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City Council Special Meeting

Special Meeting

Palm Coast, FL · November 2, 2020

AgendaMinutes

Minutes

CITY OF PALM COAST SPECIAL COUNCIL BUSINESS MEETING HYBRID MEETING PALM COAST, FL 32164 MONDAY, NOVEMBER 2, 2020 9:00 A.M. Mayor Milissa Holland Vice Mayor Nick Klufas Council Member Eddie Branquinho Council Member Robert G. Cuff Council Member Jon Netts AGENDA City Staff Matthew Morton, City Manager William Reischmann, City Attorney Virginia A. Smith, 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, persons needing assistance to participate in any of these proceedings should contact the City Clerk at 386-986-3713, at least 48 hours prior to the meeting. All pagers and cell phones are to remain OFF while City Council is in session. A. CALL TO ORDER Mayor Holland called the meeting to order at 9:00 a.m. B. PLEDGE OF ALLEGIANCE TO THE FLAG C. ROLL CALL City Clerk Virginia Smith called the roll. All members were present. D. RESOLUTION 1. RESOLUTION 2020-XX CONSIDER THE RECOMMENDED ORDER FROM THE HEARING OFFICER RELATING TO THE CITY'S MOTION TO DISMISS THE APPEAL OF THE INSURANCE BID Ms. Segal George, Council's attorney and Ms. Smith, City Clerk provided a brief overview to this item. Mr. Jacob Schumer, attorney for City staff, presented his argument on the Recommended Order (RO) for the Motion to Dismiss the Appeal on the Bid Protest for City insurance. Council conducted a question and answer period with Mr. Schumer. Mr. Dennis Bayer, attorney for PRIA, presented his argument on the RO. Mr. Bayer reserved two minutes for after hearing from FMIT's attorney. Council conducted a question and answer period with Mr. Bayer. Council Member Netts suggested to rebid. Mr. Bayer no objection to rebid. Vice Mayor Klufas expressed his concerns with bid process appeal verbiage. Public Comments: There were no comments. Council Member Branquinho motioned to reject the hearing officer's recommended order and move forward with Option #2 in the agenda. Council Member Netts confirmed this will allow PRIA time to cure the bond. Yes. Motion was seconded by Vice Mayor Klufas. Council held further discussion on the motion. An amended Motion was made by Council Member Branquinho to reject the RO from the Hearing Officer to deny the Motion to Dismiss and, instead grant the motion and provide the alternative for PRIA to provide the appropriate bond and allow the appeal to continue if the bond is provided. Seconded by Vice Mayor Klufas. The amended motion made after discussion by City Attorney relating the timing of the required bond and the scheduled hearing. The amended motion made by Council Member Branquinho to reject the RO from the Hearing Officer to deny the Motion to Dismiss and instead grant the motion and provide the alternative for PRIA to provide the appropriate bond by November 4 at 5pm and allow the appeal to continue if the bond is provided. Seconded by Vice Mayor Klufas. The motion carried four to one with Council Member Netts voting no. E. ADJOURNMENT The meeting was adjourned at 10:30 a.m. Respectfully submitted, Virginia A. Smith, MMC City Clerk

Agenda

CITY OF PALM COAST NOTICE OF VIRTUAL HYBRID SPECIAL MEETING NOVEMBER 2, 2020 @ 9:00 AM Notice is hereby given that the City of Palm Coast will hold a CMT/Virtual Hybrid Special City Council meeting at 9:00 am, on November 2, 2020. The CMT/Virtual Hybrid meeting agenda is shown below. Due to the current threat of COVID-19, the City Council will be meeting in person but limiting the in-person attendance in any one room as outlined by the Centers for Disease Control (CDC). The meeting will also be held via a CMT/Virtual meeting. Pursuant to Governor DeSantis’ Executive Order Number 20-69 issued on March 20, 2020, “Local government bodies may utilize communications media technology (CMT), such as telephonic and video conferencing, as provided in Section 120.54(5)(b)2. Florida Statutes.” This order was extended by Order Number 20-246. Access to this meeting is being provided via livestream on the City’s website at www.palmcoastgov.com and as described below. This meeting will be audio recorded, as usual. To listen to the meeting recording after the meeting, please visit the City’s website. The audio will be posted in accordance with City policy. In accordance with the Americans with Disabilities Act, persons needing a special accommodation for this proceeding should contact the City Clerk prior to the meeting. INSTRUCTIONS FOR LISTENING AND PROVIDING PUBLIC COMMENT: The November 2, 2020, City of Palm Coast CMT/Virtual Hybrid Council meeting will be both an in-person meeting and a video conference conducted electronically (or “virtually”) via the ZOOM platform with the ability to dial in via telephone. The meeting will be held in the Community Wing located at 160 Lake Ave., and will be limited to 40 persons in physical attendance in dais chambers and an additional 13 seats will be available in the workshop room, on a first come first serve basis. Members of the public must comply with City of Palm Coast Resolution 2020-71, which requires all wear masks. Temperatures will be check upon arrival and standard COVID-19 questions shall be answered. If you are not wearing a mask, you will be asked to attend the meeting virtually from another location. Members of the public may make comments during the public comment portion of the meeting either in person or by dialing 386-223-1690. 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. Public comment by phone can be made by dialing *9. A person who decides to appeal any decision made by the Council with respect to any matter considered at its meeting or hearing, will need a record of proceedings. Such persons may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based (Section 286.0105, Florida Statutes). Should you have any questions, require additional information regarding the virtual meeting, or experience any difficulty connecting to the meeting, please call 386-986-2391. There will be someone available to assist you. If you do not reach someone, please leave a message and they will get back to you as soon as possible. AGENDA ON NEXT PAGE CITY OF PALM COAST SPECIAL COUNCIL BUSINESS MEETING HYBRID MEETING PALM COAST, FL 32164 MONDAY, NOVEMBER 2, 2020 9:00 A.M. Mayor Milissa Holland Vice Mayor Nick Klufas Council Member Eddie Branquinho Council Member Robert G. Cuff Council Member Jon Netts AGENDA City Staff Matthew Morton, City Manager William Reischmann, City Attorney Virginia A. Smith, 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, persons needing assistance to participate in any of these proceedings should contact the City Clerk at 386-986-3713, at least 48 hours prior to the meeting. All pagers and cell phones are to remain OFF while City Council is in session. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE TO THE FLAG C. ROLL CALL D. RESOLUTION 1. RESOLUTION 2020-XX CONSIDER THE RECOMMENDED ORDER FROM THE HEARING OFFICER RELATING TO THE CITY'S MOTION TO DISMISS THE APPEAL OF THE INSURANCE BID E. ADJOURNMENT

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