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Independent Reporting · Palm Coast, Florida
Palm Coast City Council

Business Meeting — Tuesday, August 1, 2023

Processed 2026-10-08
Source Documents
Agenda PDF Approved Minutes PDF
Agenda
A
Call To Order
B
Pledge Of Allegiance To The Flag And A Moment Of Silence
C
Roll Call
D
Public Participation
Forensic Audit Demand for City Finances

Demand for a forensic audit of city finances by an outside firm; allegations of improper rezoning, misuse of the utility enterprise fund, a 30% add-on to contracted trash collection, and the city's reliance on an Orlando law firm with alleged conflicts of interest.

Caller for city employees to come forward as whistleblowers.

Stormwater System Capacity Ahead of Hurricane Season

Concern about the capacity of the stormwater system as hurricane season peaks, noting standing water throughout the city, red-light PEP tank alarms indicating full tanks, and asking for a public statement on the system's excess capacity percentage.

capacity
Utility Bills, Speeding, and Council Member Background

Rising water bills and additional fees; a speeding vehicle observed in the C-section; and a comment to the mayor that council members should not have past criminal records.

Gas Tax Revenue and Road Repaving Funding Gap

Questions about the street improvement special revenue fund (gas tax fund): whether the $8 million in revenues reduces the $52 million repaving deficit, and whether Flagler County could increase the local option fuel tax from 6 cents to a higher rate to generate additional paving revenue.

PACE Center for Girls Services in Flagler County

Introduction of PACE Center for Girls of Volusia-Flagler, a free day program serving middle and high school girls with academic and counseling services; announced that transportation for Flagler County girls is now available year-round.

Trash Can on Florida Park Drive and Vacant Lot Maintenance Costs

Request for a trash receptacle on Florida Park Drive near the Fern Canal; concern about vacant lot owners not paying for right-of-way maintenance while homesteaded residents bear the cost; high water bills for two elderly residents who do not water their lawn.

Opposition to Beltway, Road Condition and Paving Budget Concerns

Thanks to Vice Mayor Danko; opposition to a proposed $25 million beltway from Matanzas to Palm Coast Parkway, arguing builders who benefit should fund it; road conditions including missing lane markings on Wellington Drive and repeated pothole repairs in the same locations; misappropriation of paving budget funds.

Code Enforcement Staffing and Restriction Awareness

Ongoing code enforcement concerns: garbage pails stored visibly in front of garages, commercial vehicles parked on swales, lack of information for new residents about city restrictions, insufficient code enforcement staffing — alleged one officer per section going out only twice a month.

Impact of City Fees and Taxes on Struggling Residents

Economic hardship caused by inflation; concern that rising city fees and taxes may force elderly residents to sell their homes and prevent families from buying healthy food; questioned whether the city tracks how many residents are at financial risk from fee increases.

Prioritizing Community Problems and Road Conditions

Invited council members to ride through his neighborhood to see road conditions firsthand; proposed council members each take one or two community problems, develop solutions, prioritize them, and report back — arguing visible progress would generate public support rather than complaints.

Backyard Chicken Pilot Program Advocacy

Advocacy for a backyard chicken pilot program ordinance; thanks to council members who met with advocates; discussion of benefits including therapy for veterans with PTSD, educational value for children, food independence, and organic pest control; pilot program was negotiated to 4-6 hens with code enforcement input.

Backyard Chickens as Property Rights and Personal Freedom

Additional advocacy for backyard chicken ordinance; argued many families already keep chickens undetected; framed as a personal freedom and property rights issue; noted the proposed pilot limit of 20 families should be expanded periodically if successful.

Request to Restore Prayer at Council Meetings

Discussion of the historical significance of an 'Appeal to Heaven' flag commissioned by George Washington; called on council to reconsider allowing prayer at meetings; offered an on-the-spot prayer for the council and city.

Archaeological and Historical Concerns at Coquina Shores Site

Concerns about the Coquina Shores development and lack of archaeological study on the property; cited prehistoric sand dunes, items exhibited at Flagler Beach Historical Museum, historical land grant owners including Francisco Pedro Peducer, and questioned the buffer near a Masonic Cemetery and impacts on the Old Kings Road remnant.

Backyard Chickens for Food Security

Additional support for backyard chicken ordinance; emphasized desire for an independent food source for family amid economic uncertainty.

Party Foul Group Supports Backyard Chicken Vote

Additional advocacy for backyard chicken pilot program from a group called Party Foul; expressed anticipation of a yes vote at the upcoming August business meeting.

Multiple Chicken Advocacy Groups Thank Council Before Vote

Advocacy for the backyard chicken pilot program on behalf of three local groups (Broncos Chicken Alliance, Palm Coast Backyard Chickens, Party Foul); quoted Rocky Balboa; thanked council for meeting with advocates; clarified the vote timeline, noting the mayor indicated the ordinance would go to a workshop before a business meeting vote.

Daytime Meeting Votes, Traffic Safety, and Development Concerns

Criticized the practice of scheduling votes on sensitive issues at daytime meetings (specifically citing the franchise fee vote and prior vehicle signage vote); expressed frustration with council voting patterns; raised a safety concern about the turn lane at Palm Coast Parkway and the hospital entrance not extending to Bridgehaven Road; opposition to multi-family housing development; support for forensic audit and more commercial development on the west side of town.

Wetlands Parcel at Palm Coast Parkway and Colbert Lane

Opposition to development on the wetlands parcel at Palm Coast Parkway and Colbert Lane; stated the 4.4-acre site contains over 1,000 trees and three streams; argued remediation would be too costly and destructive; suggested the existing nearby fire station could be expanded instead.

Flooding Damage from New Home Built Above Grade in W-Section

Flooding and stormwater drainage damage in the W-section caused by a neighboring new home built two feet above the existing grade; lost five mature fruit trees and grapevines; concern that two additional homes to be built behind her property will worsen flooding; questioned city responsibility for changing elevation codes.

Prayer at Meetings and Franchise Fee Opposition

Prior attendance to advocate for prayer at meetings; cited 20 of 25 attendees at an earlier meeting supporting prayer but council rejecting the motion; called on council to make righteous decisions, referenced biblical scripture Proverbs 29:2; argued franchise fees and other tax increases violate conservative principles.

Storage Costs Burden on Small Business Owners

Support for storage space for small business owners operating vehicles and trailers; stated current storage costs exceed $600/month forcing small business owners to overcharge customers; alleged some council members are partners in storage facilities.

Mayor's Alleged 'Loudmouth Minority' Comment and Franchise Fee Opposition

Referenced a Flagler Weekly article in which the mayor allegedly described frequent public meeting attendees as a 'loudmouth minority'; stated his social media posts draw on information from city staff and council sources; criticized the franchise fee process as being pushed without adequate public awareness; called for no utility franchise fee.

Forensic Audit, Fee Opposition, and Budget Cuts Challenge

Called for a forensic audit; argued residents should not have to beg for basic rights including chickens in their yard or work vehicles in their driveways; accused city of 'legalized larceny' through fee increases; challenged city manager to find 10% budget cuts; praised council members who scrutinize the budget.

Mayor's Alleged Comment and 2021 Educational Impact Fee Opposition

Confronted the mayor about an alleged social media post calling public meeting attendees a 'loudmouth minority'; reviewed the mayor's opposition in 2021 to increasing educational impact fees charged to builders while serving as president of the Ed Foundation; argued the mayor's past position was inconsistent with his prior education advocacy role.

Audit Request Process via Florida Attorney General and JLAC

Reported contacting the Florida Attorney General about how to request an operational audit; shared the AG's response citing Florida Statute 11.451 and the JLAC process; shared the Florida Commission on Ethics contact information; expressed concern about moving from New York expecting a better-governed community and finding similar issues.

Rapid Growth Without Adequate Schools, Doctors, and Roads

Concern that the franchise fee effort having failed should lead to finding alternatives rather than trying a utility franchise fee; criticized lack of schools, pediatricians, teachers, and street lights for the volume of new homes and children being brought in; described her street as a drag racing zone with speeding vehicles.

How City Justifies New Fees Given Revenue Growth

Asked how the city can require new franchise fees and additional costs given increased tax revenues from new construction, rising property values, multi-family development, and impact fees already collected.

FPL Franchise Fee Commerce Clause and Energy Efficiency Concerns

Argued the FPL franchise fee likely violates the U.S.

Commerce Clause as a discriminatory monopolistic burden; warned it disincentivizes energy efficiency since lower consumption means lower franchise revenue; advocated for allowing residents to choose their power suppliers through free market competition.

E
Minutes
E.1
Minutes Of The City Council:

Council approved the minutes of the July 18, 2023 Business Meeting and the July 25, 2023 Special Budget Workshop by separate unanimous voice votes with no discussion.

F
Proclamations And Presentations
F.2
Proclamation - August 2023 As Water Quality Month
F.3
Proclamation - August 7, 2023, As Purple Heart Day
F.4
Presentation - Update On The Franchise Fee Agreement With Florida

Council Member Pontieri reported that FPL declined to agree to the condition attached to the prior motion — that any future franchise fee rate changes be subject to a non-binding public referendum — so the motion was formally withdrawn.

Pontieri provided a detailed explanation of the 80/20 commercial-to-residential revenue split that made the franchise fee attractive versus millage collection.

Vice Mayor Danko moved that any future attempt to enter into an electrical franchise fee agreement must first go to a public referendum, council reached consensus, and the city attorney was directed to bring back an ordinance to that effect.

G
Appointment
G.5
Appoint One Member To The Volunteer Firefighter Pension Board

Three candidates — Daniel Hackney (11-year firefighter and union vice president with pension plan experience), Donna Stancil (retired Federal Reserve programmer/analyst and business professional, new resident), and incumbent Robert McDonald (board vice chairman with two years of service) — each presented to council.

By secret ballot, Hackney received three votes to McDonald's two and was appointed to the Volunteer Firefighter Pension Board.

Vote: 3-2 (Hackney appointed; McDonald not selected — individual council member votes not stated on record)
H
Ordinances Second Read
H.6
Ordinance 2023-xx Establishing The Coquina Shores Community

Council held the second reading of the ordinance establishing the Coquina Shores Community Development District.

Staff noted no changes since first reading and clarified the project was downzoned from 2,411 to approximately 750 units.

Two public speakers raised concerns about archaeological resources, the Old Kings Road remnant on the property, and the buffer near a historic Masonic Cemetery; staff addressed each and the city manager committed to follow-up with concerned residents.

Council approved the ordinance unanimously.

Vote: 5-0
Public comment on H.6 · 2 speakers
Traffic and Road Capacity Concerns for Coquina Shores Area

During H.6 public comment: expressed general support for CDDs like Coquina Shores but raised concern about road access and traffic capacity for surrounding roads as new development adds thousands of homes; asked where impact fees go if roads are not being widened.

capacity
Archaeological Study, Old Kings Road, and Cemetery Buffer at Coquina Shores

During H.6 public comment: asked three specific questions about the Coquina Shores site — what archaeological study has been done, what happens to the Old Kings Road remnant on the property, and how large a buffer will be provided next to the Masonic Cemetery.

I
Ordinances First Read
I.7
Ordinance 2023-xx Voluntary Annexation Of 330.8 Acres South Of Flagler Zoning

Council heard the first reading of an ordinance annexing about 330.8 acres south of Flagler County Airport for the Cascades (application 5108), requested by Byrndog PCP, LLC.

Senior Planner Phong Nguyen said the land meets the statutory tests for voluntary annexation, and that city ordinances and a settlement agreement require land in the city's utility service area to annex before it can receive city utilities.

Council Member Pontieri asked whether annexation is required when utilities are requested and whether the owner could instead pay the outside-city surcharge; staff said the settlement agreement and ordinances do not allow that, and she said "the wiggle room is very small." Resident Celia Pugliese asked about utility capacity and raised flight-school noise near the airport; resident Steve Carr asked what annexation would cost the city, and Ray Tyner said infrastructure is at the developer's cost.

Mayor Alfin got consensus for staff to ask the county about changes in airport use.

The first reading passed on a voice vote.

Vote: 5-0 (motion Klufas, second Danko; Alfin, Danko, Klufas, Pontieri, Heighter yes)
capacity
Public comment on I.7 · 2 speakers
Utility Capacity and Airport Flight School Noise Near Annexation Site

During I.7 public comment: expressed support for the Cascades annexation but raised concern about utility system capacity to serve both Coquina Shores and the new 330-acre annexation; expressed specific concern about proximity to the Flagler County Airport and the noise nuisance from flight school touch-and-go traffic affecting Quail Hollow and Seminole Woods residents; called for the city to create an oversight committee for airport noise complaints.

Cascades capacity
Cost to City of Annexation Process

During I.7 public comment: asked how much the annexation process costs the city including legal, survey, zoning, and planning expenses.

J
Resolutions
K
Consent
K.8
Resolution 2023-xx Approving A Contract For Management Of The Ralph

Council approved a resolution authorizing a contract with Diamond Communications, LLC for management of the Ralph Carter Park cell tower, intended to facilitate co-location of carriers to improve cell phone coverage.

The Palm Coast Flagler Regional Chamber president spoke in support, calling it a meaningful step toward addressing the county's poor cell signal infrastructure.

Vote: 5-0
Public comment on K.8 · 1 speaker
Support for Cell Tower Contract to Improve County Cell Coverage

During K consent agenda public comment: praised the cell tower management contract as an important step toward improving Flagler County's poor cell phone coverage, noting the chamber considers it a safety and business infrastructure issue; credited city staff with identifying the co-location opportunity.

K.9
Resolution 2023-xx Approving Piggybacking The St. Johns County Contract

Council approved a resolution piggybacking the St.

Johns County contract with Peggy Malone & Associates, Inc. for traffic count system services as part of the consent agenda.

No separate discussion was held on this item.

Vote: 5-0
L
Public Participation
Homebuilders Association Role in Educational Impact Fee Process

During L public comment: clarified the Flagler homebuilders association's role in the 2021 educational impact fee process; stated the association presented facts and data from the school board itself and that the city was not involved until the interlocal agreement stage; defended the association's advocacy as opposing government overreach rather than opposing education.

International Overdose Awareness Day Event August 31

During L public comment: invited the council and public to an International Overdose Awareness Day event on August 31 — a walk from Wadsworth Park over the bridge to Flagler Beach followed by a ceremony at Veterans Park; cited statistics that Flagler County ranks between 5th and 10th highest in overdose deaths among Florida's 67 counties and over 90% occur in Palm Coast.

Grants for Road Infrastructure and Budget Inclusion for Paving

During L public comment: thanked Council Member Klufas for his educational comments during the meeting; praised Matanzas Woods Parkway repaving; suggested the city pursue state or federal grants to fund road infrastructure repair; challenged council to build road maintenance into the annual budget.

State Road Funding and Support for First Responder Budget

During L public comment: described attending meetings to understand how city government works; noted the city received state and DOT funding for Matanzas Woods Parkway, White View, and Old Kings Road widening; expressed support for law enforcement and First Responders; cited specific budget figures showing 13-14% annual increases in the sheriff's contract approaching $7.4 million.

Flagler County Jobs Growth, Business Expo, and Road Praise

During L public comment: reported Flagler County unemployment rose from 3.3% to 3.6% but nearly 500 more people were employed than the prior month, eclipsing 51,000 employed residents; announced a Business Connections Expo at Daytona State College on September 15; praised Matanzas Woods Parkway repaving; agreed with the homebuilders association executive on the impact fee issue.

M
Discussion By City Council Of Matters Not On The Agenda
N
Discussion By City Attorney Of Matters Not On The Agenda
O
Discussion By City Manager Of Matters Not On The Agenda
P
Adjournment
P.10
Agenda Worksheet And Calendar

The agenda worksheet and calendar item was listed but not separately discussed at the meeting.

Advisory Notes
— (public_comment, D) Multiple speakers called for a forensic audit of city finances, including allegations about improper use of the utility enterprise fund, a city law firm with alleged conflicts of interest, and building inspection irregularities. Following public comment, council reached consensus to direct staff to research the process and cost, with a majority expressing support for conducting one. This represents a notable policy development arising directly from public pressure.
— (context, F.4) The FPL franchise fee has now failed before this council three times. Vice Mayor Danko's motion to require a public referendum before any future electrical franchise fee agreement can be considered — if enacted as an ordinance — would represent a significant structural constraint on future councils. The city attorney flagged that future councils could repeal such an ordinance, but the consensus direction to proceed was clear.
— (public_comment, D) A speaker directly accused the mayor of calling public meeting attendees 'loudmouth minorities' in a media post; the mayor disputed the characterization from the dais and warned the speaker about making fabricated statements. The exchange was heated and the speaker and mayor referenced an ongoing pattern of public criticism of the mayor's conduct.
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