXATION REQUEST MEETS THE STATUTORY REQUIREMENTS FOR A VOLUNTARY ANNEXATION 31 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: ORDINANCE 2023-XX BELLE TERRE ESTATES MASTER PLANNED DEVELOPMENT (MPD) - APPLICATION NO. 5302 Presenter: Bill Hoover, AICP, Senior Planner Attachments: 1. PowerPoint Presentations (2) - Staff and Applicant 2. Ordinance 3. Master Planned Development Agreement 4. Location Maps (2) - Distant and Close-Up 5. Maps (3) - Future Land Use Map, Existing and Proposed Zoning Maps 6. Conceptual Plan 7. Conceptual Dog Park Plan 8. Elevations and Floor Plans 9. Color Elevations 10. Rezoning Application Background: This is a quasi-judicial item, please disclose any ex parte communication. The 40 +/- acre subject site is located at the Southeast (SE) corner of Belle Terre Boulevard and Citation Boulevard. The site is currently zoned General Commercial (COM-2) and was platted as a commercial subdivision in January 2006, which was comprised of four large irregular-shaped lots. The land has set vacant since that time. Belle Terre Holdings, LLC purchased the property on December 1, 2021. Mark Goldschmidt, Manager of Belle Terre Holdings, LLC has requested a rezoning from COM-2 to Belle Terre Estates Master Planned Development (MPD) for a 275-unit platted townhome community with a future 1.75 +/- acre commercial project located at the SE corner of Belle Terre Boulevard and Citation Boulevard and a public dog park located just east of the commercial area. The applicant is proposing to rezone the subject property for a mixed-use project with the intention of initially developing the 275 platted townhomes and later developing the 1.75 +/- acre commercial parcel that would retain COM-2 uses, as more demand for commercial uses occurs with additional rooftops being developed within the project and to the east along Citation Boulevard. Citation Boulevard is currently under construction for an extension all the way to Seminole Woods Boulevard which will provide future residents and neighboring residents a quicker route on going to or returning from I-95. The expansion of Citation Boulevard is expected to be completed in the second half of 2024. The townhome community will have approximately 1497 s.f. interior townhomes with one-car garages and typically have 1497 s.f. to 1663 s.f. exterior townhomes (end units) with one or 43 two-car garages on 275 platted lots. After several design revisions the project will meet Section 5.03.04.A.3. of the LDC that requires one-car garages for townhomes less than 1,500 s.f. and two-car garages for townhomes 1,500 s.f. or larger. Interior lots are a minimum of 19 feet wide by 90 feet deep while exterior lots are at least 22 feet wide by 90 feet deep. The applicant is donating about 1.19 +/- acres of land for the City dog park as part of the required public benefit of rezoning to an MPD. Once half of the townhomes have received a Certificate of Occupancy the applicant has agreed to construct the public dog park. As proposed, the MPD would allow the applicant to receive park impact fee credits for the actual design and construction costs of the public dog park. The townhome community will also have a private amenity center including clubhouse and pool that will be located in the northeast corner of the MPD. Public Participation: The applicant scheduled a neighborhood meeting at 5:30 p.m. at the Hilton Garden Inn on July 10, 2023. All neighboring residents within 300 feet of the project’s boundaries were invited by USPS First Class mail to this meeting. The applicant and staff attended but none of the invited neighbors. Signs and new ads will be run 10-14 days prior to each public hearing. Planning and Land Development Regulation Board (PLDRB): The PLDRB reviewed this application at its regularly scheduled meeting at 5:30 p.m. on July 19, 2023, and by a 7 – 0 vote, found it in compliance with the Comprehensive Plan and recommended approval to City Council subject to two conditions. No one from the public spoke regarding this project. Recommended Action: THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD RECOMMENDED THAT CITY COUNCIL APPROVE BELLE TERRE ESTATES MASTER PLANNED DEVELOPMENT (MPD) - APPLICATION NO. 5302 SUBJECT TO THE FOLLOWING TWO CONDITIONS: 1. THE APPLICANT REVIEWS THE SITE PLAN TO SEE IF MORE PARKING CAN BE ADDED FOR GUESTS AND VISITORS. 2. EQUIPMENT IN THE PUBLIC DOG PARK SHALL MEET CITY PARKS TEAM STANDARDS. 44 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: ORDINANCE 2023-XX APPROVING THE 2023 AMENDMENT TO THE MARINA VILLAGE MASTER PLANNED DEVELOPMENT (MPD) - APPLICATION NO. 5448 Presenter: Bill Hoover, AICP, Senior Planner Attachments: 1. PowerPoint Presentations (2) - Staff and Applicant 2. MPD Amended Ordinance 3. Restated MPD Development Agreement (DA) Redlined 4. Proposed Key Changes 5. Staff Report 6. Aerial Maps (2) - Distant and Close-Up 7. Future Land Use Map (FLUM) 8. Zoning Map 9. Village Tract Map 10. Concept Plan 11. Carport Pictures (2) 12. Kiln Dust Remediation Study 13. Applicant’s Application and Cover Letter 14. Neighborhood Meeting Summary and Sign-in Sheet Background: This is a quasi-judicial item, please disclose any ex parte communication. The new property owner wants to modify the Marina Village MPD Agreement, in order to decrease the allowable commercial gross floor area from 160,500 s.f. to 103,000 s.f., increase allowable residential units from 663 to 1085, and modify some development standards. The proposed changes would only affect Tracts 2 – 8, the 66.66 +/- acres located east of Colbert Lane and north of Roberts Road. Tract 1 is not part of this MPD amendment, and this proposal will not affect Tract 1’s development standards or its allowed 240 residential units. Tract 1 is the 22.34 +/- acres of the MPD located west of Colbert Lane at the intersection with Roberts Road. The property owner also wants to modify development standards with the key ones described below. Decrease the maximum building height from 95 feet to 60 feet on Tracts 2, 3, 5 and 7. Modify minimum garage requirements so only a one-car garage or architecturally designed carport is required per for at least 30% of multi-family homes. Add a requirement to provide at least one Level 2 (240-volt) electric vehicle-charging station for each residential unit having a garage. Provide a 10’ wide Landscape Buffer Type “C” along the northern property line where none was previously required. Reduce the minimum size of townhome lots from 2,500 s.f. to 2,000 s.f. and width from 25 feet to 20 feet while allowing the height to increase from 35’ to 45’. Added new dimensional standards for mixed use buildings with commercial uses on the first floor and residential uses above those commercial uses. 138 Tract 1 was sold on May 26, 2021, to Colbert Lane Development, LLC, who recently received a Development Order for a Technical Site Plan to construct a 240-unit luxury apartment project. Lighthouse Palm Coast Holdings, LLC purchased Tracts 2 – 8 on October 10, 2022, and on May 23, 2023, submitted a MPD amendment, in order to develop a high-density mixed-use community oriented around the marina basin. The owner of Tracts 2 – 8 (applicant) already has the environmental permits in place to construct the marina basin on Tract 8 with 80 wet slips and on Tract 6 a building for dry storage of 200 boats. Construction is expected within a few months once the applicant secures building permits from the City to construct the sea walls. The applicant also wants to start development of the residential and commercial portion of the MPD as depicted on the Conceptual Master Plan. This would include up to 103,000 s.f. of commercial uses and 845 residential units on Tracts 2 – 7 that would be designed as a mixed-use project located with a common architectural theme around the marina basin. The marina dry boat storage building is not counted in the 103,000 s.f. of commercial entitlements. Public Participation: The applicant held a neighborhood meeting at 6:00 p.m. at the Hilton Garden Inn on July 12, 2023. All neighboring residents within 300 feet of the project’s boundaries were invited by US Mail to this meeting. Ten neighbors along with the applicant’s team and two City staff members attended. Signs along both Colbert Lane and Roberts Road will be erected 14 days prior to each public hearing. Additionally, news ads will be run at least 10 days prior to each public hearing. Planning and Land Development Regulation Board: The PLDRB reviewed this application at its regularly scheduled meeting at 5:30 p.m. on July 19, 2023, and by a 7 – 0 vote, found it in compliance with the Comprehensive Plan and recommended approval to City Council with one staff minor update and added a condition of approval regarding proof for the remediation of cement kiln dust. No one from the public spoke regarding this project. Recommended Action: THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD RECOMMENDS THAT CITY COUNCIL APPROVE THE 2023 AMENDMENT TO THE MARINA VILLAGE MPD – APPLICATION NO. 5448 SUBJECT TO THE FOLLOWING CONDITION: 1. PRIOR TO CONSTRUCTION THE CITY RECEIVE PROOF THAT THE SITE’S CEMENT KILN DUST REMEDIATION PLAN HAS BEEN COMPLETED AND APPROVED BY THE STATE REGULATORY BOARD. 139 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department CONSTRUCTION MANAGEMENT Amount $901,933.32 & ENGINEERING Division ENGINEERING Account # 21097011-063000- 54507 Subject: RESOLUTION 2023-XX APPROVING AN AMENDMENT TO THE DRMP, INC., CONTRACT FOR DESIGN MODIFICATIONS FOR THE OLD KINGS ROAD NORTH WIDENING PHASE II DESIGN Presenter: Carl Cote, Director of Stormwater & Engineering Attachments: 1. Presentation 2. Resolution 3. Scope of work 4. Contract Background: Council Priority: C. Safe and Reliable Services The City has received State funding of approximately $18 million dollars in the current fiscal year to fund the construction of a portion of a design plan the City completed in 2020 for the widening of Old Kings Road north of Kings Way. The original design plan will need to be modified to conform to the current Florida Department of Transportation (FDOT) specifications. Plan modifications will include dividing the current design plan to fit the assigned construction dollars and investigation of traffic signal warrants. The project design scope will be an expansion of Old Kings Road from a two-lane roadway into a four-lane roadway from Kings Way (north intersection) to Frontier Drive. The scope will include replacement of the existing crossdrains (2) at the Big Mulberry Branch crossing (just north of Frontier Drive) with concrete box culverts due to deterioration of the metal culverts. Under existing contract (RFSQ-CD-CP-13-07), staff negotiated a scope and fee with DRMP, Inc., the original plan designer, for an amount not-to-exceed $901,933.32. City staff has determined that the cost for these services are reasonable and fair and are consistent with these types of services for a project of this size and scope. Funds for this project are budgeted in the Transportation Impact Fee Fund. 433 SOURCE OF FUNDS WORKSHEET FY 2023 Transportation Impact-21097011-063000-54507 $200,000.00 Total Expenses/Encumbered to date $0.00 Pending Work Orders/Contracts $0.00 Current Contract $200,000.00 Balance $0.00 SOURCE OF FUNDS WORKSHEET FY 2024/25 Transportation Impact-21097011-063000-54507 $2,100,000.00 Total Expenses/Encumbered to date $0.00 Pending Work Orders/Contracts $0.00 Current Contract $701,933.32 Balance $1,398,066.68 Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING AN AMENDMENT TO THE DRMP, INC., CONTRACT FOR DESIGN MODIFICATIONS FOR THE OLD KINGS ROAD NORTH WIDENING PHASE II DESIGN 434 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department CONSTRUCTION MANAGEMENT Amount 394,229.00 & ENGINEERING Division ENGINEERING Account # 21097011-063000- 54415 Subject: RESOLUTION 2023-XX APPROVING A WORK ORDER WITH DRMP, INC., FOR ADDITIONAL DESIGN SERVICES FOR THE BELLE TERRE SAFETY IMPROVEMENT PROJECT Presenter: Carl Cote, Director of Stormwater & Engineering Attachments: 1. Presentation 2. Resolution 3. Scope Background: Council Priority: C. Safe and Reliable Services On March 24, 2016, City staff presented the Belle Terre Blvd./Pkwy. Corridor Intersection Analysis Study to the City Council. This study outlined needed improvements to the Belle Terre Blvd./Pkwy. to improve safety and operations along the corridor. On June 6, 2017, City Council approved a work order for DRMP, Inc., design services to incorporate improvements to eight intersections along Belle Terre Parkway. On March 5, 2019, City Council approved a work order with DRMP, Inc., for additional services for additional improvements needed at the intersection of Belle Terre Pkwy and East Hampton to extend the existing left turn lane, an addition of a head wall at Royal Palms Pkwy will reduce long term maintenance costs, and to be consistent with current Stormwater design standards. City Staff completed the Belle Terre Safety Improvement designs in 2019 which included improvements to eight intersections along Belle Terre Parkway. The city is in the process of receiving State Legislation funding with a Florida Department of Transportation (FDOT) grant. After further evaluation of the current plans, it was determined that a plan update to meet FDOT current standard is needed to secure the grant. This update will also include design modifications to the Whiteview Parkway and Belle Terre Parkway, and Royal Palms and Belle Terre Parkway intersections. Under the existing contract (RFSQ-CD-19-70) staff negotiated a scope and fee not-to-exceed $394,229 with DRMP, Inc. City staff has determined that the cost for the plan updates and 548 additional design services are reasonable, fair, and consistent with these types of services for a project of this size and scope. Funds for this project have been budgeted in the FY 2023 Transportation Improvement Fund. SOURCE OF FUNDS WORKSHEET FY 2023 Belle Terre Safety Improvement 21097011-063000-54415 $399,182.00 Total Expended/Encumbered to Date $0.00 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $394,229.00 Balance $4,953.00 Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING A WORK ORDER WITH DRMP, INC., FOR ADDITIONAL DESIGN SERVICES FOR THE BELLE TERRE SAFETY IMPROVEMENT PROJECT 549 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department CONSTRUCTION MANAGEMENT Amount & ENGINEERING Division ENGINEERING Account # Subject: RESOLUTION 2023-XX AUTHORIZING THE CITY MANAGER TO SIGN HAZARD MITIGATION GRANT PROGRAM ASSISTANCE APPLICATIONS, AS REQUESTED BY THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Presenter: Maeven Rogers, Chief Sustainability & Resiliency Officer Attachments: 1. Presentation 2. Resolution 3. Draft Grant Application Background: Council Priority: C. Safe and Reliable Services The Florida Division of Emergency Management (Division) announced the availability of resiliency funding under FEMA’s Hazard Mitigation Grant Program (HMGP) as a direct result of the Presidential Disaster Declaration for Hurricane Ian. This funding helps communities implement measures to reduce or eliminate long-term risk to people and property from natural hazards and their effects. For Hurricane Ian, Flagler County will receive an estimated $2,777,857.03. The Local Mitigation Strategy (LMS) Working Group, a stakeholder group comprised of various regional officials, chooses multi-jurisdictional projects that promote resiliency and reduce hazards for designated HMGP funding. Four projects were scored as a part of the City of Palm Coast’s capital projects. The City of Palm Coast will pursue HMGP funding, a competitive grant process for all four projects. HMGP funds up to 75% of costs and requires a cost share of 25% from the City of Palm Coast. The following projects will be pursued for funding - Stormwater Conveyance Improvements Back-up Emergency Pumps for Lift Stations PEP Panel Replacements Palm Coast Wellfield Generators 571 This item is to seek Council approval to allow the City Manager authorization to sign Hazard Mitigation Grant Program Assistance Applications, as requested by the State of Florida Division of Emergency Management. Recommended Action: ADOPT RESOLUTION 2023-XX AUTHORIZING THE CITY MANAGER TO SIGN HAZARD MITIGATION GRANT PROGRAM ASSISTANCE APPLICATIONS, AS REQUESTED BY THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT 572 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department CONSTRUCTION MANAGEMENT Amount $9,238,139.00 & ENGINEERING Division ENGINEERING Account # 54205509-063000- 99026 Subject: RESOLUTION 2023-XX APPROVING A CONTRACT WITH CUSTOM BUILT MARINE CONSTRUCTION, INC, A WORK ORDER WITH DRMP, INC., FOR CONSTRUCTION INSPECTION SERVICES(CEI), AND A PROJECT CONTINGENCY FOR THE CONSTRUCTION OF LONDON WATERWAY EXPANSION PROJECT Presenter: Carmelo Morales, Stormwater Engineer Attachments: 1. Presentation 2. Resolution 3. Contract (Draft Construction) 4. Contract (Draft CEI) 5. Notice of Intent to Award (Construction & CEI) 6. Executive Summary (Construction & CEI) 7. CEI Proposal Background: Council Priority: D. Sustainable Environment and Infrastructure To remain consistent with the City’s Stormwater Master Plan and to address drainage related issues, the City wishes to expand the stormwater attenuation and treatment capacity of the London Waterway. The project objective is to provide flood storage to reduce peak elevations in the London Waterway, improve water quality in receiving waters with stormwater treatment, and enhance the environment to support native fauna and flora, deliver an aesthetic project. The project consists of construction of a 1-acre lake along with a corresponding storm sewer for inflow and outflow structures and 4.2 acres of littoral zone. On March 16, 2022, council approved a work order with DRMP, Inc., for engineering design services for the London Waterway Expansion Project. The project was originally estimated to cost approximately $4M. On October 19, 2022, staff advertised this project (ITB-SWE-22-73) and received bids of $9M. The project was placed on hold until it could be funded. On November 8, 2022, council approved a cost-share agreement (contract#37938) with the 599 St. Johns River Water Management District (SJRWMD) in the amount of $904,500, toward the estimated cost of construction $3,618,000. The American Rescue Plan Act (ARPA) will fund a portion of this project in the amount of $6,128,471. Under this Act, funds may be used to make necessary improvements to water and sewer infrastructure. On March 1, 2023, staff advertised a request for qualifications (RFSQ-SWE-23-32) for engineering services CEI services for the London Waterway Expansion. Staff negotiated a scope and fee not-to-exceed $300,000 with DRMP, Inc. City staff has determined that the costs for these services are reasonable and fair and are consistent with these types of services for a project of this size and scope. On May 17, 2023, staff advertised this project (ITB-SWE-23-43) and received two (2) bids. City staff recommends awarding the contract to the low bidder Custom Built Construction, Inc., of Fort Pierce, FL for $8,236,193.73. This item is to approve the Contract with Custom Built Construction, Inc., in the amount of $8,236,193.73, a contract with DRMP, Inc., for CEI services in a not-to-exceed amount of $300,000, and a Project contingency in the amount of $701,945.27. Funds for this project are budgeted in the 5 yr. Capital Improvement Budget. SOURCE OF FUNDS WORKSHEET FY 2024 London Waterway Expansion 54205509-063000-99026 $2,169,668.00 Total Expended/Encumbered to Date $0.00 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $2,169,668.00 Balance $0.00 SOURCE OF FUNDS WORKSHEET FY 2024 ARPA 54205509-063000-99026 $6,128,471.00 Total Expended/Encumbered to Date $0.00 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $6,128,471.00 Balance $0.00 SOURCE OF FUNDS WORKSHEET FY 2024 FWC/SJRWMD 54205509-063000-99026 $940,000.00 Total Expended/Encumbered to Date $0.00 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $940,000.00 Balance $0.00 600 Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING A CONTRACT WITH CUSTOME BUILT MARINE CONSTRUCTION, INC, A WORK ORDER WITH DRMP, INC., FOR CONSTRUCTION INSPECTION SERVICES(CEI), AND A PROJECT CONTINGENCY FOR THE CONSTRUCTION OF LONDON WATERWAY EXPANSION PROJECT 601 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: RESOLUTION 2023-XX APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FEDERAL FISCAL YEAR (FFY) 2023 (FY 2023/24) ANNUAL ACTION PLAN Presenter: Jose Papa, AICP, Senior Planner Attachments: 1. Resolution 2. CDBG Annual Action Plan Background: Council Priority: C. Safe and Reliable Service UPDATED BACKGROUND FROM THE JUNE 8, 2023, WORKSHOP: City Council received a presentation on this item at their June 8, 2023, Workshop Meeting. There were no changes suggested to this item. ORIGINAL BACKGROUND FROM THE JUNE 8, 2023, WORKSHOP: The Community Development Block Grant (CDBG) Program started in 1974 in order to provide funding for housing and community development. Activities or Programs funded by CDBG funds must meet one of the following the National Objectives of the Program: 1) Benefit low- and moderate-income persons (LMI) 2) Prevent or eliminate slum or blight 3) Address urgent community development needs (Emergency) As an entitlement community, the City of Palm Coast will be eligible to receive an annual allocation from the Department of Housing and Urban Development (HUD). Historically, CDBG funds have been used for various community development activities such as: • Housing Programs, • Public Services (Limited to 15% of Grant), • Public Infrastructure/Facilities (In Qualified Areas based on Census or benefits area 51% or greater LMI Area), • Economic Development, and • Planning/Administration/Monitoring of the Program (limited to 20% of allocation). In the City of Palm Coast, CDBG funds have been used to fund the following activities: 648 • Housing rehabilitation of owner-occupied units, • Financial assistance for first-time homebuyers, • Public Services, • Public Infrastructure (Multi-use paths), and • Planning/Administration/Monitoring of the program. In order to receive CDBG funds, an entitlement community is required to complete a Consolidated Plan/Strategic Plan, and Annual Action Plan. The Consolidated Plan is designed to provide a unified vision for community development actions to meet CDBG goals of decent housing, suitable living environment, and expanded economic opportunities. The Strategic Plan is an outlay of expected actions and programs to address City needs as consistent with the national objectives and the Annual Action Plan describes the intended use of CDBG funds over the coming year. The City is to receive $463,637 in CDBG funds for FFY 2023 (FY 23/24). Consistent with prior years, the following activities are proposed to be funded in the upcoming fiscal year: • financial assistance to homeowners for home repairs, • financial assistance for first-time homebuyers, • provide grant opportunity for public service providers, and • compliance activities for the CDBG program. On June 29, 2023, the Citizens Advisory Task Force (the CDBG Advisory Board for City Council), reviewed and made recommendations regarding the proposed allocation of CDBG funds. The proposed allocation is as follows: ACTIVITY Allocation Housing Assistance Activities Financial Assistance for Home Repair Owner- $259,092 Occupied Unit First-time homebuyers Program $100,000 Public Service Activities Public Service Grant Program (Max. 15% $69,545 of annual allocation) Planning and Administration $35,000 TOTAL ALLOCATION FOR FFY-2023 (FY 2023/24) $463,637 Recommended Action: THE CITIZENS ADVISORY TASK FORCE RECOMMENDS THAT CITY COUNCIL APPROVE THE FFY 2023 (FY 23/24) CDBG ANNUAL ACTION PLAN 649 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department COMMUNITY DEVELOPMENT Amount Division CODE ENFORCEMENT Account # Subject RESOLUTION 2023-XX APPROVING FINAL NUISANCE ABATEMENT ASSESSMENT Presenter: Barbara Grossman, Code Enforcement Manager Attachments: 1. Presentation 2. Resolution 3. Nuisance Abatement Assessment List Background: On March 2, 2010, the City adopted Ordinance 2010-03 to provide for the creation of an Assessment Area and authorize the imposition of Nuisance Abatement Assessments to be attached to the annual ad valorem tax bill sent by the County Tax Collector. On December 21, 2010, the City adopted Resolution 2010-168 signifying its intent to use the uniform collection method to collect non-ad valorem assessments pursuant to Ordinance 2010-03. On July 18, 2023, City Council adopted the Initial Assessment Resolution 2023-65 relating to the Nuisance Abatement Special Assessment. Staff has prepared the Final Assessment Roll and Final Assessment Resolution for Council consideration. Pursuant to State Statutes, the notice of the public hearing was published in the newspaper of general circulation for Flagler County with the list of the affected property owners at least 20 days prior to the August 15, 2023. Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING FINAL NUISANCE ABATEMENT ASSESSMENT 688 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department COMMUNITY DEVELOPMENT Amount $152,357.10 Division Account 21097011-034000 # Subject RESOLUTION 2023-XX APPROVING A CONTRACT WITH LASSITER TRANSPORTATION GROUP (LTG) FOR CONSULTANT SERVICES TO COMPLETE A TRANSPORTATION IMPACT FEE STUDY AND UPDATE THE TRANSPORTATION IMPACT FEE SCHEDULE Presenter: Phong Nguyen, Senior Transportation Planner, and Jose Papa, AICP, Senior Planner Attachments: 1. Presentation 2. Resolution 3. Notice of Intent to Award 4. Scope of Service Background: Impact fees are fees imposed on development for the purpose of accommodating a development’s impact on public facilities or services (i.e., impact fees are collected to fund capacity improvements, impact fees may not be used for maintenance projects such as resurfacing of roadways, replacement of damaged traffic equipment, etc.). In addition to Transportation Impact Fees, the City also levies impact fees for Parks & Recreation and Fire. Other impact fees are levied for schools (levied by School District), law enforcement and emergency medical services, and libraries (levied by Flagler County). Florida Statutes Chapter 163.31801, the Florida Impact Fee Act, governs the levying and collection of impact fees by counties, municipalities, and special districts. As recommended in the City’s Code of Ordinance, an update of the City’s Transportation Impact Fee Study and Schedule should be completed every five years. It is important to note that the impact fee schedule is updated annually based on the Florida Department of Transportation (FDOT) Construction Cost Index. The last update of the transportation impact fee study was completed in 2018. The purpose of the five-year update is to ensure that impact generating development does not pay more than its proportionate share for the costs of growth-induced capital transportation improvements. The completion of a report is important in establishing that there is an “essential nexus” or a link between the traffic generated by new development and the need for additional improvements. Additionally, it needs to be established that the amount of impact fee being collected is “roughly proportional” to the share of additional capital improvement which can be attributed to new development. Essentially, a five-year review of the impact fee rates is necessary to maintain a legally defensible impact fee schedule. The five-year study will typically analyze the following for its impact on the transportation capital improvement schedule: • changes in capacity/facility needs (i.e., what roads and streets need to be widened), 711 • cost assumptions (i.e., ground truthing of actual construction cost for road projects), • land use characteristics (i.e., where and what type of development is occurring), and • projected growth (i.e., the amount of growth occurring within the city, this also considers growth outside of city and its impact on city infrastructure). In order to complete a new impact fee schedule, the City issued a Request for Statement of Qualifications (RFSQ) to solicit consulting firms to complete the task. Lassiter Transportation Group (LTG) submitted a response to the RFSQ. A Notice of Intent to Award (NOIA) was issued to accept LTG. After negotiations, City staff and LTG have agreed on a scope of service to complete a transportation impact fee study and update of the transportation impact fee schedule for $152,357.10. In addition to completing the technical analysis to update the impact fee schedule, LTG will provide technical analysis that will be used to update the Transportation Element of the Comprehensive Plan to 2050. The scope of service will include the completion of the following tasks: I. Update and refinement of land uses II. Development of Capacity Needs III. Development of Capacity Improvements Schedule IV. Update the Cost of Additional Roadway Capacity V. Comparison of Impact Fee Schedules VI. Review of Existing Ordinance VII. Community Outreach, Public Participation and Collaboration with Stakeholders At strategic points during the study, the consultant will provide findings at a City Council workshop. Additionally, the consultant team will host a workshop with stakeholders and other interested parties to gather input on the proposed update. SOURCE OF FUNDS WORKSHEET FY 2023 Transportation Impact Fee–21097011-034000 $30,000.00 Total Expenses/Encumbered to date $47.78 Pending Work $0.00 Orders/Contracts $0.00 Current Contract $29,952.22 Balance $0.00 SOURCE OF FUNDS WORKSHEET FY 2024 Transportation Impact Fee–21097011-034000 $125,000.00 Total Expenses/Encumbered to date $0.00 Pending Work $0.00 Orders/Contracts $0.00 Current Contract $122,404.88 Balance $2,595.12 Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING A CONTRACT WITH LASSITER TRANSPORTATION GROUP (LTG) FOR CONSULTANT SERVICES TO COMPLETE A TRANSPORTATION IMPACT FEE STUDY AND UPDATE THE TRANSPORTATION IMPACT FEE SCHEDULE 712 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department FINANCIAL SERVICES Amount Division Account # Subject: RESOLUTION 2023-XX APPROVING THE OLD KINGS ROAD SPECIAL ASSESSMENT ROLL TO BE TRANSMITTED TO THE FLAGLER COUNTY TAX COLLECTOR Presenter: Helena Alves, Director of Financial Services Attachments: 1. Resolution Background: The Old Kings Road Special Assessment District was established by Ordinance 2005-10 to provide a funding mechanism, through special assessments, to fund four-laning improvements to Old Kings Road, based on the request and consent of affected property owners, from Palm Coast Parkway to State Road 100. This Resolution provides for the annual assessment roll to be certified to the County Tax Collector so that the annual installments of the assessment can be included on the 2023 Property Tax Bills to be issued in October/November 2023. The assessment was first added to the tax roll in 2013 and will remain for a period of 30 years. It is expected to be repaid by 2043. The balance as of September 30, 2022, was $4,128,482. The assessments roll is substantially similar to the roll approved in the prior fiscal year. Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING THE OLD KINGS ROAD SPECIAL ASSESSMENT ROLL TO BE TRANSMITTED TO THE FLAGLER COUNTY TAX COLLECTOR 733 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department PUBLIC SAFETY Amount $34,881.33 Division FIRE Account # 10014000- 064000 Subject: RESOLUTION 2023-XX APPROVING FIREHOUSE SUBS PUBLIC SAFETY GRANT FOR POLARIS RANGER CREW XP1000 WITH LIGHTS AND SIREN KIT FOR $34,881.33 Presenter: Kyle Berryhill, Fire Chief Attachments: 1. Resolution 2. Award Letter Background: Council Priority: B. Safe and Reliable Services Palm Coast Fire has been awarded $34,881.33 for the purchase of a Polaris Ranger Crew XP1000 with Light Kit, Siren and PA System, Skid, Poly Sport Roof and Accessories (including up to $600 freight and up to $412.50 installation). Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING FIREHOUSE SUBS PUBLIC SAFETY GRANT FOR POLARIS RANGER CREW XP1000 WITH LIGHTS AND SIREN KIT FOR $34,881.33 739 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department WATER AND WASTEWATER Amount AS NEEDED UTILITY Division WASTEWATER Account MULTIPLE Subject RESOLUTION 2023-XX APPROVING PIGGYBACKING THE OMNIA KANSAS CITY, MISSOURI CONTRACT WITH GRAYBAR ELECTRIC COMPANY, INC., FOR THE PURCHASE OF MISCELLANEOUS ELECTRICAL SUPPLIES AS NEEDED Presenter: James Melley, Utility Systems Manager Attachments: 1. Resolution 2. Piggyback Contract Background: Council Priority: D. Sustainable Environment and Infrastructure The City of Palm Coast Utility Department has identified the need for electrical parts, based on the City’s standards and the proprietary aspects for lift stations within the wastewater collection system. The Utility Department requires priority for replacement of parts and equipment for repairs within the Utility Water and Wastewater System on an as-needed basis. City staff is recommending piggybacking the OMNIA Kansas City, Missouri Contract (OMNIA EV 2370.1) with Graybar Electric Company, Inc., for the purchase of electrical parts. 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 OMNIA KANSAS CITY, MISSOURI CONTRACT WITH GRAYBAR ELECTRIC COMPANY, INC., FOR THE PURCHASE OF MISCELLANEOUS ELECTRICAL SUPPLIES AS NEEDED 744 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department PUBLIC WORKS/WATER AND Amount AS NEEDED WASTEWATER UTILITY DEPARTMENT Division Account # VARIOUS Subject: RESOLUTION 2023-XX APPROVING PIGGYBACKING THE CITY OF CASSELBERRY CONTRACT RFP 2023-1027 FOR GENERATOR MAINTENANCE AND REPAIR Presenter: Matthew Mancill, Director of Public Works Attachments: 1. Resolution 2. Piggyback Contract 3. Public Works Generator List 4. Utilities Generator List Background: Council Priority: B. Safe & Reliable Services The City of Palm Coast Public Works Facilities Maintenance and Utility Wastewater Pumping divisions are seeking approval to piggyback the City of Casselberry, Florida’s Contract RFP # 2023-1027 with Alternative Power Solutions, Inc. for the scheduled maintenance and as- needed repair work of the City's facilities' generators. The existing piggybacked contract with the same vendor will expire on August 12th, 2023. Benefits of Piggybacking: Piggybacking the contract will allow the City of Palm Coast to maintain the generator maintenance and repair service with the current vendor, which has been providing satisfactory services. Piggybacking also offers the advantage of obtaining better pricing compared to independently soliciting bids. By piggybacking on the existing contract, the City of Palm Coast can continue to receive essential generator maintenance and repair services while benefiting from competitive pricing and streamlined procurement processes. Contract Details: The piggybacked contract will be effective from the expiration of the current contract (August 12th, 2023) through August 12th, 2026. The underlying contract with Alternative Power Solutions, Inc. is based on a per-unit price basis. Purchases will be made on an as-needed basis using budgeted funds appropriated by the City Council. Funding: The Fiscal Year 2024 budget includes available funding in the City's Facilities Maintenance and Utility Wastewater Pumping budgets to cover the costs of scheduled generator 958 maintenance and as-needed repairs. City staff estimates that the City will spend over $50,000.00 annually under this piggyback contract. Source of Funds Worksheet FY 2024 Facilities Maintenance - Other Contractual Services Fund 65035012-034000 $7,000.00 Total Expended/Encumbered to Date $0.00 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $0.00 Balance $7,000.00 Facilities Fire - Other Contractual Services Fund 65035012-034000-99042 $6,000.00 Total Expended/Encumbered to Date $0.00 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $0.00 Balance $6,000.00 Facilities Maintenance - Repair and Maintenance Services Fund 65035012-046000 $5,000.00 Total Expended/Encumbered to Date $0.00 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $0.00 Balance $5,000.00 Facilities Fire - Repair and Maintenance Services Fund 65035012-046000-99042 $2,500.00 Total Expended/Encumbered to Date $0.00 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $0.00 Balance $2,500.00 Wastewater Pumping - Other Contractual Services Fund 54019081-034000 $125,000.00 Total Expended/Encumbered to Date $0.00 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $0.00 Balance $125,000.00 Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING PIGGYBACKING THE CITY OF CASSELBERRY CONTRACT RFP 2023-1027 FOR GENERATOR MAINTENANCE AND REPAIR 959 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department CITY ADMINISTRATION Amount Division Account # Subject: RESOLUTION 2023-XX APPROVING AN INTERLOCAL AGREEMENT WITH FLAGLER COUNTY SHERIFF’S OFFICE FOR THE PROVISION OF LAW ENFORCEMENT SERVICES Presenter: Lauren Johnston, Assistant City Manager Attachments: 1. Resolution 2. Interlocal Agreement Background: UPDATED BACKGROUND FROM THE AUGUST 8, 2023, WORKSHOP MEETING: City Council received a presentation on this item at their August 8, 2023, Workshop Meeting. There were no changes proposed to the item. ORIGINAL BACKGROUND FROM THE AUGUST 8, 2023, WORKSHOP MEETING: The City has partnered with the Flagler County Sheriff’s Office for law enforcement services since the City’s incorporation in 1999. Services within the agreement include: • Patrol service and traffic enforcement; • Special event details (including traffic control, safety and security for community-wide events); • Enforcement of City Ordinances as defined in Appendix “B” attached hereto and incorporated herein; • Attendance at all City Council meetings and workshops; • Attendance at City board meetings upon request by the City Manager; and • All other duties and functions customarily rendered by municipal police departments. The terms of the agreement will commence on October 1, 2023, and will end on September 30, 2024. The agreement can then be renewed at the beginning of each successive fiscal year (October 1, 2023) unless notice of non-renewal is given by either party, in writing, prior to May 1st. Additional compensation and staffing shall be addressed annually before July 1st of each year and a mutual agreement of the parties shall be reached and reflected in an annually revised. Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING AN INTERLOCAL AGREEMENT WITH FLAGLER COUNTY SHERIFF’S OFFICE FOR THE PROVISION OF LAW ENFORCEMENT SERVICES 1027 City of Palm Coast, Florida Agenda Item Agenda Date: August 15, 2023 Department FINANCIAL SERVICES Amount Division Account # Subject: REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR JULY 2023 Presenter: Denise Bevan, City Manager Attachments: 1. Sole Source Purchase Report Background: Attached is a list of all emergency and sole source purchases for the month of July 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 1042

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