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City Council Business Meeting

Regular Meeting

Palm Coast, FL · August 27, 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 Nick Klufas Council Member Theresa Pontieri Tuesday, August 27, 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 PROCLAMATIONS AND PRESENTATIONS 1 DISCUSSION - CITY COUNCIL DISTRICT SEAT 4 VACANCY This item was heard after Item 2 of the agenda. City of Palm Coast Created on 8/29/24 19 Mayor Alfin opened the item. Attorney Duffy explained that staff is seeking direction from City Council for a proposed procedure and timeline. Mayor Alfin asked if an application is available. Ms. Johnston responded that an application is ready and that staff is looking to know when Council would like it to be released. Council Member Pontieri stated that a crucial step has been missed, and that Council needs to determine if they are going the route of appointment and why, from a legal standpoint. Attorney Duffy provided Charter language and an opinion regarding filling the Council vacancy. Mayor Alfin sought clarification on Council Member Pontieri’s question. Council Member Pontieri stated that it is clear that City Council has to make an appointment in 90 days, which is before the new Council is seated, if Council chose to appoint, supported a democratic process, and clarified that her question relates to candidate qualifying to ask if candidates could legally qualify, and if so, if it is practicable. Additionally, Council Member Pontieri discussed the deadline for the Supervisor of Elections, and qualifications or requirements for the candidates. Mayor Alfin summarized the comments to ask if Council were to move forward with an election, if candidates are afforded a legitimate process. Council Member Pontieri agreed, discussed the inability for candidates to qualify for petition at this stage in the election, and shared concern for the Council seat being bought through the payment qualification method. Vice Mayor Danko agreed with Council Member Pontieri that he did not want to see anyone buying the seat, did not believe that candidates would have enough time to campaign, and believed the decision fell on the Council to make the appointment as quickly as possible, providing a recommended timeline of 3 weeks. Mayor Alfin reiterated his earlier question to ask if an application that has been used prior is available, and asked if City Council is okay with it. Ms. Johnston responded that an application is available. Mayor Alfin asked if City Council Members have had a chance to review it. Ms. Johnston responded that the application is the same application that was used for the previous appointment of Mr. Fanelli. City of Palm Coast Created on 8/29/24 20 Mayor Alfin stated that Council is comfortable with the application and asked City Council Members if they would like to suggest a process. Vice Mayor Danko asked how quickly it can be posted to the City’s website. Ms. Johnston responded that the application could be available on the City’s website this afternoon. Council Member Klufas recommended the following schedule: Application to be available today, allow 30 days for submissions, review of qualified candidates at the following business meeting or workshop, with the appointment to occur at the next business meeting. Discussion was held on the process and timeline. Council Member Pontieri recommended the following timeline: Applications to open today, allow 2 weeks to apply (close date of 9/11/2024), special workshop on 9/17/2024, candidate interview on 9/24/2024, and an appointment to be made on 10/1/2024. Council Member Pontieri sought to make this as much as a democratic process as possible. Mayor Alfin agreed with Council Member Pontieri and stated that the appointment will be for two years, plus, with an opportunity to run as an incumbent, which would offer them a chance to run again, potentially being a 10- year seat. Mayor Alfin and Attorney Duffy held discussion on term limits and fulfilling a special term. Council Member Pontieri shared concern for meeting with applicants outside of the Sunshine Laws. Mayor Alfin asked if that was personally, as an individual Council Member. Council Member Pontieri responded yes, shared concerns, and suggested that City Council avoid the appearance of impropriety. Discussion was held on Sunshine Laws and when it applies to a candidate elect. Attorney Duffy responded that without looking at case law, the Sunshine Laws usually apply when an individual is the candidate elect, but that he would research the topic further. Council Member Klufas shared that he has been part of this process 4 prior times, that there have been stellar candidates, and that he does not expect this time to be different. Ms. Johnston clarified the details of the proposed schedule. City of Palm Coast Created on 8/29/24 21 Mayor Alfin asked for the deadline to be included on the application, asked how the application will be available to applicants, asked how the information will be shared, and asked staff to include the district boundaries. Ms. Johnston provided the details as requested. Council Member Pontieri agreed with the importance in sharing the timeline and process with residents. Attorney Duffy provided a response to earlier Council discussion to state that there is not a Sunshine Law that prevents Council from individually meeting with the candidates. Public Comment: Kandie Stevens, shared concern for Mayor Alfin’s comment that someone can move into the district and rent a home to get appointed to the seat, buying the seat, and encouraged the requirement that the candidate be here for a few years. Jeffery Seib discussed the City of Palm Coast is about to embark on an unprecedented journey as we face the unparalleled event of almost a complete turnover of the City Council occurring at one time and encouraged an orderly transfer of authority. Cameron Orr, discussed animal shelters in Florida and in Flagler County, referenced figures he emailed to City Council, details of the Flagler County Humane Society, and shared concerns and recommendations. James Deen discussed a vacant seat which Mr. Fanelli filled and voting against what the residents want. Mr. Deen encouraged additional night meetings, no major votes through the end of this council's term, and encouraged a special election. Stephen Swarner shared his history previously running for a Council seat, his need to step away at that time, and shared his intent to apply to the District Seat 4 vacancy. Celia Pugliese did not agree with an appointment, agreed with the comments of Mr. Seib, and believed that the appointment be temporary until a special election can be conducted. Ms. Pugliese shared that importance in knowing who donates to each candidate, the need for people who represent the residents, and urged Council to do an election. George Mayo was in favor of appointing someone to fill the 2-year term and hoped that it can be done as soon as possible. Mark Webb asked for clarification of the 90-day timeline to know if it starts from the resignation date of August 23, and believed the decision was being taken from the newly elected officials. City of Palm Coast Created on 8/29/24 22 Dennis McDonald was uncomfortable with anything other than an election, encouraged putting the decision off until the new Council takes their seats, discussed prior appointments, and the need to make some big changes to the Council. Ralph Lightfoot, agreed with the comments of Mr. McDonald, was discouraged, and believed that candidates in the runoff should be here to discuss the topic. Mike Norris shared a discussion with Supervisor of Elections, the requirement to follow the Charter, and suggested going to the ballot. Ray Stevens echoed the public comments supporting a special election rather than the appointment, discussed a temporary appointment, and reduced costs if going on a March ballot with the City of Bunnell and the City of Flagler Beach. Mayor asked Attorney Duffy to discuss a potential election process and how much time candidates would have to make their candidacy and platforms known to the residents. Attorney Duffy provided a response to share the Supervisor of Election ballot deadline, reiterated the Charter language, Charter silence on a special election, and timing as a major obstacle. Council Member Pontieri asked for the date of the General Election and shared that the 90-day window is outside of the new Council taking their seat, resulting in the legal inability of the new Council to complete the appointment. Attorney Duffy responded that the statement was correct. Council Member Pontieri shared that she discussed with the City Attorney the potential of adding a special election to the March ballot for the City of Bunnell, which poses a concern for voting locations and voter suppression. Vice Mayor Danko agreed with the concerns shared by Attorney Duffy, discussed costs, inability to conduct a special election, did not support an applicant moving into the district just to get elected, and encouraged an additional night meeting. City Council held discussion on workshop and business meeting schedules and potential implications for staff. Council Member Klufas supported an additional nighttime meeting and encouraged Council to consider the cost and practical implementation. Ms. Johnston confirmed the schedule for applicant interviews and sought consensus to have an additional workshop in the evening. Council Member Pontieri agreed with the 9/24/2024 workshop being held in the evening, was unsure with regular evening workshop meetings, and was amenable to scheduling the one evening workshop and scheduling a future discussion on the topic. City of Palm Coast Created on 8/29/24 23 Discussion was held on the scheduling of the additional workshop to be added monthly. Council Member Pontieri discussed the democratic election process, doing the best thing in alignment with the Charter, and shared concern for allowing the seat to be bought by special interest. Mayor Alfin asked if the City Council has the ability to waive the qualification fee. Attorney Duffy replied no, that the City Charter is specific about the candidate qualification requirements. Council Member Pontieri discussed residency requirements and that Council can consider residency while reviewing the applications. Council Member Klufas discussed following the Charter, unfortunate perceptions, and hope for a quality set of candidates. Council Member Pontieri shared that with either an election or appointment, the term is only for the remaining two years, and that the candidate will have to run again in two years. Mayor Alfin asked for consensus to open public comment again due to the complicated discussion. Public Comment: Mike Norris believed an election is the best way to go, discussed the process, and ability to vet candidates. Paulette Hatfield said that the residents elected Council to make decisions based on what the charter says, that Council can't make their own decisions because the public wants them to be made, and to accept and respect the people that were voted for. Ms. Hatfield encouraged public education and to attend the Citizens Academy. Celia Pugliese disagreed with counsel opinion and hoped that this was a proper interpretation. James Deen was concerned for the damage that can be done in 2 years being the reason why the residents want to elect someone. George Mayo, resident of District 4, would like to see the seat filled as soon as possible to have a representative for his district. Dennis McDonald supported following the Charter and asked if the City Attorney can discuss the interpretation of the resignation date. Vice Mayor made a motion to appoint a replacement for seat 4, following the schedule that was laid out: application to be available today through 9/11/2024, interviews to be held on 9/17/24, and additional workshop on 9/24/24 (evening), City of Palm Coast Created on 8/29/24 24 and an appointment on 10/1/2024. The motion was second by Council Member Klufas. Council Member Pontieri recognized the recently held election, representation, and believed that more options and quality candidates can be more properly vetted through the appointment process rather than rushing an election. Additionally, Council Member Pontieri urged residents to talk to neighbors and get them to participate in the process and to share feedback with Council. Mayor Alfin called a roll call vote. The motion passed unanimously. Mayor Alfin asked to open public comment before item 3. 2 PROCLAMATION - SEPTEMBER 2024 AS WATER QUALITY MONTH This item was heard before Item 1 on the agenda. Mayor Alfin presented the Proclamation to various members of Utility. Amanda Rees, Director of Utility, shared about the various Utility staff members in attendance, and shared thanks. Peter Roussell, Deputy Utility Director, shared about clean and accessible water, education and conservation efforts, and ensuring clean and sustainable water for generations to come. Mayor Alfin shared about the investment it will take to prioritize water quality and conservation. 3 PRESENTATION - FINAL PROPOSED BUDGET FOR ALL APPROPRIATED FUNDS Helena Alves, Director of Financial Services, Gwen Ragsdale, Budget & Procurement Manager, Raelene Bowman, Budget Coordinator, and various department directors, presented the topic to Council. Topics presented included: budget timeline, general fund, proprietary funds, capital funds, all remaining funds, and TRIM. City Council held discussion on the following topics: percentage of funds dedicated to public safety, meter replacement, request for a very strong analysis to be done on Utility fees, Stormwater projects and ARPA funds, new hires for Stormwater, costs and research related to subcontracting Stormwater, and changes in funds. Various staff members provided a response to Council questions and comments. Ms. Johnston shared about reductions, potential millage options available, and highlighted the themes of the budget for public safety, quality of life, beautification program, increased lighting on streets and roadways, Parks & City of Palm Coast Created on 8/29/24 25 Recreation programs and amenities, cultural arts grant funding, focus on citizen engagement, and protecting the quality workforce. Vice Mayor Danko wanted to see a full millage rollback. Council Member Pontieri commended staff for finding the additional $200,000 and asked where it was found. Ms. Johnston provided a response regarding one-time appropriations and a review of State revenue final estimates, and interest calculation adjustments. Council Member Pontieri asked Vice Mayor Danko what policies he would want to affect. Vice Mayor Danko did not believe the Council should micromanage departments, did not agree with new hires and lack of reduction of the workforce, and wanted staff to tighten the budget. Lengthy discussion was held on directing policy, staffing, budget, and priorities. Mayor Alfin discussed his efforts with the Property Appraiser, to share that more than 75% of residents in the City of Palm Coast over the last 4 years have enjoyed a 0.7%, or $17.06, decrease in their median tax bill. Council Member Klufas commended City staff, recommended taking a sharp look at the reality of creating a bigger inequality between taxes collected versus the property taxes that are rising, level of services provided each year, adjusted for inflation, and that even if the City were to hold steady, there would be a suffering of services. Council Member Klufas supported the proposed fiscal year millage rate for the level of service that is provided to residents that is tangible and measurable to the quality of life in Palm Coast. Council Member Pontieri wanted to see the 4.1893 millage rate added as an option at the upcoming adoption hearing. Vice Mayor Danko asked how much needs to be cut in order to get to the 3.9961 millage rate. Ms. Johnston responded that it would be a loss of $2.14 million. Discussion was held on the total budget, reserve funds, proposed budget, debt policy, and the general fund budget. Mayor Alfin requested a calculation taking the median home price and the real dollars that the adjustment would change for the tax bill. Council Member Pontieri asked for the specifics on the reserves. Ms. Johnston shared that as next steps, staff will bring back the options at the tentative budget hearing, which is scheduled for Thursday September 5, at 5:15 p.m. City of Palm Coast Created on 8/29/24 26 Council Member Klufas requested the historical balances of the reserve fund. Mayor Alfin asked for a footnote of significant changes to the charter of account definitions during this time. Ms. Johnston shared that the final budget hearing is scheduled for September 18, at 5:15 p.m., and reminded the public that all budget presentations and information are available on the City's website. Vice Mayor Danko requested that staff come back with a budget at the full millage rate rollback and what the city would be losing. Mayor Alfin responded that staff would need to know what Council would like to cut. Council Member Pontieri reiterated her earlier comments to ask Vice Mayor what direction he would give staff for budgetary adjustments. Vice Mayor Danko asked if every single employee, presently employed by the city, is absolutely vital to running the City. Ms. Johnston shared that the city looks at efficiencies for the workforce, including an efficiency analysis for every new position, or position vacancies. Vice Mayor Danko asked Ms. Johnston if she is incapable of providing a budget with the full millage rate rollback. Ms. Johnston responded that the statement is not true and that she is seeking policy direction from City Council on what they would like to prioritize. Public Comment: Celia Pugliese responded to Mayor Alfin's comments related to data from the Property Appraiser, tax increases, County ad valorem, initiative to see what is going on in the County, capacity and growth, how much do we get in impact fees versus what we pay for growth, and tax decreases. Mayor Alfin discussed the budget process, and that staff would need a consensus from City Council on policy adjustments. E 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. (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; City of Palm Coast Created on 8/29/24 27 (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. This item was heard after Item 2 of the agenda. Sue Rowe discussed Vincent Lyon, complaints about Flagler Humane Society, animal neglect and a cruelty case at FHS, conflicts of interest, violations and conditions of the shelter, and lack of response. Anne Thompson, shared about an email she sent to 5 board members of the Flagler Humane Society regarding concerns for animals with no response, provided suggestions and associated costs, requested a forensic audit of the Flagler County Humane Society, asked where all of their money and donations go, a Humane Society staff member with pending charges for animal cruelty, and demanded change at the Flagler Humane Society. Jeffery Seib discussed the importance of water for life as we know it to exist, his review of water annual quality reports, which is consistent with most other water districts, discussed chemicals found in municipal water systems and the impossibility of removing toxins, and freshwater canals supporting aquatic life. Celia Pugliese spoke on behalf of animal lovers, discussed the euthanasia practices at the Flagler Humane Society, and supported funding a municipal animal shelter/humane society. Scott Hunter shared that he was here as an animal lover, that a board position is open for the humane society and recommended a stipulation in future contracts that the City get to appoint a board member. Dennis McDonald discussed the recent election and astounding results, a new movement in Palm Coast, and the end of dark money in Palm Coast. Mark Webb extended a huge thank you to Flagler Beach for lowering their speed limits and believed that city streets and lack of sidewalks are dangerous. City of Palm Coast Created on 8/29/24 28 Sue Rowe agreed with the comments of Mr. Webb on public safety. Kandie Stevens discussed public safety, excessive construction traffic in the area of Point Pleasant Drive and asked if other routes can be encouraged. Gary Kunnas discussed Article IV of the Charter related to fiscal contracting authority, a referendum item, confusion, and clarity for candidates. Vice Mayor Danko agreed with the comments of Mr. Kunnas and believed the language needed to be clearly rewritten. Vice Mayor Danko believed the language to be intentionally misleading, deceptive, untransparent, and stated that the approval will give the city an unlimited amount of money. Additionally, Vice Mayor Danko stated that all City Council Members were invited to a meeting with Rayonier regarding a $90 million stadium they want to be built and that he asked the City Attorney to rewrite the language. Vice Mayor Danko and Mayor Alfin discussed the question at hand, the history of the item, and the role of a presiding officer. Attorney Duffy shared that the language has not been changed due to the adoption of the Ordinance and lack of directive from the Council to make any changes. City Council debated the prior vote, the ballot language, which was adopted by Ordinance, and the purpose of the item. Council Member Pontieri continued the Council comments to respond to public comments related to the Flagler Humane Society and the need for public pressure and shared about the upcoming joint City/County meeting related the Flagler County Humane Society and provided details related to the animal cruelty investigation. Additionally, Council Member Pontieri provided the financial figures for lowering speed limits citywide and asked for Ms. Johnston to provide details for alternative routes for construction vehicles. Ms. Johnston shared about the upcoming joint meeting and the scheduled topics and shared staff communication with the contractor relating to minimizing disruption. Council Member Pontieri responded to Vice Mayor Danko’s regarding the adopted Charter Amendment, specifically remembering Vice Mayor Danko and herself proposing changes during the item to make the language more transparent, alternative motives and her perspective, details of the potential change, being a proponent of a sports tourism opportunity, and was concerned with Vice Mayor Danko throwing a red flag when he has previously approve every residential zoning variance that has come before Council. Council Member Pontieri stated that this is an opportunity to invest in commercial development in our community that will bring dollars back to the community. Additionally, Council Member Pontieri shared the city’s obligation to prove that borrowed monies can be repaid. City of Palm Coast Created on 8/29/24 29 Council Member Pontieri and Vice Mayor Danko held additional discussion on the topic and related meetings. Council Member Klufas provided a response to Mr. Kunnas related to speed limits. Vice Mayor Danko shared that he was told, and assumed that the other Council Members were told, that if they did not approve the bonds then the company building the stadium would exit and leave the westward expansion, that it has changed his mind, and he urged Council to rewrite the language. Council Member Pontieri stated that she was not told that, that she has no issue readdressing the language, had an issue with not doing due diligence and research before a vote, shared that she has been sent proposed language, and asked if Council is able to rescind the previous vote. Attorney Duffy provided a response on timeline and procedure. Discussion was held on the procedure for adjusting the language, proper Ordinance noticing requirements, and timeline to submit updated language to the Supervisor of Elections Office. Vice Mayor Danko made a motion to remove the item from the ballot. The motion died for lack of second. City Council moved to item 3 of the agenda. Public Comment: Celia Pugliese disagreed with the comments of Mayor Alfin related to tax decreases, discussed continued increase, and that the County is the largest portion of the tax bill. F MINUTES 4 MINUTES OF THE CITY COUNCIL: AUGUST 6, 2024, BUSINESS MEETING AUGUST 13, 2024, WORKSHOP MEETING Pass Motion made to approve the August 6, 2024, Business Meeting Minutes by Vice Mayor Danko and seconded by Council Member Pontieri Motion made to approve the August 13, 2024, Workshop Meeting Minutes 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 G ORDINANCES FIRST READ City of Palm Coast Created on 8/29/24 30 5 ORDINANCE 2024-XX APPROVING THE 2050 COMPREHENSIVE PLAN TEXT AND MAP SERIES FOR THE CITY OF PALM COAST City Council recessed at 1:00 p.m. City Council reconvened at 1:20 p.m. Attorney Duffy read the title into the record. Ms. Johnston opened the item. Topics presented included: agenda, overview, vision statement and guiding principles, chapter overviews, recommendations, and next steps. Vice Mayor Danko shared thanks for the hard work but believed that the decision should wait for the incoming Council. Council Member Pontieri disagreed, sharing that Council has sat through hours upon hours of presentations, and was concerned about the timeline to get the incoming Council Members up to speed on the topic. Council Member Pontieri asked Council to consider the time, resources, and expense, to start the process again and was not willing to put the burden on the taxpayers. Council Member Klufas believed that the presentation was great and a product of many months of effort. Council Member Klufas was in alignment with Council Member Pontieri on the investment to the process and that it would be irresponsible to dump this on the incoming Council. Vice Mayor Danko wanted to see if any of the potential future Council Members show up between now and the 15th to give their thoughts on the topic. Mayor Alfin discussed timeline, election that recently transpired, and the comprehensive plan being a living document for change and a blueprint for the future. Mr. Tyner replied to comments to say that this is a community based comprehensive plan, that community input drove the policy changes, and that the next City Council will play an important role in taking the community based comprehensive plan and implementing what the community wants. Council Member Pontieri shared concern for maps (CP-1.1, CP-1.3), proposed changes, and provided a recommendation for the map. Lengthy discussion was held between City Council, and with Mr. Tyner, on the map, land uses, staff concerns, Council concerns, suggestions, process and procedure for the landowner, current DRI, landowner driving the change, and future intent. Mayor Alfin looked to staff and the consultant to bridge the gap on the items discussed. City of Palm Coast Created on 8/29/24 31 Vice Mayor Danko asked what Council Member Pontieri would like to see changed. Council Member Pontieri replied that she would be most comfortable with the area of the map remaining DRI Mixed-Use. Council Member Pontieri discussed a potential option to designate a third category in the legend which describes the current DRI with the potential to become master planned mixed-use. Mayor Alfin asked Council Member Pontieri to work with staff on the change. Ms. Johnston recapped the conversation to have the Ordinance come back for first reading at the September 3, 2024, Business Meeting. Council concurred. Council Member Klufas shared that the opinion of staff is that the comprehensive plan is such an all-encompassing/holistic approach that years ago would have happened in the fashion proposed today. Mr. Tyner provided a response to the question. Public Comment: Celia Pugliese supported the comments and requests of Council Member Pontieri and shared her prior request to change the process for future cell tower location approval. Mr. Tyner shared that the policy referenced has been updated. Public Comment: Mike Norris believed this should be put off until a new Council is in place, discussed landowners using the LDC and comp plan to do what they want to do, that he will submit audio clips to the Clerk, and supported the comments of Council Member Pontieri. Council Member Pontieri did not want to denigrate the work that staff has done, understood the concerns for westward growth, shared that the Land Development Code will be amended with the future Council, that residents have had input, and that staff have done an excellent job including resident feedback. H RESOLUTIONS 6 RESOLUTION 2024-127 APPROVING THE ACCEPTANCE OF THE U.S. DEPARTMENT OF HOMELAND SECURITY ASSISTANCE TO FIREFIGHTERS GRANT Attorney Duffy read the title into the record. Kyle Berryhill, Fire Chief, and Patrick Juliano, Fire Lieutenant, presented the topic to Council. Topics presented included a background of the item, details of the grant program, paramedic training, budget, and timeline. Public Comment: City of Palm Coast Created on 8/29/24 32 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 7 RESOLUTION 2024-131 APPROVING FREEDOM AT SAWMILL PHASE 7A FINAL PLAT, APPLICATION NO. 5710 Attorney Duffy read the title into the record. Estelle Lens, Planner, and Dennis Leap, Site Development Manager, opened the item. Council Member Pontieri asked about the bond amount. Mr. Leap provided a response related to the bond balance. Mayor Alfin called for any ex parte communication. There were none. 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 8 RESOLUTION 2024-128 APPROVING PONCE PRESERVE FINAL PLAT, APPLICATION NO. 5685 Attorney Duffy read the title into the record. Estelle Lens, Planner, and Dennis Leap, Site Development Manager, opened the item. Council Member Pontieri pointed out that this relates to a public comment from earlier in the meeting related to dump trucks and traffic and asked if there is a solution. Mr. Leap provided a response regarding suggested alternate routes. Mayor Alfin called for any ex parte communication. There were none. City of Palm Coast Created on 8/29/24 33 Public Comment: Celia Pugliese discussed public comment from earlier in the meeting, asked if the City has made arrangements or reviewed the pavement status from overloaded trucks, lack of reserve funds to fund road repairs. Pass Motion made to approve 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 I CONSENT Council Member Pontieri did not believe that contracts that have not been to workshop, and that are over a million dollars, should be included under consent. Mayor Alfin asked staff to come back with a policy decision on the topic. Ms. Johnston responded yes. Council Member Pontieri asked staff to review a reasonable dollar amount based on the item. Public comment: Celia Pugliese agreed with Council Member Pontieri. 9 RESOLUTION 2024-126 APPROVING PIGGYBACKING THE MANATEE COUNTY CONTRACT WITH GML COATINGS, LLC FOR INFRASTRUCTURE MAINTENANCE AND REPAIR WORK 10 RESOLUTION 2024-132 APPROVING AN INCREASE OF THE SRF LOAN AMOUNT, A CHANGE ORDER FOR MEMBRANE REMOVAL AND REPLACEMENT, AND A WORK ORDER WITH CPH, INC., FOR CONSTRUCTION ENGINEERING, AND INSPECTION SERVICES FOR THE WWTF NO. 2 EXPANSION PROJECT 11 RESOLUTION 2024-125 APPROVING A MASTER SERVICES AGREEMENT WITH ODYSSEY MANUFACTURING COMPANY TO PROVIDE AND INSTALL NEW ODOR CONTROL UNIT FOR PUMP STATION 24-2 WHITEVIEW 12 RESOLUTION 2024-129 APPROVING A CONTRACT WITH R.J. SULLIVAN CORPORATION FOR THE CONSTRUCTION OF THE WATER TREATMENT PLANT NO. 3 LIQUID OXYGEN (LOX) SYSTEM PROJECT 13 RESOLUTION 2024-130 APPROVING A CONTRACT WITH SAWCROSS, INC., FOR THE CONSTRUCTION OF THE NEW SLUDGE THICKENER AND GROUND STORAGE TANK PROJECT AT WATER TREATMENT FACILITY NO. 2 City of Palm Coast Created on 8/29/24 34 Pass Motion made to be adopted on consent by Council Member Klufas and seconded by Vice Mayor Danko. Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri J PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. There were none. K DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA Council Member Pontieri congratulated candidates and thanked everyone who ran in the recent election for putting themselves out there, and thanked the voters. 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 14 REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR JULY 2024 Ms. Johnston highlighted the emergency and sole source purchases and asked if Council had any questions. Ms. Johnston shared a reminder about the joint City/County meeting. Council Member Pontieri shared about an upcoming outdoor concert and encouraged attendance. N ADJOURNMENT The meeting was adjourned at 2:36 p.m. Respectfully submitted by: Kaley Cook, CMC, FCRM City Clerk City of Palm Coast Created on 8/29/24 35

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 Nick Klufas Council Member Theresa Pontieri Tuesday, August 27, 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 PROCLAMATIONS AND PRESENTATIONS 1 DISCUSSION - CITY COUNCIL DISTRICT SEAT 4 VACANCY 2 PROCLAMATION - SEPTEMBER 2024 AS WATER QUALITY MONTH 3 PRESENTATION - FINAL PROPOSED BUDGET FOR ALL APPROPRIATED FUNDS City of Palm Coast Created on 8/21/2024 1 E 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. (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. F MINUTES 4 MINUTES OF THE CITY COUNCIL: AUGUST 6, 2024, BUSINESS MEETING AUGUST 13, 2024, WORKSHOP MEETING G ORDINANCES FIRST READ 5 ORDINANCE 2024-XX APPROVING THE 2050 COMPREHENSIVE PLAN TEXT AND MAP SERIES FOR THE CITY OF PALM COAST H RESOLUTIONS 6 RESOLUTION 2024-XX APPROVING THE ACCEPTANCE OF THE U.S. DEPARTMENT OF HOMELAND SECURITY ASSISTANCE TO FIREFIGHTERS City of Palm Coast Created on 8/21/2024 2 GRANT 7 RESOLUTION 2024-XX APPROVING FREEDOM AT SAWMILL PHASE 7A FINAL PLAT, APPLICATION NO. 5710 8 RESOLUTION 2024-XX APPROVING PONCE PRESERVE FINAL PLAT, APPLICATION NO. 5685 I CONSENT 9 RESOLUTION 2024-XX APPROVING PIGGYBACKING THE MANATEE COUNTY CONTRACT WITH GML COATINGS, LLC FOR INFRASTRUCTURE MAINTENANCE AND REPAIR WORK 10 RESOLUTION 2024-XX APPROVING AN INCREASE OF THE SRF LOAN AMOUNT, A CHANGE ORDER FOR MEMBRANE REMOVAL AND REPLACEMENT, AND A WORK ORDER WITH CPH, INC., FOR CONSTRUCTION ENGINEERING, AND INSPECTION SERVICES FOR THE WWTF NO. 2 EXPANSION PROJECT 11 RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH ODYSSEY MANUFACTURING COMPANY TO PROVIDE AND INSTALL NEW ODOR CONTROL UNIT FOR PUMP STATION 24-2 WHITEVIEW 12 RESOLUTION 2024-XX APPROVING A CONTRACT WITH R.J. SULLIVAN CORPORATION FOR THE CONSTRUCTION OF THE WATER TREATMENT PLANT NO. 3 LIQUID OXYGEN (LOX) SYSTEM PROJECT 13 RESOLUTION 2024-XX APPROVING A CONTRACT WITH SAWCROSS, INC., FOR THE CONSTRUCTION OF THE NEW SLUDGE THICKENER AND GROUND STORAGE TANK PROJECT AT WATER TREATMENT FACILITY NO. 2 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 14 REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR JULY 2024 N ADJOURNMENT 15 AGENDA WORKSHEET AND CALENDAR City of Palm Coast Created on 8/21/2024 3 City of Palm Coast, Florida Agenda Item Agenda Date: August 27, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: DISCUSSION - CITY COUNCIL DISTRICT SEAT 4 VACANCY Presenter: Kaley Cook, City Clerk Attachments: Background: On August 19, 2024, Palm Coast City Council Member Cathy Heighter announced her resignation effective August 23, 2024. The City will begin the process of filling the District 4 seat, which Council Member Heighter was originally slated to hold until November 2026. The City Council will need to discuss the process and timeline for appointing a new District 4 representative per the City Charter: “If, for any reason other than recall or assuming the office of Mayor, a vacancy occurs in the office of any Council seat within the first two years of a term, the office shall be filled by appointment within 90 days following the occurrence of such vacancy by majority vote of the remaining Council members. If said vacancy occurs within six (6) months of the next regularly scheduled election, the remaining Council members may delay the appointment. Such appointments shall last until the next regularly scheduled election, at which time the seat shall be declared open and an election held for the remaining two years of the original term, thus continuing the original staggering of district seats.” The proposed procedure and timeline for appointing a member to fill the remainder of the term:  Application due date, to be determined by City Council.  Interview and appointment date, to be determined by City Council.  The City Clerk will advertise the vacant seat in media outlets, through emails to previous Citizen’s Academy graduates in the district, as well as posted on the City website, consistent with previous Council vacancies. Recommended Action: FOR DISCUSSION AND DIRECTION 4 City of Palm Coast, Florida Agenda Item Agenda Date: August 27, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: PROCLAMATION - SEPTEMBER 2024 AS WATER QUALITY MONTH Presenter: Mayor and City Council Attachments: 1. Proclamation Background: The City of Palm Coast would like to proclaim September 2024 as Water Quality Month. Recommended Action: PROCLAIM SEPTEMBER 2024 AS WATER QUALITY MONTH 5 City of Palm Coast, Florida Agenda Item Agenda Date: August 27, 2024 Department FINANCIAL SERVICES Amount Division Account # Subject: PRESENTATION - FINAL PROPOSED BUDGET FOR ALL APPROPRIATED FUNDS Presenter: Helena Alves, Director of Financial Services Attachments: 1. Presentation Background: City Council adopted the Fiscal Year 2024 Budget on the 20th day of September 2023, in the amount of $357,748,234 per 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 25, 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 an 8.29% increase from the rolled-back rate of 3.9457 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. On July 16, 2024, Council adopted Resolution 2024-107 setting the Proposed Maximum Millage Rate for Fiscal Year 2025 at 4.2154 and setting the date, time, and location for the Tentative Budget Hearing for September 5, 2023, at 5:15 PM at the Palm Coast City Hall Community Wing, 160 Lake Ave, Palm Coast, Florida. On July 23, 2024, City Council was presented the Proprietary Funds Budget for Fiscal Year 2025. On August 13, 2024, staff presented to City Council the Capital, Fleet Internal Service Fund, Special Revenue Funds, & Proposed Budget for All Remaining Funds for Fiscal Year 2025. 7 Director of Financial Services, Helena Alves, and Budget & Procurement Manager, Gwen Ragsdale, will be presenting to City Council the Final Proposed Fiscal Year 2025 Budget for all appropriated funds. Recommended Action: FOR PRESENTATION ONLY 8 City of Palm Coast, Florida Agenda Item Agenda Date: August 27, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: MINUTES OF THE CITY COUNCIL: AUGUST 6, 2024, BUSINESS MEETING AUGUST 13, 2024, WORKSHOP MEETING Presenter: Kaley Cook, City Clerk Attachments: 1. Minutes (2) Background: Recommended Action: APPROVE MINUTES OF THE CITY COUNCIL: AUGUST 6, 2024, BUSINESS MEETING AUGUST 13, 2024, WORKSHOP MEETING 89 City of Palm Coast, Florida Agenda Item Agenda Date: August 27, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: ORDINANCE 2024-XX APPROVING THE 2050 COMPREHENSIVE PLAN TEXT AND MAP SERIES FOR THE CITY OF PALM COAST Presenter: Ray Tyner, Deputy Chief Development Officer, Jose Papa, Sr. Planner and JB Pro Consultants Attachments: 1. Presentation 2. Ordinance 3. Additional Compilation of Comments Post August 13, 2024, Workshop 4. Goals, Objectives, and Policies – Clean and Redline versions 5. Map Series (with minor changes) Background: Starting with the September 23, 2023, Imagine 2050 Community Wide Kick-off meeting, the City of Palm Coast has been actively involving the community in the development of its Imagine 2050 Comprehensive Plan update through various public engagement activities. These activities, with an estimated reach of over 87,000 residents, included: Community Wide Engagements Pop-Up Events Special Events Media Outreach Radio Broadcasting Events Civic Organization Meetings Homeowner Association Forums PLDRB and City Council Public Hearings Additionally, an interactive website (palmcoast.mysocialpinpoint.com) was created to allow residents to review draft policies and provide feedback on different aspects of the plan. Key themes from this feedback included support for sustainable development, improved transportation options, and the need for diverse housing choices. The City of Palm Coast's Imagine 2050 Comprehensive Plan update reflects significant positive changes across various chapters, aligning with the community's input and the 12 guiding principles. This plan serves as a guideline and roadmap for city growth and development over the next 20 years, from which policies and regulations will be derived. This agenda item incudes: • A spreadsheet, post August 13, 2024, City Council Workshop, compiling comments 111 from City Council, the Planning and Land Development Regulation Board (PLDRB), and public input. • Goals, Objectives, and Policies (GOPs) addressing the comments presented. A clean and redline version are attached for review. • A comprehensive Glossary defining key terms used in the plan. • A series of maps visually illustrating and supporting the GOPs for several Elements, including: o Future Land Use o Transportation o Public Recreation and Open Space o Infrastructure The Imagine 2050 Comprehensive Plan is designed with a long-term perspective but remains a living document that can be updated as community needs and trends evolve. It assesses recent changes in community conditions and addresses emerging trends and new issues facing Palm Coast. Following the comprehensive plan's completion, city staff will update the Land Development Code to align with the new plan's goals and objectives. If approved for transmittal, the next steps for the completion of the 2050 Comprehensive Plan include: • August 30, 2024 - Comprehensive Plan sent to Department of Commerce and other State agencies for review and comment. • October 15, 2024 - City Council Comprehensive Plan Adoption Public Hearing It's important to note that the final adoption in October may be subject to any recommended changes resulting from the state review process. This collaborative approach ensures that the Imagine 2050 Comprehensive Plan will effectively guide Palm Coast's growth and development for years to come, while remaining responsive to the community's evolving needs and aspirations. Recommendation of the Beautification and Environmental Advisory Committee (BEAC): The BEAC recommends that the City Council “transmit” the updated 2050 Comprehensive Plan to the Department of Commerce for their review and comment. Planning and Land Development Regulations Board (PLDRB): The PLDRB recommends that the City Council “transmit” the updated 2050 Comprehensive Plan to the Department of Commerce for their review and comment subject to the following minor revisions: Policy 2.4.3.10 – Add “charter schools” as an agency for coordination. “The City shall work with the Flagler County School District (including Charter Schools) to investigate and pursue grant funding from regional, state, and federal agencies for pedestrian and bicycle improvements between schools and residential areas. These improvements may include new bus stop facilities, multi-use pathways, shade trees, and various other enhancement projects”. 112 Policy 11.1.7.8 - Use the term “global” rather than “foreign”. “The City shall foster a welcoming environment for foreign global direct investment by providing affordable entry opportunities for foreign global companies that align with the city's targeted industries “. Policy 11.1.7.12 – Use the term “multi-cultural” rather than “ethnic”. The City shall seek to recruit, maintain, and support Palm Coast’s growing ethnic multi- cultural business community. A table of comments received after the City Council’s workshop on August 13, 2024 has been attached. This table also includes staff’s response to the comments received. Recommended Action: STAFF RECOMMENDS APPROVING ORDINANCE 2024-XX THE 2050 COMPREHENSIVE PLAN TEXT AND MAP SERIES FOR THE CITY OF PALM COAST AND FOR CITY COUNCIL TRANSMIT TO THE DEPARTMENT OF COMMERCE, THE UPDATED 2050 COMPREHENSIVE PLAN FOR THEIR REVIEW AND COMMENTS 113 City of Palm Coast, Florida Agenda Item Agenda Date: August 27, 2024 Department PUBLIC SAFETY Amount $5,208.55 MATCHING DOLLARS Division FIRE Account # Subject: RESOLUTION 2024-XX APPROVING THE ACCEPTANCE OF THE U.S. DEPARTMENT OF HOMELAND SECURITY ASSISTANCE TO FIREFIGHTERS GRANT Presenter: Kyle Berryhill, Fire Chief Attachments: 1. Presentation 2. Resolution 3. Award Letter Background: Council Priority: B. Safe and Reliable Services The U.S. Fire Administration offers various grant funding opportunities for local fire departments. The Palm Coast Fire Department regularly applies for grants under three grant opportunities: Assistance to Firefighters Grant (AFG), Staffing for Adequate Fire and Emergency Response (SAFER), and Fire Prevention and Safety Grant programs. The Fire Department submitted an application for the Fiscal Year (FY) 2023 Assistance to Firefighters Grant on March 3, 2024. The application was for $57,294 for Paramedic training. On August 2, 2024, the Department of Homeland Security/FEMA notified the Fire department of their grant award. This is a 90/10 matching grant, requiring the City to match $5,208.55 to the Federal grant amount of $52,085.45. If approved by Council, the grant money will be used to send nine (9) Firefighter-EMT’s for additional training to obtain Paramedic Certification The City has thirty (30) days from the date of the award notification, August 2, 2024, to accept or decline the award. The City of Palm Coast needs to respond before September 2, 2024. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING THE ACCEPTANCE OF THE U.S. DEPARTMENT OF HOMELAND SECURITY ASSISTANCE TO FIREFIGHTERS GRANT 751 City of Palm Coast, Florida Agenda Item Agenda Date: August 27, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: RESOLUTION 2024-XX APPROVING FREEDOM AT SAWMILL PHASE 7A FINAL PLAT, APPLICATION NO. 5710 Presenter: Estelle Lens, AICP, Planner and Dennis Leap, P.E., Site Development Manager Attachments: 1. Presentation 2. Resolution 3. Final Plat Background: This is a quasi-judicial item, please disclose any ex parte communication. The application, submitted by the applicant, D R Horton Inc., proposes to plat and subdivide approximately 71.40 acres of land into 203 single family residential lots and 12 tracts. Freedom at Sawmill Phase 7A is located on the west side of the US 1 at the intersection of Old Kings Road and US 1. The Future Land Use Map is DRI Mixed-Use; and the Official Zoning is Palm Coast Park Master Planned Development (MPD). The Subdivision Master Plan was approved by the PLDRB on September 15, 2021; and the Preliminary Plat was approved on February 14, 2022. The Applicant was issued a Site Development Permit in May 2022 in accordance with the approved construction plans filed with the approved preliminary plat. Prior to plat execution, the applicant will be required to provide a performance surety bond of 120% of the infrastructure cost, which has not been completed, in the amount of $252,591.79. The project meets the technical requirements of the City Code and Florida Statutes, Chapter 177 FS. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING THE FINAL PLAT AND AUTHORIZING THE MAYOR TO EXECUTE THE PLAT AND STAFF TO ISSUE A FINAL PLAT DEVELOPMENT ORDER FOR APPLICATION NO. 5710. 781 City of Palm Coast, Florida Agenda Item Agenda Date: August 27, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: RESOLUTION 2024-XX APPROVING PONCE PRESERVE FINAL PLAT, APPLICATION NO. 5685 Presenter: Estelle Lens, AICP, Planner and Dennis R. Leap, P.E. Site Development Manager Attachments: 1. Presentation 2. Resolution 3. Final Plat Background: This is a quasi-judicial item, please disclose any ex parte communication. The application, submitted by Richmond American Homes of Florida, L.P., proposes to plat and subdivide approximately 34.85 acres of land into 74 single family residential lots and 8 tracts. Ponce Preserve is located at the northwest corner of the intersection of Ponce DeLeon Drive and Point Pleasant Drive. The Future Land Use Map designation is Residential; and the property is zoned Single Family Residential - 4 (SFR-4). The SFR-4 zoning District requires larger lot sizes, 12,000 SF minimum, than typical single-family lots in Palm Coast, which are 7,500 SF - 10,000 SF minimum. The Subdivision Master Plan was approved administratively on February 7, 2022; and the Preliminary Plat was approved on August 1, 2023. The Applicant was issued a Site Development Permit in January 2024 in accordance with the approved construction plans filed with the approved preliminary plat. Prior to plat execution, the applicant will be required to provide a performance surety bond of 120% of the infrastructure cost, which has not been completed, in the amount of $634,487.29. The project meets the technical requirements of the City Code and Florida Statutes, Chapter 177 FS. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING THE FINAL PLAT AND AUTHORIZING THE MAYOR TO EXECUTE THE PLAT AND STAFF TO ISSUE A FINAL PLAT DEVELOPMENT ORDER FOR APPLICATION NO. 5685 799 City of Palm Coast, Florida Agenda Item Agenda Date: August 27, 2024 Department WATER AND WASTEWATER Amount AS NEEDED PER APPROVED BUDGET Division UTILITY Account # MULTIPLE Subject: RESOLUTION 2024-XX APPROVING PIGGYBACKING THE MANATEE COUNTY CONTRACT WITH GML COATINGS, LLC FOR INFRASTRUCTURE MAINTENANCE AND REPAIR WORK Presenter: James Melley, Wastewater Utility Systems Manager Attachments: 1. Resolution 2. Contract and Engagement Letter (available in Clerk’s office for review) Background: Council Priority: D. Sustainable Environment and Infrastructure City Staff is recommending piggybacking the Manatee County #21-R075323Jh Independent Contractor’s Agreement with GML Coatings, LLC to utilize their services in manhole and pump station wet well rehabilitation as needed. They can provide structural coatings as well as manhole and wet well concrete rehabs. Their ability to stop water intrusion and apply a concrete structure coating is a great asset to the City of Palm Coast. They can rehabilitate any sewer structure at a fraction of the cost of replacements. Their work has been proven effective and valuable. 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. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING PIGGYBACKING THE MANATEE COUNTY CONTRACT WITH GML COATINGS, LLC FOR INFRASTRUCTURE MAINTENANCE AND REPAIR WORK 816 City of Palm Coast, Florida Agenda Item Agenda Date: August 27, 2024 Department CONSTRUCTION MANAGEMENT Amount $3,000.000.00 & ENGINEERING Division ENGINEERING Account # 54029082-063000- 88020 Subject: RESOLUTION 2024-XX APPROVING AN INCREASE OF THE SRF LOAN AMOUNT, A CHANGE ORDER FOR MEMBRANE REMOVAL AND REPLACEMENT, AND A WORK ORDER WITH CPH, INC., FOR CONSTRUCTION ENGINEERING, AND INSPECTION SERVICES FOR THE WWTF NO. 2 EXPANSION PROJECT Presenter: Alexander Blake, P.E. Utility Engineer III Attachments: 1. Resolution 2. Change Order 3. WO Proposal 4. FDEP Approval Letter Background: Council Priority: D. Sustainable Environment and Infrastructure Wastewater Treatment Facility (WWTF) No. 2 is an advanced wastewater treatment (AWT) plant with a treatment capacity of two million gallons per day (MGD). Placed in service in 2018, WWTF No. 2 is undergoing a two MGD expansion. The expansion is funded by a Florida Department of Environmental Protection (FDEP) low-interest Clean Water State Revolving Fund (SRF) loan, # WW180431. WWTF No. 2 uses Ovivo membranes as part of the treatment process. These membranes, with a typical 10-year lifespan under normal conditions, are nearing the end of their useful life and need replacement. The Ovivo membranes require frequent cleaning and maintenance during high flow events, negatively affecting their performance. In addition, the expansion’s treatment train uses Kubota membranes, which are more reliable and require less maintenance. Replacing the Ovivo membranes with Kubota shall streamline the treatment and maintenance processes. The replacement and associated equipment cost approximately three million dollars. One of the City’s consulting engineers, CPH, Inc., submitted a request for inclusion in the Priority List for an additional three million dollars, ($3,000,000), from the FDEP to cover the cost of the additional construction and CEI services, and received approval on August 14, 2024. FDEP requires approval from City Council to proceed with the addition of funds to the SRF loan. 819 This item is to approve an increase of additional SRF loan funds in the amount of $3,000,000, a change order with R.J. Sullivan, and a work order with CPH for additional construction engineering services. This project is in the utility 5-Year Capital Improvement Plan and is also funded through the FDEP SRF loan program. The additional revenue and expenses are included in the FY25 proposed budget. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING AN INCREASE OF THE SRF LOAN AMOUNT, A CHANGE ORDER FOR MEMBRANE REMOVAL AND REPLACEMENT, AND A WORK ORDER WITH CPH, INC. FOR CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FOR THE WWTF NO. 2 EXPANSION PROJECT 820 City of Palm Coast, Florida Agenda Item Agenda Date: August 27, 2024 Department WASTEWATER Amount $155,650.00 Division UTILITY Account # 54029082 063000 85003 Subject: RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH ODYSSEY MANUFACTURING COMPANY TO PROVIDE AND INSTALL NEW ODOR CONTROL UNIT FOR PUMP STATION 24-2 WHITEVIEW Presenter: James Melley, Utility Systems Manager Attachments: 1. Resolution 2. Draft Contract 3. Notice of Intent to Award 4. Project Overview Background: Council Priority: D. Sustainable Environment & Infrastructure The City of Palm Coast Wastewater Pumping Department operates a master wastewater pump station (24-2) located at 215 Pritchard Drive in Palm Coast. The pump station needs to have a new odor control unit installed to be able to keep up with the increasing levels of odor being produced from the incoming wastewater flows. City staff advertised ITB-UT-24-65 to provide and install a new odor control unit for the 24-2 pump station in accordance with the City’s Purchasing Policy. The Notice of Intent to Award and Project Overview are attached. Staff recommends City Council approve a Master Services Agreement with Odyssey Manufacturing Company to provide and install new odor control unit for 24-2 pump station. The contract shall terminate at the end of one (1) year. City staff will obtain these services using budgeted funds appropriated by City Council. The Fiscal Year 2024 Budget includes funds within the Utilities budget to purchase these services. SOURCE OF FUNDS WORKSHEET FY 2024 IMPR-LIFT STATION REPLACEMENT 54029082 063000 85003 $1,335,000.00 Total Expended/Encumbered to Date $946,951.84 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $155,650.00 Balance $232,398.16 833 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH ODYSSEY MANUFACTURING COMPANY TO PROVIDE AND INSTALL NEW ODOR CONTROL UNIT FOR PUMP STATION 24-2 WHITEVIEW 834 City of Palm Coast, Florida Agenda Item Agenda Date: August 27, 2024 Department CONSTRUCTION Amount $1,593.900.00 MANAGEMENT & ENGINEERING Division ENGINEERING Account # 54029088-063000- 81010 Subject: RESOLUTION 2024-XX APPROVING A CONTRACT WITH R.J. SULLIVAN CORPORATION FOR THE CONSTRUCTION OF THE WATER TREATMENT FACILITY NO. 3 LIQUID OXYGEN (LOX) SYSTEM PROJECT Presenter: Alexander Blake, P.E., Utility Engineer III Attachments: 1. Resolution 2. Draft Contract 3. Notice of Intent to Award 4. Project Overview Background: Council Priority: D. Sustainable Environment and Infrastructure Water Treatment Facility (WTF) No. 3 utilizes low pressure reverse osmosis for treatment of raw water. WTF No. 3 treats concentrate, a byproduct of the filtration process, with ozone using a Vacuum Swing Adsorption (VSA) Oxygen Generator to supply oxygen to an ozone generation unit. The Liquid Oxygen (LOX) system will replace the existing VSA Oxygen generator, which is nearing the end of its useful life. The LOX system reduces maintenance and electrical power cost. This project consists of the procurement and installation of the new LOX system, associated piping, and electrical equipment at WTF No. 3. The project, ITB-SWE-24-04, was advertised on May 29, 2024, and received one (1) bid on July 18, 2024. City staff recommends awarding the contract to the low bidder R.J. Sullivan Corporation of Pompano Beach, Florida for $1,449,000,00 with a 10% contingency of $144,900.00, for a total of $1,593,900.00. The Notice of Intent to Award and a Project Bid Overview are attached. This project is in the Utility 5-Year Capital Improvement Plan, and the construction is budgeted for Fiscal Year 2024-2025. 862 Source of Funds Worksheet FY 24 Water Treatment Plant 3 - 54029088-063000-81010 $1,698,000.00 Total Expended/Encumbered to Date $9,092.25 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $1,593,900.00 Balance $95,007.75 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A CONTRACT WITH R.J. SULLIVAN CORPORATION FOR THE CONSTRUCTION OF THE WATER TREATMENT FACILITY NO. 3 LIQUID OXYGEN (LOX) SYSTEM PROJECT 863 City of Palm Coast, Florida Agenda Item Agenda Date: August 27, 2024 Department CONSTRUCTION MANAGEMENT Amount $8,534,637.50 & ENGINEERING Division ENGINEERING Account # 54029087-063000- 84007 Subject: RESOLUTION 2024-XX APPROVING A CONTRACT WITH SAWCROSS, INC., FOR THE CONSTRUCTION OF THE NEW SLUDGE THICKENER AND GROUND STORAGE TANK PROJECT AT WATER TREATMENT FACILITY NO. 2 Presenter: Alexander Blake, P.E., Utility Engineer III Attachments: 1. Resolution 2. Draft Contract 3. Notice of Intent to Award 4. Project Overview Background: Council Priority: D. Sustainable Environment and Infrastructure Water Treatment Facility No. 2 uses a zero-liquid discharge process with a mechanized lime sludge thickening basin. The sludge thickening basin is critical to the proper operation of the plant. A second sludge thickening basin is needed to handle additional flows and to allow the flexibility to perform maintenance on each basin without disrupting the plant. City staff tasked McKim & Creed to design an additional sludge thickener with an upgrade of the mechanical equipment in the existing sludge thickener basin. The new mechanical equipment for the existing basin will be installed after the new basin is placed into service. Additional potable water storage is also needed, and a 2 MG (million gallon) ground storage tank will be included with the lime sludge thickener as a proposed project improvement for Water Treatment Facility No. 2. This is a critical project for the utility water treatment system. The project, ITB-SWE-24-42, was advertised on June 12, 2024, for construction services. Three (3) Bids were received on July 18, 2024, ranging from $7,758,795.00 to $7,935,215.00. City staff recommends awarding the contract to the low bidder Sawcross, Inc., of Jacksonville, Florida for $7,758,795.00, with a 10% project contingency of $775,879.50 for a total of $8,534,674.50. The Notice of Intent to Award and Project Overview are attached. This project included funding in the FY24 budget including future years however additional funding is needed in order to proceed. As part of the proposed FY25 budget additional funding was added in the Utility 5-Year Capital Improvement Plan, and the construction is budgeted for Fiscal Year 2025. The contract to be executed upon approval of the FY25 budget. 886 Source of Funds Worksheet FY 25 WTF 2 Sludge Thickener - 54029087-063000-84007 $8,550,000.00 Total Expended/Encumbered to Date $0.00 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $8,534,674.50 Balance $15,325.50 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A CONTRACT WITH SAWCROSS, INC., Recommend FOR THE CONSTRUCTION OF THE NEW SLUDGE THICKENER AND GROUND STORAGE TANK PROJECT AT WATER TREATMENT FACILITY NO. 2 887 City of Palm Coast, Florida Agenda Item Agenda Date: August 27, 2024 Department FINANCIAL SERVICES Amount Division Account # Subject: REPORTING OF EMERGENCY & SOLE SOURCE PURCHASES FOR JULY 2024 Presenter: Lauren Johnston, Acting City Manager Attachments: 1. Emergency and Sole Source Purchase Report Background: Attached is a list of all emergency and sole source purchases for the month of July 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 914

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