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City Council Business Meeting

Regular Meeting

Palm Coast, FL · March 5, 2024

AgendaMinutes

Minutes

City Hall City of Palm Coast 160 Lake Avenue Minutes Palm Coast, FL 32164 www.palmcoastgov.com City Council Business Meeting Mayor David Alfin Vice Mayor Ed Danko Council Member Cathy Heighter Council Member Nick Klufas Council Member Theresa Pontieri Tuesday, March 5, 2024 6:00 PM City Hall - Community Wing City Staff Denise Bevan, City Manager 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 6:02 p.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: City of Palm Coast Created on 3/14/24 15 (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. Mayor Alfin provided the rules and procedures of public comment. Ms. Bevan shared an announcement with City Council related to information which was provided to them regarding a forensic audit. Michael Culler discussed invasive eggs noticed while fishing, kayaks and access to the water system, and provided examples of access points. Celia Pugliese discussed an email sent to City staff regarding signs blocking a public walkway near St. Joe Walkway, asked for the status of a second meeting with Flagler Executive Airport, and for an update on Florida Park Drive traffic. Heather Davis discussed the history of a new build neighboring her home, approvals by the City, and urged City Council to make it make sense. Candi Stevens referenced maps, which are available attached to these minutes, requested that she receive an invitation to meetings of the Residential Drainage Citizens Advisory Committee, and discussed the location of the houses mapped. Vice Mayor Danko discussed the Residential Drainage Citizens Advisory Committee application and that the committee meetings are open to the public. Ms. Bevan confirmed. Robert MacDonald discussed a recent free event, an upcoming event with an admission fee, asked where the funds received from events goes, asked for the City of Palm Coast Created on 3/14/24 16 fee charged to every organization which used the community center, and to know the name of the organization. Mayor Alfin asked Ms. Bevan to provide the details of an upcoming event. Jeffery Seib discussed the criticality of the drainage system, tests of the system and functionality, regulations regarding foundation height of new homes relative to existing homes nearby, and advocated for a complete renovation of the City drainage system. Joseph Polici discussed his son's landscaping business and issues with Code Enforcement. Bruce Stone discussed inability to walk in the area of Cimmaron Drive, problems with speeding, information from nearby cities, and additional safety concerns. Virginia Chalmers discussed her water usage, water bill costs, water pressure, and water quality concerns. Vice Mayor Danko asked for staff to assist the speaker. Vincent Mazarella discussed his experience as a professional engineer, the need to identify addresses affected by flooding, and provided suggestions for next steps in the process. Leslie Johnson showed a map to City Council (a copy has been attached to these minutes) to discuss addresses affected by flooding, location of Community Development Districts, roads designated for westward expansion, finding trends, and shared concern for online board applications, process, and cases. Andy Clark discussed cutting back on items that affect future increases. David Velez discussed black mold, swale maintenance, and Utility bill charges. Eileen Webber discussed rate increases and inability to afford increases. Marilyn Mack discussed comment cards, Residential Drainage Citizens Advisory Committee, forensic audit, Utility bill charges, removal of a 5' easement requirement, and water usage and cost. Council Member Pontieri provided a response to public comment regarding a speed study, discussions with Ormond Beach on speed slowing mechanisms, and asked Ms. Bevan to provide the process for comment cards. Ms. Bevan provided the process for comment cards. Council Member Klufas discussed water consumption and provided a recommendation for tools and education to be shared with residents regarding water usage. City of Palm Coast Created on 3/14/24 17 Mayor Alfin asked for information related to the Strawberry Festival as referenced during public comment. James Hirst, Director of Parks & Recreation, shared information related to the event. E. MINUTES 1. MINUTES OF THE CITY COUNCIL: FEBRUARY 20, 2024, CITY COUNCIL BUSINESS MEETING FEBRUARY 20, 2024, CITY COUNCIL SPECIAL WORKSHOP Council Member Pontieri asked for an amendment to the February 20, 2024, Business Meeting Minutes. Motion by Vice Mayor Danko, seconded by Council Member Heighter, to approve the February 20, 2024, City Council Business Meeting Minutes as amended. Motion by Vice Mayor Danko, seconded by Council Member Pontieri, to approve the February 20, 2024, Special Workshop Minutes. F. PRESENTATIONS 2. PRESENTATION - LAUNCH OF FINANCIAL TRANSPARENCY DASHBOARD Helena Alves, Director of Financial Services, opened the item. A video on the topic was shared. Brittany Kershaw, Director of Marketing & Communications, shared how to find the portal. Mayor Alfin asked how often the information is updated. Ms. Alves responded weekly. Council Member Klufas thanked staff. 3. PRESENTATION - EVALUATION OF LEGAL SERVICES PROPOSALS Lauren Johnston, Assistant City Manager, opened the item and sought direction for selection of a firm. Council Member Klufas asked if anyone on the Council has had any success on negotiating fee proposals and variances between the proposals. City of Palm Coast Created on 3/14/24 18 Mayor Alfin shared about his discussion with other cities and organizations on the topic. City Council Members shared their thoughts on the proposals, firms, and selection. City Council provided consensus to move forward with the Douglas Law Group. Discussion was held on the process and steps moving forward. Motion by Mayor Alfin, seconded by Council Member Pontieri to direct the City Manager to prepare and negotiate a contract that is consistent with the Request for Proposals and to bring the contract forward at the next Business Meeting. Public Comment: Celia Pugliese asked if the firm has any expertise in land development and encouraged thorough knowledge in land development rules. Robert MacDonald asked the Mayor to have the City Attorney draft the contract. Mayor Alfin responded that the City Manager has access to the City Attorney throughout the process. Marilyn Mack discussed procurement process for legal services and performance-based contracts. Bruce Stone discussed flooding on Florida Park Drive. Mayor Alfin shared that public comment is open to the topic of the agenda item. Council Member Klufas discussed procurement negotiation by City staff and asked for staff to explain that the City Manager position and City Attorney position are different. Mayor Alfin stated that the process has been open to the public. The motion passed unanimously. G. ORDINANCES SECOND READ 4. ORDINANCE 2024-10 UTILITY RATE AMENDMENT Attorney Garganese read the title into the record and reminded City Council of the updates that have occurred. City Council held discussion on fee increases, State appropriations, budget adjustments, timeline, expenses that growth is causing, and increase to operations costs. City of Palm Coast Created on 3/14/24 19 Mr. DeLorenzo and Mr. Grau provided a response to City Council comments and questions. Public Comment: Annamaria Long, Executive Officer for the Flagler Homebuilder's Association, discussed increases, non-opposition from the Flagler Homebuilder’s Association, and hoped that the water would become affordable. Candi Stevens discussed cost of living in Palm Coast, support for increased fees for developers, fee increases with a new water plant, services provided, and considering residents on fixed incomes. Mike Morris asked where Mr. Flanagan is, urged a motion for a full increase for developers, and discussed shifting priorities. Celia Pugliese agreed with maxing out the proposed increase and discussed an Ordinance banning parcel clearing burning. Leslie Johnson utilized a map to identify Community Development Districts, building and impact fees, and the residents who will be footing the bill. Robert MacDonald asked for a description of an impact fee, who pays it, where the funds go, if it will reduce the amount of taxes he has to pay, if it comes from builders, and stated that the Council should raise the impact fee and make the builders pay. Mr. DeLorenzo and Mr. Grau provided a description of impact fees and the uses. Council Member Klufas noted that impact fees cannot be used for existing utility infrastructure. Peter Johnson discussed current rate studies and projected budget shortfall, encouraged maxing out impact fees for developers, and shared concern for delaying the increase. John Dasilva provided suggestions for increases and putting a hold on westward expansion. Brian Burley encouraged a max impact fee increase and budget cuts from other departments. Karina Thune discussed new home builds and rising water, smart growth, and impact fees. William Jefferies discussed cable companies running lines through easements, contractors doing work after City work, and residential road flooding. Council Member Pontieri asked how the rate increase was determined. Mr. Grau provided a response regarding calculations and rate of inflation. City of Palm Coast Created on 3/14/24 20 Council Member Pontieri shared understanding for resident concern and discussed uses of funds related to growth. Motion by Council Member Pontieri, seconded by Vice Mayor Danko, to approve the second reading of the Ordinance. Council Member Klufas shared information related to flood insurance. City Council held discussion on impact fees, taxes, housing that is affordable, striking a balance, maximum impact fees and Statutory limits, and a volumetric approach to fee increases. Mayor Alfin called on Council to restate the motion. Council Member Pontieri restated her motion to approve the ordinance with a raise in impact fees to the maximum listed in Exhibit A, and seconded by Vice Mayor Danko. Pass Motion made to approve by Council Member Pontieri and seconded by Vice Mayor Danko Approved - 4 - Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter Denied - 1 - Mayor David Alfin H. RESOLUTIONS 5. RESOLUTION 2024-35 APPROVING THE SUPPLEMENTAL AGREEMENT FOR SEMINOLE WOODS INVESTMENTS, LLC (SWI) ANNEXATION Attorney Garganese read the title into the record. Phong Nguyen, Senior Planner, presented the topic to Council. Topics presented included: overall site layout, pre-annexation background, supplemental agreement request, payment of impact fees, and recommendation. The applicant was available for questions. Mayor Alfin asked if we are required by agreement or law to accept the annexation. Council Member Pontieri asked who will be approving development and process. Mr. Nguyen provided a response to Council comments and questions. Jay Livingston, on behalf of the applicant, provided details of the agreement. Council Member Pontieri asked if there will be an affect to tax revenue. City of Palm Coast Created on 3/14/24 21 Mr. Livingston provided a response on timeline and tax base. Mayor Alfin asked for the basis of the decision to begin planning with the County. Mark Hudgins, Seminole Woods Investments, provided information regarding the process, scheduling issues, and changes to the plan. Mr. Livingston shared additional information related to the project and location. Public Comment: Celia Pugliese shared support for the project and wanted to ensure that the City received impact fees, ad valorem taxes, and discussed distribution to other entities. 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 6. RESOLUTION 2024-39 APPROVING THE AMENDED PARKS & RECREATION FEE STRUCTURE Attorney Garganese read the title into the record. James Hirst, Director of Parks & Recreation, presented the topic to Council. Topics presented included: background, number of rounds, comparison for 18- holes, comparison 9 holes, proposed change, fee increase versus rounds, current versus proposed fees for 18 holes, current versus proposed fees for 9 holes, and Council action. City Council held discussion on the following topics: resident rate versus nonresident rates, public versus private, tournament fees, cost recovery, revenues to the General Fund, price fixing, reasonable pricing and the golf course as a City amenity, and striking a balance of cost recovery versus an additional revenue stream. Mr. Hirst provided a response to Council questions. Public Comment: Celia Pugliese discussed the history of the Palm Harbor Golf Course, the golf course as a City amenity, support for breaking even, asked if the course is comparable to other courses. Robert MacDonald agreed with the comments of Vice Mayor Danko, asked how we will determine a resident or non-resident, suggested that Mr. Hirst review the fees of nearby golf courses, and suggested that City Council postpone the item. City of Palm Coast Created on 3/14/24 22 Doreen Holl, Owner of Pine Lakes Golf Course, discussed Palm Harbor Golf Course, Palm Harbor setting the rate structure for golf, and supported cost recovery. Mike Morris did not support profiting off of the community, discussed events and funds, and encouraged the City to verify who is hosting festivals, and ensuring that charities receive the funds they are supposed to receive. A resident whose name could not be heard, agreed with the comments of Vice Mayor Danko and discussed golf rates including local versus nonlocal residents, financial benefits, and use of funds received. Motion by Vice Mayor Danko to amend the Resolution by $3.50 for Palm Coast residents, $5.00 for Florida residents, and $7.25 for out of state residents. The motion died for lack of a second. Motion by Council Member Pontieri to approve the Resolution as amended raising the Palm Coast resident rates by $2.50, the Florida resident rate by $3.00, and the out of state rate by $5.00. Council Member Pontieri asked to include an automatic 3% CPI increase to be automatic in the motion. The motion was seconded by Council Member Klufas. Mayor Alfin asked when the rates would be revisited again. Mr. Hirst responded that the rates will be revisited annually. Council Member Klufas asked if the proposed rates get to the point of cost recovery. City Council held discussion on the motion. Council Member Pontieri amended the motion to raise the rates $2.50 for Palm Coast Residents, $3.50 for Florida residents, and $7.00 for out of state residents. The motion was seconded by Council Member Heighter. Pass Motion made to approve as amended by Council Member Pontieri and seconded by Council Member Heighter Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter I. CONSENT Council Member Pontieri asked if item 11 will include a presentation at an impasse hearing. City of Palm Coast Created on 3/14/24 23 Ms. Bevan responded yes. Public Comment: George Mayo discussed item 8 and provided a suggestion for working with the Flagler County Sheriff's Office. Celia Pugliese asked about item 10 and asked what kind of construction it is. Mayor Alfin asked staff to provide details to the resident. Pass Motion made to be adopted on consent by Vice Mayor Danko and seconded by Council Member Heighter Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter 7. RESOLUTION 2024-40 APPROVING A CHANGE ORDER WITH STANTEC CONSULTING SERVICES FOR ADDITIONAL COST 8. RESOLUTION 2024-36 CREATING A REGISTRATION FEE FOR FLOATING VESSEL PLATFORMS 9. RESOLUTION 2024-37 APPROVING A PIGGYBACK CONTRACT WITH HERNANDO COUNTY, FLORIDA, AND ASPHALT PAVING SYSTEMS, INC., AND EXPENSES RELATED TO GLOBAL TREATMENT SERVICES 10. RESOLUTION 2024-34 APPROVING A GRANT AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, A CONTRACT WITH S.E. CLINE CONSTRUCTION, INC., APPROVAL OF CONSTRUCTION ENGINEERING INSPECTION SERVICES, AND A PROJECT CONTINGENCY FOR THE P-1 WEIR REPLACEMENT 11. RESOLUTION 2024-38 APPROVING AN ADDITIONAL WORK ORDER WITH GABRIEL, ROEDER, SMITH & COMPANY FOR ACTUARIAL SERVICES IN AN AMOUNT NOT TO EXCEED $40,000 J. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. George Mayo shared support for an ASL interpreter who assisted with the meeting and provided suggestions, discussed issues of fraud and ensuring that similar issues are not happening in Palm Coast, and recommended 15-minute breaks for long Council meetings. Karina Thune discussed flood insurance and asked Council not to let homes flood. City of Palm Coast Created on 3/14/24 24 K. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA Council Member Pontieri shared prayers for Flagler County Sheriff’s Office Deputy First Class Stamps. Council Member Klufas discussed events which occurred recently. Mayor Alfin stated that it was wonderful to see so many young smiling faces surrounding the ball field and to see families engaged together. L. DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA There were none. M. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA There were none. N. ADJOURNMENT The meeting was adjourned at 9:27 p.m. Respectfully submitted by: Kaley Cook, CMC, FCRM City Clerk City of Palm Coast Created on 3/14/24 25

Agenda

City Hall City of Palm Coast 160 Lake Avenue Agenda Palm Coast, FL 32164 www.palmcoastgov.com City Council Business Meeting Mayor David Alfin Vice Mayor Ed Danko Council Member Cathy Heighter Council Member Nick Klufas Council Member Theresa Pontieri Tuesday, March 5, 2024 6:00 PM City Hall - Community Wing City Staff Denise Bevan, City Manager 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 1/22/24 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: FEBRUARY 20, 2024, CITY COUNCIL BUSINESS MEETING FEBRUARY 20, 2024, CITY COUNCIL SPECIAL WORKSHOP F. PRESENTATIONS 2. PRESENTATION - LAUNCH OF FINANCIAL TRANSPARENCY DASHBOARD 3. PRESENTATION - EVALUATION OF LEGAL SERVICES PROPOSALS G. ORDINANCES SECOND READ 4. ORDINANCE 2024-XX UTILITY RATE AMENDMENT H. RESOLUTIONS 5. RESOLUTION 2024-XX APPROVING THE SUPPLEMENTAL AGREEMENT FOR SEMINOLE WOODS INVESTMENTS, LLC (SWI) ANNEXATION 6. RESOLUTION 2024-XX APPROVING THE AMENDED PARKS & RECREATION FEE STRUCTURE City of Palm Coast Created on 1/22/24 2 I. CONSENT 7. RESOLUTION 2024-XX APPROVING A CHANGE ORDER WITH STANTEC CONSULTING SERVICES FOR ADDITIONAL COST 8. RESOLUTION 2024-XX CREATING A REGISTRATION FEE FOR FLOATING VESSEL PLATFORMS 9. RESOLUTION 2024-XX APPROVING A PIGGYBACK CONTRACT WITH HERNANDO COUNTY, FLORIDA, AND ASPHALT PAVING SYSTEMS, INC., AND EXPENSES RELATED TO GLOBAL TREATMENT SERVICES 10. RESOLUTION 2024-XX APPROVING A GRANT AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, A CONTRACT WITH S.E. CLINE CONSTRUCTION, INC., APPROVAL OF CONSTRUCTION ENGINEERING INSPECTION SERVICES, AND A PROJECT CONTINGENCY FOR THE P-1 WEIR REPLACEMENT 11. RESOLUTION 2024-XX APPROVING AN ADDITIONAL WORK ORDER WITH GABRIEL, ROEDER, SMITH & COMPANY FOR ACTUARIAL SERVICES IN AN AMOUNT NOT TO EXCEED $40,000 J. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. K. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA L. DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA M. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA N. ADJOURNMENT 12. AGENDA WORKSHEET AND CALENDAR City of Palm Coast Created on 1/22/24 3 City of Palm Coast, Florida Agenda Item Agenda Date: March 5, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: MINUTES OF THE CITY COUNCIL: FEBRUARY 20, 2024, CITY COUNCIL BUSINESS MEETING FEBRUARY 20, 2024, CITY COUNCIL SPECIAL WORKSHOP Presenter: Kaley Cook, City Clerk Attachments: 1. Minutes (2) Background: Recommended Action: APPROVE MINUTES OF THE CITY COUNCIL: FEBRUARY 20, 2024, CITY COUNCIL BUSINESS MEETING FEBRUARY 20, 2024, CITY COUNCIL SPECIAL WORKSHOP 4 City of Palm Coast, Florida Agenda Item Agenda Date: March 5, 2024 Department FINANCIAL SERVICES Amount Division Account # Subject: PRESENTATION – LAUNCH OF FINANCIAL TRANSPARENCY DASHBOARD Presenter: Helena Alves, Director of Financial Services Attachments: 1. Presentation (Video) Background: The Finance Transparency Dashboard offers a comprehensive view of the City's financial landscape, allowing users to explore various revenue streams, expenditures, and budget allocations. From the fiscal year 2021 to the present, historical data is readily available and updated weekly to ensure that the most current information is accessible to the public. A video detailing how to navigate the Finance Transparency Dashboard has been created to assist visitors to the site. Residents, visitors, and businesses are encouraged to explore the Finance Transparency Dashboard and begin exploring this valuable data. Together, we can work towards building a stronger, more transparent community. Recommended Action: FOR PRESENTATION ONLY 21 City of Palm Coast, Florida Agenda Item Agenda Date: March 5, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: PRESENTATION – EVALUATION OF LEGAL SERVICES PROPOSALS Presenter: Lauren Johnston, Assistant City Manager Attachments: 1. Ranking Sheet Background: UPDATED BACKGROUND FROM THE FEBRUARY 20, 2024, WORKSHOP MEETING: City Council heard the four presentations and conducted a question-and-answer session with each firm. Ms. Johnston enumerated the next several steps in the process, beginning with an evaluation of the proposals to rank and select a firm. City Council provided consensus and direction to move forward with the next step at the earliest Business Meeting. A ranking sheet for use during the evaluation process is attached to this agenda item. UPDATED BACKGROUND FROM THE DECEMBER 12, 2023, WORKSHOP MEETING: City Council provided consensus and direction to move forward with the request for proposals at the December 12, 2023, Workshop Meeting. The City received four proposals: Douglas Law Firm, Fishback Dominick Attorneys and Counselors at Law, GrayRobinson, and Vose Law Firm. Per City Council’s request at the February 6, 2024, Business Meeting, the proposal submitters will be in attendance to provide a presentation and hold a question- and-answer session with City Council. UPDATED BACKGROUND FROM THE NOVEMBER 28, 2023, SPECIAL WORKSHOP MEETING: City Council held a Special Workshop on November 28, 2023, to discuss the legal service options for the City of Palm Coast. Per City Council’s direction, Ms. Johnston will provide a draft Request for Proposals for Council’s consideration. ORIGINAL BACKGROUND FROM THE NOVEMBER 28, 2023, SPECIAL WORKSHOP MEETING: The primary purpose of this special meeting is to discuss legal service options for the City of Palm Coast. The necessity for this discussion arises from the recent decision of the current City Attorney accepted a position elsewhere. To maintain continuity of coverage to the appropriate level of service for the City of Palm Coast, Ms. Johnston will provide an update on the City’s current attorney services provider, Garganese, Weiss, D’Agresta, & Salzman, P.A., and additional options related to attorney services. Recommended Action: FOR DISCUSSION AND DIRECTION 22 City of Palm Coast, Florida Agenda Item Agenda Date: March 5, 2024 Department WATER AND WASTEWATER Amount Division UTILITY Account # Subject: ORDINANCE 2024-XX UTILITY RATE AMENDMENT Presenter: Jason DeLorenzo, Chief of Staff Attachments: 1. Ordinance 2. Exhibit 3. Business Impact Estimate Background: Council Priority: D. Sustainable Environment & Infrastructure UPDATED BACKGROUND FROM THE FEBRUARY 20, 2024, BUSINESS MEETING: City Council heard the first reading of this item at the February 20, 2024, Business Meeting. The attached Ordinance and Exhibit have been revised to reflect City Council’s motion to adjust only the Capital Facility Fee. ORIGINAL BACKGROUND FROM THE FEBRUARY 20, 2024, BUSINESS MEETING: To ensure revenues are sufficient to support the operation, maintenance and expansion of the water and sewer utility the City periodically conducts a review of the established rates and fees. The city enlisted the services of Stantec Consulting Services Inc., in Florida to conduct a Water and Wastewater Revenue Sufficiency and Capital Facilities Fees Study. Calculations are needed to assess the rates necessary to maintain the infrastructure of the water and sewer system. The consultant will recommend adjustments to various rates including monthly base charges and per gallon charges as well as adjustments to water and sewer capacity fees that are assessed for new construction. Rate studies are performed to assure that the studied entity will be sustainable over time to cover operating costs, capital improvements costs, stay within financial policies and cover debt payments with a reserve for emergencies. Much information must go into this evaluation and ultimately the result that is derived from all the information that goes into the study. These studies are usually performed every 3 to 5 years to keep up with the changes that occur in the operation, growth changes, material cost changes, labor rates, equipment costs as well as maintenance and other factors. Based on the current economic factors changing much of how our economy functions, such as covid impact, supply chain issues, inflation, labor shortages and the fact that our past few studies have not been of the most comprehensive nature, this study is a more thorough dive into our system needs. 24 During the regularly scheduled City Council meeting of November 14, 2023, and February 13, 2024, utility staff and the utility rate consultant presented its initial findings, options for consideration, and recommendations for cost adjustments. This was a presentation only for information and to request council direction with a future rate consideration to come back to council for adoption. City staff and the Consultant have taken the guidance provided by council at the November meeting and included a new water tier, holding the base rates flat for the initial rate adjustment, and moving up the capacity fees adjustment from October to May to coincide with the first monthly rate adjustment. Staff recommends adoption of the proposed rate adjustments as presented to Council by Stantec Consulting Services Inc., at the February 20, 2024, City Council meeting. Recommended Action: ADOPT ORDINANCE 2024-XX UTILITY RATE AMENDMENT 25 City of Palm Coast, Florida Agenda Item Agenda Date: March 5, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: RESOLUTION 2024-XX APPROVING THE SUPPLEMENTAL AGREEMENT FOR SEMINOLE WOODS INVESTMENTS, LLC (SWI) ANNEXATION Presenter: Phong Nguyen, Senior Planner Attachments: 1. Presentation 2. Resolution 3. Supplemental Agreement Cornerstone PC Annexation 4. Distant Aerial 5. Site Map Background: This is a legislative item. The applicant, Seminole Woods Investments, LLC (SWI), has submitted a supplemental agreement relating to the Pre-Annexation Agreement to ensure the efficient development of the SWI Property. SWI, the City of Palm Coast and BJ’s Wholesale Club, Inc., entered into a Pre-Annexation Agreement dated February 8, 2023, regarding real property of which the SWI Property is a part of the Pre-Annexation Agreement. According to Section 2(b) of the adopted Pre- Annexation Agreement, the effective date for annexation set forth is sixty (60) days after the issuance of a certificate of occupancy by Flagler County for Phase 1 of the Project, which is the development of only the BJ’s Wholesale Club. Developments of SWI Property is Phase 2 of the Project as stated in the original Pre-Annexation Agreement. To date, SWI has secured contracts 4 out of 5 parcels to be developed and is aggressively developing those out parcels at a faster pace than anticipated through the County’s permitting process. Therefore, to efficiently develop these out parcels, SWI is requesting to set its Phase 2 effective date of annexation for only the out parcels at a later date. The Phase 2 effective date of annexation shall be 60 days after the last certificate of occupancy for Phase 2 or December 31, 2025. If the last certificate of occupancy for Phase 2 of the Project has not been issued by December 31, 2025, but there is an active site develop permit for one or more of the lots that comprise Phase 2, then the Phase 2 effective date of annexation shall be extended to the date that is the date that the last certificate of occupancy for Phase 2 has been issued or December 31, 2026, whichever occurs first. In addition to amend the effective date of annexation for Phase 2, SWI also agrees to pay the difference between the amounts due for transportation and fire services impact fees in Flagler County and the amounts that would be due for those impact fees in the City pursuant to the City’s impact fee schedule. 34 Summary of Findings: Planning staff has reviewed this Supplemental Agreement for SWI annexation and finds it meets the initial intent and therefore supports the request. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING THE SUPPLEMENTAL AGREEMENT FOR SEMINOLE WOODS INVESTMENTS, LLC (SWI) ANNEXATION 35 City of Palm Coast, Florida Agenda Item Agenda Date: March 5, 2024 Department PARKS & RECREATION Amount Division GOLF COURSE Account # Subject: RESOLUTION 2024-XX APPROVING THE AMENDED PARKS & RECREATION FEE STRUCTURE Presenter: James Hirst, Director of Parks & Recreation Attachments: 1. Presentation 2. Resolution 3. Exhibit A – Parks & Facilities Fee Schedule Background: Pillar of Priority: Strong Resilient Economy: Maintaining financial strengths within the City and promote fiscal responsibility to ensure future stability. UPDATED BACKGROUND FROM THE FEBRUARY 20, 2024, WORKSHOP MEETING: City Council received a presentation on the comparable fees and recommended fee adjustment at their February 20, 2024, Workshop Meeting. City Council provided staff with further direction for the Palm Harbor Golf Course’s rate adjustment, requesting Staff to provide data on cost recovery metrics. The presentation has been updated with this additional information since the last Workshop Meeting. UPDATED BACKGROUND FROM THE OCTOBER 17, 2023, WORKSHOP MEETING: With the direction given from the October 10, 2023, Workshop Meeting, Staff reached out to the golf courses within the Palm Coast and Bunnell area. A presentation has been created for City Council to review the comparable rates and the recommended fee adjustment for the Palm Harbor Golf Club’s Greens Fees. UPDATED BACKGROUND FROM THE OCTOBER 10, 2023, WORKSHOP MEETING: City Council received a presentation on this item at their October 10, 2023, Workshop Meeting. City Council provided staff with further direction for the Palm Harbor Golf Course which will come back to Council at a later date. The Resolution and Fee Structure have been added to the item since the Workshop Meeting. ORIGINAL BACKGROUND FROM THE OCTOBER 10, 2023, WORKSHOP MEETING: The Palm Coast Parks & Recreation Department is presenting the need to evaluate its current fee structure. The fees that need to be evaluated are the Community Garden Plot Fees, Palm Coast Aquatics Center Lane Rentals, Palm Coast Arts Foundation Amphitheater Rental, Palm Coast Community Center Cocktail Table & Tablecloth Rentals, Palm Harbor Golf Course Green Fees, and Waterfront Park Patio Rental. This analysis is in line with City Council’s pillar of maintaining financial strengths within the City and promote fiscal responsibility to ensure future stability. Reviewing our fees on a regular basis also allows us 56 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 a couple steps: - The first step is to review the current fee structure and determine what changes may need to be made. - The second step is finding comparable organizations to check our fees against. Staff is looking for feedback and direction on the proposed rates for the Parks & Recreation facilities. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING THE AMENDED PARKS & RECREATION FEE STRUCTURE 57 City of Palm Coast, Florida Agenda Item Agenda Date: March 5, 2024 Department WATER AND WASTEWATER Amount $ 40,775.11 UTILITY Division Account # 54019099 034000 Subject: RESOLUTION 2024-XX APPROVING A CHANGE ORDER WITH STANTEC CONSULTING SERVICES FOR ADDITIONAL COST Presenter: Jason DeLorenzo, Chief of Staff Attachments: 1. Resolution 2. Rate Study Change Order 3. Engagement Letter Background: Council Priority: D. Sustainable Environment and Infrastructure On February 15, 2022, City Council approved a piggyback contract with Stantec Consulting Services, Inc., for the Utility Rate Study. The attached Change Order includes a cost of $23,836.11 based upon actual costs incurred for actual effort to date. Additionally, the Change Order includes a cost of $16,939.00 based upon the estimated remaining level of effort and the billable rates outlined in the agreement for services yet to be completed. The services yet to be completed are within the original scope of work. In total, this Change Order includes an additional $40,775.11 of Not-To-Exceed, for an amended total Not-To-Exceed of $190,723.11. Funds for this project are budgeted out of the Fiscal Year 2024 Budget. Source of Funds Worksheet FY24 Water/Wastewater Non-Departmental 54019099-034000 $635,360.00 Transfers from operational divisions $40,775.11 Total Expended/Encumbered to date $627,358.99 Pending Work Orders/ Contracts $40,775.11 Balance $8,001.01 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A CHANGE ORDER WITH STANTEC CONSULTING SERVICES FOR ADDITIONAL COST 80 City of Palm Coast, Florida Agenda Item Agenda Date: March 5, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: RESOLUTION 2024-XX CREATING A REGISTRATION FEE FOR FLOATING VESSEL PLATFORMS Presenter: Barbara Grossman, Code Enforcement Manager Attachments: 1. Resolution Background: On February 20, 2024, City Council adopted Ordinance 2024-09 amending the Unified Land Development Code Section 4.01, Subsection 4.01.05, to provide a process for Floating Vessel Platform Registration. The Ordinance requires a registration fee to be paid when the application for registration of a floating vessel platform is submitted to the City. The registration fee to be charged shall cover the costs incurred by the City of Palm Coast in processing the registration application. Staff recommends a $50.00 registration fee per floating vessel platform, as may be amended from time to time. Recommended Action: ADOPT RESOLUTION 2024-XX CREATING A REGISTRATION FEE FOR FLOATING VESSEL PLATFORMS 108 City of Palm Coast, Florida Agenda Item Agenda Date: March 5, 2024 Department CONSTRUCTION MANAGEMENT Amount $1,050,000.00 & ENGINEERING Division ENGINEERING Account # 21055011-034000- 54104 Subject: RESOLUTION 2024-XX APPROVING A PIGGYBACK CONTRACT WITH HERNANDO COUNTY, FLORIDA, AND ASPHALT PAVING SYSTEMS, INC., AND EXPENSES RELATED TO GLOBAL TREATMENT SERVICES Presenter: Carl Cote, Director of Stormwater & Engineering Attachments: 1. Resolution 2. Engagement Letter 3. Proposal Background: Council Priority: D. Sustainable Environment and Infrastructure UPDATED BACKGROUND FROM THE FEBRUARY 13, 2024, WORKSHOP MEETING: City staff presented the topic at the February 13, 2024, Workshop Meeting. No changes have been made to the item. ORIGINAL BACKGROUND FROM THE FEBRUARY 13, 2024, WORKSHOP MEETING: City staff and Transmap have put together a 5-Year Pavement Management Plan based on direction from City Council to only utilize current funding sources; no new funding source was approved to provide the necessary funding shortfall in the pavement management program. Staff will incorporate the use of global treatments to reduce the current $10 million-dollar annual funding shortfall. With these factors, the recommendation for Arterial and collector roadways is to utilize milling and resurfacing only with full-depth repair where needed with a budget to maintain a 73 PCI over the upcoming 5-year outlook. For Local Residential Roadways, the plan would introduce global treatments with any surplus funds from maintaining the arterial network utilizing global treatments where possible. Staff is recommending piggybacking the Hernando County, Florida contract (#23- T00029/AP) with Asphalt Paving Systems, Inc. through May 9, 2026, for global treatment services. 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. This item is to approve a piggyback contract with Hernando County, Florida, and Asphalt Paving Systems, Inc., and expenses in the amount of $955,210 to provide global treatment services. Staff also recommends the approval of a contingency of $94,790 for a total amount of $1,050,000. Funds for this project are budgeted for out of the Street Improvement fund. 111 Source of Funds Worksheet FY24 Streets Improvement Fund – Street Resurfacing Project 21055011-034000-54104 $6,580,000.00 Total Expended/Encumbered to Date $2,192,355.93 Pending Work Orders/Contracts $0.00 Current (WO/contract) $1,050,000.00 Balance $3,337,644.07 ORIGINAL BACKGROUND: In order to be more efficient with the limited funding available and ongoing needs (1,126 lane miles), the city sought professional engineering services for the implementation of a pavement management program. This program is designed to preserve and extend the useful life of paved surfaces throughout the City and optimize the available funds to meet the network condition needs. With careful planning and diligent effort, highest performance standards are maintained while reducing the overall long-term costs of managing the network pavement system. On August 1, 2017, City Council approved a contract with Transmap Corporation to assist in the development of a Network Pavement Management System. The general objective was for the consultant to collect pavement data by way of a digital survey and to create a Pavement Condition Index (PCI) for each city-maintained roadway. The PCI allows the City to determine a pavement condition standard and plan for maintaining all roadways. Given the persistent shortage of funds for maintaining these street systems, the preservation and stewardship of existing roads have become major activities for all levels of government. An excellent way of maximizing the return on investment for the money that exists for road maintenance is to implement a Pavement Management System. Pavement management is a systematic approach to extending the life of a pavement network. More specifically, it is the process of planning, budgeting, funding, designing, constructing, monitoring, evaluating, maintaining, and rehabilitating the pavement network to provide maximum benefits with available funds. A Pavement Management System provides tools and methods for finding and implementing the best Maintenance & Rehabilitation (M&R) strategies. Repairing streets when they are still in fair condition ultimately cost less over their lifetime than waiting to fix roads that have fallen into poor condition. In other words, the proactive approach of routine pavement management means less money wasted on frequent roadway reconstruction and a potential savings of millions of dollars. On August 28, 2018, City Council was presented with the findings of the Final Pavement Management Report. Those findings determined time Arterial and Collector roadways had a PCI average of 83 and Local roadways had a PCI average of 78. In order to maintain the current level of service, and existing PCI average, additional funding was requested however it was not approved by City Council. In order to provide a more accurate forecast and better performance model for roadway maintenance, it is recommended to have the roadways digitally surveyed every 4 to 5 years. On August 17, 2021, City Council approved a Work Order with Transmap Corporation to conduct a survey and to provide a report and updated forecast for the city’s pavement management program comparing project revenue as well as recommended funding needed 112 to maintain the current roadway system condition for arterial and residential roads. This item is a presentation to present City Council with the findings and funding needs based upon the updated survey that was completed with proposed new revenue options to provide the necessary funding. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A PIGGYBACK CONTRACT WITH HERNANDO COUNTY, FLORIDA, AND ASPHALT PAVING SYSTEMS, INC., AND EXPENSES RELATED TO GLOBAL TREATMENT SERVICES 113 City of Palm Coast, Florida Agenda Item Agenda Date: March 5, 2024 Department CONSTRUCTION MANAGEMENT Amount $1,353,897.50 & ENGINEERING Division ENGINEERING Funding Grant and Stormwater Capital Subject: RESOLUTION 2024-XX APPROVING A GRANT AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, A CONTRACT WITH S.E. CLINE CONSTRUCTION, INC., APPROVAL OF CONSTRUCTION ENGINEERING INSPECTION SERVICES, AND A PROJECT CONTINGENCY FOR THE P-1 WEIR REPLACEMENT Presenter: Carmelo Morales, Stormwater Engineer III Attachments: 1. Resolution 2. Grant Agreement 3. Draft Contract 4. Notice of Intent to Award 5. Project Overview 6. Work Order/Proposal Background: Council Priority: D. Sustainable Environment and Infrastructure Staff recommend the replacement of the P-1 weir control structure. This replacement will alleviate the problems of the old system, improve water quality, and provide flood protection to the residential neighborhoods connected to the drainage system. It will also address the existing erosion issues and retrofit existing storm infrastructure to work with the new design. The scope associated with this project includes the demolition of an existing fabriform weir structure (P-1) and gates, erosion control along the canal side banks and construction of a new control structure in approximately the same location along the Pine Grove Waterway in accordance with the attached set of construction plans. The weir to be replaced is located just east of Belle Terre Pkwy south the intersection of Belle Terre and White View Parkway. The purpose of this project is to address the On January 5, 2024, staff advertised Bid (ITB-SWE-24-16) for the P-1 Weir Replacement Project. Staff received two (2) bids that were responsive and responsible. The project bid overview and notice of intent to award are attached. Staff recommends awarding the contract to the low bidder, S.E. Cline Construction, Inc., in the amount of $1,157,325.00. The Notice of Intent to Award and Project Bid Overview are attached. Under the existing contract (RFSQ-SWE-23-32) with DRMP, Inc., staff negotiated a scope and fee for construction engineering services in a not-to-exceed amount of $80,840.00. City 232 staff has determined 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. This item is to approve a contract with S.E. Cline Construction, Inc., in the amount of $1,157,325.00, construction engineering services with DRMP, Inc., in the amount of $80,840.00, and a 10% project contingency of $115,732.50 for a total project cost of $1,353,897.50. Staff is also requesting approval of a grant agreement with the Department of Environmental Protection (LPA0607) in the amount of $1,250,000.00 for contractual services and equipment for the replacement of the P-1 Weir Structure. The grant funds for this project are budgeted in 54200000-334365-99043. Funds for this project are budgeted out of the Fiscal Year 2024 Capital Improvement Budget. Source of Funds Worksheet FY 24 Stormwater Engineering Weir Replacement P-1 54205509-063000-99043 $1,500,000.00 Total Expended/Encumbered to date $1,190.00 Pending Work Orders/Contracts $1,353,897.50 Balance $144,912.50 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A GRANT AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, A CONTRACT WITH S.E. CLINE CONSTRUCTION, INC., APPROVAL OF CONSTRUCTION ENGINEERING INSPECTION SERVICES, AND A PROJECT CONTINGENCY FOR THE P-1 WEIR REPLACEMENT 233 City of Palm Coast, Florida Agenda Item Agenda Date: March 5, 2024 Department FINANCIAL SERVICES/HUMAN Amount NOT TO EXCEED RESOURCES $40,000 Division Account # 10012200 031000 Subject: RESOLUTION 2024-XX APPROVING AN ADDITIONAL WORK ORDER WITH GABRIEL, ROEDER, SMITH & COMPANY FOR ACTUARIAL SERVICES IN AN AMOUNT NOT TO EXCEED $40,000 Presenter: Helena Alves, Director of Financial Services and Renina Fuller, Director of Human Resources Attachments: 1. Resolution 2. Proposal Background: In the International Association of Fire Fighters (IAFF) Collective Bargaining agreement for 2021 – 2024, Article 23, Retirement, the city agreed to research the estimated cost of transitioning from the current 401(a) Defined Contribution Plan to the Chapter 175 State Retirement Program Defined Benefit Plan. On January 20, 2022, the City posted an RFQ for an actuarial study not to exceed $50,000. In May 2022, the City engaged GRS Consulting to conduct the study. The study was completed and presented to the City Manager in June 2023. During negotiations, the IAFF union requested various calculation changes. On September 5, 2023, Council approved a resolution for additional services not to exceed $25,000. Due to the labor union declaring an impasse, and in preparation for the upcoming public hearing, we are seeking additional information from GRS Consulting. 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), we are seeking Council approval for additional services from GRS Consulting not to exceed $40,000. The additional actuarial services to be provided by Gabriel, Roeder, Smith and Company meet the sole source purchasing requirements as the services needed will utilize the initial actuarial study completed to update and recalculate some of the initial assumptions provided by Gabriel, Roeder, Smith and Company. Given the foregoing, this purchase must be sole sourced to GRS Consulting as these are updated calculations needed based on current negotiations. 294 Source of Funds Worksheet FY 2024 General Fund - Attorney 10012200 031000 $676,559.00 Contingency Transfer $40,000.00 Total Expended/Encumbered to Date $676,559.00 Pending Work Orders/Contracts $0.00 Current (WO/Contrat) $40,000.00 Balance $0.00 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A WORK ORDER WITH GABRIEL, ROEDER, SMITH & COMPANY FOR ACTUARIAL SERVICES IN AN AMOUNT NOT TO EXCEED $40,000 295

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