City of Palm Coast Meeting Minutes City Council Palm Coast Community Center, NE 305 Palm Coast Parkway Palm Coast, FL 32137 www.ci.palm-coast.fl.us Mayor Jon Netts Vice Mayor Holsey Moorman - District 1 Council Member Frank Meeker - District 2 Council Member Mary G. DiStefano - District 3 Council Member William Lewis - District 4 Tuesday, July 20, 2010 9:00 AM Palm Coast Community Center City Staff Jim Landon, City Manager William Reischmann, City Attorney >Public comment on issues on the agenda or public participation shall be limited to 3 minutes. >If any person decides to appeal a decision made by the City Council with respect to any matter considered at such meeting or hearing, he/she will need a record of the proceedings, including all testimony and evidence upon which the appeal is to be based. To that end, such person will want to ensure that a verbatim record of the proceedings is made. >The City of Palm Coast is not responsible for any mechanical failure of recording equipment. >Other matters of concern may be discussed as determined by City Council. >If you wish to obtain more information regarding 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 386-986-3715 at least 48 hours prior to the meeting. >City Council Meetings are televised on Brighthouse Networks Channel 199. >All pagers and cell phones are to remain OFF while City Council is in session. A. Call to Order Mayor Netts called the meeting to order at 9:00 a.m. Present: 5 - Mayor Netts, Vice Mayor Moorman, Council Member DiStefano, Council Member Lewis, and Council Member Meeker B. Pledge of Allegiance to the Flag C. Roll Call Asst. City Clerk Virginia Smith called the roll. All members were present. City of Palm Coast Page 1 A1 City Council Meeting Minutes July 20, 2010 Approval of Minutes 1 10-312 MINUTES OF THE CITY COUNCIL'S: A. July 6, 2010 City Council Business B. July 13, 2010 City Council Workshop Attachments: July 6, 2010 City Council Business July 13 2010 Workshop The following correction/changes were requested: Minutes from July 6, 2010 Item #7 Ordinance adopting the Comprehensive Plan; Page A-5 under VM Moorman's comment delete duplicate "Administrator" Page A-6 Public Comments Dan Kamp delete duplicate "transferred" Jane Jentile delete duplicate "unincorporated" Neil Davis delete duplicate "Environmental" Michael Misty Jr. delete duplicate "desalinization" Page A-12 Corrected Mr. John Allen's statement relating to the millage rate. Minutes from July 13, 2010 F Discussion By City Council under CM DiStefano's comment delete "CVS"; should have been "ABC" The Minutes was Approved as amended. Approved: 5 - Mayor Netts, Vice Mayor Moorman, Council Member DiStefano, Council Member Lewis, and Council Member Meeker Proclamations and Presentations 2 10-285 PROCLAMATION RECOGNIZING AUGUST 3, 2010, FROM 5 TO 8 P.M., AS NATIONAL NIGHT OUT. Attachments: Proclamation - National Night Out CM Meeker presented the Proclamation to Sergeant Mercado from the Flagler County Sheriff's Office. The Proclamation was Received and Filed. 3 10-307 PROCLAMATION RECOGNIZING JULY 18 THROUGH JULY 24, 2010 AS PROBATION, PAROLE AND COMMUNITY SUPERVISION WEEK. Attachments: American Probation and Parole Association VM Moorman presented this proclamation to Chaunte Dyer from the Department of Corrections. The Proclamation was Received and Filed. ORDINANCES AND PUBLIC HEARINGS City of Palm Coast Page 2 A2 City Council Meeting Minutes July 20, 2010 Order of Business for Public Hearings (Council may make inquiries at any stage): Open Hearing Staff Presentation Applicant Presentation (if applicable) Council Questions of Applicant (if applicable) Public Comments/ Presentations Rebuttal by Applicant (if applicable) Close Hearing Council Discussion Council Action Second Reading 4 08121 ORDINANCE 2010-XX REPEALING CODE OF ORDINANCE SECTION 8-26 THROUGH 8-74 AND ENACTING A NEW ANIMAL CONTROL ORDINANCE. Attachments: Animal Control Ordinance 7192010 Animal Control - Safe Haven Attorney Reischmann read the Ordinance for the record. Mr. Landon gave a summary to this Ordinance. Barbara Grossman gave a PowerPoint presentation. Ms. Grossman also gave clarification regarding the restraining issue. Section 6 Duties of Animal Owners add F "shall not exceed 8 feet in length" Ms. Grossman stated it is in our Ordinance now as 5 feet. CM DiStefano- How many people leave their cats out during the day? Are cats allowed to leave private property without a leash? Ans: Ms. Grossman- No, that would be considered an animal at large. Mayor Netts- wanted to clarify that to be a deemed a “dangerous animal"; a sworn affidavit must be completed and not just a verbal complaint from a neighbor. Public Comments: Charlie Erikson- Do feral cats still exist in Palm Coast? Does this ordinance provide for the feral cat issue? Mr. Erikson also wanted clarification on licensing deadlines. Jim Conrad- If an animal is on private property and nobody is with it and the dog leaves the property and bites someone who is charged for it? He stated a dog should be with someone on private property. Jane Culpepper- Will the written complaint be signed by a person and not an anonymous person? Are we criminals if we have a retractable leash? Ms. Culpepper also explained there is a correct way to tether a dog. Responses to Comments: Mayor Netts: Does this Ordinance address the issue of feral cats? Ans: Ms. GrossmanYes, any animal running at large is a public nuisance and it is addressed. Mayor Netts: If you forget to renew your license, do you get a warning? Ans: Ms. City of Palm Coast Page 3 A3 City Council Meeting Minutes July 20, 2010 Grossman- Yes, you get a courtesy notice with reasonable time, then a warning notice, and then it would go into citation. So there are 3 chances to get your licensing. Mayor Netts: There is a dog on private property with no owner around, the dog runs off private property, who is responsible? Ans: Ms. Grossman- The property owner. Attorney Reischmann provided clarification of the different levels of responsibility. Mayor Netts: In answer to the written complaint, yes it has to be in writing and sworn to; Mr. Anonymous does not count. Regarding restraint in a vehicle and tethering? Ans: Ms. Grossman- Yes, that is addressed by definition on page 9, double tether and open vehicle tether system and it is something that we would enforce. This Ordinance was Adopted as amended on Second Reading. Approved: 5 - Mayor Netts, Vice Mayor Moorman, Council Member DiStefano, Council Member Lewis, and Council Member Meeker Enactment No: O2010-10 5 10-273 ORDINANCE 2010-XX AMENDING CHAPTER 44, TRAFFIC AND VEHICLES, ARTICLE V, “TRAFFIC LIGHT SAFETY” OF THE CODE OF ORDINANCES. Attachments: Ordinance - Red Camera Amendment Attorney Reischmann read the title in for the record. Mr. Landon gave a brief update to this item. This Ordinance is back for re-adoption due to non-publication of public meeting. This Ordinance has been published for today. VM Moorman read a letter into the record regarding exemptions from the State of Florida. VM Moorman stated we struck the exemptions from our Ordinance but based on HB# 325 they address those exemptions. Ans: Attorney Reischmann- Section 44-205 states the City will follow State Statute rather than re-cite it verbatim in this Ordinance. We incorporated it by reference. Section 44-209 references the affidavit required as an exemption. CM Lewis-When they file the affidavit with whom do they file? Ans: The traffic control infraction officer. CM Lewis: Is that a City employee? Ans: Attorney Reischmann- That is a City employee. Public Comments: Al Branch- Doesn't see why we need red light cameras. Linda Freise- This is a nuisance ordinance. They do not stop people from going through red lights. This Ordinance was Adopted on Second Reading. Approved: 5 - Mayor Netts, Vice Mayor Moorman, Council Member DiStefano, Council Member Lewis, and Council Member Meeker Enactment No: O2010-09 City of Palm Coast Page 4 A4 City Council Meeting Minutes July 20, 2010 First Reading 6 09566 ORDINANCE 2010-XX REPEALING ORDINANCE 2004-15 AND ADOPTING A REVISED STORMWATER UTILITY ORDINANCE. Attachments: Ordinance Revised Stormwater Utility Service Boundary Map JEA Final Report (available in City Clerk's office and on the web) Attorney Reischmann read the title for the record. Mr. Landon gave a summary of this Ordinance. Juan Bostwick introduced City Consultants, Brett Cunningham and Justin Gregory of Jones Edmonds, who gave a PowerPoint presentation on this item. CM Meeker- Definition for impervious- are lakes and ponds included? Ans: Mr. Cunningham- For calculation purposes they are pervious areas. Page 5 of 14 H Please elaborate is governmental property included? Is the City of Palm Coast paying for stormwater utilities? Are we exempting ourselves? Ans: Mr. LandonYes, we currently pay stormwater utilities, there is an exception which is unplatted property and property that is actually part of the stormwater system. Mr. Meeker noted that the entire airport area is exempt. Page 10 of 14 Regarding vacant single family properties, under b, if I am greater than 1 acre and less than 5, I am .89 ERU, if I am greater than 5 and less than 25 acres, it jumps to 2.96 ERUs. What is the rationale for the jump? Ans: Mr. Cunningham- The rationale is that this was an attempt to eliminate the discontinuities in the rate structure. CM Meeker: Do I have a significant change if my property is 4.988 acres and another that is 5.01 acres? What is the outcome of that? Ans: Mr. Landon-There are certain thresholds that automatically get the credit. One is for over 25 acres; the credit is equal to .89. If you are real small the credit is automatic. It is the in-between ones that may or may not be receiving a different level of service and we need to evaluate them and if you do get the credit, you will be .89. CM Meeker: Has a peer review occurred on the Technical Report? Ans: Mr. Landon Yes, it is very technical and legally in the box. There has been an attorney review, two staff engineers have reviewed it, and there are a couple of engineers in the audience that are willing to give that peer review. Noticed in exemptions we include conveyance areas but not storage area. Is storage area exempt? Ans: Mr. Cunningham- Storage is included in the exemptions. If there is a 100% exemption, how can they appeal? Ans: Mr. Landon- What this is attempting to do is, if your whole property is stormwater conveyance, then the whole property is exempt. If there is a stormwater facility on your property, you will get a credit for that portion that is a stormwater facility. On the examples, the 2nd site is the new super Wal-Mart site. The current fee is $1500 per month and the proposed will drop it down to $160 per month. Ans: Mr. Gregory correct. CM Meeker: Doesn't this whole site drain to the east through wetlands under culverts City of Palm Coast Page 5 A5 City Council Meeting Minutes July 20, 2010 to State Road 100 to Bulow? Why are they charged anything? Ans: Mr. Gregory- these were the examples sent to us and it is possible these were eliminated from the service area boundary. CM Meeker: In Figure 3 that same site is shown and there are wetlands to the east toward the Bulow area, does the super Wal-mart site get a benefit and should they be charged? And likewise there is a small figure in the red area which flows south to Bulow? Ans: Mr. Gregory- There is actually a break in the system at this point which flows North into the City maintained culverts, but we would have to look in detail as to the service area boundary. CM Lewis- wanted clarification on the City limits map and service area. CM Lewis- Why would we impose a higher ERU on vacant land where there is no impervious surface? Ans: Mr. Cunningham- The difference between the 2.96 and the two .89's is the .89s include the 70% reduction in it. CM Lewis- If a person wanted to appeal what would they appeal? For example, if they feel they should not pay the $.89? Ans: Mr. Landon- we calculate the pervious and impervious area and send a bill; we are now saying if you believe you qualify for one of these credits, then you can submit an application and appeal the full charges, you submit the data to us that allows for the appeal. Attorney Reischmann, page 8 of 14 of Ordinance, Section 24-153e, creates the process for the appeal. VM Moorman- first map of the PowerPoint, in the area that is not in the service area, which is bulk land, does this land benefit or contribute stormwater run-off and how would you address those areas? Ans: Mr. Cunningham- Those areas are exempt automatically, they are not in the service area. CM Lewis- trying to understand storage; if vacant land has ability to store stormwater, what area on this map is applicable? Ans: Mr. Cunningham- we had to make an estimate for that. Mayor Netts stated we can look at retention ponds that were built. VM Moorman – Does a property owner, who improved its land, qualify for any appeals since it was required to put in 2 retention ponds? Ans: Mr. Cunningham- Yes, if over 5 acres, they could start with Appeal A. Public Comments Jerome Full- Would like Council to look at this document and not penalize those who use the land the correct way. Charlie Erikson- I am a single family homeowner who receives a monthly utility bill and I purchased a vacant lot next door and leave it vacant, it will have a reduced amount for stormwater charges. I then purchase property in the Matanzas area and build a large home. Al Branch- why are we nickel and diming our residents. Every time we turn around we are being charged something else. Is it a fair price that we pay when we estimate what the runoff is? Can we look to taxes; we don't want to raise taxes. Charlie Faulkner- representing 5 clients today, all who own large raw undeveloped acreage. He is asking Council to not act on this Ordinance today. He feels the City and himself are not in agreement that the volume of runoff should generate the fee. City of Palm Coast Page 6 A6 City Council Meeting Minutes July 20, 2010 He would like to have acreage thresholds deleted as it relates to appeals. He would also like to have raw undeveloped land vested and urge no action and re-evaluate the fairness of this Ordinance, in particular on raw undeveloped land. Mayor Netts- Let the record show that Mr. Faulkner also supplied Council and City Clerk with 2 documents to review. Jay Livingston- represents some of the same land owners as Mr. Faulkner. Spoke of undeveloped raw land, thresholds for appeals, and that the retroactive dates are not reasonable. Regarding the Airport issue, if they use the system, they should be charged otherwise the Ordinance violates equal rights. Dennis Cross- supervisor on Board of Grand Haven CDD. In June 2010, the CDD sent a letter to Council asking for Council's support. On the West side of Colbert Lane, there is a community named the Crossings, which has 133 properties and 6 retention ponds and the CDD maintains the ponds. Currently the CDD pays a fee and will continue to pay a fee as they discharge into the Graham Swamp. The Wild Oaks area has 182 properties and 8 retention/detention ponds that they maintain, and its discharge flows into Ditch 10. He asked for Council's support to pass this Ordinance. Lea Stokes, Preferred Management Services, who represents 17 owners, one is now out, the 16 remaining have a permit from the SJRWM. We do not know how the credit or appeals process works and how much it will cost, and urge Council not pass this Ordinance. David Hamstra, Pegasus Engineering- He is here for the bulk vacant land issue. Gave a brief PowerPoint presentation on maps. Response to Public Comments: Mayor Netts- Mr. Full commented on single family residences who treat their property differently and he agrees yes we need to do everything we can to encourage the most environmentally appropriate use of the land but what we are looking at is an averaging. Mayor Netts- Mr. Erickson raises the question of 1 ERU for small house and 1 ERU for a big house and a portion of an ERU for a vacant lot- it is a question of fairness and process. Ans: Mr. Landon- Yes, that is also why we put the one acre limit because if you get too large of a parcel then it becomes a different situation. It is an averaging approach. Mayor Netts- The philosophical question of stormwater fees versus taxes. Why a stormwater fee vs. a tax? Ans: Mr. Landon user fee is if you are contributing to the system, a tax is for everyone. Mayor Netts- Per Mr. Faulkner and Mr. Livingston, all vacant land should be vested; vacant land is not a user. Mayor Netts would like a legal opinion on validity of their position before second reading. Mr. Landon- how would you like to address this? Ans: Mayor Netts- Let's have a workshop. Mr. Landon stated raw land is the challenge. If the water that flows off that land into a system that the City maintains, then we are providing a conveyance system. If the water flows into a system we do not maintain then there is an exemption to that land, however, if the water on the land flows through a canal that the City maintains, then there is no exemption. Mayor Netts would like to have an opinion on the retroactive date. Ans: Attorney Reischmann will provide a report either through Attorney Anthony Garganese or City of Palm Coast Page 7 A7 City Council Meeting Minutes July 20, 2010 himself to Council. Mayor Netts- Ms. Stokes questioned the appeals process and how will we handle the refund for those who have moved away. Ans: Mr. Landon has instructed staff to begin working on the appeals process and how the implementation of it will work. Mr. Landon stated all the credits are retro-active so the credits are mounting up everyday and those that are not paying will not pay until we adopt the Ordinance. It is not uncommon for a City to be sued over a stormwater ordinance. This Ordinance does not affect single family property owners. The $9 million the City borrowed will affect the $8 per month fee. CM DiStefano- Based on the information provided today and provided by Mr. Livingston, can our legal department get together with Mr. Livingston, the stakeholders, and staff to see how and if and when we can amend the Ordinance. She doesn't want to pass an Ordinance and find the City in a lawsuit. Mayor Netts would like an analysis of everything heard today by staff and legal. Mr. Landon stated that Mr. Livingston’s legal brief was reviewed by our legal counsel. Mayor Netts would like an analysis of what Mr. Livingston is stating and what Mr. Garganese is stating. Ans: Mr. Landon- We can do that. CM Lewis- would like more discussion on what Mr. Livingston is stating. VM Moorman- If two attorneys disagree and a judge winds up as the referee, would that put this on hold, until it is decided by a judge? Would it be better to resolve this up front, rather than wait to see who is right and who is wrong? Ans: Mr. Landon- It is possible the only way to resolve this would be to not charge the property owners. If the only way to resolve is to exempt them and by threat of a lawsuit, then you are not going to have a fair Ordinance. They want to be completely exempt. CM DiStefano- Not to exempt, but can we apply a lower rate? Ans: Mr. Landon- There is room to look at this but there is a 70% reduction. CM DiStefano- Based on their comments, the legal analysis, and what we were given today, can we reduce what we would charge them. Can we negotiate? Mayor Netts turned gavel over to VM Moorman. He commented that he is absolutely opposed to negotiating the fees simply to make a prospective lawsuit go away. Our responsibility is to be fair not popular. If an applicant can demonstrate no benefit, then there's no fee. If they do demonstrate there is no benefit, then they should be charged a fee based on our cost, based on fairness. The goal is to treat everyone fairly and equitably. If you contribute to the problem, you contribute to the solution. Mr. Landon stated the 70% was not included in the original Ordinance, so we have considered those lands. Mayor Netts asked Attorney Reischmann the procedure for when a chair turns over the gavel. Attorney Reischmann advised that if it was the Mayors intention to make a motion, he was correct in turning the gavel over to VM Moorman, however he did not have to relinquish the gavel to make a comment and he is free to be the Chairman of this meeting again. Mayor Netts accepted the gavel back from VM Moorman. Mayor Netts- asked the Attorney how to proceed- passing on first read vs. not passing on first read. Ans: Mr. Reischmann passing on first read does not delay the process. You do not have to hear this on your next business meeting for adoption. He also advised that unless this went to Court and the Court implemented an automatic stay on the implementation and enforcement of this Ordinance, does not City of Palm Coast Page 8 A8 City Council Meeting Minutes July 20, 2010 mean it is automatically stopped. There would have to be an order implementing the stay. Mr. Livingston has essentially raised three legal arguments relating to fairness, equal protection. Mr. Livingston stated as a matter of law his client's property can not be charged. We need to directly respond to that but it will not be today. Number two is the argument relating to the date of the credit. Mr. Garganese will address and give you our legal opinion on Mr. Livingston's legal position. Lastly, equal protection regarding the airport, I will work with Mr. Garganese to address these arguments. Mr. Garganese will be here the first meeting in August, so that may be a good time to address these legal concerns. CM Meeker wanted to know if we can consider another appeal process regarding evapotranspiration occurring on lands. The property itself can handle it itself. Mr. Landon proposed not to vote on this today and let the first August meeting be the first reading and that we need to workshop this with our attorney. Mayor Netts would like to have a workshop with the Attorney who is the expert on this. This Ordinance was Continued. Resolutions 7 RESOLUTION 2010-XX APPROVING A WORK ORDER TO 4C’S TRUCKING & EXCAVATION, INC., IN THE AMOUNT OF $41,520.00, FOR REPLACEMENT OF THE HEADWALL ON THE WEST SIDE OF THE CRANDELL COVE SALTWATER CANAL. 10-306 Attachments: Resolution 4Cs Trucking Work Order Quotes Mr. Landon gave a brief summary of this item. The Resolution was Adopted. Approved: 5 - Mayor Netts, Vice Mayor Moorman, Council Member DiStefano, Council Member Lewis, and Council Member Meeker Enactment No: R2010-101 Other Business 8 10-310 POSTPONEMENT OF THE PUBLIC HEARING FOR THE NEOGA LAKES AND OLD BRICK TOWNSHIP DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER Mr. Landon explained the developer is not ready to move forward and we are letting the public know it is being postponed and we will readvertise for a future date when that date is established. This Development Orders was Continued 9 10-308 APPOINT APPLICANTS TO SERVE ON THE BEAUTIFICATION & ENVIRONMENTAL ADVISORY BOARD Council voted on 4 reappointments and 1 appointment. Council voted unanimously City of Palm Coast Page 9 A9 City Council Meeting Minutes July 20, 2010 on all 5 applicants. A motion was made by Council Member Meeker, and seconded by Vice Mayor Moorman, that the Appointment be Approved. This motion was approved by the following vote: Approved: 5 - Mayor Netts, Vice Mayor Moorman, Council Member DiStefano, Council Member Lewis, and Council Member Meeker Consent Agenda 10 09118 RESOLUTION 2010-XX ESTABLISHING FEES AND FINES RELATING TO ANIMAL CONTROL ORDINANCE 2010-XX. Attachments: Resolution Fee Schedule Animals Animal Control - Safe Haven This item was pulled from Consent by VM Moorman. VM Moorman received several emails regarding the surrender fee of $40. In these economic times people can't afford the $40 so they will turn their animal loose. Is there a provision to waive that fee? Ans: Mr. Landon the Humane Society charges us the $40 to $75 but in order to avoid the $40 fee, the owner would take the animal directly to the Humane Society. The Humane Society asks for a $20 donation. Public Comment: Jane Culpepper drop the charge, have a heart, these are hard times. How many are there each month? A motion was made by Vice Mayor Moorman and seconded by Council Member DiStefano that the Resolution be Adopted. This motion was approved by the following vote: Approved: 5 - Mayor Netts, Vice Mayor Moorman, Council Member DiStefano, Council Member Lewis, and Council Member Meeker Enactment No: R2010-102 11 10-233 RESOLUTION 2010-XX APPROVING A CONTRACT WITH S. E. CLINE CONSTRUCTION, INC., FOR ITB-SW-10-07 - RIPPLING WATERWAY CONTROL STRUCTURE REPLACEMENT, IN THE AMOUNT OF $85,325.00. Attachments: RESOLUTION Bid Opening Tab Contract Summary - S E Cline - Rippling Waterway MAP The Resolution was Adopted. Approved: 5 - Mayor Netts, Vice Mayor Moorman, Council Member DiStefano, Council Member Lewis, and Council Member Meeker Enactment No: R2010-103 12 10-294 City of Palm Coast RESOLUTION 2010-XX APPROVING CONTRACTS WITH LONNIE GROOT OF STENSTROM, MCINTOSH, COLBERT, WHIGHAM & PARTLOW, AS PRIMARY HEARING OFFICER AND JAMES ROSE OF Page 10 A10 City Council Meeting Minutes July 20, 2010 RICE & ROSE, AS THE ALTERNATE HEARING OFFICER. Attachments: Resolution Hearing Officer Hearing Officers Evaluation Summary Contract Summary - Lonnie Groot Contract Summary - James Rose This item was pulled off of consent by the Mayor at the request of Jack Carroll. Jack Carroll- Several years ago the City had an attorney, Mr. Groot, who refused to sign his contract and the City paid him $60,000.00. If Mr. Groot decides to walk away from this contract, will we pay him 1/2 his salary again? What do we need a hearing officer for and how much does he get paid? Ans: Mr. Landon at that time, he was a City employee under contract. This time he is not a City Employee he is more like a consultant. The fee is the same fee we have paid previously for our hearing officer $135 per hour, so there is no employment severance. We need a hearing officer for appeals to Animal Control and other code issues that are non property related. Ms. Grossman stated a hearing officer will hear any civil citation addressing trash, no permit. Codes addressed under Chapter 2 through a hearing officer not our Code Board. Mr. Landon an appeal of the hearing officer is to State and County system. Ms. Grossman- Yes, through the Circuit Court. The Resolution was Adopted. Approved: 5 - Mayor Netts, Vice Mayor Moorman, Council Member DiStefano, Council Member Lewis, and Council Member Meeker Enactment No: R2010-104 End of Consent Agenda D. Public Participation Al Branch- How long is the contract for Kemper Sports for the golf course? When is the cover going to be put on the deck? We need to watch our dollars, keep them here and hire from here. Jack Carroll- Daytona is bringing in high tech industry with the aeronautics, why is Daytona and St. Augustine getting these big industries and we are getting nothing? What is the Chamber and Flagler Enterprise doing? Mr. Carroll also wanted to remind people not to vote for the $.25. Lewis McCarthy- Belle Terre South- Is there a road being constructed near Pritchard on the east side? It looks like pipe is being laid. What is it and how long will it take? Responses to Public Comments: Mayor Netts: How long is our contract with Kemper Sports? Ans: Mr. Landon- The contract with Kemper is either 3 or 5 years. Mayor Netts: Will we have a cover by January? Ans: Mr. Landon- Yes, that has always been part of the plan. The deck will have a cover and will pay for itself long term. Mr. Landon will get an update and get back to Council. City of Palm Coast Page 11 A11 City Council Meeting Minutes July 20, 2010 Page 10 City of Palm Coast July 20, 2010 City Council Meeting Minutes Mayor Netts commented on the comment regarding keeping the dollars here. He stated local preference was implemented a few years ago. The downside to too much local preference is that you discourage the outside contractors from bidding at all. It is a balancing act. Mayor Netts- What does Flagler Enterprise do? Mayor Netts requested an update from Flagler Enterprise. Mr. Landon asked if that update should be at a business meeting. Mayor Netts would like to have an update from Enterprise Flagler at a business meeting. Mayor Netts: The mini roadway that we are building down on Belle Terre, what is it? Ans: Mr. Landon- There is a path being built on Belle Terre to get the kids to the school without them having to cross Belle Terre. We are in Phase 1. Phase 2 will require additional pipe work and permitting. There are 3 phases to this project. This project is being funded through the federal stimulus dollars. The path will go from Matanzas Woods to US 1. It will take some time since it is in phases. E. Discussion by CITY COUNCIL OF MATTERS NOT ON THE AGENDA VM Moorman commented Belle Terre is starting to look up even though we have negative comments on the steel railings. Mr. Landon stated we are still waiting for the final layer of asphalt. The railing is stainless steel and it is there as a safety factor. CM Lewis- Comment to Jack Carroll, he read an article on Economic Development and the City needs to develop a brand. The deceleration lanes on Palm Coast Parkway near Vystar, there are paving issues that need to be looked at. Ans: Mr. Landon will look into it. CM DiStefano- At the intersection of Parkview and Belle Terre, the yellow reflector has been knocked down. Could we please have public works go out and get that put back up? Ans: Mr. Landon Yes. CM Meeker- stopped in to see the Tax Collector and inquired as to what the volume of service is at the Palm Coast branch. It is highly trafficked. Would this be an opportunity to put up some flyers in that Palm Coast branch? Ans: Mr. Landon- Yes, we will. Regarding the issue of water and sewer for the National Guard site; there are 3 different fees for service. Bulk rate is $2.06 which is less than what residents pay. Can we workshop this issue? Ans: Mayor Netts asked Mr. Adams to workshop this issue of the rate study. Mayor Netts- The City of Palm Coast was advised by the JTA that they were considering forming a regional transportation authority, invited everyone but Flagler County to be included in discussions in Jacksonville. Mr. Landon, Commissioner Holland and himself did attend some of the Phase 1 meetings. Legislation has been enacted requiring the JTA to take certain steps towards developing a regional plan. County has sent a letter asking the City to designate one representative to attend these meetings. Would Council like to have the Mayor attend the JTA meetings? City of Palm Coast Page 12 A12 City Council Meeting Minutes July 20, 2010 Council unanimously agreed. F. Discussion by CITY ATTORNEY OF MATTERS NOT ON THE AGENDA Nothing at this time. G. Discussion by CITY MANAGER OF MATTERS NOT ON THE AGENDA Nothing at this time. 10-316 ATTACHMENTS TO MINUTES 7/20/2010 Attachments: [CC - Attachments to Council Minutes] 07_20_2010 - 6 - 07_20_ [CC - Attachments to Council Minutes] 07_20_2010 - 6 - 07_20_ [CC - Attachments to Council Minutes] 07_20_2010 - 9 - 07_20_ H. Adjournment The meeting was adjourned at 12:39 p.m. Respectfully submitted, Virginia Smith, Assistant City Clerk City of Palm Coast Page 13 A13