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City Council Business Meeting

Regular Meeting

Palm Coast, FL · September 17, 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, September 17, 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 Deputy City Clerk Alison Palmer called the roll. All members were present with Council Member Pontieri appearing virtually. D. PROCLAMATIONS 1. PROCLAMATION - OCTOBER 2024 AS “RAISE THE PINK FLAG WITH THE PINK ARMY” MONTH IN SUPPORT OF BREAST CANCER AWARENESS City of Palm Coast Created on 9/25/24 16 Mayor Alfin presented the Proclamation. Several representatives from AdventHealth, received the proclamation and discussed events taking place during the month of October. 2. PROCLAMATION - SEPTEMBER 2024 AS NATIONAL RECOVERY MONTH This item was moved to item 4. Council Member Klufas presented the proclamation to representatives from the Flagler Open Arms Recovery Center and the Flagler County Rotary Club, who accepted the proclamation and made remarks. 3. PROCLAMATION - SEPTEMBER 2024 AS SUICIDE PREVENTION MONTH Mayor Alfin presented the proclamation. Representatives from the Flagler Open Arms Recovery Center and the Flagler County Rotary Club accepted the proclamation and made remarks. 4. PROCLAMATION - SEPTEMBER 15, 2024, TO OCTOBER 15, 2024, AS HISPANIC HERITAGE MONTH This item was moved to item 5. Council Member Klufas presented the proclamation. Monica Garcia, Co-Chair of the Hispanic Business Alliance, accepted the proclamation and made remarks. 5. PROCLAMATION - STORMWATER AWARENESS WEEK SEPTEMBER 23-27, 2024 This item was moved to item 2. Mayor Alfin presented the proclamation and Lynn Stevens, Deputy Director of Stormwater & Engineering, accepted the proclamation and made remarks. 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. City of Palm Coast Created on 9/25/24 17 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. Mark Stancel discussed new development in Seminole Woods, the vegetative buffer zone, and the response to his concerns by City staff. Jeanie Duarte commented on prior Council meetings, the upcoming ballot measure, and the City charter. John Lulgjuraj spoke about Dylan Osborne, a 17-year-old student and resident of Palm Coast who was tragically killed riding his bicycle to work. Jeffrey Seib praised the sentiments of the prior speaker, and commented on the economic development presentation from the prior Council meeting and the need for economic development in Palm Coast. Steve Carr shared photographs depicting flooding issues from recent heavy rain and discussed City infrastructure. The photographs are attached to these minutes. Kirk Whittington commented on Palm Coast being named a top travel destination for senior citizens, complimented City staff and the Flagler Sheriff's department, discussed City Manager search and salary, discussed his professional background, and offered to volunteer. Brandon Orlando, an applicant for the Planning & Land Development Regulation Board (PLDRB) discussed his background and why he applied to the board. Council Member Klufas replied to public comment to state that Council cannot make changes to the City charter without a formal review process. F. MINUTES 6. MINUTES OF THE CITY COUNCIL: SEPTEMBER 3, 2024, BUSINESS MEETING SEPTEMBER 5, 2024, BUDGET MEETING SEPTEMBER 10, 2024, WORKSHOP MEETING Pass Motion made to approve the September 3, 2024, Business Meeting Minutes 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 Motion made to approve the September 5, 2024, Budget Meeting Minutes by Council Member Klufas and seconded by Vice Mayor Danko City of Palm Coast Created on 9/25/24 18 Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri Motion made to approve the September 10, 2024, Workshop Meeting Minutes 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 G. APPOINTMENTS 7. APPOINT FOUR (4) MEMBERS AND ONE (1) ALTERNATE MEMBER TO THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD Virginia Smith, Land Management Administrator, provided an overview of the item. Mayor Alfin asked Council if any member wished to speak to the applicants. Vice Mayor Danko asked about some applicants applying to multiple positions, and Council briefly discussed this scenario. Council Member Klufas asked for clarification regarding selecting board members from all City districts, and if District 4 is lacking a representative. Mayor Alfin asked about Mr. Orlando and whether his application is being considered. Ms. Smith responded that yes Mr. Orlando’s application was included. Council Member Pontieri had no questions. Council voted by hand in successive rounds for four members and one alternate. Council Member Pontieri, attending virtually, announced her votes by round. Mayor Alfin requested that the selections be restated and asked for a motion to appoint. Vice Mayor Danko made a motion to appoint the selections, Council Member Klufas seconded. City Council reappointed Mr. Albano, Mr. Lemon, and Ms. Shank to their respective seats. City Council appointed Mr. Stancel to Mr. Smith's seat, and appointed Mr. Decker as the alternate member. Public comment. There were none. 8. APPOINT THREE (3) MEMBERS TO THE CODE ENFORCEMENT BOARD Virginia Smith, Land Management Administrator, provided an overview of the item. Three applicants applied for three open seats. City of Palm Coast Created on 9/25/24 19 Mr. Mugford, one of three applicants, was seeking an additional term past the two-term limit, and so required a unanimous vote. Council held a discussion on the selection process, and reappointed Ms. Wright, Mr. Dodzik, and Mr. Mugford. Public comment. There were none. 9. APPOINT TWO (2) MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE Virginia Smith, Land Management Administrator, provided an overview of the item. Two applicants applied for two open seats. Council held a discussion on the selection process, and appointed Ms. Baker and Ms. MacKroy. Public comment. Terri Baker spoke about the purpose of the Affordable Housing Advisory Committee and its function in Palm Coast. H. ORDINANCES FIRST READ 10. ORDINANCE 2024-XX AMENDING SECTION 25-52, LOCAL AMENDMENT TO FIRE PREVENTION CODE RELATING TO BURNING City Attorney Marcus Duffy read the item into the record. Chief Berryhill provided an overview of the item to Council. Mayor Alfin asked if this ordinance would help the City and shared that he did not want to set false expectations. Chief Berryhill responded to questions from Council. Council discussed the issue and expressed frustration about the lack of action within the ability of Council to take on this issue, and lack of Home Rule. Council Memeber Pontieri shared that she is still exploring this issue. Public comment There were none. Council approved unanimously with a voice vote. Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri I. CONSENT City of Palm Coast Created on 9/25/24 20 Council Member Pontieri thanked Mr. Doug Akins, Director of Information Technology, and City Attorney Marcus Duffy for their work on amending the contract with Diamond Towers. Public comment There were none. 11. RESOLUTION 2024-XX APPROVING AN OPTION AND GROUND LEASE AGREEMENT WITH DIAMOND TOWERS V, LLC FOR THE CONSTRUCTION OF A TELECOMMUNICATIONS TOWER AT 100 PARK SQUARE 12. RESOLUTION 2024-XX APPROVING PIGGYBACKING TIPS CONTRACT #240501 WITH CINTAS COPORATION NO. 2 FOR FIRE SUPPRESSION SYSTEMS MAINTENANCE AND REPAIRS 13. RESOLUTION 2024-XX APPROVING MASTER SERVICES AGREEMENT FOR A COMPREHENSIVE ANALYSIS OF COMMERCIAL SOLID WASTE HAULING 14. RESOLUTION 2024-XX APPROVING MASTER SERVICES AGREEMENTS WITH MULTIPLE FIRMS FOR CONSTRUCTION INSPECTION AND ENGINEERING SERVICES 15. RESOLUTION 2024-XX APPROVING THE PURCHASE OF MATERIALS, EQUIPMENT, CONSULTING SERVICES, AND RELATED EXPENSES TO THE UPDATE OF THE CITY’S TIME AND ATTENDANCE PLATFORM 16. RESOLUTION 2024-XX APPROVING A CONTRACT WITH ESRI TO PURCHASE AN ENTERPRISE AGREEMENT FOR ESRI SOFTWARE Council approved unanimously with a voice vote. 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 apologized for her absence due to Covid. Council Member Pontieri also discussed the Flagler Humane Society and capacity issues, the Board of County Commissioners (BOCC) meeting concerning the Humane Society, and that the BOCC is looking for a letter of support for their request to the State for appropriations. Council Member Pontieri asked for Council support. Mayor Alfin asked about the participation of the Flagler County Sheriff’s office. City of Palm Coast Created on 9/25/24 21 Mayor Alfin, Vice Mayor Danko, and Council Member Klufas lent their support, and Mayor Alfin asked Council Member Pontieri to work with Ms. Johnston to draft a letter of support. 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 17. EMERGENCY AND SOLE SOURCE REPORT FOR AUGUST 2024 Ms. Johnston highlighted the emergency and sole source purchases and asked if Council had any questions. Ms. Johnston also reminded Council that today is Food Truck Tuesday, supporting the Pink Army and Breast Cancer Awareness, and that this Saturday is the Waterway Cleanup, beginning at 8:00 a.m. at the Community Center. Ms. Johnston reminded Council that they will be reconvening at 1:00 p.m. for interviews with the District 4 applicants. Mayor Alfin asked about the interview process, and reiterated that the interviews would need to be completed by 5:00 p.m. due to the PLDRB meeting scheduled for 5:30 p.m. Council discussed public comment during the District 4 item, the voting process for selecting the District 4 Council Member, ways to narrow the candidate pool, and the number of votes needed to approve. Mr. Duffy agreed to research the number of votes to approve and report back to Council. Council continued to discuss the process and concurred on reducing the candidate pool at the October 24, 2024, Workshop with a vote for their top three candidates for further discussion. N. ADJOURNMENT Adjourned at 10:40 a.m. Respectfully submitted by: Alison Palmer Deputy City Clerk City of Palm Coast Created on 9/25/24 22

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, September 17, 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 1. PROCLAMATION - OCTOBER 2024 AS “RAISE THE PINK FLAG WITH THE PINK ARMY” MONTH IN SUPPORT OF BREAST CANCER AWARENESS 2. PROCLAMATION - SEPTEMBER 2024 AS NATIONAL RECOVERY MONTH 3. PROCLAMATION - SEPTEMBER 2024 AS SUICIDE PREVENTION MONTH City of Palm Coast Created on 9/11/2024 1 4. PROCLAMATION - SEPTEMBER 15, 2024, TO OCTOBER 15, 2024, AS HISPANIC HERITAGE MONTH 5. PROCLAMATION - STORMWATER AWARENESS WEEK SEPTEMBER 23-27, 2024 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 6. MINUTES OF THE CITY COUNCIL: SEPTEMBER 3, 2024, BUSINESS MEETING SEPTEMBER 5, 2024, BUDGET MEETING SEPTEMBER 10, 2024, WORKSHOP MEETING G. APPOINTMENTS 7. APPOINT FOUR (4) MEMBERS AND ONE (1) ALTERNATE MEMBER TO THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD City of Palm Coast Created on 9/11/2024 2 8. APPOINT THREE (3) MEMBERS TO THE CODE ENFORCEMENT BOARD 9. APPOINT TWO (2) MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE H. ORDINANCES FIRST READ 10. ORDINANCE 2024-XX AMENDING SECTION 25-52, LOCAL AMENDMENT TO FIRE PREVENTION CODE RELATING TO BURNING I. CONSENT 11. RESOLUTION 2024-XX APPROVING AN OPTION AND GROUND LEASE AGREEMENT WITH DIAMOND TOWERS V, LLC FOR THE CONSTRUCTION OF A TELECOMMUNICATIONS TOWER AT 100 PARK SQUARE 12. RESOLUTION 2024-XX APPROVING PIGGYBACKING TIPS CONTRACT #240501 WITH CINTAS COPORATION NO. 2 FOR FIRE SUPPRESSION SYSTEMS MAINTENANCE AND REPAIRS 13. RESOLUTION 2024-XX APPROVING MASTER SERVICES AGREEMENT FOR A COMPREHENSIVE ANALYSIS OF COMMERCIAL SOLID WASTE HAULING 14. RESOLUTION 2024-XX APPROVING MASTER SERVICES AGREEMENTS WITH MULTIPLE FIRMS FOR CONSTRUCTION INSPECTION AND ENGINEERING SERVICES 15. RESOLUTION 2024-XX APPROVING THE PURCHASE OF MATERIALS, EQUIPMENT, CONSULTING SERVICES, AND RELATED EXPENSES TO THE UPDATE OF THE CITY’S TIME AND ATTENDANCE PLATFORM 16. RESOLUTION 2024-XX APPROVING A CONTRACT WITH ESRI TO PURCHASE AN ENTERPRISE AGREEMENT FOR ESRI SOFTWARE 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 17. EMERGENCY AND SOLE SOURCE REPORT FOR AUGUST 2024 N. ADJOURNMENT City of Palm Coast Created on 9/11/2024 3 18. AGENDA WORKSHEET AND CALENDAR City of Palm Coast Created on 9/11/2024 4 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: PROCLAMATION - OCTOBER 2024 AS “RAISE THE PINK FLAG WITH THE PINK ARMY” MONTH IN SUPPORT OF BREAST CANCER AWARENESS Presenter: Mayor and City Council Attachments: 1. Proclamation Background: AdventHealth requests that the City of Palm Coast proclaim October 2024 as “Raise The Pink Flag With The Pink Army” Month in support of breast cancer awareness. Recommended Action: PROCLAIM OCTOBER 2024 AS “RAISE THE PINK FLAG WITH THE PINK ARMY” MONTH IN SUPPORT OF BREAST CANCER AWARENESS 5 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: PROCLAMATION - SEPTEMBER 2024 AS NATIONAL RECOVERY MONTH Presenter: Mayor and City Council Attachments: 1. Proclamation Background: Flagler Open Arms Recovery Services (OARS) has requested a proclamation for September 2024 in honor of National Recovery Month. Recommended Action: PROCLAIM SEPTEMBER 2024 AS NATIONAL RECOVERY MONTH 7 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: PROCLAMATION - SEPTEMBER 2024 AS SUICIDE PREVENTION MONTH Presenter: Mayor and City Council Attachments: 1. Proclamation Background: Flagler Open Arms Recovery Services (OARS) has requested a proclamation for September 2024 in honor of Suicide Prevention Month. Recommended Action: PROCLAIM SEPTEMBER 2024 AS SUICIDE PREVENTION MONTH 9 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: PROCLAMATION - SEPTEMBER 15, 2024, TO OCTOBER 15, 2024, AS HISPANIC HERITAGE MONTH Presenter: Mayor and City Council Attachments: 1. Proclamation Background: The City of Palm Coast would like to proclaim September 15, 2024, to October 15, 2024, as Hispanic Heritage Month. Recommended Action: PROCLAIM SEPTEMBER 15, 2024, TO OCTOBER 15, 2024, AS HISPANIC HERITAGE MONTH 11 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: PROCLAMATION - STORMWATER AWARENESS WEEK SEPTEMBER 23-27, 2024 Presenter: Mayor and City Council Attachments: 1. Proclamation Background: The City of Palm Coast would like to proclaim the week of September 23-27, 2024, as Stormwater Awareness Week. Recommended Action: PROCLAIM THE WEEK OF SEPTEMBER 23-27, 2024, AS STORMWATER AWARENESS WEEK 13 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: MINUTES OF THE CITY COUNCIL: SEPTEMBER 3, 2024, BUSINESS MEETING SEPTEMBER 5, 2024, BUDGET MEETING SEPTEMBER 10, 2024, WORKSHOP MEETING Presenter: Kaley Cook, City Clerk Attachments: 1. Minutes (3) Background: Recommended Action: APPROVE MINUTES OF THE CITY COUNCIL: SEPTEMBER 3, 2024, BUSINESS MEETING SEPTEMBER 5, 2024, BUDGET MEETING SEPTEMBER 10, 2024, WORKSHOP MEETING 15 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: APPOINT FOUR (4) MEMBERS AND ONE (1) ALTERNATE MEMBER TO THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD Presenter: Virginia Smith, Land Management Administrator Attachments: 1. Applications (9) Background: The terms of four (4) regular board members will expire on September 30, 2024. There is also one (1) alternate member position open due to a resignation. This item is for City Council to appoint four (4) regular board members and one (1) alternate to the Planning and Land Regulation Board (PLDRB). Three (3) of the four (4) open regular seats are held by applicants who wish to be reappointed. Pursuant to State law, the PLDRB is designated as the local planning agency. Responsibilities of the PLDRB include making recommendations to the City Council regarding the Comprehensive Plan, Land Development Code, and development applications. Further, the PLDRB acts as final authority (subject to appeal to the City Council) on special exceptions. Section 2-2(a)(1) of the City’s Code of Ordinances says, “All appointees shall be limited to two consecutive terms of office on the same body unless the City Council by a four-fifths vote determines that it is in the best interests of the City to appoint a person to a term of office exceeding that limitation.” Section 2-2(a)(5) of the City's Code of Ordinances provides, “In appropriate circumstances the City Council shall make every reasonable effort to ensure that City Council Districts are as equally represented as practicable; provided, however, that the City's local planning agency (Planning and Land Development Regulation Board) shall have at least one appointed from each City Council District.” Staff received nine (9) applications for all of the open positions. Staff advertised in various ways on multiple occasions, including advertising in the media, on social media sites, email to past Citizen Academy graduates, and on the City’s website. The necessary background screenings of all applicants have been conducted. The results are available in Human Resources. Since there are members appointed from Districts 1, 2, and 3 continuing to serve, City Council shall make every reasonable effort to appoint from District 4, to ensure the Council districts are equally represented as practicable, provided, however, that the City's local planning agency (Planning and Land Development Regulation Board) shall have at least one appointed from each City Council District. 50 CURRENT BOARD DISTRICT OCCUPATION MEMBERS James Albano 1 Building Contractor David Ferguson 3 Corporate Executive Hung Hilton 2 Solutions Architect (IT) Charles Lemon 2 Retired Engineer Suzanne Nicholson 2 President of Consulting, Design, and Inspiration Sandra Shank 4 Realtor Clint Smith 2 Project Manager Larry Gross (alternate) 2 Systems Engineer (IT) Sybil Dodson Lucas 4 Retired Govt. Manager (alternate)** POSITIONS FOR DISTRICT OCCUPATION APPOINTMENT James Albano* 1 Building Contractor Charles Lemon* 2 Retired Engineer Sandra Shank* 4 Realtor Clint Smith 2 Project Manager Sybil Dodson Lucas 4 Retired Govt. Manager (alternate)** APPLICATIONS DISTRICT OCCUPATION James Albano* 1 Building Contractor Charles Lemon* 2 Retired Engineer Sandra Shank* 4 Realtor Garret Decker 3 Broker Paulette Hatfield 2 Travel Agency Owner Zachary Marciano 4 Retired CPG Sales Brandon Orlando 3 Lead Manager (IT) Dana Mark Stancel 3 Retired U.S. Postal Carrier Jeanne Spurr 4 Retired CEO Non-Profit *Applicants currently serve as board members and would like to be appointed as a regular member. **Applicant served as the alternate and has resigned her position. Recommended Action: APPOINT FOUR (4) MEMBERS AND ONE (1) ALTERNATE MEMBER TO THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD 51 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department COMMUNITY DEVELOPMENT Amount Division CODE ENFORCEMENT Account # Subject: APPOINT THREE (3) MEMBERS TO THE CODE ENFORCEMENT BOARD Presenter: Virginia Smith, Land Management Administrator Attachments: 1. Applications (3) Background: The terms of three regular Code Board Members, Andrew Dodzik, Norman Mugford, and Geraldine Wright will expire September 30, 2024. All three members would like to be reappointed. However, Mr. Mugford will require a four-fifths vote to be reappointed. Code of Ordinances Section 2-202 - Intent. It is the intent of this division (Code Enforcement Board), to promote, protect and improve the health, safety and welfare of the citizens of the City by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any codes and ordinances in force in the City, where a pending, or repeated violation continues to exist. Section 2-205 - Code Enforcement Board Organization. (a) Members; qualifications. The City Council shall appoint a Code Enforcement Board with seven regular members and two alternate members who shall vote only when a regular member is unable to attend a meeting or hear a particular case or does not sit during a particular time of a meeting, which alternate members may attend meetings and sit without participating or voting with regard to other hearings. Each member shall be confirmed by the entire City Council Members of the Enforcement Board shall be residents of the City and appointments shall be made on the basis of experience or interest in the subject matter jurisdiction of the Code Enforcement Board in the sole discretion of the City Council. The composition of the Enforcement Board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor. Section 2-2(a)(1) says, “All appointees shall be limited to two consecutive terms of office on the same body unless the City Council by a four-fifths vote determines that it is in the best interests of the City to appoint a person to a term of office exceeding that limitation.” Under Florida Statute 162.05(3)(b)(3), Code Enforcement Board terms are for three years. Advertisements were published in the Flagler News-Tribune, the Palm Coast Observer, posted on the City’s website and social media sites. 114 POSITIONS FOR DISTRICT TERM EXPIRES OCCUPATION APPOINTMENT Dodzik, Andrew 4 2024 Civil Engineer Mugford, Norman 4 2024 Alarm Co. Wright, Geraldine 3 2024 Office Chief CAFDOT APPLICATIONS DISTRICT TERM EXPIRES OCCUPATION *Dodzik, Andrew 4 2024 Civil Engineer **Mugford, Norman 4 2024 Alarm Co. *Wright, Geraldine 3 2024 Office Chief CAFDOT *All applicants would like to be reappointed. **Mr. Mugford has completed 4 terms and would like to be reappointed to the board. However, Mr. Mugford would require a four-fifths vote to be reappointed to the board. Background screening has been performed on all applicants; the reports are available in the Human Resources department. Recommended Action: APPOINT THREE (3) MEMBERS TO THE CODE ENFORCEMENT BOARD 115 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: APPOINT TWO (2) MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE Presenter: Virginia Smith, Land Management Administrator Attachments: 1. Applications (2) Background: The Flagler County Affordable Housing Advisory Committee has an opening on the board. In 2009, the City and County entered into an Interlocal Agreement regarding The Affordable Housing Advisory Committee. The Agreement states “as vacancies occur, the City and County shall share in the appointment of members to fill those seats.” It is the City of Palm Coast’s opportunity to appoint two members to this Committee. Section 420.9076, Fla. Stat., provides the AHAC guidelines, including the qualifications of the membership. One representative from at least six of the categories below must be met to be appointed: (a) A citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) A citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) A citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) A citizen who is actively engaged as a for-profit provider of affordable housing. (f) A citizen who is actively engaged as a not-for-profit provider of affordable housing. (g) A citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process. 135 (i) A citizen who resides within the jurisdiction of the local governing body making the appointments. (j) A citizen who represents employers within the jurisdiction. (k) A citizen who represents essential services personnel, as defined in the local housing assistance plan. For the two vacant seats, there are currently only 6 categories represented, with the following categories not filled: • A citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. • A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process. • A citizen who resides within the jurisdiction of the local governing body making the appointments. • A citizen who represents employers within the jurisdiction. Per statute, the committee does not require all categories filled, and may have more than one member fill a category. Two applications were received for the vacant positions from Theresa Baker and Tamara MacKroy. This committee meets the 4th Tuesday every month at the Emergency Operations Center, Training Room B, 1769 E Moody Blvd Bldg 3, Bunnell, FL 32110 at 3 p.m. Recommended Action: APPOINT TWO (2) MEMBERS TO THE FLAGLER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE 136 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department PUBLIC SAFETY Amount Division FIRE Account # Subject: ORDINANCE 2024-XX AMENDING SECTION 25-52, LOCAL AMENDMENT TO FIRE PREVENTION CODE RELATING TO BURNING Presenter: Kyle Berryhill, Fire Chief Attachments: 1. Ordinance Background: Council Priority: D. Sustainable Environment and Infrastructure UPDATED BACKGROUND FROM THE SEPTEMBER 10, 2024 WORKSHOP MEETING: City Council received a presentation on the item at the September 10, 2024, Workshop Meeting. No changes have been made to the item. ORIGINAL BACKGROUND FROM THE SEPTEMBER 10, 2024, WORKSHOP MEETING: Due to Palm Coast Fire Department hearing consistently from citizens on the issue of land development clearing pile burning, City staff has worked to develop a presentation for City Council with options for what actions they may take to restrict or prohibit pile burning within the City. Recommended Action: ADOPT ORDINANCE 2024-XX AMENDING SECTION 25-52, LOCAL AMENDMENT TO FIRE PREVENTION CODE RELATING TO BURNING 155 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department INFORMATION TECHNOLOGY Amount Division Account # Subject: RESOLUTION 2024-XX APPROVING AN OPTION AND GROUND LEASE AGREEMENT WITH DIAMOND TOWERS V, LLC FOR THE CONSTRUCTION OF A TELECOMMUNICATIONS TOWER AT 100 PARK SQUARE Presenter: Doug Akins, Director of Information Technology Attachments: 1. Resolution 2. Option and Ground Lease 3. AT&T Letter of Interest Background: UPDATED BACKGROUND FROM THE SEPTEMBER 10, 2024, WORKSHOP MEETING: City Council received a presentation on this item at the September 10, 2024, Workshop Meeting. City Council requested updates to the Option and Ground Lease which are reflected in the attachment to this item. ORIGINAL BACKGROUND FROM THE SEPTEMBER 10, 2024, WORKSHOP MEETING: Diamond Towers V, LLC has requested to lease City property located at 100 Park Square (Parcel # 28-10-30-4290-00000-0130) for the purpose of constructing a 150-foot high, telecommunications facility (structure). The tower will be a monopole style tower with a full antennae array. This facility will have the capacity to accommodate at least four (4) carriers. This site is not identified in the Wireless Master Plan and will have to go before the Planning and Land Development Regulation Board for a special exception. Some of the highlights of the agreements are as follows: 1. The initial Option term is eighteen months and may be extended by two additional six-month periods. 2. Initial lease term will be five years with the option to extend for five, five-year periods, for a total of thirty years. 3. A Site Development Fee of $50,000 shall be paid to the City upon the commencement of construction of the tower (an increase of $25,000 from previous agreements). 4. The City will receive 40% of any sublease fees generated by the first tenant, and 50% for all subsequent tenants (an increase from 40% of all revenue in previous agreements). 5. Diamond Towers V, LLC will have access to the land to build a 150-foot structure and house ground equipment on the site. 160 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING AN OPTION AND GROUND LEASE AGREEMENT WITH DIAMOND TOWERS V, LLC FOR THE CONSTRUCTION OF A TELECOMMUNICATIONS TOWER AT 100 PARK SQUARE 161 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department PUBLIC WORKS Amount OVER $50K Division FACILITIES Account # MULTIPLE Subject: RESOLUTION 2024-XX APPROVING PIGGYBACKING TIPS CONTRACT #240501 WITH CINTAS COPORATION NO. 2 FOR FIRE SUPPRESSION SYSTEMS MAINTENANCE AND REPAIRS Presenter: Matthew Mancill, Director of Public Works Attachments: 1. Resolution 2. Piggyback Contract Background: Council Priority: B. Safe and Reliable Services We are asking City Council to approve the piggyback of TIPS Contract #240501 for the maintenance, repair and operations of Facilities and grounds as it relates to fire protections maintenance and repair services with CINTAS Corporation No. 2. This agreement will encompass the services for fire suppression systems maintenance & repairs throughout Citywide Facilities for the safety of the personnel within each, as well as the building. This is a critical life safety topic which is extremely important and valued. Benefits of Piggybacking: Piggybacking the contract will allow the City of Palm Coast to have the fire suppression systems maintenance and repair services with CINTAS Corporation No. 2, which has been providing satisfactory services for the City’s uniform sales, rentals, and services contract #R-BB-19002. The vendor has proven to be reliable and provides great services for the uniform services mentioned. Piggybacking also offers the advantage of obtaining better pricing compared to independently soliciting bids. By piggybacking, the City of Palm Coast can continue to receive essential fire suppression systems maintenance and repair services while benefiting from competitive pricing and streamlined procurement processes. Not only this, but the relationship between the City of Palm Coast and CINTAS Corporation No. 2 will be stronger as we will be using them for another agreed upon service – allowing each party to foster trust and rapport. As a stakeholder and buyer within this agreement, this will be beneficial for the continuous relationship as well as the streamlined services to fall under one vendor – in this case being uniform services as well as fire suppression maintenance and repairs. Contract Details: The piggybacked contract will be effective from the awarded date to August 2, 2029, with a 197 renewal option at 1 year. The piggyback contract with CINTAS Corporation No. 2. is based on a per unit price basis. Purchases will be made on an as-needed basis for repair services as well as scheduled maintenance services using budgeted funds appropriated by the City Council. Funding: There is available funding in the City's Facilities Maintenance and Facilities Fire budgets to cover the costs for FY 24 as well as FY 25. It is important to note that there is less than a month remaining in Fiscal Year 2024 thus, the source of funds for Fiscal Year 2025 requests will be reflected below: Source of Funds Worksheet FY 2025 Facilities Maintenance - Other Contractual SVCS Fund 65035012-034000 $868,200.00 Total Expended/Encumbered to Date $0.00 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $50,000.00 Balance $818,200.00 Facilities Fire - Other Contractual SVCS Fund 65035012-034000-99042 $30,500.00 Total Expended/Encumbered to Date $0.00 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $5,000.00 Balance $25,500.00 Recommended Action: RESOLUTION 2024-XX APPROVING PIGGYBACKING TIPS CONTRACT #240501 WITH CINTAS COPORATION NO. 2 FOR FIRE SUPPRESSION SYSTEMS MAINTENANCE AND REPAIRS 198 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department PUBLIC WORKS Amount OVER $50K Division RESIDENTIAL SOLID WASTE Account # 54105010-034000 COLLECTIONS DIVISION Subject: RESOLUTION 2024-XX APPROVING MASTER SERVICES AGREEMENT FOR A COMPREHENSIVE ANALYSIS OF COMMERCIAL SOLID WASTE HAULING Presenter: Matthew Mancill, Director of Public Works Attachments: 1. Resolution 2. Draft MSA Contract 3. Notice of Intent to Award 4. Project Bid Overview Background: Council Priority: B. Safe and Reliable Services The Residential Solid Waste Collections Division oversees the City of Palm Coast Solid Waste Collection Services contract. Following direction from the City Council, City staff were tasked with preparing a request for proposals (RFP) to engage a qualified consultant for a comprehensive analysis of the current Commercial Hauling Non-Exclusive Franchisee Structure. This analysis aims to assess existing practices, policies, and agreements, identify process improvements, and benchmark against other local municipalities. RFP Process: On July 24, 2024, City staff issued RFP-PW-24-13 Analysis of Commercial Solid Waste Hauling. The RFP was designed to solicit proposals from consultants capable of performing the comprehensive analysis requested by City Council. The City received two bids, both of which were deemed responsive and responsible. The Evaluation Committee reviewed and ranked the proposals in accordance with the RFP criteria and City Purchasing Policy and Procedures. After thorough evaluation, NewGen Strategies and Solutions, LLC was identified as the highest-rated bidder. Contract Award: On August 9, 2024, the Notice of Intent to Award was issued to NewGen Strategies and Solutions, LLC. Following the issuance of the notice, no protests were received, allowing the City to proceed with contract negotiations. Recommendation: City staff recommend that the City Council approve the contract with NewGen Strategies and Solutions, LLC. The contract includes the services as directed by City Council in the RFP, ensuring a comprehensive analysis of the City’s Commercial Solid Waste Hauling structure. 296 Action Required: • Approval of the contract with NewGen Strategies and Solutions, LLC for the analysis of Commercial Solid Waste Hauling. • Authorization for the City Manager to execute the contract on behalf of the City. Funding: The Fiscal Year 2024 budget includes available funding in the City's Residential Solid Waste Collections budget to cover the costs of services. Phase I is a total of $34,200.00, meanwhile, this total included in the budget is a sum of $85,000.00. Phase II will include the remaining funds of $50,800 which will be carried over to the FY 2025 budget. Source of Funds Worksheet FY 2024 Residential Solid Waste Collections Fund 54105010-034000 $15,898,956.00 Total Expended/Encumbered to Date $15,357,032.98 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $34,200.00 Balance $507,723.02 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING MASTER SERVICES AGREEMENT FOR A COMPREHENSIVE ANALYSIS OF COMMERCIAL SOLID WASTE HAULING 297 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department CONSTRUCTION MANAGEMENT Amount AS NEEDED & ENGINEERING Division ENGINEERING Account # MULTIPLE FUNDS CITYWIDE Subject: RESOLUTION 2024-XX APPROVING MASTER SERVICES AGREEMENTS WITH MULTIPLE FIRMS FOR CONSTRUCTION INSPECTION AND ENGINEERING SERVICES Presenter: Carl Cote, Director of Stormwater & Engineering Attachments: 1. Resolution 2. Draft Contracts 3. Notice of Intent to Award 4. Project Overview Background: Council Priority: B. Safe and Reliable Services The City of Palm Coast utilizes professional construction Inspection engineering services (CEI) for capital improvement projects on a regular basis. Staff advertised a Request for Qualifications RFSQ-SWE-24-12. In accordance with the City’s Purchasing Policy and Florida Statutes, specifically the Consultants’ Competitive Negotiation Act, City staff received qualification packages from four 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. After reviewing the qualifications, staff ranked and are recommending contract award to the top four (4) firms as follows: Firm Name • Consor Engineers, LLC • England-Thims & Miller, Inc. • GAI Consultants, Inc. • RS&H, Inc. City staff will review and negotiate proposals as services are needed and in accordance with the City’s Purchasing Policy. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING MASTER SERVICES AGREEMENTS WITH MULTIPLE FIRMS FOR CONSTRUCTION INSPECTION AND ENGINEERING SERVICES 326 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department INFORMATION TECHNOLOGY Amount $66,000 Division Account # 65052525-064000-99080 Subject: RESOLUTION 2024-XX APPROVING THE PURCHASE OF MATERIALS, EQUIPMENT, CONSULTING SERVICES AND RELATED EXPENSES TO THE UPDATE OF THE CITY’S TIME AND ATTENDANCE PLATFORM Presenter: Doug Akins, Director of Information Technology Attachments: 1. Resolution 2. Kronos Upgrade Quote 3. Telestaff Upgrade Quote Background: Council Priority: B. Safe and Reliable Services The City of Palm Coast uses Kronos (UKG) as its Time and Attendance platform for keeping track of employee’s schedules, hours worked, and time off. The version of UKG we are on goes out of support in December 2025, and most of the physical time clocks we use with UKG reach end of life in October 2025. We need to migrate off these legacy platforms before they reach end of life and are anticipating a minimum six-month migration process. City staff uses 3 different Time and Attendance platforms: UKG’s new cloud platform, Tyler’s platform (the City uses Tyler for its Financials and Enterprise Asset Management), and NeoGov’s platform. After evaluation, staff recommends upgrading the existing Kronos platform to UKG’s cloud solution. The Fire Department uses a platform integrated into UKG called Telestaff for scheduling which also requires a migration to the new UKG platform. Annual maintenance cost for UKG will be $41,785.20, and annual maintenance for Telestaff will be $6,720. The FY 25 approved budget contains $135,678.00 dollars for the upgrade of our ERP platforms. ESTIMATED PROJECT COST UKG/Kronos Upgrade $56,000.00 Telestaff Upgrade $10,000.00 Total Project $66,000.00 412 SOURCE OF FUNDS WORKSHEET FY 2025 ERP Critical Upgrades 65052525-064000-99080 $135,678.00 Total Expended/Encumbered to Date $0.00 Pending Work Orders/Contracts $0.00 Current Project $66,000.00 Balance $69,678.00 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING THE PURCHASE OF MATERIALS, EQUIPMENT, CONSULTING SERVICES AND RELATED EXPENSES TO THE UPDATE OF THE CITY’S TIME AND ATTENDANCE PLATFORM 413 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department INFORMATION TECHNOLOGY Amount $175,500 Division Account # 65052525-051020 Subject: RESOLUTION 2024-XX APPROVING A CONTRACT WITH ESRI TO PURCHASE AN ENTERPRISE AGREEMENT FOR ESRI SOFTWARE Presenter: Doug Akins, Director of Information Technology Attachments: 1. Resolution 2. ESRI Enterprise Agreement Background: Council Priority: B. Safe and Reliable Services GIS plays an important role in maintaining, analyzing, and collecting geographical data for the City. City Council recently adopted a priority of certification for GIS staff, underscoring the importance of GIS’ function within the City. GIS is responsible for mapping the City of Palm Coast utilizing advanced, geographical data software. The software is utilized for various functions throughout the City including mapping of the Stormwater and Utility networks, disaster preparation and response, rights-of-way and easements, and more. The City of Palm Coast has maintained a GIS division within the IT Department since 2004, and has utilized Esri software, a sole source provider, since then. Esri has been the industry standard for GIS for governments, including the State of Florida since well before 2004. Esri, as an owner and manufacturer, provides software maintenance (technical support plus Esri software updates/upgrades) for Esri products. This contract is to provide licenses to Esri software, including maintenance, according to the terms of the Enterprise Agreement (EA) for the term of the agreement. The contract with the vendor is for a period of 3 years, with a total contract value of $175,500 and annual costs of $58,500. The existing Enterprise Agreement contract with Esri expires on October 31, 2024. The first payment for this contract will be in FY25 and funds for this are included in the FY25 budget. SOURCE OF FUNDS WORKSHEET FY 2025 Information Technology Fund – Internal 65052525-051020 $2,363,463.00 Total Expended/Encumbered to Date $0.00 Pending Work Orders/Contracts $0.00 Current FY Cost $58,500.00 Balance $2,304,963.00 429 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A CONTRACT WITH ESRI TO PURCHASE AN ENTERPRISE AGREEMENT FOR ESRI SOFTWARE 430 City of Palm Coast, Florida Agenda Item Agenda Date: September 17, 2024 Department FINANCIAL SERVICES Amount Division Account # Subject: REPORTING OF EMERGENCY AND SOLE SOURCE REPORT FOR AUGUST 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 August 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 440

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