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City Council Business Meeting

Regular Meeting

Palm Coast, FL · October 15, 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 Charles Gambaro Council Member Nick Klufas Council Member Theresa Pontieri Tuesday, October 15, 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/@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 9 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. PROCLAMATION - OCTOBER 2024 AS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH City of Palm Coast Created on 10/28/24 74 Mayor Alfin presented the Proclamation to members of the Family Life Center. Candace Wilkie, Domestic Violence Coordinator, shared thanks and comments. 2. PRESENTATION - REVIEW OF CURRENT DEBT POLICY AND PROPOSED UPDATES AND CHANGES Helena Alves, Director of Financial Services, presented the item to Council. Joel Tindal, with Hilltop Securities, and Chris Roe, Bond Counsel, were in attendance for items 3 and 10. Topics included: a review of the City’s current debt policy, Government Finance Officers Association best practices, financing available to municipalities, coverage ratios, and next steps. City Council discussed the following topics: control on every instrument or debt, compliments to the available financing to municipalities informative presentation slide, concern for relying on future growth to pay debt, details of bond issuance, ability to enter public-private partnerships, compliance with Florida Statutes, policy decisions, concern for utility funding, adjustable rates, request to include fixed-rate language for backloading debt, subordinate debt, consequences for unpaid loans, bond insurance, recommendations, and requested updates. Mr. Tindal, Mr. Roe, and Ms. Alves responded to Council questions. Public Comment: Mayor Alfin provided the rules and procedures of public comment. Chantel Preninger sought to better understand the topic, asking if this is for infrastructure. Mr. Roe provided a response on general uses. Ms. Preninger continued comments to discuss effects to taxpayers and sought to know the plan for the water plants. Mayor Alfin responded that this is for the general policy. Jim Blecken supported an over-conservative approach, stated that there is a huge number of new homes, that fees need to be increased per home to builders, and that they should be doing road and drainage improvements. Mary (no last name provided) was concerned and asked who pays for flooding issues. Mayor Alfin asked the resident to work with communications staff so that they may provide a complete answer. City of Palm Coast Created on 10/28/24 75 Mary (no last name provided) discussed prior Sheriff requests for additional monies, support for law enforcement, and believed the issues with stormwater and infrastructure should have been taken care of to begin with. Ken McDowell was appalled, supported a pay-as-you-go model, believed infrastructure should be paid for by the developer, and supported increasing impact fees. Jeremy Davis did not believe the 3 exiting Council Members should vote on any policies. Alan Steiner discussed construction on Rymfire Road and the project timeline, a stormwater claim, and encouraged subletting the work. Vice Mayor Danko reminded Council that public comment is open for the topic at hand, rather than general public comment. Denelle Dickinson resident of the Woodlands, discussed flooding, culverts, conversations with various staff members, and wanted to know why the pump trucks removing water were not sent to the wastewater treatment plants. Candace Stevens discussed debt policy, borrowing, charter language, supported borrow-as-you-go, and no bonds. Council Member Klufas reiterated that following a water rate study, impact fees were raised to the maximum allowable amount in accordance with State Statutes. 3. PRESENTATION - STORMWATER OVERVIEW AND ANNUAL UPDATE Lynn Stevens, Deputy Director of Stormwater & Engineering, and Carmelo Morales, Stormwater Engineer III, presented the topic to City Council. Topics presented included: Stormwater Maintenance & Operations, stormwater system, stormwater expenses, stormwater operations, engineering primary functions, stormwater capital projects, 5-year capital improvement projects, program highlights, and next steps. City Council held lengthy discussion on the following topics: ground saturation and rainfall, systems across the State, need to address flooding issues in the City, Stormwater expenses and covered items, timeline for the LDC updates, process for staff review of tides and lowering the structures, technical details of the system, potential to automate the system to prepare for weather events and increase efficiencies, weir cameras, settling, conversation regarding redoing the entire system, options from an engineering standpoint, ITT design, issues with outfall sources, history of swale maintenance and adopting an enhanced model, updates related to the Woodlands, funding mechanisms, and support for a strategic approach. City of Palm Coast Created on 10/28/24 76 Public Comment: Jeremy Davis did not believe anything that was said, shared his prior comments on the topic, his predictions, and displayed photos of his property. Nelson Sastoque shared that he lived through 20-22 hurricanes, experiencing both dry and wet hurricanes in South Florida, discussed flooding in many areas in Miami-Dade and Broward, and to keep that in perspective. Mark Wilhelm discussed canals, calls to the City, and drainage efforts. Mariann (no last name provided) displayed photos of her street to City Council, discussed lack of electricity and water, and issues during all times of the year, not only in hurricane season. Rose Chumenciero shared her history speaking at City Council, lack of action, asked what is being done with the money, discussed developers clearing lots without permits, Cline parking trucks everywhere, and supported a forensic audit. Heather Davis discussed concerns and issues related to flooding at her home and the history of the discussion with City Council. Jeff Knotts supported a forensic audit, discussed the dog park and soccer fields, urging Council to put the money where it is needed, and encouraged stopping builds. A speaker (no name provided) shared that her children are 3rd generation Floridians, understood that the City will be developed and grow, but that the infrastructure is not being addressed, implored everyone to look at the map from their home to the water way out, and shared concerns for debris and the water runoff. Mary (no last name provided) was upset that new builds are going in while residents are dealing with issues and asked what is going to be done with all of the new builds. A speaker (no name provided) discussed prior weather events, canals, calls to the City, flooding at her property, and asked what is needed for the water to go down quickly. Jim Blecken discussed the information in the presentation, flow to canals, asked when canals were dredged, suggested polyresin from pipe to pipe, and discussed elevation, drainage, and stagnation. Jeffery Seib discussed Hurricane Milton and hurricanes as an unpleasant fact of life for Florida, climate change and sea level rise, top three City infrastructure issues which need immediate attention, water and sewage usage and the need to increase capacity, pep systems, residents with special needs and health concerns, and asked City departments to provide a report on what went well and what didn't. City of Palm Coast Created on 10/28/24 77 Kirk Whittington, stated that this is a complex issue, challenged the audience to find someone better than Ms. Stevens to do the job, discussed emergency preparedness guidance telling residents to have supplies for 3 days and shelter in place, 20 inches of rain in a 2-week period, and recommended French drain systems for residents. Cornelia Downing Manfre wanted to address the water/sewer situation, discussed a lack of oversight for Treatment Plant 1, failure on the City Council, asked where there is a planning and proactive approach, discussed commercial and industrial businesses turning away because they can't get the utilities that they need, and that these should have been enhanced years ago. Mary Phillips discussed swale maintenance, an internet implementation activity causing a problem, tides and storm surge, challenge to create a current forecast, recommended getting some approved strategic contractors to supplement the work, and called for an immediate moratorium on all non-infrastructure spending and a strategic prioritization on infrastructure. Steve Harrier replied to the comments of a prior speaker and recommended that code enforcement require clearing and maintenance of swales. Diana (no last name provided) discussed the history of weather events, lowering canals, flooding on Bird of Paradise, debris in culverts, kicking-the-can down the road, and listening to and acting on the problems. Liz Michaels discussed her history of living through hurricanes, discussed the foundation of her home, water levels and flooding concerns, provided suggestions for raised foundations for new homes, and discussed problems with sinkholes. Chantel Preninger discussed flooding, culvert inspection, swales and swale problems, and partial grading as only a temporary fix. Mike (no last name provided) asked where the money is going, discussed his street, tax revenue, subsidizing development, and proposed a moratorium and slowing down on rezonings. Leslie Johnson wanted to address a few inconsistencies, discussed movement of swales, water percolation, believed the swale systems to be inefficient, and educated inspectors. Sandra Shank discussed the need for transparency, tower collapse in Surfside, FL, her role as a Planning Board Member, lack of information regarding utility and an issued decree, wastewater capacity, nature exposing the lack of transparency, bonds and $15 million not correcting the issue, asked City Council to be transparent, and encouraged culvert cleanout education. Mr. Strite shared his observations, encouraged bringing Representative Michael Waltz to tour the City, known flooding and potential of being dropped by insurance companies, conversations with the County, and recommended lower City of Palm Coast Created on 10/28/24 78 property taxes until they get the issues resolved because residents are facing unrealized losses in the sale of properties. Vice Mayor Danko thanked everyone for their public comments, understood the need to focus on problems within Palm Coast 1.0, did not support westward expansion or a sports complex, supported coming up with solutions to Palm Coast’s unique problems, such as swales and canal dredging, encouraged the voters to get commitments from candidates, to understand where they stand on topics, the decision of the new City Council to select a City Manager, and electing someone who understands the issues. Council Member Pontieri wanted to address the comments of Vice Mayor Danko, replying that he, along with the rest of the Council, have contributed to the problem every time a member has voted yes on zoning variance that increased density. Council Member Pontieri discussed the history of her comments on the lack of water and lack of water capacity, the westward expansion (Palm Coast 2.0) having its own infrastructure and believed that building should stop in Palm Coast 1.0, a prior motion for a moratorium that was not supported by the Council, the stormwater system following the storm, problem spots, and prioritization of additional stormwater employees. Council Member Pontieri motioned for a one-year residential building moratorium to get this under control. In the case that the motion does not pass, Council Member Pontieri looked to Stormwater for a workshop that shows City Council their plan. Council Member Pontieri continued her comments to discuss sharing updates with residents, shared support for an educational video on culvert cleaning, and discussed the possibility of purchasing vacant infill lots with ESL funds to help with drainage. Council Member Pontieri reiterated the motion for a one-year residential building moratorium so that wastewater treatment and stormwater engineering can be taken care of. Council Member Klufas discussed the problem spots, previous Council discussion on various topics, refusal to increase utility rates to a level that would sustain water utility, identified projects in problem areas, the legalities of a moratorium, and the need for a Council that is going to listen when professionals tell them how to address the problems. Council Member Gambaro shared emerging threats to community, cost to increase capacity at Wastewater Treatment Plant 1, and shared his efforts seeking federal dollars. Council Member Pontieri responded to the discussion on the utility rate, that she is tired of current residents paying for growth, discussed correspondence received from the Florida Department of Environmental Protection (FDEP), rates that have been raised, balancing the various issues discussed, and seeking funding. City of Palm Coast Created on 10/28/24 79 Council Member Klufas highlighted the difference between impact fees and utility collections. Council Member Pontieri restated the motion for a moratorium on residential building for 1 year, for the entire city, not limited to geographical area. The motion failed for lack of a second. 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. Jeremy Davis called for justice, stated that he is a concerned citizen seeking justice and accountability, discussed his emotional distress and financial burdens, acknowledgement of the City's culpability, and requested a thorough investigation and policies to ensure accountability. Mary (no last name provided) shared that people do not believe City Council, shared about her in-laws who live in Venice, FL and their ability to use water, lack of electric and water during the hurricane, Council seeking more money, and lack of understanding by the Council. Jim Blecken discussed a false demand and a crash if you do not stop building excess homes, that there has to be a good balance - a quick grab is why cities City of Palm Coast Created on 10/28/24 80 fail, the inability to sustain homes, infrastructure, quality of life, and degrading the City of Palm Coast. Rose Chumenciero said it is a disgrace that we voted for the Council, other than Council Member Pontieri. Leslie Johnston proposed a suggestion to take a percentage of impact fee to put aside in an all-purpose fund. Candace Stevens shared her history of discussing flooding with the Council, shared details of a map and flooding, wanted the Council to ask the City Attorney what can be done to slow building. A speaker (no name provided) believed all can agree that it will be great to have Council Member Pontieri as Vice Mayor, encouraged a moratorium and considerations for what to do with legalities, discussed infrastructure, property taxes, and regulations in St. Johns County. Heather Davis reiterated that her home was flooded and discussed drainage efforts at her home. Jim Sugg discussed his 30 years of public service in South Florida, was concerned for sewage problems, encouraged a study, and discussed the need to understand the max capacity. City Council moved to item H10. F. MINUTES 4. MINUTES OF THE CITY COUNCIL: OCTOBER 1, 2024, BUSINESS MEETING Pass Motion made to approve by Council Member Pontieri 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 G. ORDINANCES FIRST READ 5. ORDINANCE 2024-XX AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, RETIREMENT, DIVISION 2, VOLUNTEER FIREFIGHTER RETIREMENT SYSTEM AND TRUST FUND Attorney Duffy read the title into the record. Kyle Berryhill, Fire Chief, shared the topic with City Council. Public Comment: City of Palm Coast Created on 10/28/24 81 There were none. Pass Motion made to approve by Council Member Pontieri 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 6. ORDINANCE 2024-XX AMENDING CITY OF PALM COAST ORDINANCES, CHAPTER 17, COMMUNITY DEVELOPMENT; AS AMENDED, TO ADD ARTICLE V, SHORT-TERM VACATION RENTALS Attorney Duffy read the title into the record. Jason DeLorenzo, Chief of Staff, presented the topic to City Council. Topics presented included: Council’s requested changes from the prior discussion, citizen and stakeholder requested changes, and City Council next steps. City Council held discussion on the following topics: decibels, pets, request for proposed posting for short-term rentals, not including children 12 months and under in the head count, background checks, Fort Lauderdale short-term rental website and resources, complaint process, response time, meeting the concerns of the affected residents, and analysis of cost recovery. Public Comment: Kathy Davidson a proud short-term rental owner wanted Council to consider the effect on local owners. Joel Davidson discussed emergency lights, battery backup lights, and background checks. Mayor Alfin asked if onsite owners were addressed separately. Leslie Johnston asked the City to double-check Airbnb and VRBO requiring a background check, sharing her recent rental experience and not having to have a background check performed. Mr. DeLorenzo shared his understanding that in order to use the platform, both the operator and renter must complete a background check. Mayor Alfin asked if it is possible to have a phased approach or if City Council is looking for perfection, seeking discussion from City Council. City Council held discussion on emergency lighting, sex offenders, not separating onsite owners, and encouragement for a workshop on short-term rentals. Mayor Alfin encouraged communication with the organized group of owners. City of Palm Coast Created on 10/28/24 82 Motion made to Table 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 7. ORDINANCE 2024-XX AMENDING THE UNIFIED LAND DEVELOPMENT CODE TO IMPLEMENT AND ENSURE COMPLIANCE WITH THE LIVE LOCAL ACT Attorney Duffy read the title into the record. Ms. Johnston provided a background. Michael Hanson, Planner, presented the topic to Council. Topics presented included: background, preemptions, affordability, land use, amendments, limitations set by live local, support for home rule, protecting the community and finding an approach that complies with State law, concern for legal liabilities, and intent to enforce. City Council held discussion on State requirements, a request to increase the 3.06.02 Use of Property, non-residential use, to 35%, zoning, effects to applications already received, request for language exempting transit stop bus stops from the definition of transit stops, comparable communities, and intent to enforce affordability. Mr. Tyner and Mr. Hanson responded to the questions and comments of City Council. Motion by Council Member Pontieri to approve the item as amended, with the two changes of exempting school bus stops from transit stop definition, and changing the 35% commercial minimum. Public Comment: There were none. Approved Motion made to approve as amended by Council Member Pontieri, seconded by Council Member Gambaro Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Charles Gambaro, Council Member Nick Klufas, Council Member Theresa Pontieri 8. ORDINANCE 2024-XX CREATING AN ART IN PUBLIC PLACES PROGRAM FOR CITY BEAUTIFICATION City of Palm Coast Created on 10/28/24 83 Attorney Duffy read the title into the record. Ms. Johnston provided a background of the item. Attorney Patrick Kennedy, with the City Attorney’s law firm, helped to draft the Ordinance and was available for any Council questions. James Hirst, Director of Parks & Recreation, presented the topic. Topics presented included: Council priority, percentage for art ordinance, establishment of art in lieu of fee, application requirements, acceptable vs non-acceptable, and art in public places committee review process. City Council held lengthy discussion on the following topics: collecting impact fees, caution on using the term impact fee, importance of art, the contribution as one of the available choices, exemptions and potential scenarios, differences between Arts & Culture and Parks & Recreation, request to know how much would have been generated from this program in the last few years, concern for costs being passed down to consumers, percentage determination, connection to the Flagler County Historical Society, art location, and the developer’s choice on the art and location. Mr. Kennedy and Mr. Hirst provided responses to Council comments and questions. Public Comment: There were none. Pass Motion made to approve by Council Member Pontieri and seconded by Council Member Klufas Approved - 3 – Council Member Charles Gambaro, Council Member Nick Klufas, Council Member Theresa Pontieri Denied - 2 - Mayor David Alfin, Vice Mayor Ed Danko H. RESOLUTIONS 9. RESOLUTION 2024-163 AUTHORIZING A LOAN FROM WEBSTER BANK, NATIONAL ASSOCIATION, IN THE AGGREGATE PRINCIPAL AMOUNT OF $18,500,000 FOR THE PURPOSE OF FINANCING STORMWATER EQUIPMENT AND IMPROVEMENTS Attorney Duffy read the title into the record. Ms. Alves, Director of Financial Services, opened the item. Mr. Joel Tindal, with Hilltop Securities, presented the item to Council. Topics presented included an overview of the bank loan, proposed series 2024 City of Palm Coast Created on 10/28/24 84 Resolution, preliminary financing summary, remaining financing timeline, and disclosure. City Council held discussion on the following topics: fixed loans, uses for the loan and return on investment, reasoning for subcontracting certain items, request to alert everyone of the improvements being funded, items approved within the budget, and repayment rates. Mr. Cote provided a response to Council comments and questions providing the items funded by the loan and various project details. Ms. Alves provided a response regarding budgeted items and loan repayment. Public Comment: There were none. 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 Council recessed at 1:00 p.m. The meeting resumed at 1:31 p.m. and Council moved to item 6. 10. RESOLUTION 2024-164 APPROVING THE PURCHASE OF STORMWATER MAINTENANCE EQUIPMENT Attorney Duffy read the title into the record. Matt Mancill, Director of Public Works, provided a background of the item. Vice Mayor Danko asked if this has already been budgeted. Mr. Mancill responded yes. Council Member Gambaro shared about his recent facility tour and shared support for the item. Public Comment: There were none. Pass Motion made to approve by Council Member Gambaro, seconded by Vice Mayor Danko City of Palm Coast Created on 10/28/24 85 Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Charles Gambaro, Council Member Nick Klufas, Council Member Theresa Pontieri 11. RESOLUTION 2024-181 APPROVING AN ENGINEERING CONSULTANT CONTRACT WITH CPH, INC., FOR THE WASTEWATER TREATMENT FACILITY NO. 1 EXPANSION DESIGN Attorney Duffy read the title into the record. Ms. Johnston provided a background of the item. Alex Blake, Utility Engineer III, presented the topic to Council. Topics presented included: wastewater treatment facility locations, issued residential COs, capacity needs, project location, preliminary engineering, project overview, existing plants, expansion, project timeline, and Council actions. City Council held discussion on the following topics: extra resiliency and water discharge, timeline, peak weather conditions, average daily flow, treatment process, flow data, budgeted funds, and fees. A representative from CPH provided details of regulations. Mr. Cote provided a response on the timeline. Mr. DeLorenzo provided the monthly flow details. Public Comment: Leslie Johnston asked for clarification on where the plant would be located. Mr. Blake provided a response with the location details. Pass Motion made to approve by Council Member Pontieri and 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 12. RESOLUTION 2024-179 APPROVING PIGGYBACKING THE CITY OF BARTOW CONTRACT WITH RAFTELIS FINANCIAL CONSULTANTS, INC., FOR STRATEGIC ACTION PLAN AND UTILITY GAP RATE STUDY Attorney Duffy read the title into the record. Ms. Johnston provided a background. City of Palm Coast Created on 10/28/24 86 Amanda Rees, Utility Director, presented the topic to Council. Topics presented included: consent decree, decree mandates, utility key takeaways, utility rate gap analysis, utility strategic action plan, and Council actions. City Council held lengthy discussion on the following topics: consent decree mandates, incurring penalties, items covered in the analysis, deferred maintenance no longer being an option, and seeing this problem in other cities across the State. Ms. Rees and Mr. Cote provided responses to Council questions including the action plan, projects, and next steps for City Council. Public Comment: There were none. Pass Motion made to approve by Council Member Pontieri and seconded by Council Member Gambaro Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Charles Gambaro, Council Member Nick Klufas, Council Member Theresa Pontieri 13. RESOLUTION 2024-167 APPROVING A MASTER SERVICES AGREEMENT WITH THE SOUTHERN GROUP OF FLORIDA, INC., TO PROVIDE STATE LOBBYING SERVICES Attorney Duffy read the title into the record. Mr. DeLorenzo provided a background of the item. City Council held discussion on the following topics: amount paid to the group last year, not in favor of a 3-year contract, historical success of the group, support for the lobbying group, and the contract to be results driven. Mr. DeLorenzo provided details of the contract. Motion by Vice Mayor Danko, seconded by Council Member Pontieri, to approve the contract as amended to be a 1-year contract with four (4) 1-year renewals. Public Comment: There were none. Pass Motion made to approve as amended by Vice Mayor Danko and seconded by Council Member Pontieri City of Palm Coast Created on 10/28/24 87 Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Charles Gambaro, Council Member Nick Klufas, Council Member Theresa Pontieri 14. RESOLUTION 2024-180 APPROVING GUARANTEED MAXIMUM PRICE CONTRACT AMENDMENT TO THE CONSTRUCTION SERVICES CONTRACT FOR FIRE STATION 25 Attorney Duffy read the title into the record. Ms. Johnston reminded City Council that this has been on the City’s Capital Improvement Plan for a few years and that staff is leveraging the contract for Fire Station 22 and 26 for cost savings. Eric Gebo, Architect III, and Fire Chief Berryhill provided the details of the item. Public Comment: There were none. Pass Motion made to approve by Council Member Klufas and seconded by Council Member Gambaro Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Charles Gambaro, Council Member Nick Klufas, Council Member Theresa Pontieri 15. RESOLUTION 2024-177 APPROVING FLAGLER VILLAGE PHASE 2 FINAL PLAT APPLICATION 5894 Attorney Duffy read the title into the record. Estelle Lens, Planner, and Dennis Leap, Site Development Manager, provided background. Council Member Pontieri asked for details of a replat, as described in the summary of the item. Ms. Lens provided a description of replat and the phases of the project. Attorney Duffy called for any ex parte communication. There were none. Public Comment: There were none. Pass Motion made to approve by Council Member Klufas and seconded by Council Member Pontieri City of Palm Coast Created on 10/28/24 88 Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Charles Gambaro, Council Member Nick Klufas, Council Member Theresa Pontieri 16. RESOLUTION 2024-178 APPROVING GUARANTEED MAXIMUM PRICE CONTRACT AMENDMENT TO THE CONSTRUCTION SERVICES CONTRACT FOR THE MAINTENANCE OPERATIONS CENTER Attorney Duffy read the title into the record. Ms. Johnston provided a reminder to City Council about the ongoing SAP. Eric Gebo, Architect III, presented the topic to Council. Topics presented included: completed actions, master plan, project construction, Phase 1 sitework and infrastructure timeline, building construction timeline, funding, and council actions. City Council held discussion on insurance, solar, support for the Maintenance Operations Center, and need for the increased maintenance bays. Public Comment: There were none. Pass Motion made to approve by Council Member Klufas and seconded by Council Member Gambaro Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Charles Gambaro, Council Member Nick Klufas, Council Member Theresa Pontieri I. CONSENT City Council discussed items 19, 24, and 25. Mr. Akins and Mr. Roussell provided a response to Council questions. Public Comment: There were none. 17. RESOLUTION 2024-173 APPROVING A SERVICE ORDER WITH UNITI FIBER FOR DIRECT INTERNET ACCESS 18. RESOLUTION 2024-171 APPROVING THE PURCHASE OF MATERIALS, EQUIPMENT, CONSULTING SERVICES, AND RELATED EXPENSES FOR THE IMPLEMENTATION OF NEOGOV City of Palm Coast Created on 10/28/24 89 19. RESOLUTION 2024-172 APPROVING MASTER SERVICES AGREEMENTS WITH MULTIPLE FIRMS FOR FIBER DESIGN, CONSTRUCTION, CONSULTATION, AND MAINTENANCE 20. RESOLUTION 2024-165 APPROVING PIGGYBACKING THE HOUSTON- GALVESTON AREA COUNCIL CONTRACT WITH DUKE’S ROOT CONTROL, INC., FOR INFLOW AND INFILTRATION STUDY 21. RESOLUTION 2024-169 APPROVING PIGGYBACKING THE CITY OF MARCO ISLAND, FLORIDA CONTRACT WITH AMERICAN WATER CHEMICALS FOR AWC A-102 PLUS ANTISCALANT 22. RESOLUTION 2024 166 APPROVING A MASTER SERVICES AGREEMENT WITH FLORIDA METER SERVICES FOR REPAIRS AND TESTING OF REVENUE AND WELL METERS 23. RESOLUTION 2024-170 APPROVING A MASTER SERVICES AGREEMENT WITH CLEARWATER SOLUTIONS, LLC FOR WATER SERVICE LINES AND METER INSTALLS 24. RESOLUTION 2024-168 APPROVING A SOLE SOURCE AGREEMENT WITH EMPIRE PIPE & SUPPLY FOR THE PURCHASE OF WATER METERS 25. RESOLUTION 2024-175 APPROVING A MASTER SERVICES AGREEMENT WITH G.E.M. STONE CONTRACTORS, INC., FOR UNDERGROUND UTILITY LOCATING SERVICES 26. RESOLUTION 2024-174 APPROVING PIGGYBACKING SOURCEWELL RFP #020223 WITH BEARD EQUIPMENT TO UTILIZE THE TERMS, CONDITIONS, SCOPE, AND PRICING FOR MEDIUM DUTY AND COMPACT EQUIPMENT WITH RELATED ATTACHMENTS AS NEEDED 27. RESOLUTION 2024-176 APPROVING PIGGYBACKING SOURCEWELL RFP #121223 WITH HENDRIX & SONS (SNAP ON TOOLS) TO UTILIZE THE TERMS, CONDITIONS, SCOPE, AND PRICING FOR VEHICLE LIFTS AND GARAGE AND FLEET MAINTENANCE EQUIPMENT Pass Motion made to adopt on consent 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 J. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. City of Palm Coast Created on 10/28/24 90 There were none. K. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA Council Member Gambaro sought consensus to bring a future discussion on safe haven baby box at fire stations. Ms. Johnston shared that the Knights of Columbus organization has approached the City and there will be a future discussion. Council Member Gambaro thanked the staff as a whole for their efforts during Hurricane Milton. Council Member Pontieri discussed traffic concerns at Indian Trails Park. Ms. Johnston shared staff efforts, directional traffic, signage, communication to the sports groups and parents, and partnership with the Flagler County Sheriff’s Office. Council Member Pontieri looked to discuss hourly rates for leagues. Ms. Johnston shared the challenge that the rates are negotiated between the Sheriff’s Office and the Union. Council Member Pontieri sought consensus for a workshop on loading and unloading in unspecified areas. Council concurred. 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 28. REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR SEPTEMBER 2024 Ms. Johnston highlighted the emergency and sole source purchases. There were no questions. Council Member Gambaro requested an outline for a plan on Rymfire Dr. and Royal Palms Pkwy. Ms. Johnston and Mr. Cote provided project updates. Ms. Johnston thanked staff for their efforts for response and recovery for Hurricane Milton. Ms. Johnston shared that the City is receiving rapid communication regarding a lawsuit filed against the City, believed it would be beneficial to have executive session, and sought direction. City of Palm Coast Created on 10/28/24 91

Agenda

City of Palm Coast City Hall 160 Lake Avenue Agenda 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 15, 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/@PalmCoastFL. • 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. PROCLAMATION - OCTOBER 2024 AS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH 2. PROCLAMATION - NOVEMBER 2024 AS SHIRLEY CHISHOLM MONTH 3. PRESENTATION - REVIEW OF CURRENT DEBT POLICY AND PROPOSED UPDATES AND CHANGES City of Palm Coast Created on 4. PRESENTATION - STORMWATER OVERVIEW AND ANNUAL UPDATE 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 5. MINUTES OF THE CITY COUNCIL: OCTOBER 1, 2024, BUSINESS MEETING G. ORDINANCES FIRST READ 6. ORDINANCE 2024-XX AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, RETIREMENT, DIVISION 2, VOLUNTEER FIREFIGHTER RETIREMENT SYSTEM AND TRUST FUND 7. ORDINANCE 2024-XX AMENDING CITY OF PALM COAST ORDINANCES, CHAPTER 17, COMMUNITY DEVELOPMENT; AS AMENDED, TO ADD ARTICLE V, SHORT-TERM VACATION RENTALS City of Palm Coast Created on 8. ORDINANCE 2024-XX AMENDING THE UNIFIED LAND DEVELOPMENT CODE TO IMPLEMENT AND ENSURE COMPLIANCE WITH THE LIVE LOCAL ACT 9. ORDINANCE 2024-XX CREATING AN ART IN PUBLIC PLACES PROGRAM FOR CITY BEAUTIFICATION H. RESOLUTIONS 10. RESOLUTION 2024-XX AUTHORIZING A LOAN FROM WEBSTER BANK, NATIONAL ASSOCIATION, IN THE AGGREGATE PRINCIPAL AMOUNT OF $18,500,000 FOR THE PURPOSE OF FINANCING STORMWATER EQUIPMENT AND IMPROVEMENTS 11. RESOLUTION 2024-XX APPROVING THE PURCHASE OF STORMWATER MAINTENANCE EQUIPMENT 12. RESOLUTION 2024-XX APPROVING AN ENGINEERING CONSULTANT CONTRACT WITH CPH, INC., FOR THE WASTEWATER TREATMENT FACILITY NO. 1 EXPANSION DESIGN 13. RESOLUTION 2024-XX APPROVING PIGGYBACKING THE CITY OF BARTOW CONTRACT WITH RAFTELIS FINANCIAL CONSULTANTS, INC., FOR STRATEGIC ACTION PLAN AND UTILITY GAP RATE STUDY 14. RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH THE SOUTHERN GROUP OF FLORIDA, INC., TO PROVIDE STATE LOBBYING SERVICES 15. RESOLUTION 2024-XX APPROVING GUARANTEED MAXIMUM PRICE CONTRACT AMENDMENT TO THE CONSTRUCTION SERVICES CONTRACT FOR FIRE STATION 25 16. RESOLUTION 2024-XX APPROVING FLAGLER VILLAGE PHASE 2 FINAL PLAT APPLICATION 5894 17. RESOLUTION 2024-XX APPROVING GUARANTEED MAXIMUM PRICE CONTRACT AMENDMENT TO THE CONSTRUCTION SERVICES CONTRACT FOR THE MAINTENANCE OPERATIONS CENTER I. CONSENT 18. RESOLUTION 2024-XX APPROVING A SERVICE ORDER WITH UNITI FIBER FOR DIRECT INTERNET ACCESS 19. RESOLUTION 2024-XX APPROVING THE PURCHASE OF MATERIALS, EQUIPMENT, CONSULTING SERVICES, AND RELATED EXPENSES FOR THE IMPLEMENTATION OF NEOGOV City of Palm Coast Created on 20. RESOLUTION 2024-XX APPROVING MASTER SERVICES AGREEMENTS WITH MULTIPLE FIRMS FOR FIBER DESIGN, CONSTRUCTION, CONSULTATION, AND MAINTENANCE 21. RESOLUTION 2024-XX APPROVING PIGGYBACKING THE HOUSTON- GALVESTON AREA COUNCIL CONTRACT WITH DUKE’S ROOT CONTROL, INC., FOR INFLOW AND INFILTRATION STUDY 22. RESOLUTION 2024-XX APPROVING PIGGYBACKING THE CITY OF MARCO ISLAND, FLORIDA CONTRACT WITH AMERICAN WATER CHEMICALS FOR AWC A-102 PLUS ANTISCALANT 23. RESOLUTION 2024 XX APPROVING A MASTER SERVICES AGREEMENT WITH FLORIDA METER SERVICES FOR REPAIRS AND TESTING OF REVENUE AND WELL METERS 24. RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH CLEARWATER SOLUTIONS, LLC FOR WATER SERVICE LINES AND METER INSTALLS 25. RESOLUTION 2024-XX APPROVING A SOLE SOURCE AGREEMENT WITH EMPIRE PIPE & SUPPLY FOR THE PURCHASE OF WATER METERS 26. RESOLUTION 2024 XX APPROVING A MASTER SERVICES AGREEMENT WITH G.E.M. STONE CONTRACTORS, INC., FOR UNDERGROUND UTILITY LOCATING SERVICES 27. RESOLUTION 2024-XX APPROVING PIGGYBACKING SOURCEWELL RFP #020223 WITH BEARD EQUIPMENT TO UTILIZE THE TERMS, CONDITIONS, SCOPE, AND PRICING FOR MEDIUM DUTY AND COMPACT EQUIPMENT WITH RELATED ATTACHMENTS AS NEEDED 28. RESOLUTION 2024-XX APPROVING PIGGYBACKING SOURCEWELL RFP #121223 WITH HENDRIX & SONS (SNAP ON TOOLS) TO UTILIZE THE TERMS, CONDITIONS, SCOPE, AND PRICING FOR VEHICLE LIFTS AND GARAGE AND FLEET MAINTENANCE EQUIPMENT 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 29. REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR SEPTEMBER 2024 City of Palm Coast Created on N. ADJOURNMENT 30. AGENDA WORKSHEET AND CALENDAR City of Palm Coast Created on

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