City Council Business Meeting

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 Charles Gambaro Council Member Nick Klufas Council Member Theresa Pontieri Tuesday, October 1, 2024 6:00 PM 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/@PalmCoastFL.  It is proper meeting etiquette to silence all electronic devices, including cell phones while meeting is in session.  Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to hire a court reporter to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. A. CALL TO ORDER Mayor Alfin called the meeting to order at 6:00 p.m. B. PLEDGE OF ALLEGIANCE TO THE FLAG AND A MOMENT OF SILENCE C. ROLL CALL City Clerk Kaley Cook called the roll. All members were present. D. PROCLAMATIONS 1. PROCLAMATION - OCTOBER 2024 AS DISABILTY EMPLOYMENT AWARENESS MONTH City of Palm Coast Created on 10/8/24 68  Council Member Klufas presented the Proclamation to members of the community. Ebru Snodgrass, Flagler County Schools Transition Specialist, shared comments, thanks for the Proclamation, and details of the program. 2. PROCLAMATION - OCTOBER 2024 AS DOWN SYNDROME AWARENESS MONTH Council Member Klufas presented the Proclamation to members of the community. Palm Coast Down Syndrome Association shared comments about those in attendance, the association, and about upcoming events. City Council moved to item 4 of the agenda. 3. PROCLAMATION - THE WEEK OF OCTOBER 6, 2024, AS FIRE PREVENTION WEEK The item was heard after item 4 of the agenda. Council Member Pontieri presented the Proclamation to Palm Coast Fire Department staff. Katelyn Baller, Driver/Engineer and Coordinator of public education and fire prevention expressed gratitude for the Proclamation and shared about fire prevention. Kyle Berryhill, Fire Chief, shared comments and thanks. 4. PROCLAMATION - THE WEEK OF OCTOBER 7, 2024, AS CUSTOMER SERVICE WEEK The item was heard after item 2. Council Member Klufas presented the Proclamation to Customer Service staff. Lisa Asbill, Customer Service Supervisor, shared comments and thanks. City Council moved to item 3 of the agenda. 5. PROCLAMATION - OCTOBER 1, 2024, AS CITIZENS ACADEMY ALUMNI AMBASSADOR APPRECIATION DAY Council Member Pontieri presented the Proclamation to Citizens Academy Alumni. City of Palm Coast Created on 10/8/24 69  Alumni of the Citizens Academy shared thanks, details of Citizens Academy, and about upcoming events. Mayor Alfin recognized Mr. Fuller for his efforts. 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. Mayor Alfin shared the rules and procedures for public comment. Eric Joston was disappointed that the prior meeting was cancelled and shared a list from the Canal Community Coalition regarding short-term rentals, which has been attached to these minutes. Jeffery Seib discussed the 2025 budget, composition of the funds within the budget, the need for a robust commercial business element, reserves and investment portfolio, encouraged investment portfolio dollars in the general fund, financial state of golf courses, city venues, borrowing limit referendum and believed it would be helpful to know how the amount and term of the note would affect tax rates, and was not in support of the referendum. Ed Fuller, who spoke on behalf of Tiger Bay Club, shared about a recent candidate forum at the Palm Coast Community Center, recognized Community City of Palm Coast Created on 10/8/24 70  Center staff, and shared that it is wonderful to be associated with people who take pride in what they do. George Mayo discussed the recent Hurricane Helene, asked about sandbag availability, requested that staff publish the City of Palm Coast locations, and asked why sandbags were not available in Palm Coast. F. MINUTES 6. MINUTES OF THE CITY COUNCIL: SEPTEMBER 17, 2024, BUSINESS MEETING SEPTEMBER 17, 2024, SPECIAL WORKSHOP MEETING SEPTEMBER 25, 2024, BUDGET HEARING Pass Motion made to approve September 17, 2024, Business Meeting minutes by Vice Mayor Danko and seconded by Council Member Klufas Motion made to approve September 17, 2024, Special Workshop Meeting minutes by Vice Mayor Danko and seconded by Council Member Klufas Motion made to approve September 25, 2024, Budget Hearing 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. APPOINTMENT 7. APPOINTMENT TO THE CITY COUNCIL DISTRICT SEAT 4 VACANCY Mayor Alfin shared that a process had been previously outlined and welcomed a motion at any point during the item. Council Member Klufas asked for a response to the question regarding sandbags. Ms. Johnston provided the sandbag locations and where information was shared. Mayor Alfin requested to include the information on television. Ms. Johnston provided the process of this item. The City Council voted on their top 3 candidates, with Mr. Boyer and Mr. Gambaro receiving 3 votes each, and Mr. Bogges, Mr. Maroosis, Mr. Nakabaale, and Ms. Rodriguez, receiving 1 vote each. Vice Mayor Danko asked when the item would be open to public comment. City of Palm Coast Created on 10/8/24 71  Council Member Pontieri advocated for public comment at this point, Council concurred. Public Comment: Nick Champion, Vice President of the International Brotherhood of Police Officers, which represents the Flagler County deputies, shared support and endorsement for Mr. Boyer. Diana Maclemore shared support for Mr. Boyer. Jeffery Seib applauded the number of applicants, discussed the process of appointing rather than voting, City Charter, voter choice, future City Council potential to terminate the appointment, and recommended a brief appointment until a special election could be held. Nick Desantis shared support for Mr. Boyer, sharing his experience and love for the County. James Deen shared that he watched the interviews for the vacant seat, agreed with the Council on the top candidates of Mr. Boyer and Mr. Gambaro, discussed the candidates and that residents are opposed to developments and projects. Eddie Lang, resident of District 4, applauded the City Council's selection, shared support for Ms. Shank, and was disappointed that she was not on City Council's list. Wendy Trimarche, new Flagler County resident, and long-term board member and past Vice President of the Vero Beach and Indian River County Humane Society, thanked Council for not considering Mr. Lyon, sharing his bias for the Flagler County Humane Society, animal cruelty charges for an animal control officer, and submitted pictures which have been attached to these minutes. Kate Gable was disappointed that Ms. Shank did not receive any votes, shared about the local accomplishments of Ms. Shank, and asked Council to reconsider. Olga Wingard expressed disappointment for Ms. Shank not being listed and shared about the things that Ms. Shank advocates for. Sandra Shank thanked those for sharing support, highlighted that this shows how political the position is, and hoped that the community is paying attention. Kathy Austrino was incredibly disappointed and shocked that Ms. Shank did not receive any support and did not support that people moved into the district to run for the seat. George Mayo, resident of District 4, spoke of his attendance at the interviews, and shared support for Ms. Shank and and Mr. Boyer. Celia Pugliese, long-time resident of Palm Coast, shared support for Mr. Boyer and Mr. Gambaro and asked whoever is elected to remember to lobby for the residents. City of Palm Coast Created on 10/8/24 72  Ed Fuller congratulated all of the applicants for seeking appointment, asked Council to consider what separates the two candidates, and shared support for Mr. Boyer as a known individual in Tallahassee. Mark Stancel discussed the tough decision and suggested that it be made mandatory that the appointed candidate through Citizens Academy. Vice Mayor Danko shared concern for Mr. Boyer relocating to the district, lack of support from Paul Renner, Speaker of the House, was concerned for life experience, and shared support for Mr. Gambaro. Council Member Pontieri made a motion to appoint Darryl Boyer and responded to the comments of Vice Mayor on moving into the city district, local representation, and institutional knowledge, representing the needs of residents, and felt Mr. Boyer to be the proper choice. The motion was seconded by Council Member Klufas. Council Member Klufas believed that Mr. Boyer would do well in the seat, and that the success of Council is a function of diversity and valuing different perspectives. Council Member Klufas shared support for the resume and accomplishments of Mr. Gambaro and discussed the needs of City Council in the immediate future, and wanted to see how Council weighs the considerations. Council Member Pontieri sought to make it clear that she wanted this to be as democratic a process as possible, discussed the need for someone in the seat, believed that Mr. Boyer getting thousands of votes from the community was important and shouldn’t be overlooked, and wanted to recognize that he has already been chosen by many residents. Council Member Pontieri thanked the other candidates and told Ms. Shank that she is needed on the Planning & Land Development Regulation Board (PLDRB). Mayor Alfin thanked all of the applicants, shared that his focus is entirely on the search and selection of an exceptional City Manager, discussed the Charter and the organization of the City, that the City Manager will accomplish the items that the residents want, and that he will vote for a candidate who he believes can make the best selection for a City Manager in the future. Vice Mayor Danko appreciated Council Member Pontieri's comments regarding knocking on doors, discussed the results of a recent election, encouraged Mr. Boyer to run again in the future, and shared that he has to lean towards the candidate with more experience. Council Member Pontieri responded that experience is subjective, discussing the difference between local versus national experience, discussed the selection of a City Manager, and the Council’s role in being the mouthpiece of the residents, and believed that Mr. Boyer’s local experience trumps the White House experience of Mr. Gambaro. City of Palm Coast Created on 10/8/24 73  Council Member Klufas was worried about the topic becoming political, did not believe that Mr. Gambaro is associated with the political circles, and believed that to be a good thing, in keeping politics out of local government. Council Member Klufas asked Council if they agree that the City Manager selection is the most important decision on the forefront of the new City Council Members. Council Member Klufas asked what level of vote would be needed for the appointment. Mayor Alfin responded 3 votes, and asked Mr. Duffy to weigh in on the topic. Mr. Duffy responded that the Charter requires a majority vote, which is 3. Council Member Klufas sought to come to a consensus before the vote. Discussion was held on motion and meeting procedures. Council Member Klufas sought further discussion to seek consensus on the appointment. Mayor Alfin responded that the vote has not been called and that Council can continue discussion. Council Member Pontieri responded to Council Member Klufas that she believes the Council’s hiring of a City Manager is the most important decision, discussed the need for someone with a fresh set of eyes, and believed that the Council appointment should be in touch with the community, finding Mr. Boyer to be more in touch with community needs. Vice Mayor Danko disagreed with the comments of Council Member Pontieri, sharing that Mr. Gambaro has lived here a long time, has a lot of experience, and believes his skills will lend much to the selection of a new City Manager. Discussion was held on Mr. Boyer’s age, his age as a benefit, diversity, and responses during the candidate interviews. Mayor Alfin appreciated the comment about politics, needing a fresh set of eyes, an unaligned Council Member, that he will base the decision on the selection of a City Manager, representing the community with no ties, and sharing concern for influence and direction. Council Member Klufas believed that both candidates would do a fine job, that there are values for both candidates, and shared support for both candidates. Mayor Alfin called for a roll call vote. The motion tied 2-2, with Vice Mayor Danko and Mayor Alfin dissenting. The motion failed for lack of a majority. Vice Mayor Danko made a motion to nominate Charles Gambaro to the vacant seat. The motion was seconded by Council Member Klufas. City of Palm Coast Created on 10/8/24 74  Council Member Pontieri shared a Sunshine violation and looked to the City Attorney for guidance. Attorney Duffy asked to receive the email so that he can review the situation and provide a recommendation. Mayor Alfin asked if this affects the current process. Council Member Klufas shared details of the email. City Council held discussion on the email, the response, and the intent provided at a prior Council Workshop. Mayor Alfin asked Attorney Duffy if he should ask if the information affects their vote. Attorney Duffy responded and explained that letting Council Members know how you intend to vote is a Sunshine violation. Mayor Alfin responded that the question that still remains is if the Sunshine violation affects each Council Member’s vote. Mr. Duffy responded that he does not have enough facts to make the conclusion at this time. Mayor Alfin asked each Council Member if they feel like their vote is being influenced by the email as referenced. Vice Mayor Danko responded that he was unaware that he replied to all and that he made his position obvious, shared conversations with Mr. Boyer, and that the reply was not intentional. Council Member Pontieri responded that she does not believe it was done intentionally and believed that there may be an effect to the results of the tally. Each Council Member replied that it did not affect their decision. Pass Motion made to appoint Charles Gambaro to the District 4 Seat by Vice Mayor Danko and seconded by Council Member Klufas Approved - 3 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas Denied – 1 – Council Member Pontieri H. OATH OF OFFICE City of Palm Coast Created on 10/8/24 75  8. OATH OF OFFICE FOR THE NEWLY APPOINTED COUNCIL MEMBER TO THE DISTRICT 4 VACANT SEAT Kaley Cook, City Clerk, conducted the Oath of Office for Mr. Gambaro. Mr. Gambaro shared welcome comments. I. PRESENTATIONS 9. PRESENTATION - COMMUNITY CENTER PARKING LOT DESIGN AND EXPANSION UPDATE Ms. Johnston reminded City Council that the item aligns with the City Council Strategic Action Plan. Mr. Gebo, Architect III, presented the topic to City Council. Topics presented included: Community Center Master Plan, Community Center Parking Expansion, options available, timeline, and Council actions. City Council held discussion on the following topics: estimates, probable cost, importance of preserving one of the City’s oldest buildings, recommended uses, caution against paving over the basketball court, stormwater, building ownership, and coordinating a time for Council Member Gambaro to visit the location. Motion made to approve option 1 by Council Member Pontieri and seconded by Council Member Klufas Public Comment: James Deen stated that this is a result of poor planning, encouraged Council to do a deeper review of the plans, shared that he has been turned away multiple times for no parking, and encouraged taking more time to review. Kathy Reichard-Ellavsky, President of the Palm Coast Historical Society, shared about an upcoming 25th celebration of the City’s incorporation, preservation movement, need for national organization, urged Council to protect the historic fire station, to help tell the story of Palm Coast's founding to future generations, and that option 1 provides additional parking and a connection to history. Alex Maller, Vice President of the Palm Coast Historical Society and Museum, shared support for option 1 and also discussed the timeline, encouraged open- mindedness, local grants and philanthropy, the building as an asset that can be expanded, provided details of museum promotions, and encouraged preserving, expanding, and developing this asset. Cornelia Downing Manfre shared that this is the last building that ITT put up, that the building has significance and history, and supported saving the history. Kirk Whittington asked Council to strongly support the staff, discussed phasing the project, and encouraged the City to consider democracy. City of Palm Coast Created on 10/8/24 76  Nancy Crouch, Chair of the Flagler County Cultural Council, asked Council to consider the recent hurricane and loss of history and asked why we would voluntarily take down one of the oldest buildings in the City. Celia Pugliese, spoke of the meaning of the fire station and supported option 1. Daniel Hackney, President of the Palm Coast Professional Firefighters, supported the preservation of the Fire Station and urged Council to support the preservation. George Mayo supported option 2 as presented. Mark Leo shared that he is from New England, responded to a prior speaker’s comments sharing that he understands the history, and stated that we have to save the history of this area. Patsy Moden shared she was here in 1977, that she remembers the fire house, found it historic, and hoped the city would consider that. Dr. Johnson asked where the people from the east would enter. Mr. Cote provided a response on entering and traffic circulation. Dr. Johnson continued public comment and supported option 1. Vice Mayor Danko asked for clarity on the options. Mr. Cote provided the details of the options available. Vice Mayor Danko shared concerns. Council Member Pontieri believed this to be an important decision in honor of past and future residents, for Palm Coast history, believed that preservation has to start somewhere, and discussed benefits. Council Member Klufas aligned with reprogramming the facility that go beyond preserving the building to solve problems in the community, such as allowing the Historical Society to have a “home” and allowing the city to utilize the facility at Florida Park Drive. Council Member Gambaro was comfortable moving forward with option 1 and looked forward to getting thoughts and opinions from staff. Vice Mayor Danko was not opposed to moving forward, believed that the current Historical Society location at Holland Park could be better utilized, and cautioned the next Council to look at the cost. Mayor Alfin put responsibility on the Palm Coast Historical Society to increase the projection, membership, dues, and other revenue sources that the Historical Society could bring, seeking a share to the next City Council of ownership in the facility. City of Palm Coast Created on 10/8/24 77  Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Charles Gambaro, Council Member Nick Klufas, Council Member Theresa Pontieri J. ORDINANCES SECOND READ 10. ORDINANCE 2024-XX AMENDING SECTION 25-52, LOCAL AMENDMENT TO FIRE PREVENTION CODE RELATING TO BURNING Attorney Duffy read the title into the record. Mr. Kyle Berryhill, Fire Chief, provided a background of the item. Council Member Pontieri discussed the ability to regulate in a way that is not contradictory to Florida Statutes and asked for an Attorney General opinion on ways to do that. Council Member Pontieri believed that there are minor things that the City can do to encourage the use of an Air Current Incinerator (ACI) or encourage other ways of getting rid of the material. Council Member Pontieri asked if a developer or builder has to fill anything out as part of the process so that staff can know exactly when the buffers are in place and when the burning will occur and looked for the ability for the City to be more informed. Chief Berryhill responded about the predevelopment process and that staff can ask what the intention is for the material, and discussed infill lots and development, and community impacts. Mayor Alfin discussed going to the Attorney General, cost of moving the materials to a new place, and found fault with a desire to move the problem to someone else's backyard. Chief Berryhill provided land development clearing regulations. Council Member Klufas asked if there is a cost for an Attorney General opinion. Mr. Duffy replied that there is no cost. Mayor Alfin asked for the anticipated timeline. Mr. Duffy replied that he is not able to provide a timeline, as it depends on how quick a response is received from the Attorney General. Council provided consensus to seek Attorney General opinion as to whether there are regulatory steps the City can take, as long as they do not contradict the FAC. Attorney Duffy asked if Council intends to table the item until a decision is received from the Attorney General. City of Palm Coast Created on 10/8/24 78  Council Member Pontieri asked if there are any adverse risks in tabling the item. Attorney Duffy replied no. Pass Motion made to Table by Vice Mayor Danko, seconded by Council Member Gambaro Public Comment: George Mayo shared that he brought this subject up 4-6 weeks ago, believes the developers are being cheap, and believed that the 1,000 ft is not that much. Celia Pugliese agreed with Council Member Pontieri and shared the health effects. Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Charles Gambaro, Council Member Nick Klufas, Council Member Theresa Pontieri K. RESOLUTIONS 11. RESOLUTION 2024-157 APPROVING A WORK ORDER FOR A TRAFFIC CALMING PLAN AS PART OF THE RESIDENTIAL SPEED LIMIT STUDY Attorney Duffy read the title into the record. Vineesh Crawford, Traffic Engineer I, opened the item and provided a background. A consultant of Kimley-Horn presented the topic to Council. Topics presented included: scope of work, vertical deflection, horizontal deflection, lane narrowing, previous similar projects, project timeline, and Council action. Discussion was held on speed hump, mix of options, prior lane narrowing initiatives, efficacy, pilot project and seeking resident input, a request to clarify the cost, included data, support for public safety, and Palm Coast’s location within one of the most dangerous driving areas in all of Florida. Public Comment: Paulette Hatfield, who resides near Florida Park Drive, asked what it will take to get speed humps on Florida Park Drive. Steve Carr appreciated the topic and Council consideration, discussed increased traffic and speed on Florida Park Drive, and that help is needed. Celia Pugliese discussed the history of Florida Park Drive, dangers, and encouraged finding a solution. Council Member Pontieri asked about the timeline of the traffic study. City of Palm Coast Created on 10/8/24 79  Mr. Cote provided the timeline and details. Pass Motion made to approve by Council Member Klufas and seconded by Council Member Pontieri Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Charles Gambaro, Council Member Nick Klufas, Council Member Theresa Pontieri City Council moved to item 14. 12. RESOLUTION 2024-159 APPROVAL OF GUARANTEED MAXIMUM PRICE CONTRACT AMENDMENTS, FLORIDA POWER & LIGHT EASEMENTS, AND A WORK ORDER FOR INTERSECTION SIGNALIZATION DESIGN SERVICES RELATED TO THE FIRE STATION 22 & 26 PROJECT This item was heard after item 14 of the agenda. Attorney Duffy read the title into the record. Eric Gebo, Architect III, presented the topic to Council. Topics presented included: Fire station design, project funding, current construction and solar benefits, construction timeline, and Council action. Council Member Pontieri raised an issue with the design service fee for the signalization and discussed budgeting for the items not included. Mr. Cote provided a response regarding permitting, additional analysis that will be conducted, and constructor responsibilities. Council Member Pontieri asked if extra costs are anticipated for the items that are not covered. Mr. Cote responded no and provided additional details. Council Member Pontieri asked staff to kindly relay that Council will be looking at this project very closely. Council Member Gambaro asked about approval of additional costs. Mr. Cote provided a response on the process and approvals. Public Comment: Patrick Juliano, Vice President of the Palm Coast Professional Firefighters, shared support for the item, stated that it is a good team effort between City staff, administration, and firefighters. Mr. Juliano shared that if the item is approved, a groundbreaking will be held next week. City of Palm Coast Created on 10/8/24 80  Pass Motion made to approve by Vice Mayor Danko and seconded by Council Member Klufas Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Charles Gambaro, Council Member Nick Klufas, Council Member Theresa Pontieri 13. RESOLUTION 2024-161 APPROVING PROJECT & CONSTRUCTION EXPENSES PER THE INTERLOCAL AGREEMENT WITH RADIANCE COMMUNITY DEVELOPMENT DISTRICT; AND APPROVAL OF EASEMENTS, UTILITY CREDIT AGREEMENT ASSOCIATED WITH THE OLD KINGS SOUTH UTILITY IMPROVEMENTS PROJECT Attorney Duffy read the title into the record. Carl Cote, Director of Stormwater & Engineering, presented the topic to City Council. Topics presented included: timeline, service area history, Florida Governmental Utility Agency Agreement, proposed improvements, Radiance CDD Interlocal Agreement, pending and upcoming actions, easements, SUN trail program, construction contract, engineering and inspection services, management fees, miscellaneous expenses, contingency, and project funding. Council Member Pontieri asked about the management fee. Mr. Cote responded that as part of the Radiance Community Development District (CDD) agreement, they will manage and oversee the project, with a management fee of 5% built in. Council Member Pontieri responded that this would effectually wipe out the impact fee fund. Mr. Cote responded that it uses the budgeted funds for this particular project. Council Member Pontieri asked about reimbursement for a portion of the wastewater line and reclaim line if installed and asked if staff has any additional details. Mr. Cote shared details of next steps and determining those details. Council Member Pontieri asked about capacity to be able to service the area. Mr. Cote shared about the DEP permit for existing homes that are serviced by FGUA, potential of future development and individual permitting, and provided details from Utility staff on capacity. Council Member Pontieri asked if the area is serviced by Wastewater Treatment Plant 1. Mr. Cote responded yes, and that the plan is to divert flows to Plant 2 next year. City of Palm Coast Created on 10/8/24 81  Council Member Pontieri shared concern for the capacity at Plant 1 and asked about associated costs for diversion to Plant 2. Mr. Cote did not have the numbers available. Council Member Pontieri shared language within the agreement and asked if there are plans in place and asked for the benefit of the City to doing the annexation. Mr. Cote replied with high probability of a Wastewater Treatment Plant 3. Council Member Pontieri discussed the potential of going back to FGUA to negotiate based on the capacity issues that the City is currently dealing with and other uses for the CIAC monies that could help with the capacity issues. Mr. Cote responded that wastewater would be limited, but options are available to add capacity in water. Council Member Klufas shared that this would open up commercial development in the area, have positive environmental impacts, asked if we have the money to be doing this, and shared concern for potential shortcomings in the existing utility infrastructure. Mr. Cote discussed capacity fees, receiving additional capacity fees from any potential future development in the area, maintenance items, and timing. Mayor Alfin understood the tough decision, shared what he has heard from the community on economic development and the need for new sources of commercial and light industrial, and believed the corridor to have the potential to do that. Mayor Alfin shared future considerations, future costs and weighing the decision at hand, and was in favor of planning for the future opportunities of this project. Public Comment: Chris Couch, Florida Governmental Utility Authority (FGUA) East Region Manager, discussed his history working with the City, interconnects with City in Beverly Beach, and shared that FGUA is looking forward to working with the City on this project. Council Member Klufas agreed with the points made by the Mayor and thanked staff for the presentation. Council Member Pontieri asked if the Master Development Plant draft attachment from 2020 is already approved. Mr. Cote and Mr. DeLorenzo responded that the attachment was associated with the appraisal of the land, provided the current zoning, and consideration of live local. Pass City of Palm Coast Created on 10/8/24 82  Motion made to approve by Council Member Gambaro, seconded by Vice Mayor Danko Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Charles Gambaro, Council Member Nick Klufas, Council Member Theresa Pontieri 14. RESOLUTION 2024-162 APPROVING THE PARK IMPACT FEE CREDIT CONTRACT WITH MARBELLA APARTMENTS (FL) LLC FOR THE DESIGN AND BUILD OF A DISC GOLF COURSE FACILITY This item was heard after item 11 of the agenda. Attorney Duffy read the title into the record. James Hirst, Director of Parks & Recreation, and Richard Picatagi, Landscape Architect, presented the item. Topics presented included: background, Parks Master Plan, Imagine 2050, donated land, Operations/Partnership, proposed course layout, and Council action. Council Member Pontieri asked for timeline of construction. Mr. Picatagi provided the details of the timeline. Council Member Pontieri sought to ensure that the finishing of the park is not dependent on issuance of the Certificate of Occupancy (CO). Curt Wimpee, Alliant Engineering, on behalf of Marbella, shared details of the timeline. Council Member Pontieri wanted the amenity to be available for the youth and wanted the construction of the park to align with the payment of the impact fees and groundbreaking. Mr. Wimpee believed it could be worked out with staff. Council Member Pontieri stated that the amount of construction is less than the impact fees and asked if things can be added such as drinking stations. Mr. Hirst responded that part of this includes shade structures, parking, and drinking stations. Council Member Pontieri asked if there is interconnectivity to anything else nearby. Mr. Hirst provided nearby locations. Council Member Pontieri encouraged interconnectivity in the design. City of Palm Coast Created on 10/8/24 83  Council Member Pontieri discussed upkeep, maintenance, and insurance and liability requirements. Additional discussion was held on risk, insurance, and details to be included in a future MOU. Council Member Pontieri requested an updated presentation and timeline before approval by City Council. Mr. DeLorenzo provided MOU language and a construction timeline. Council Member Pontieri asked for an update to be provided once interconnectivity, dog stations, and adequate drinking stations have been addressed. Discussion was held on interconnectivity and the park location. Mr. Wimpee provided a response. Vice Mayor Danko asked if our insurance policy costs will increase. Ms. Johnston responded yes and provided details of the future policy. Discussion was held on parking spaces. Council Member Klufas shared support for the project. Public Comment: Craig Dewin spoke on behalf of supporters in the audience, shared support for the facility, disc golf, the inclusivity of the sport, the current need to leave the county to play, and believed people will travel here to play. Elena Haggie shared support for the location and the facility. A speaker (name not provided) discussed youth involvement in the sport, youth activities and clinics, community service hours for homeschool groups, and thanked City Council for their consideration. Paulette Hatfield was in support of parks and entertainment for kids, asked about credits and how the credits are determined. Mr. Picatagi provided a response on price-per-unit of development. Council Member Pontieri asked the staff member overseeing construction to stay in touch with stakeholders during the process. Mayor Alfin shared that there is no less expensive way to add another park venue to the City. Pass City of Palm Coast Created on 10/8/24 84  Motion made to approve Vice Mayor Danko, seconded by Council Member Pontieri Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Charles Gambaro, Council Member Nick Klufas, Council Member Theresa Pontieri City Council moved to item 12 of the agenda. L. CONSENT Vice Mayor Danko asked for background of item 17. Ms. Johnston provided a background of the item. Mayor Alfin shared details of the Flagler County Cultural Council and burden on City staff. Council Member Pontieri asked about the scope of work for item 15 to ask if each phase of the scoping will come with cost estimates. Mr. Johnston responded that she believed the scope of services is already outlined, previous Council direction, and the current steps. Council Member Pontieri wanted to see a dollar figure connected to each one of the findings. Public Comment: There were none. 15. RESOLUTION 2024-160 APPROVING A WORK ORDER WITH TAYLOR ENGINEERING FOR PHASE II OF THE SALTWATER CANAL STUDY 16. RESOLUTION 2024-158 APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM COAST AND THE FLAGLER COUNTY SCHOOL DISTRICT 17. RESOLUTION 2024-155 APPROVING AN AGREEMENT BETWEEN THE CITY OF PALM COAST AND THE FLAGLER COUNTY CULTURAL COUNCIL FOR THE ADMINISTRATION OF THE CULTURAL ART GRANT PROGRAM 18. RESOLUTION 2024-156 APPROVING A MASTER SERVICES AGREEMENT WITH THE PALM COAST HISTORICAL SOCIETY AND MUSEUM, INC. Pending Motion made to be adopted on consent by Vice Mayor Danko, seconded by Council Member Gambaro City of Palm Coast Created on 10/8/24 85  Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Charles Gambaro, Council Member Nick Klufas, Council Member Theresa Pontieri M. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. Ed Fuller congratulated the new Council Member appointment, wished Council Member Gambaro the best, and thanked the Council Member for serving the Country. N. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA Council Member Gambaro shared that during the appointment application process, he had the opportunity to meet with members of the business community, heard concerns related to the charter amendment, and shared deep concern. Council Member Gambaro made a motion to nullify the charter amendment. Mayor Alfin asked for clarity on the word nullify. Council Member Gambaro shared that the charter amendment is already on the ballot but believed that Council could vote to nullify the results of the ballot amendment. Attorney Duffy advised the Council not to move forward, sharing that the election process has already begun and shared that the only way the item can be changed is through judicial decree. Attorney Duffy shared details of the City Charter, the Ordinance which passed two readings, the item in the hands of the electors, and cautioned against interfering with the election. Vice Mayor Danko disagreed and shared information from the Flagler County Supervisor of Elections. Vice Mayor Danko seconded the motion. Council Member Klufas asked if we are unwinding an already codified Ordinance. Council Member Pontieri responded yes. Council Member Klufas understood the magnitude of the discussion and shared the appropriate time and procedure for Council to motion for reconsideration. Vice Mayor Danko shared details of a conversation with Attorney Duffy on a new Council Members ability to make the motion. Attorney Duffy clarified the details of the conversation. City of Palm Coast Created on 10/8/24 86  Mayor Alfin believed the information provided about the Supervisor of Elections to be incomplete and further discussed liability. Vice Mayor Danko asked what the liability would be. Attorney Duffy replied that the potential liability is from the voters and potential interpretation that the City is interfering with the election. Council Member Pontieri made a call to order regarding the motion, believing it to be an improper motion. Council Member Pontieri discussed the procedure, validity of the motion, and shared concern for interfering with the election. Mayor Alfin asked the City Attorney about the validity of the motion and adhering to Roberts Rules of Order. Attorney Duffy provided the policies and procedures on a motion for reconsideration. Mayor Alfin stated that he may have misspoke and asked how to unwind the acceptance of the motion and second. Attorney Duffy advised Mayor Alfin on not accepting the motion as a valid motion. Mayor Alfin stated that he no longer accepts the motion as a valid motion, also negating the second. Council Members provided consensus to continue to 11:15 p.m. Council Member Gambaro looked forward to looking at the topic again, shared comments received from the community, and believed the language needs to be rewritten down the road. Vice Mayor Danko did not agree with legal counsel. Council Member Pontieri looked forward to working with Council Member Gambaro on new language, or supporting a Resolution putting limits on borrowing power, shared about new free little library stations, and shared about Eagle Scout involvement. Mayor Alfin asked Council to put thought into how we can help those devastated by the storms and spoke of Flagler County’s efforts. O. DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA Attorney Duffy requested a shade meeting for pending Holland Park litigation matters for October 14, 2024, at 3:30 p.m. P. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA City of Palm Coast Created on 10/8/24 87  Ms. Johnston shared that it was a big night approving both fire stations as huge community progress, thanked City Council, and shared that Sunday is a Pink Army event. Q. ADJOURNMENT The meeting was adjourned at 11:00 p.m. Respectfully submitted by: Kaley Cook, CMC, FCRM City Clerk City of Palm Coast Created on 10/8/24 88 Attachment to October 1, 2024, Minutes 89 90 91 92 93 94 95