- April 20, 2024
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Palm Coast is hiring an aquatic engineering firm to inspect the city's damaged Holland Park splash pad and determine what caused the delamination problems that have led the city to shut the facility down for safety reasons.
The $5 million pad had opened in May of 2021, but has remained closed since the October 2021.
"We'll be looking at construction techniques, we'll be looking at design ... the whole package."
— KEN MARTIN, founding principal, Martin Aquatic Design & Engineering
"We'll be looking at construction techniques, we'll be looking at design ... the whole package. So we want this to be a very comprehensive service," Martin Aquatic Design & Engineering founding principal Ken Martin told City Council members during a June 7 councilman meeting.
That information will be used in mediation or a potential lawsuit against the firms responsible for the splash pad's construction.
The city has sent out a notice of claim against four contractors — BBI Construction Management, No Fault LLC, S&ME and Westfield Insurance Company — involved with the building of the splash pad.
The city is first seeking mediation, and hasn't yet started formal legal proceedings.
But Mayor David Alfin wasn't pleased that the city was preparing to pay an estimated $22,100 for the Martin Aquatic study on the extent of the damage.
"If we're forced to lay out the $20,000, whatever the number is, is that recoverable by us, and do we have great confidence that we're going to get it back?" Alfin asked the city's attorney at a June 7 council meeting. "Because I'm offended by us having to pay for that study."
The attorney said he believed the cost of the study would be recoverable, and added that the data from the study would be necessary for the city to make its case.
"The time lost for residents to use the park is probably somewhat incalculable," Alfin said. He asked if that would be part of the city's protest when the issue goes to mediation.
"I fully agree with your comments here, and I hope we make a major effort to recover these damages," Councilman Ed Danko said.
The city's attorney said that the loss of use is something that would be stressed in mediation, but warned that it would be difficult to quantify.
It's not yet clear if the city will fix the pad or have something else built in its place.
Councilman Nick Klufas said he thought that resolving the splash pad issue should be one of the city's top priorities.
But, he said, "I'm not as confident that we're going to have success dealing with these individuals — I mean, the one company is called 'No Fault LLC.'"
"You can't write comedy like that; you just can't," Danko said.
The attorney said that the city's next step would be determining at what point the city would file an actual suit.
The city hasn't yet gotten a commitment from the contractors on a mediation process and timeline, he said; if it can't get one by August, the city may need to escalate.
Martin Aquatic's report will also include suggestions for what the city can do with the facility in the future, and how much various options may cost, Martin said.
"We believe there are some very significant issues, and we're already a little bit alarmed on the magnitude of the corrections it might take," Martin said.
Alfin asked if Martin was committed to the returning the splash pad to its original use.
"That would certainly be an option. There may be other options," Martin said.
"That's what I want to get to — other options," Alfin said.
The council voted unanimously to approve the contract with Martin Aquatic Design & Engineering.
