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City Council Business Meeting

Regular Meeting

Palm Coast, FL · July 16, 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, July 16, 2024 9:00 AM City Hall - Community Wing City Staff Lauren Johnston, Acting City Manager Marcus Duffy, 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: City of Palm Coast Created on 7/29/24 6 (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. Cathy Saris wanted to bring awareness to the Flagler Humane Society and recent termination of volunteers, euthinization of pets, and requested action be taken. Robert MacDonald discussed historical speeches, prior budget presentations, provided recommendations, and discussed the history of City Managers in the City. Frank Picker discussed a recent garage sale and signage, recited sections of the Constitution, construction in the E-Section, and evacuation plans. Jefferey Seib discussed the recent 2050 Comprehensive Plan discussion, wetland management, importance of wetlands, and requested changes to the wetland management section. Mayor Alfin recommended that the speaker coordinate with Mr. DeLorenzo. Steve Carr discussed comments on Next Door related to growth, protecting current residents, and asked Council to protect residential neighborhoods. Ed Fuller shared congratulations on the reopening of the splash pad at Holland Park, asked everyone to visit the splash pad, discussed needs of the community, and enhancing the quality of life. Mayor Alfin asked Ms. Johnston to follow up on the comments from Ms. Saris. City of Palm Coast Created on 7/29/24 7 Mayor Alfin discussed recent national political events and community collaboration. E. MINUTES 1. MINUTES OF THE CITY COUNCIL: JULY 2, 2024, BUSINESS MEETING JULY 9, 2024, WORKSHOP MEETING Motion by Vice Mayor Danko, seconded by Council Member Klufas, to approve the minutes of the July 2, 2024, Business Meeting. Council Member Pontieri requested to amend the July 2, 2024, Business Meeting Minutes to include the details of the amended motion for item G4 of the agenda, A Proposed Amendment to the Charter of the City of Palm Coast. The motion and second were withdrawn. Pass Motion made to approve the July 2, 2024, Business Meeting Minutes as amended 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 Pass Motion made to approve the July 9, 2024, Workshop Meeting Minutes 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 F. ORDINANCES SECOND READ 2. ORDINANCE 2024-13 A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF PALM COAST AMENDING ARTICLE VI, BUDGET AND APPROPRIATIONS TO DELETE FROM OUTDATED PROVISION RELATING TO LIMITATIONS TO COUNCIL’S CONTRACTING AUTHORITY WHICH SHALL BE CONSIDERED BY BALLOT Attorney Duffy read the title into the record. Vice Mayor Danko asked Attorney Duffy to read the ballot language into the record. Vice Mayor Danko shared that he was not sure how the item relates to an emergency, that the language does not tell an individual what they are voting for, and found the language confusing. City of Palm Coast Created on 7/29/24 8 Mayor Alfin asked Vice Mayor for any requested changes. Vice Mayor Danko suggested to remove the word “emergency.” Mayor Alfin discussed emergency services and the magnitude of an emergency. Council Member Klufas asked who the contracting authority is for emergencies. Ms. Johnston provided a response. City Council held lengthy discussion on national disasters, emergencies, and support from FEMA and the State of Florida. Council Member Pontieri believed that the word “emergency” should be included and discussed budget, inflation, and provided a suggestion to remove the word “bond.” City Council held discussion on funding and bonds. Attorney Blocker provided details of the item for consideration, limitations, challenges with FEMA, and encouraged flexibility. Mayor Alfin asked if this can be described as another form of home rule. Attorney Blocker responded yes and that the item allows the City more local control. Mayor Alfin shared that as previously discussed by City Council, there will be a robust education campaign for voters on the topic. City Council held lengthy discussion on the ballot language. Public Comment: Mike Norris was not in favor of the Ordinance and provided a recommendation. Mayor Alfin wanted all Council Members to be aware of the timeline, education component, City staff availability for public questions on the topic, transparency, communication, and education. Council Member Pontieri discussed constraints for future councils and recommended potential policy changes in an effort to ensure transparency and Council accountability. Mayor Alfin asked Ms. Alves if the current policies protect the City financially. Helena Alves, Financial Services Director, discussed the policies as set by Council and provided the process for adjusting the policy. City of Palm Coast Created on 7/29/24 9 Mayor Alfin asked Ms. Johnston to schedule a policy discussion at a future workshop as discussed and found it helpful to include in the educational component. Vice Mayor Danko asked if this allows Council, including any future Council, to borrow freely. Mayor Alfin responded that there will still be policies and requirements in place. Council Member Klufas encouraged discussion on potential nefarious acts and how this action can be exploited. Council Member Pontieri agreed with the comments of Council Member Klufas and sought details of the current policy. Attorney Blocker read the title into the record. Council Member Pontieri provided revised ballot language. Attorney Blocker read the amended title into the record: Shall Article VI of the Charter be amended by removing provision (3)(e) related to fiscal Contracting Authority that limits the City’s ability to enter into public private partnerships, have the ability to address growth by having future residents contribute to infrastructure costs, respond to emergencies and use available financial instruments including, but not limited to, bonds. Pass Motion made to be adopted as amended on second reading by Council Member Pontieri and seconded by Council Member Heighter Council Member Klufas shared comments on the ballot language and educational components. Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter G. ORDINANCES FIRST READ 3. ORDINANCE 2024-XX VOLUNTARY ANNEXATION OF APPROXIMATELY 31.680 ACRES OF PROPERTY OWNED BY BJ'S WHOLESALE CLUB, INC., AND SEMINOLE WOODS INVESTMENTS, LLC Attorney Duffy read the title into the record. Phong Nguyen, Senior Planner, presented the topic to Council. City Council held discussion on the City’s requirement to provide utility services and the commercial zoning of the property. Public Comment: City of Palm Coast Created on 7/29/24 10 There were none. Mayor Alfin asked applicant representatives if they can provide an idea of when the first customer might enter. Jay Livingston, on behalf of the applicant, discussed the project, zoning, receiving utilities, traffic lights, and target open dates. Mayor Alfin asked Ms. Johnston if she is in regular communication with the Sheriff and any other organization that will have some responsibility for what will become a significant addition to the community. Ms. Johnston responded yes that the collaboration continues. 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 H. APPOINTMENTS 4. APPOINT AN ALTERNATE MEMBER TO THE RESIDENTIAL DRAINAGE CITIZENS ADVISORY COMMITTEE Pass Motion made to appoint Jessica Vorhees as an alternate member to the Residential Drainage Citizens Advisory Committee by Council Member Klufas 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 I. RESOLUTIONS 5. RESOLUTION 2023-107 SETTING A PROPOSED MAXIMUM MILLAGE (TRIM) RATE AND SETTING THE FIRST (TENTATIVE) BUDGET HEARING DATE, TIME, AND LOCATION FOR THE FISCAL YEAR 2024 BUDGET Attorney Duffy read the title into the record. Ms. Alves, Director of Financial Services, and Raelene Bowman, Budget Coordinator, presented the topic. Topics presented included: presentation overview, TRIM process timeline, millage rate and property tax history, general fund revenue and expenditures, construction management and engineering, public safety, community development summary, streets maintenance, non- departmental, millage rate options, and where to find additional details. City of Palm Coast Created on 7/29/24 11 City Council held discussion on the following topics: unfunded positions, details of a City safety specilist and potential savings, reflection of cost savings as a performance metric, risk on investments, goal to set the expectation, Council responsibility to set policy, funding the set policies, available positions, recommendation for staff to provide updates on ROI for positions, special service deputies, impact fees for public safety costs, procedure for communication, future discussion on short-term rentals and potential budgetary impacts, need for a dedicated fund for cultural arts, interaction between Cultural Arts staff members and Flagler County Cultural Council, fund details related to EV grants and cost savings, job function of a proposed Cultural Art position, timeline for budget approval, Parks & Recreation unfunded equipment and support for funding, and increase in personnel services for health insurance cost increases. Council Member Pontieri suggested a reduction to the $1.362 million by $87,000 and to get the $87,000 from the impact fees that are currently held by the County. City Council held discussion on the suggestion and provided consensus. Ms. Alves and Ms. Johnston provided response to Council questions. Ms. Johnston reiterated the items to come back to City Council at a future workshop including a budget as requested by City Council during the meeting and a full proposal to provide details of the requested position and programs. Council Member Pontieri asked when the budget is voted on by City Council. Ms. Johnston shared that the maximum millage rate will be set in today’s meeting and that the first public hearing for the budget is September 5, 2024. Motion by Vice Mayor Danko to set the maximum millage rate at 3.9961 full rollback rate. The motion was seconded by Council Member Pontieri for discussion. City Council held lengthy discussion on the motion, funds, expenditures, and items to consider. Public Comment: There were none. Vice Mayor Danko provided a response to the comments of Council Member Heighter. Mayor Alfin provided clarifying details of the process. City Council held lengthy discussion on raising taxes. Council Member Heighter requested for staff to provide details to City Council outlining the effects of going to a full rollback. City Council provided a consensus. City of Palm Coast Created on 7/29/24 12 Council Member Pontieri believed that a couple of options should be presented by staff. Vice Mayor Danko asked what the reserve fund is currently. Ms. Alves responded $20.7 million. Discussion was held on the reserve fund, accrual of the reserve fund monies, and transfer of reserve fund money to the Fire Impact Fee for the construction of the Fire Stations that are currently unfunded. Council Member Pontieri requested to have the information shared by Ms. Alves as part of the information that will be coming forward to City Council at a future meeting. Discussion was held on the budget timeline and process. Council Member Pontieri suggested that the information requested be provided to Council during an August workshop. Council Member Pontieri withdrew her second of the motion. The motion died for lack of a second. Motion made to approve a maximum millage rate of 4.2154 and suggested funding of a Code Officer, IT Programmer, and Equipment Operator, by Council Member Pontieri and seconded by Council Member Klufas. Public Comment: There were none. Council Member Heighter sought to clarify the positions that would be funded. Ms. Johnston provided a response. Pass Motion made to approve a maximum millage rate of 4.2154, by Council Member Pontieri and seconded by Council Member Klufas Approved - 4 - Mayor David Alfin, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter Denied - 1 - Vice Mayor Ed Danko 6. RESOLUTION 2024-101 APPROVING THE NUISANCE ABATEMENT INITIAL ASSESSMENT Attorney Duffy read the title into the record. Barbara Grossman, Code Enforcement Manager, provided a background of the item. City of Palm Coast Created on 7/29/24 13 Council Member Heighter departed the meeting at 11:41 a.m. Public Comment: There were none. Pass Motion made to approve by Council Member Pontieri and seconded by Vice Mayor Danko Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri 7. RESOLUTION 2024-108 APPROVING A MASTER SERVICES AGREEMENT WITH GRAYROBINSON FOR CODE BOARD ATTORNEY SERVICES Attorney Duffy read the title into the record. Virginia Smith, Land Management Administrator, presented the topic to Council. Topics presented included: Council request, current rates and costs, negotiated rates, and a recommendation. City Council held discussion on the attorney location and hourly rate. Public Comment: There were none. Pass Motion made to approve by Council Member Pontieri and seconded by Vice Mayor Danko Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri 8. RESOLUTION 2024-106 APPROVING A REAL ESTATE EXCHANGE AGREEMENT WITH PALM COAST FUTURE INVESTMENTS, LLC. FOR LAND TO CONSTRUCT FIRE STATION 26 Attorney Duffy read the title into the record. Fire Chief Berryhill presented the topic to City Council. Public Comment: There were none. Pass Motion made to approve by Vice Mayor Danko and seconded by Council Member Klufas City of Palm Coast Created on 7/29/24 14 Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri 9. RESOLUTION 2024-105 APPROVING A MASTER SERVICES AGREEMENT WITH WRIGHT-PIERCE FOR WATER TREATMENT FACILITY NO. 3 EXPANSION DESIGN Attorney Duffy read the title into the record. Alex Blake, Utility Engineer III, opened the item. Peter Roussell, Deputy Director of Utility, presented the topic to Council. Topics presented included: location, plant rating, Palm Coast service area, water production increase, and expansion design costs. Dennis Davis, Project Engineer with Wright-Pierce, was available for questions. City Council held discussion on the following topics: brackish water initiative, unique characteristics associated with geographical locations, expertise of Wright-Pierce, appreciation for seeking grant opportunities, potential to utilize impact fees, areas serviced by the project, breakdown of meters installed, and hope that the study would include new technologies. Mr. Davis provided the qualifications of Wright-Pierce. Mr. Roussell, Mr. Blake, and Ms. Rees, Utility Director, provided a response to Council questions. Public Comment: There were none. Pass Motion made to approve by Vice Mayor Danko and seconded by Council Member Pontieri Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri J. CONSENT Public Comment: There were none. 10. RESOLUTION 2024-98 APPROVING A WORK ORDER WITH CPH, INC., FOR ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION OF THE A1A FORCEMAIN EXTENSION, PHASE II - MALA COMPRA RD., TO MARINELAND PROJECT City of Palm Coast Created on 7/29/24 15 11. RESOLUTION 2024-96 APPROVING A CONTRACT WITH THE NEW FLORIDA INDUSTRIAL ELECTRIC, INC., FOR THE SPAN WIRE REFURBISHMENT PROJECT 12. RESOLUTION 2024-104 APPROVING A CONTRACT WITH MIE, INC., AND A PROJECT CONTINGENCY FOR THE CITY HALL DATA CENTER PROJECT 13. RESOLUTION 2024-103 APPROVING MASTER SERVICE AGREEMENTS WITH MULTIPLE FIRMS FOR PROFESSIONAL UTILITY ENGINEERING SERVICES 14. RESOLUTION 2024-102 APPROVING A WORK ORDER WITH MCKIM & CREED, INC., FOR ENGINEERING SERVICES TO UPGRADE PS 57-4 FROM A DUPLEX TO A TRIPLEX PUMP STATION PROJECT 15. RESOLUTION 2024-95 APPROVING A MASTER SERVICES AGREEMENT WITH PBM CONSTRUCTORS FOR AERATION SYSTEM INSTALLATION 16. RESOLUTION 2024-100 APPROVING A MASTER PRICE AGREEMENT WITH MERRELL BROS., INC., FOR WASTEWATER RESIDUALS MANAGEMENT SERVICES 17. RESOLUTION 2024-99 APPROVING A MASTER PRICE AGREEMENT WITH ALPHA GENERAL SERVICES, LLC FOR REPLACEMENT PEP PUMPS 18. RESOLUTION 2024-97 APPROVING PIGGYBACKING THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) APPROVED PRODUCT LIST (APL) CONTRACT #DOT-ITB-24-9098-SJ WITH CONTROL TECHNOLOGIES, INC., TEMPLE, INC., AND CUBIC ITS, INC., FOR THE PURCHASE OF TRAFFIC EQUIPMENT Pass Motion made to to be adopted on consent 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 Theresa Pontieri K. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. George Mayo shared about arts councils and safety, Council policies and procedures, vacant lot mowing, and audio issues during prior meetings. Mayor Alfin asked Ms. Johnston to alert City Council of audio streaming issues. L. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA Vice Mayor Danko thanked residents for attending a rally for President Trump. City of Palm Coast Created on 7/29/24 16 Council Member Pontieri thanked City Council for the discussion and encouraged Council to remain respectful, focus on policy, and to go forward in the goal of governing. Mayor Alfin agreed and stated that decorum is a foundational pillar of what Council will accomplish and to earn the respect of the public. M. DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA There were no comments. N. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA Ms. Johnston provided a reminder that the workshop next week will be lengthy. Mayor Alfin shared that he would ask City Council at the beginning of the next meeting what break times work for them. Council Member Klufas encouraged abbreviated Director attendance for the lengthy meetings. Mayor Alfin responded that the decision can be left with the City Manager. 19. REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR JUNE 2024 Ms. Johnston highlighted the emergency and sole source purchases. There were no questions. O. ADJOURNMENT The meeting was adjourned at 12:25 p.m. Respectfully submitted by: Kaley Cook, CMC, FCRM City Clerk City of Palm Coast Created on 7/29/24 17

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, July 16, 2024 9:00 AM City Hall - Community Wing City Staff Lauren Johnston, Acting City Manager Marcus Duffy, 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, there may be discussion by the City Council. City of Palm Coast 1 (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: JULY 2, 2024, BUSINESS MEETING JULY 9, 2024, WORKSHOP MEETING F. ORDINANCES SECOND READ 2. ORDINANCE 2024-XX A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF PALM COAST AMENDING ARTICLE VI, BUDGET AND APPROPRIATIONS TO DELETE FROM OUTDATED PROVISION RELATING TO LIMITATIONS TO COUNCIL’S CONTRACTING AUTHORITY WHICH SHALL BE CONSIDERED BY BALLOT G. ORDINANCES FIRST READ 3. ORDINANCE 2024-XX VOLUNTARY ANNEXATION OF APPROXIMATELY 31.680 ACRES OF PROPERTY OWNED BY BJ'S WHOLESALE CLUB, INC., AND SEMINOLE WOODS INVESTMENTS, LLC H. APPOINTMENTS 4. APPOINT AN ALTERNATE MEMBER TO THE RESIDENTIAL DRAINAGE CITIZENS ADVISORY COMMITTEE City of Palm Coast 2 I. RESOLUTIONS 5. RESOLUTION 2023-XX SETTING A PROPOSED MAXIMUM MILLAGE (TRIM) RATE AND SETTING THE FIRST (TENTATIVE) BUDGET HEARING DATE, TIME, AND LOCATION FOR THE FISCAL YEAR 2024 BUDGET 6. RESOLUTION 2024-XX APPROVING THE NUISANCE ABATEMENT INITIAL ASSESSMENT 7. RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH GRAYROBINSON FOR CODE BOARD ATTORNEY SERVICES 8. RESOLUTION 2024-XX APPROVING A REAL ESTATE EXCHANGE AGREEMENT WITH PALM COAST FUTURE INVESTMENTS, LLC. FOR LAND TO CONSTRUCT FIRE STATION 26 9. RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH WRIGHT-PIERCE FOR WATER TREATMENT FACILITY NO. 3 EXPANSION DESIGN J. CONSENT 10. RESOLUTION 2024-XX APPROVING A WORK ORDER WITH CPH, INC., FOR ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION OF THE A1A FORCEMAIN EXTENSION, PHASE II - MALA COMPRA RD., TO MARINELAND PROJECT 11. RESOLUTION 2024-XX APPROVING A CONTRACT WITH THE NEW FLORIDA INDUSTRIAL ELECTRIC, INC., FOR THE SPAN WIRE REFURBISHMENT PROJECT 12. RESOLUTION 2024-XX APPROVING A CONTRACT WITH MIE, INC., AND A PROJECT CONTINGENCY FOR THE CITY HALL DATA CENTER PROJECT 13. RESOLUTION 2024-XX APPROVING MASTER SERVICE AGREEMENTS WITH MULTIPLE FIRMS FOR PROFESSIONAL UTILITY ENGINEERING SERVICES 14. RESOLUTION 2024-XX APPROVING A WORK ORDER WITH MCKIM & CREED, INC., FOR ENGINEERING SERVICES TO UPGRADE PS 57-4 FROM A DUPLEX TO A TRIPLEX PUMP STATION PROJECT 15. RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH PBM CONSTRUCTORS FOR AERATION SYSTEM INSTALLATION 16. RESOLUTION 2024-XX APPROVING A MASTER PRICE AGREEMENT WITH MERRELL BROS., INC., FOR WASTEWATER RESIDUALS MANAGEMENT SERVICES 17. RESOLUTION 2024-XX APPROVING A MASTER PRICE AGREEMENT WITH City of Palm Coast 3 ALPHA GENERAL SERVICES, LLC FOR REPLACEMENT PEP PUMPS 18. RESOLUTION 2024-XX APPROVING PIGGYBACKING THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) APPROVED PRODUCT LIST (APL) CONTRACT #DOT-ITB-24-9098-SJ WITH CONTROL TECHNOLOGIES, INC., TEMPLE, INC., AND CUBIC ITS, INC., FOR THE PURCHASE OF TRAFFIC EQUIPMENT 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 19. REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR JUNE 2024 O. ADJOURNMENT 20. AGENDA WORKSHEET AND CALENDAR City of Palm Coast 4 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: MINUTES OF THE CITY COUNCIL: JULY 2, 2024, BUSINESS MEETING JULY 9, 2024, WORKSHOP MEETING Presenter: Kaley Cook, City Clerk Attachments: 1. Minutes (2) Background: Recommended Action: APPROVE MINUTES OF THE CITY COUNCIL: JULY 2, 2024, BUSINESS MEETING JULY 9, 2024, WORKSHOP MEETING 5 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: ORDINANCE 2024-XX A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF PALM COAST AMENDING ARTICLE VI, BUDGET AND APPROPRIATIONS TO DELETE FROM OUTDATED PROVISION RELATING TO LIMITATIONS TO COUNCIL’S FISCAL CONTRACTING AUTHORITY WHICH SHALL BE CONSIDERED BY BALLOT Presenter: Lauren Johnston, Acting City Manager Attachments: 1. Ordinance Background: UPDATED BACKGROUND FROM THE JULY 2, 2024, BUSINESS MEETING: At the July 2, 2024, Business Meeting, City Council approved the first reading of the Ordinance, with amended language for the second reading. The Ordinance has been updated and is attached to this item. ORIGINAL BACKGROUND FROM THE JULY 2, 2024, BUSINESS MEETING: At the June 25, 2024, Special Workshop Meeting, City Council requested an Ordinance be brought forward amending the Charter of the City of Palm Coast, Article VI, Budget and Appropriations. The Ordinance is attached as requested. Recommended Action: ADOPT ORDINANCE 2024-XX A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF PALM COAST AMENDING ARTICLE VI, BUDGET AND APPROPRIATIONS TO DELETE FROM OUTDATED PROVISION RELATING TO LIMITATIONS TO COUNCIL’S FISCAL CONTRACTING AUTHORITY WHICH SHALL BE CONSIDERED BY BALLOT 22 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: ORDINANCE 2024-XX VOLUNTARY ANNEXATION OF APPROXIMATELY 31.680 ACRES OF PROPERTY OWNED BY BJ'S WHOLESALE CLUB, INC., AND SEMINOLE WOODS INVESTMENTS, LLC Presenter: Phong Nguyen, Senior Planner Attachments: 1. Presentation 2. Ordinance 3. Petition To Annex 4. Site Map 5. Business Impact Estimate Background: In February 2024, Property Owners, BJ’s Wholesale Club, Inc., and Seminole Woods Investments, LLC filed a petition to voluntarily annex real property into the City of Palm Coast municipal boundaries. The subject parcel is approximately 31.680 acres, and is generally located south of the along SR 100 on the southside and west of Seminole Woods Boulevard. 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 utility service from the City. Recommended Action: ADOPT ORDINANCE 2024-XX VOLUNTARY ANNEXATION OF APPROXIMATELY 31.680 ACRES OF PROPERTY OWNED BY BJ'S WHOLESALE CLUB, INC., AND SEMINOLE WOODS INVESTMENTS, LLC 27 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: APPOINT AN ALTERNATE MEMBER TO THE RESIDENTIAL DRAINAGE CITIZENS ADVISORY COMMITTEE Presenter: Virginia Smith, Land Management Administrator Attachments: 1. Application Background: In February 2024, City Council created the Residential Drainage Citizens Advisory Committee. Five applications were received, and the five applicants were appointed. In accordance with Resolution 2024-33, the number of committee members could be between 5-9, with two alternates. The City advertised the additional positions for the Committee several times on social media, the City’s website and in the newspaper. The City has received an additional application. Staff recommends City Council appoint the additional applicant as the alternate to the Committee. Recommended Action: APPOINT AN ALTERNATE MEMBER TO THE RESIDENTIAL DRAINAGE CITIZENS ADVISORY COMMITTEE 50 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department FINANCIAL SERVICES Amount Division Account # Subject: RESOLUTION 2024-XX SETTING A PROPOSED MAXIMUM MILLAGE (TRIM) RATE AND SETTING THE FIRST (TENTATIVE) BUDGET HEARING DATE, TIME, AND LOCATION FOR THE FISCAL YEAR 2024 BUDGET Presenter: Helena Alves, Director of Financial Services Attachments: 1. Presentation 2. Resolution Background: UPDATED BACKGROUND FROM THE JULY 9, 2024, WORKSHOP MEETING: City Council received a presentation on this item at the July 9, 2024, Workshop Meeting. There have been no changes made to the item. ORIGINAL BACKGROUND FROM THE JULY 9, 2024, WORKSHOP MEETING: City Council adopted the Fiscal Year 2024 Budget on September 20, 2023, in the amount of $357,748,234 – Resolution 2023-110. At the April 23, 2024, Special Budget Workshop, City Council was presented with the Year- to-Date Budget results for operating department budgets, for Fiscal Year 2024 October through March. On June 11, 2024, City Council was presented with an overview of the revenue restrictions and of the process for adopting the Property Tax (TRIM) rate to prepare the Fiscal Year 2025 TRIM rate in September. On July 9, 2024, City Council was presented the Fiscal Year 2025 General Fund, IT Operations, and Facilities Budget, and an overview of the TRIM rate options. As discussed, staff is proposing a maximum millage rate of 4.2570 mills, which is a 13.66% increase from the rolled-back rate of 3.9961 mills, and the first budget hearing to be held at 5:15 p.m. on Thursday, September 5, 2024, at the Palm Coast City Hall Community Wing, located at 160 Lake Ave, Palm Coast. Local governments must conform to the maximum millage limitation requirements as outlined in Section 200.065(5), F.S. within 35 days of the certification of value, the City of Palm Coast must inform the property appraiser of the current year’s proposed millage rate and the first budget hearing date and location which will be advertised on the Notice of Proposed Property Taxes (TRIM notice) that the property appraiser mails. Director of Financial Services, Helena Alves will be presenting to City Council the Proposed Millage Rate & Proposed General Fund Budget as well as the Facilities and Information Technology Operations Internal Service Funds Budgets for the Fiscal Year 2025. 58 Recommended Action: ADOPT RESOLUTION 2024-XX SETTING A PROPOSED MAXIMUM MILLAGE (TRIM) RATE AND SETTING THE FIRST (TENTATIVE) BUDGET HEARING DATE, TIME, AND LOCATION FOR THE FISCAL YEAR 2025 BUDGET 59 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department COMMUNITY DEVELOPMENT Amount Division CODE ENFORCEMENT Account # Subject: RESOLUTION 2024-XX APPROVING THE NUISANCE ABATEMENT INITIAL ASSESSMENT Presenter: Barbara Grossman, Code Enforcement Manager Attachments: 1. Presentation 2. Resolution 3. Attachments A – C to Resolution Background: UPDATED BACKGROUND FROM THE JULY 9, 2024, WORKSHOP MEETING: City Council received a presentation on this item at the July 9, 2024, Workshop Meeting. There have been no changes made to the item. ORIGINAL BACKGROUND FROM THE JULY 9, 2024, WORKSHOP MEETING: In March 2010, the City adopted Ordinance 2010-03 - Public Nuisance, to provide for the creation of an assessment area and authorize the imposition of Nuisance Abatement Assessments to be included in the annual ad valorem tax bill sent out by the County Tax Collector for properties where the City abated a nuisance. In December 2010, the City adopted Resolution 2010-168 - Non-Ad Valorem Assessments for Nuisance Abatement, signifying the City’s intent to use the uniform method of collecting non-ad valorem special assessments levied within the City in connection with Ordinance 2010-03. Each year the preliminary and final assessment roll needs to be adopted by City Council prior to September 15. This Resolution is intended to adopt a preliminary assessment roll. The final roll will be prepared and brought back to City Council at their August 13, 2024, Workshop and the September 3, 2024, Business Meeting for approval. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING THE NUISANCE ABATEMENT INITIAL ASSESSMENT 80 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department COMMUNITY DEVELOPMENT Amount As Needed Per Approved Budget Division CODE ENFORCEMENT Account # 10013508-034000 Subject: RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH GRAYROBINSON FOR CODE BOARD ATTORNEY SERVICES Presenter: Barbara Grossman, Code Enforcement Manager Attachments: 1. Presentation 2. Resolution 3. Master Services Agreement 4. Notice of Intent to Award 5. Project Overview Background: This is a legislative item. UPDATE FROM THE MAY 21, 2024, BUSINESS MEETING. City Council heard this item at their May 21, 2024, Business Meeting. Council requested staff negotiate the rates and travel rate terms of the contract with GrayRobinson. The current rates for Code Board Attorney services are $225/hour and a flat fee of $150 for travel, which was a professional government rate from the firm. As per Council’s request, staff met with GrayRobinson and negotiated the rates. The negotiated rate remained at $200 per hour for attorney services from GrayRobinson. This is a reduction of $25 per hour from the current contract. The travel rate agreed upon has been set at $300 for a round trip instead of per hour. Although, the current rate for travel is less than the GrayRobinson proposal, the rate is fair and just for the current times. The travel rate was negotiated down from $600 per month to a flat rate of $300 per round trip/month to equal $3,600 per year. In addition to the hourly rates, staff and GrayRobinson agreed there will be no anticipated additional expenses to occur in representing the City of Palm Coast’s Code Enforcement Board. GrayRobinson welcomed an additional Associate Attorney with Code Board attorney experience to their firm, who will assist in the absence of the primary attorney designated. The Litigation rate has been negotiated to be $300 per hour and actual expenses to be reimbursed for each case under litigation for any case not covered by the City’s current insurance carrier, the Florida League of Cities. Staff completed an analysis of the past years code board hearings. It is estimated the hearing hours for the coming year will be approximately 3 hours per month. GrayRobinson has estimated an additional 2 hours per month for review of the cases prior to the hearing. 100 Therefore, an estimate for services from GrayRobinson will be approximately $16,000 per year including travel. ORIGINAL BACKGROUND FROM THE MAY 21, 2024, BUSINESS MEETING In accordance with Section 162.05(5), Fla. Stat., the local governing body attorney shall be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities. The City Attorney was representing the Code Board and issues began to arise in 2015 for staff. Staff required legal assistance. Therefore, in 2015, the City Administration determined since staff works with the City Attorney, it was best to hire an attorney to represent the code board. Since 2015, the City has hired a 3rd party attorney to represent the Code Enforcement Board. For the past several years, the City enjoyed the services of Fishback Dominic to provide the code board services. In January 2024, under the City’s current purchasing policies, City staff advertised for code board attorney services (RFP-CD-24-18). Fishback Dominic did not entertain the bid. However, there were two bids received which were deemed responsive and responsible. The Notice of Intent to Award is attached to this item. Funds for these services have been appropriated in the Fiscal Year 2024 budget and will be expended on an as-needed basis. SOURCE OF FUNDS Code Enforcement Division 10013508-034000 Other Contractual $573,200.00 Total Expended/Encumbered to Date $487,108.12 Pending $5,000.00 Current $7,000.00 Balance $74,091.88 Staff recommends City Council approve a Master Services Agreement with GrayRobinson for Code Board attorney services. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH GRAYROBINSON FOR CODE BOARD ATTORNEY SERVICES 101 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department CONSTRUCTION MANAGEMENT Amount $5,000 & ENGINEERING Division ENGINEERING Account # 21074000 Subject: RESOLUTION 2024-XX APPROVING A REAL ESTATE EXCHANGE AGREEMENT WITH PALM COAST FUTURE INVESTMENTS, LLC. FOR LAND TO CONSTRUCT FIRE STATION 26 Presenter: Eric Gebo, Architect III and Kyle Berryhill, Fire Chief Attachments: 1. Presentation 2. Resolution 3. Draft Agreement Background: Council Priority: B. Safe and Reliable Services City staff is requesting approval of a real estate exchange between Palm Coast Future Investments, LLC. and The City of Palm Coast. The Parcels are approximately 1 mile south of State Highway 100 on the west side of Seminole Woods Boulevard. Parcel ID’s # 17-12- 31-0175-00000-0100 and 17-12-31-0175-00000-0110 are currently owned by Palm Coast Future Investments LLC and will be exchanged by city parcel ID’s 16-12-31-0000-01010- 0040 and 16-12-31-0000-01010-0010. An Easement will be provided on Lot 2 to allow for an access drive off Airport Commons Center Way. The benefits of locating the station on the corner parcel in lieu of the current City owned land are multi-fold. There were extensive environmental conditions on the City owned sites that would have required the station be located far off Seminole Woods Boulevard, not visible from the street. An island cut and additional signal would have been required which would have increased congestion and the possibility of traffic events with two intersections in such close proximity. The alternate site will also have less of environmental impacts which results in significant savings in the Site Development costs. Closing costs are estimated to be $5,000 for the City of Palm Coast. A location map of the Four parcels is attached for Council’s convenience. Funds for this project are budgeted out of the Fiscal 2024 Fire Impact Fund. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A REAL ESTATE EXCHANGE AGREEMENT WITH PALM COAST FUTURE INVESTMENTS, LLC. FOR LAND TO CONSTRUCT FIRE STATION 26 135 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department WATER AND WASTEWATER Amount $985,683.90 UTILITY Division UTILITY Account # 54029088 063000 81040 Subject: RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH WRIGHT-PIERCE FOR WATER TREATMENT FACILITY NO. 3 EXPANSION DESIGN Presenter: Peter Roussell, Utility Deputy Director Attachments: 1. Presentation 2. Resolution 3. Draft Contract 4. Notice of Intend to Award 5. Project Overview 6. Proposal Background: Council Priority: D. Sustainable Environment and Infrastructure The City of Palm Coast Water Treatment Plant #3 requires additional treated capacity to service its existing and developing customer base. The goal of this expansion design project is to increase the raw water supply to be able to produce additional treated capacity and to provide additional water treatment capacity. This design for the expansion must be completed in Fiscal Year 2024 and 2025 to meet the needs of the community. This request includes design of one existing Floridan well and two new Floridan Aquifer groundwater wells proposed under the existing Consumptive Use Permit (CUP). In addition, a new 1.2 MGD Ultra-Low Pressure Reverse Osmosis (RO) train along with the equipment necessary to operate the train is required to be designed to increase treated capacity added to the system from the Floridan Brackish water supply. In accordance with the City’s Purchasing Policy, City staff advertised and solicited bids for Water Treatment Facility No. 3 Expansion Design under RFSQ-SWE-24-32. The Notice of Intent to Award and Project Overview are attached. City staff recommends City Council approves a Master Services Agreement with Wright-Pierce for Water Treatment Facility No. 3 Expansion Design. Funds for this project have been budgeted for out of FY 2024 Utility Capital Projects WTP3 Plant Expansion. 156 SOURCE OF FUNDS WORKSHEET FY 2024 Utility Capital - WTP3 Projects 54029088 063000 81040 $1,500,000.00 Total Expended/Encumbered to Date $0.00 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $985,683.90 Balance $514,316.10 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH WRIGHT-PIERCE FOR WATER TREATMENT FACILITY NO. 3 EXPANSION DESIGN 157 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department CONSTRUCTION MANAGEMENT Amount $718,449.40 & ENGINEERING Division ENGINEERING Account # 54029082-063000- 95005 Subject: RESOLUTION 2024-XX APPROVING A WORK ORDER WITH CPH, INC., FOR ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION OF THE A1A FORCEMAIN EXTENSION, PHASE II - MALA COMPRA RD., TO MARINELAND PROJECT Presenter: Alexander Blake, Engineering III Attachments: 1. Resolution 2. Work Order Proposal Background: Council Priority: B. Safe and Reliable Services The A1A Sanitary Sewer Forcemain Extension is a city reimbursed project from Flagler County based on existing interlocal agreements and County funding sources from the American Rescue Plan Act (ARPA) and Florida Department of Environmental Protection grant. The city is responsible for administering the project design, bidding and construction. The project will provide the primary sewer pipe collection infrastructure within the City’s utility service territory on the north peninsula for future customer connections along the corridor and eventual conversion of septic tank users to municipal sewage collection. The project occurs in two (2) phases. The first phase, which has already been designed and is anticipated to begin construction in late FY 2024, is extension of the City’s existing 12-inch sanitary sewer forcemain from Jungle Hut Rd to Mala Compra Rd, which is approximately 2.3 miles and smaller forcemain sections along Mala Compra Rd, approximately 0.5 miles, to serve the Flagler County Hammock Community Center. The second phase of the project, which is to be designed, will extend the sewer forcemain for approximately 3.3 miles from Mala Compra Rd to south end of Marineland where the city utility service territory ends. City staff recommends retaining CPH, Inc., a continuing services engineering consultant for the city, in order to provide engineering design and construction administration of the A1A Forcemain Extension Project Phase II. Under existing contract (RFSQ-SWE-24-40) staff negotiated a scope and fee not-to-exceed $718,449.40. 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 have been budgeted for out of FY 2024 Utility Wastewater Capital Budget. 224 SOURCE OF FUNDS WORKSHEET WW Line Ext. Hamm - 54029082-063000-95005 $2,783,192.00 Total Expended/Encumbered to Date $69,921.24 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $718,449.40 Balance $1,994,821.36 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A WORK ORDER WITH CPH, INC., FOR ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION OF THE A1A FORCEMAIN EXTENSION, PHASE II - MALA COMPRA RD TO MARINELAND PROJECT 225 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department CONSTRUCTION MANAGEMENT Amount $599,630.56 & ENGINEERING Division ENGINEERING Account # 21055011-063000- 51016 Subject: RESOLUTION 2024-XX APPROVING A CONTRACT WITH THE NEW FLORIDA INDUSTRIAL ELECTRIC, INC., FOR THE SPAN WIRE REFURBISHMENT PROJECT Presenter: Carl Cote, Director of Stormwater & Engineering Attachments: 1. Resolution 2. Draft Contract 3. Notice of Intent to Award 4. Project Overview Background: Council Priority: D. Sustainable Environment and Infrastructure City staff recommend the replacement and refurbishment of four (4) span wire traffic signals within the City of Palm Coast. The project consists of replacement of span wire, overhead traffic signal heads, pedestrian traffic signals and installation of traffic signal controllers at the following locations: Palm Coast Pkwy. WB & Belle Terre Pkwy.; Palm Coast Pkwy. EB & Belle Terre Pkwy.; Palm Coast Pkwy. WB & Pine Cone Dr.; Palm Coast Pkwy. EB & Pine Cone Dr. On January 5, 2024, staff advertised Bid (ITB-SWE-24-08) for the Span Wire Refurbishment Project. Staff received one (1) bid that was responsive and responsible. The project bid overview and notice of intent to award are attached. Staff recommends awarding the contract to the New Florida Industrial Electrical, Inc. in the amount of $599,630.56. The Notice of Intent to Award and Project Overview are attached. Funds for this project are budgeted out of the Street Improvement fund. 277 Source of Funds Worksheet FY 24 Street Improvement Fund - 21055011-063000-51016 $400,000.00 Total Expenses/Encumbered to date $0.00 Pending Work Orders/Contracts $0.00 Current Contract $400,000.00 Balance $0.00 Source of Funds Worksheet FY25 Street Improvement Fund - 21055011-063000-51016 $199,635.00 Total Expenses/Encumbered to date $0.00 Pending Work Orders/Contracts $0.00 Current Contract $199,635.00 Balance $0.00 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A CONTRACT WITH THE NEW FLORIDA INDUSTRIAL ELECTRIC, INC., FOR THE SPAN WIRE REFURBISHMENT PROJECT 278 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department CONSTRUCTION MANAGEMENT Amount $1,227,019.41 & ENGINEERING Division ENGINEERING Account # 43000099-063000- 99055 Subject: RESOLUTION 2024-XX APPROVING A CONTRACT WITH MIE, INC., IT EQUIPMENT AND SERVICES EXPENSES, AND A PROJECT CONTINGENCY FOR THE CITY HALL DATA CENTER PROJECT Presenter: Eric Gebo, Architect III Attachments: 1. Resolution 2. Draft Contract 3. Notice of Intent to Award 4. Project Overview Background: Council Priority: D. Sustainable Environment and Infrastructure When the City vacated the old City Hall at Commerce Boulevard in 2008, a Data Center was quickly constructed at one of the Water Plants and was not intended to be permanent. The current City Hall was constructed with space to host a new Data Center when it opened in 2015, but the Data Center portion was continually delayed to fund other projects. This Data Center hosts the main technology infrastructure that supports the entire City. This project is important as it brings our connections on this side of the city into a more secure environment. Those connections include not only City connections, but also ones that are used by Flagler Schools and support our contractual agreement with them for service and uptime. On May 22, 2024, staff advertised bid (ITB-SWE-24-58) for the City Hall Data Center Project. Staff received three (3) bids that was responsive and responsible. The project bid overview and notice of intent to award are attached. Staff recommends awarding the contract to the MIE, Inc., in the amount of 352,019.41. Staff is also requesting approval of project expenses in a not-to-exceed amount of $825,000 for IT equipment and services, as well as a project contingency in the amount of $50,000 for a total approval amount of $1,227,091.47. Funds for this project are budgeted out of the FY 24 and FY 25 Capital Improvement Fund. 304 Source of Funds Worksheet FY 2024 CIP/Server Room-43000099-063000-99055 $900,000.00 Total Expenses/Encumbered to date $0.00 Pending Work Orders/Contracts $0.00 Current Contract $900,000.00 Balance $0.00 Source of Fund Worksheet FY 2025 CIP/Server Room 43000099-063000-99055 $327,020.00 Total Expenses/Encumbered to date $0.00 Pending Work Orders/Contracts $0.00 Current Contract $327,019.41 Balance $0.59 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A CONTRACT WITH MIE, INC., EXPENSES FOR IT EQUIPMENT & SERVICES, AND A PROJECT CONTINGENCY FOR THE CITY HALL DATA CENTER PROJECT 305 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department CONSTRUCTION Amount As needed MANAGEMENT & ENGINEERING Division ENGINEERING Account # Fund- 5402 Subject: RESOLUTION 2024-XX APPROVING MASTER SERVICE AGREEMENTS WITH MULTIPLE FIRMS FOR PROFESSIONAL UTILITY ENGINEERING SERVICES Presenter: Alexander Blake, Engineer III Attachments: 1. Resolution 2. Draft Contracts (available in the Clerk’s Office for review) 3. Notice of Intent to Award 4. Project Overview Background: Council Priority: B. Safe and Reliable Services The Utility Department utilizes engineering firms to complete studies, plans, permitting and other engineering related functions on a regular basis. The current continuing engineering services contracts are expiring. Staff advertised a Request for Qualifications RFSQ-SWE- 24-12 (RFSQ) for professional utility engineering services, to include but not necessarily be limited to: design of water and wastewater treatment plant improvements, lift stations, pump stations, collection systems, system modeling, design of potable, waste and reclaimed water systems, construction engineering services, preparation of applicable easements, right-of-way acquisition documents, processing of project and consumptive use permits, design services and acquisition of State Revolving Fund loans. In accordance with the City’s Purchasing Policy and Florida Statutes, specifically the Consultants’ Competitive Negotiation Act, City staff received qualification packages from 9 firms, all of which were determined to be responsive and responsible. The qualifications were reviewed, and proposals were evaluated based on their project understanding, experience, project innovation, project team, and location of the firm. After reviewing the qualifications, staff ranked and are recommending contract award to the top seven (7) firms as follows: Firm Name Wright-Pierce, Inc. Freese & Nichols, Inc. McKim & Creed CPH Consulting, LLC Jacobs Engineering, Inc. Four Water Engineering, Inc. Infrastructure Solutions Services 333 City staff will present City Council with work orders for consideration as services are needed and in accordance with the City’s Purchasing Policy. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING MASTER SERVICE AGREEMENTS WITH MULTIPLE FIRMS FOR PROFESSIONAL UTILITY ENGINEERING SERVICES 334 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department CONSTRUCTION Amount $169,523.00 MANAGEMENT & ENGINEERING Division ENGINEERING Account #54029082-063000- 82045 Subject: RESOLUTION 2024-XX APPROVING A WORK ORDER WITH MCKIM & CREED, INC., FOR ENGINEERING SERVICES TO UPGRADE PS 57-4 FROM A DUPLEX TO A TRIPLEX PUMP STATION PROJECT Presenter: Alexander Blake, Engineering III Attachments: 1. Resolution 2. Work Order Proposal Background: Council Priority: D. Sustainable Environment and Infrastructure The City of Palm Coast operates and maintains a sanitary sewer pump station located at the east end of Universal Trail, designated PS 57-4. This pump station handles a significant amount of wastewater flows produced from the Seminole Woods and Grand Landings area and will need to accept additional flows generated from other upcoming developments along the Seminole Woods Blvd corridor and growth in the Seminole Woods area. The pump station currently operates in a duplex configuration (two pumps) and needs to be converted to a higher performance triplex station (three pumps) including upgraded onsite backup generator. Staff negotiated a scope and fee with McKim & Creed, Inc., a continued services provider for the City, in the amount of $169,523 to develop design plans and to provide survey services, bid, and construction administration assistance for the project. City staff is recommending approving a work order with McKim & Creed, Inc., for engineering consulting services for the upgrade of Pump Station (PS) 57-4. Funds for this project are budgeted in the Utility’s 5-year Capital Improvement Plan. Source of Funds Worksheet FY 2024 WW-IMP PS 57-4-54029082-063000-82045 $170,000.00 Total Expended/Encumbered to Date $0.00 Pending Work Orders/Contracts $0.00 Contract (WO/Contract) $169,523.00 Balance $477.00 351 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A WORK ORDER WITH MCKIM & CREED, INC., FOR ENGINEERING SERVICES TO UPGRADE PS 57-4 FROM A DUPLEX TO A TRIPLEX PUMP STATION PROJECT 352 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department WATER AND WASTEWATER Amount $236,250.00 UTILITY Division UTILITY Account # 54029087 063000 84010 Subject: RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH PBM CONSTRUCTORS FOR AERATION SYSTEM INSTALLATION Presenter: Peter Roussell, Utility Deputy Director Attachments: 1. Resolution 2. Draft Contract 3. Notice of Intend to Award 4. Project Overview Background: Council Priority: D. Sustainable Environment and Infrastructure Water Treatment Plant 2 (WTP2) is a 7.584 MGD Nano-filtration facility that utilizes a Zero Liquid Discharge (ZLD) process to convert the concentrate to potable water using lime softening, stabilization, ultra-filtration, and disinfection. The processes of recovering concentrate as potable water started back in 2015 because of a regulation change. Since then, WTP2 staff has worked with multiple engineering firms evaluating methods of process optimization in efforts to enhance water quality and reduce chemical consumption. Staff conducted multiple pilot studies and determined that post aeration (a physical process of removing volatiles) outperformed the chemical method of removing organic precursors. The selected bid for aeration equipment was approved in February 2023. The Purchase Order was issued in August 2023 and the equipment ordered. After extended lead times, the equipment was delivered in May 2024. A bid went out and PBM Construction was selected for plumbing and electrical hookup that is now needed to incorporate this treatment method into the process. In accordance with the City’s Purchasing Policy, City staff advertised and solicited bids for aeration system installation under ITB-UT-24-55. The Notice of Intent to Award and Project Overview are attached. Staff recommends City Council approves a Master Services Agreement with PBM Constructors for aeration system installation. Funds for this project have been budgeted for out of FY 2024 Utility Capital Projects WTP2 Aeration Equipment, including a 5% contingency of $11,250.00 for a total of $236,250.00. 362 SOURCE OF FUNDS WORKSHEET FY 2024 Utility Capital - WTP2 Projects 54029087 063000 84010 $1,134,604.00 Total Expended/Encumbered to Date $898,354.00 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $236,250.00 Balance $0.00 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH PBM CONSTRUCTORS FOR AERATION SYSTEM INSTALLATION 363 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department WATER AND WASTEWATER Amount As Needed Per UTILITY Approved Budget Division WASTEWATER Account # 54019083 034000 54019084 034000 Subject: RESOLUTION 2024-XX APPROVING A MASTER PRICE AGREEMENT WITH MERRELL BROS., INC., FOR WASTEWATER RESIDUALS MANAGEMENT SERVICES Presenter: Danny Ashburn, Wastewater Utility Systems Manager Attachments: 1. Resolution 2. Draft Contract 3. Notice of Intent to Award 4. Project Overview Background: Council Priority: D. Sustainable Environment and Infrastructure The City produces wastewater residuals at Wastewater Treatment Plant 1 and Wastewater Treatment Plant 2. The dewatered residuals to be transported contain a nominal 14-20% dry solids content. It is estimated that 15,000 wet tons will be processed between both plants. Residuals are transported from City facilities to a Florida Department of Environmental Protection (FDEP) approved permitted site and used in processes to create Class AA material suitable for public access. City staff advertised and solicited bids for Wastewater Residuals Management Services with the City’s Purchasing Policy. One bid was received and found to be responsive and responsible. City staff recommends agreeing with the low bidder, Merrell Bros., Inc. at $103.17 per dry ton for an annual cost of $1,547,578.13 for both facilities. The notice of intent to award and project bid overview are attached. City staff will purchase this using budgeted funds appropriated by the City Council. The Fiscal Year 2024 and 2025 Budget includes funding within the Utility Fund to pay for these services. Staff estimate to spend approximately $1,547,578.13 annually under this contract. 389 SOURCE OF FUNDS WORKSHEET FY 2024 WWTP1 OTHER CONTRACTUAL SVCS 54019083 034000 $605,988.00 Total Expended/Encumbered to Date $604,988.61 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $0.00 Balance $999.39 WWTP2 OTHER CONTRACTUAL SVCS 54019084 034000 $221,300.00 Total Expended/Encumbered to Date $195,175.00 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $0.00 Balance $26,125.00 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A MASTER PRICE AGREEMENT WITH MERRELL BROS., INC., FOR WASTEWATER RESIDUALS MANAGEMENT SERVICES 390 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department WATER AND WASTEWATER Amount As Needed Per UTILITY Approved Budget Division WASTEWATER Account # 54029083 063000 85005 Subject: RESOLUTION 2024-XX APPROVING A MASTER PRICE AGREEMENT WITH ALPHA GENERAL SERVICES, INC. FOR REPLACEMENT PEP PUMPS Presenter: James Melley, Utility Systems Manager Attachments: 1. Resolution 2. Master Price Agreement 3. Notice of Intent to Award 4. Project Overview Background: Council Priority: D. Sustainable Environment and Infrastructure The City of Palm Coast Utility Department owns and operates a Pretreatment Effluent Pumping (PEP) System and requested firm pricing for Replacement PEP pumps on an as- needed basis. Alpha General Services, LLC was the low bid at $155.00 or $271.00 depending on the pump on an as-needed basis. We have an expected annual spend of $275,000. In accordance with the City’s Purchasing Policy, City staff advertised and solicited bids (ITB- UT-24-50) for replacement PEP pumps on an as-needed basis. The City received two (2) bids, one of which, was deemed responsive and responsible. The project bid overview and notice of intent to award are attached to this item. Staff recommends approving a master price agreement with Alpha General Services, LLC, with an annual cost of $275,000.00 as bided. City staff will purchase items on an as-needed basis using budgeted capital funds by the City Council. Funds are appropriated in the Utility Capital for Renewals and Replacements (R&R). SOURCE OF FUNDS WORKSHEET FY 2024 UTILCAP GENERAL PLANT R&R 54029083 063000 85005 $1,525,000.00 Total Expended/Encumbered to Date $1,321,069.03 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $0.00 Balance $203,930.97 415 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A MASTER PRICE AGREEMENT WITH ALPHA GENERAL SERVICES, INC., FOR REPLACEMENT PEP PUMPS 416 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department PUBLIC WORKS Amount Over $50K Division STREETS Account # 10015011-052000- 50001 Subject: RESOLUTION 2024-XX APPROVING PIGGYBACKING THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) APPROVED PRODUCT LIST (APL) CONTRACT #DOT-ITB-24-9098-SJ WITH CONTROL TECHNOLOGIES, INC., TEMPLE, INC., AND CUBIC ITS, INC., FOR THE PURCHASE OF TRAFFIC EQUIPMENT Presenter: Matthew Mancill, Director of Public Works Attachments: 1. Resolution 2. FDOT Approved Products List The contracts are available in the City Clerk’s Office for review. Background: Council Priority: D. Sustainable Environment and Infrastructure The City of Palm Coast Public Works Sign and Signal division is seeking approval to piggyback the Florida Department of Transportation (FDOT) contract # DOT-ITB-24-9098-SJ for traffic equipment on the Approved Products List (APL) from multiple said vendors. City staff is also requesting that all contracts have a specified contract value of “Over $50K”. Benefits of Piggybacking: Piggybacking this contract will allow the City of Palm Coast to maintain its traffic signs, signals, equipment, and more through:  Preventative Maintenance: Ensuring equipment is serviced regularly to avoid breakdowns.  As-needed Repairs: Promptly addressing any malfunctions or damages to traffic control systems.  Product Upgrades: Keeping traffic control systems up to date with the latest technology. Piggybacking offers the advantage of obtaining better pricing compared to independently soliciting bids. By leveraging the existing contract, the City can continue to receive FDOT approved products while benefiting from competitive pricing and streamlined procurement processes. Contracts Details:  Effective Date (for all vendor contracts): Upon City Council approval through June 439 5, 2026.  Renewal: One renewal option, valid for up to three years.  Pricing: Based on a per unit price basis.  Purchasing: Purchases will be made on an as-needed basis using budgeted funds appropriated by the City Council. This contract will enable City staff to ensure the orderly movement of vehicles, improve safety, reduce travel times, and increase the traffic capacity of the City’s roadways through up-to-par traffic control systems. Funding: The Fiscal Year 2024 budget includes available funding in the Public Works Sign and Signal budget to cover the costs of traffic equipment. City staff estimates that the City will spend over $50,000 annually through all vendors under the piggyback contracts. Below is a breakdown of the monetary source of funds: Source of Funds Worksheet FY 2024 Streets Sign & Signal - Operating Supp & Equip Fund 10015011-052000-50001 $225,500.00 Total Expended/Encumbered to Date $177,789.35 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $17,761.73 Balance $29,948.92 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING PIGGYBACKING THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) APPROVED PRODUCT LIST (APL) CONTRACT #DOT-ITB-24-9098-SJ WITH CONTROL TECHNOLOGIES, INC., TEMPLE, INC., AND CUBIC ITS, INC., FOR THE PURCHASE OF TRAFFIC EQUIPMENT 440 City of Palm Coast, Florida Agenda Item Agenda Date: July 16, 2024 Department FINANCIAL SERVICES Amount Division Account # Subject: REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR JUNE 2024 Presenter: Helena Alves, Director Of Financial Services Attachments: 1. Emergency and Sole Source Purchase Report Background: Attached is a list of all emergency and sole source purchases for the month of June 2024, 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 564

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