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Independent Reporting · Palm Coast, Florida
Palm Coast City Council

Business Meeting — Tuesday, August 15, 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
Workshop public-comment policy and Belle Terre bridge delay

Speaker raised concerns about the workshop meeting policy that prevents residents from asking questions of presenters during workshop agenda items, specifically citing frustration that she could not ask questions of the contractor presenting about canal and stormwater repairs.

She also asked about the status of a bridge on Belle Terre, which she said was reported to be a million dollars in the hole and still unfinished as schools reopened.

Demand for city government forensic audit

Speaker demanded council approve a forensic audit of city government from bottom to top, accusing unnamed parties of attempting to walk back a prior unanimous council vote supporting the audit.

He urged employees to become whistleblowers and alleged that sub-government decision-making within city departments had gone unexamined.

He cited the Enterprise fund as having excess cash to pay for an audit.

Speeding and safety on Ryan Drive

Speaker asked whether the city would consider installing speed bumps on Ryan Drive, citing blind curves, speeds she estimated at 45-50 mph, an incident requiring the Sheriff's Department, no sidewalks, and heavy pedestrian and bicycle use.

She noted a curve on the road is locally called Dead Man's Curve.

Traffic impact on Seminole Woods Boulevard from new development

Speaker raised concern about the cumulative traffic impact on Seminole Woods Boulevard from the Seminole Trails development and the proposed Cascades development, noting a prior traffic study based on roughly 400 single-family homes may be outdated now that the application has grown to over 800 residential units.

She suggested widening Seminole Woods Boulevard to four lanes all the way to US-1.

Cascades
Grand Landings HOA stormwater billing and ERU calculations

Speaker identified himself as a Grand Landings HOA member who was tasked with investigating why the HOA pays over $20,000 per year in stormwater costs while individual homeowners collectively pay roughly $100,000.

He praised city employees Andrea Mudrick and Carmelo Morales for their helpfulness in explaining ERU calculations.

He expressed ongoing concern about whether the HOA's internal pond and dry-pond system should reduce its stormwater fee liability.

Grand Landings
Forensic audit support, airport zoning, and water supply protection

Speaker raised multiple points: supported the forensic audit, raised concerns about airport area zoning and the need for city planning attention to what is being zoned near the airport given the county's inaction, and urged council to verify that wellheads to the west of US-1 are protected and that water capacity calculations support the level of development being approved.

capacity
Support for city forensic audit as preventive governance measure

Speaker expressed support for the forensic audit, describing it as a preventive measure similar to thermal imaging inspections she used as an electrical engineer at General Motors.

She referenced the 2011 Town Center development plan that was never completed, a property tax jump from $2,100 to $5,300, and a general sense of public mistrust in city decision-making.

She argued an audit would reveal whether the city has stellar, mismanaged, or possibly corrupt governance.

E
Minutes
E.1
Minutes Of The City Council:

Minutes of the August 1, 2023 Business Meeting and the August 8, 2023 Workshop Meeting were moved by Council Member Pontieri, seconded by Council Member Klufas, and approved by voice vote on separate motions without discussion.

F
Proclamations
F.2
Proclamation - August 31, 2023, As International Overdose Awareness
G
Ordinances Second Read
G.3
Ordinance 2023-xx Voluntary Annexation Of 330.8 Acres South Of Flagler Zoning

The voluntary annexation of approximately 330.8 acres south of Flagler County Airport (the Cascades parcel, application 5108) received its second reading.

Staff confirmed it meets statutory contiguity and compactness requirements.

Three residents spoke: Bob Meyer and Jan Manella asked about the 44 acres in Grand Landings (staff said the 44-45-acre "hook piece" was annexed earlier and will come back with a future FLUM amendment and rezoning), and Dennis McDonald raised airport noise.

Council briefly discussed commissioning a noise study for the airport and noted airport representatives will present to council in October.

The ordinance passed 5-0 on a roll call, on a motion by Klufas and a second by Danko.

Vote: 5-0 (motion Klufas, second Danko; Danko, Heighter, Klufas, Pontieri, Alfin yes)
Cascades
Public comment on G.3 · 3 speakers
Cascades annexation acreage and Grand Landings master plan boundary

Speaker, who identified himself as a Grand Landings resident, asked whether the 330.8-acre Cascades annexation parcel included or excluded a separate 44-acre tract referenced in some publications as being owned by JTL Grand Landings development, and whether that acreage would affect the current Grand Landings master plan.

Cascades Grand Landings
Airport noise proximity concerns for Cascades annexation area

Speaker raised concerns about the city annexing land near the Flagler County Airport and asked how council plans to protect future residents from airport noise and how it intends to engage with county commissioners who have refused to address residents' airport concerns.

He asked what federal zoning regulations near airports might apply.

Cascades parcel acreage and Grand Landings master plan impact

Speaker asked for clarification on whether the 44-acre tract described as owned by JTL Grand Landings would be taken away from the current Grand Landings master plan development or whether it is simply adjacent land being incorporated into the Cascades project.

Cascades Grand Landings
H
Ordinances First Read
H.4
Ordinance 2023-xx Belle Terre Estates Master Planned Development (mpd) Zoning

The Belle Terre Estates MPD (application 5302) — a 40-acre site at Belle Terre Boulevard and Citation Boulevard proposed for 275 townhomes, neighborhood commercial space, and a donated 1.2-acre public dog park — received its first reading.

Staff and the applicant presented; extended council discussion addressed the public-benefit justification for smaller-than-code lot sizes, concern about the potential future conversion of adjacent mixed-use land to residential, workforce and senior housing needs, and the timing of commercial pad-readiness and park dedication.

Staff was directed to clarify the commercial development timeline in the MPD agreement and revisit the proportionality of lot-size deviations before second reading.

The ordinance passed 4-1.

Vote: 4-1 (Danko yes; Heighter yes; Klufas yes; Alfin yes; Pontieri no)
MPD Agreement
Public comment on H.4 · 3 speakers
Commercial business recruitment and job creation for growing city

Speaker asked whether the city has a board or department actively recruiting commercial businesses to Palm Coast, expressing concern that approving residential development without corresponding commercial job creation will cause young people to leave the city.

She offered to help recruit businesses if pointed to the right contacts.

Parking concerns in Belle Terre Estates townhome project

Speaker commended the Belle Terre Estates project's mixed-use approach and step-down commercial design but raised concerns about parking, specifically that many residents store items in garages and park cars outside, and suggested the MPD include a requirement that residents park vehicles in their garages.

He also criticized a separate planning decision in which he said thousands of square feet of existing commercial space was demolished and replaced with a gas station, calling it a planning failure.

Affordable housing terminology and call for employee whistleblowers

Speaker criticized the use of the term 'affordable housing' as meaninglessly vague and called on city employees to use the city's whistleblower program or contact the state attorney's office, FDLE, or the state auditor general if they have observed wrongdoing inside city government.

H.5
Ordinance 2023-xx 2023 Amendment To The Marina Village Master Planned

The 2023 Amendment to the Marina Village MPD (application 5448) — increasing residential units east of Colbert Lane from 423 to 845, reducing commercial floor area from 160,500 to 103,000 sq ft, and lowering maximum building heights from 95 to 60 feet on several tracts — received its first reading.

Council raised questions about guaranteeing fuel service at the marina, preserving depicted green space and a waterfront restaurant or hotel in the development agreement, ensuring townhome specifications comply with LDC, the adequacy of the environmental kiln-dust remediation report received the prior evening, and the potential impact of the adjacent Sea Ray/Whaler manufacturing facility on residential uses.

Staff was directed to work with the applicant on several clarifications before second reading.

The ordinance passed 4-1.

Vote: 4-1 (Danko yes; Heighter yes; Klufas yes; Alfin yes; Pontieri no)
Public comment on H.5 · 1 speaker
Marina Village MPD commercial reduction, employer compatibility, and kiln-dust remediation

Speaker raised concerns about reducing commercial space in the Marina Village MPD while increasing residential units, questioned whether the project's vision for a restaurant and hotel is truly guaranteed or just aspirational, and asked about the risk that the adjacent Sea Ray/Whaler boat manufacturing plant (a major county employer) could be driven out by complaints from new residential neighbors.

He also expressed skepticism about the kiln-dust environmental report submitted the evening before the vote.

I
Resolutions
I.6
Resolution 2023-xx Approving An Amendment To The Drmp, Inc., Contract

Council approved a contract amendment with DRMP, Inc. for design updates and post-design services on Old Kings Road North Widening Phase II in the amount not to exceed $901,933.32.

Staff explained the project is funded by legislatively appropriated dollars and that the design updates are needed to meet current FDOT specifications before a construction contract is bid.

The resolution passed unanimously.

I.7
Resolution 2023-xx Approving A Work Order With Drmp, Inc., For

Council approved a DRMP work order for $351,929 to update design documents for the Belle Terre Safety Improvement Project — adding right-turn lanes and drainage improvements at several intersections along Belle Terre Parkway including Pritchard Drive, Whippoorwill Drive, White View Parkway, Pine Grove Drive, Ponce de Leon, Point Pleasant, and Royal Palms — in preparation for a construction bid funded by $4.5 million in state appropriations.

The resolution passed unanimously.

Public comment on I.7 · 1 speaker
Belle Terre safety project construction scheduling during off-peak hours

Speaker commented on the Belle Terre Parkway safety improvement project, noting that impact fees fund the work and that expanding road capacity and collecting impact fees are not mutually exclusive.

He asked whether construction work could be scheduled outside peak morning and afternoon traffic hours to reduce congestion during the project.

capacity
I.8
Resolution 2023-xx Authorizing The City Manager To Sign Hazard

Council authorized the city manager to sign FEMA Hazard Mitigation Grant Program applications for four projects totaling approximately $5.9 million (75% federal, 25% city match): PEP panel replacements, emergency backup pumps for lift stations, well-field generator upgrades, and a Colbert Lane stormwater culvert expansion.

Staff noted Flagler County is allocated approximately $2.8 million in Tier 1 funding and the city is over-applying to capture potential Tier 2 surplus.

The resolution passed unanimously.

I.9
Resolution 2023-xx Approving A Contract With Custom Built Marine

Council approved a construction contract with Custom Built Marine Construction, Inc. for the London Waterway Expansion Project at $8.236 million — approximately double the engineer's estimate — along with a DRMP CEI work order and a $702,000 project contingency, for a total project cost funded by ARPA dollars and $2 million from the stormwater fund.

Significant council debate focused on the large gap between engineer estimate and bid price, the contractor's delayed performance on the Belle Terre project, and how to maintain oversight.

Council reached consensus to direct staff to report any contingency draws over $50,000 in a manner similar to sole-source purchasing reports.

The resolution passed unanimously.

I.10
Resolution 2023-xx Approving The Community Development Block Grant

Council approved the CDBG Federal Fiscal Year 2023 Annual Action Plan with no changes from the prior workshop presentation.

The resolution passed unanimously on a motion by Vice Mayor Danko, seconded by Council Member Pontieri.

I.11
Resolution 2023-xx Approving Final Nuisance Abatement Assessment

Council approved the final nuisance abatement assessment resolution, confirming the updated roll for property owners who have paid since the initial assessment hearing and directing transmission to the Flagler County Tax Collector.

Staff noted this follows public hearings held on July 11 and July 18.

The resolution passed unanimously.

Public comment on I.11 · 1 speaker
Nuisance abatement fee dispute and encroaching neighbor fence

Speaker disputed a $300 nuisance abatement charge on a property at 42 Seattle Drive, arguing the fire mitigation work the city contracted out costs less than the fee assessed.

He also raised concerns about a neighbor's fence that he said encroaches two and a half feet onto his property, and asked whether the city's building department could enforce removal or whether he would need to pursue civil litigation.

He asked to be removed from the nuisance abatement list.

I.12
Resolution 2023-xx Approving A Contract With Lassiter Transportation

Council approved a $152,357 contract with Lassiter Transportation Group to conduct a five-year update of the city's transportation impact fee study, required by the comprehensive plan.

Staff noted the study will also support the comprehensive plan update and produce data on projected growth.

The resolution passed unanimously.

I.13
Resolution 2023-xx Approving The Old Kings Road Special Assessment Roll

Council approved the FY 2023-24 Old Kings Road Special Assessment District non-ad-valorem assessment roll for certification to the Flagler County Tax Collector.

The assessment, first placed on the tax roll in 2013, funds repayment of Old Kings Road Phase 1 road improvements over a 30-year period ending in 2043.

The resolution passed unanimously.

I.14
Resolution 2023-xx Approving Firehouse Subs Public Safety Grant For

Council approved acceptance of a Firehouse Subs Public Safety Foundation grant of $34,881.33 to purchase a Polaris Ranger Crew XP1000 side-by-side vehicle with lights and siren for the Palm Coast Fire Department, replacing older golf-cart-style MERV units.

Fire Chief Berryhill credited Lieutenant Patrick Giuliano for managing the grant application.

The resolution passed unanimously with enthusiastic council support.

J
Consent
J.15
Resolution 2023-xx Approving Piggybacking The Omnia Kansas City

Approved as part of the consent agenda: piggybacking the OMNIA Kansas City contract with Graybar Electric Company for miscellaneous electrical supplies as needed.

J.16
Resolution 2023-xx Approving Piggybacking The City Of Casselberry

Approved as part of the consent agenda: piggybacking the City of Casselberry RFP 2023-1027 for generator maintenance and repair.

J.17
Resolution 2023-xx Approving An Interlocal Agreement With Flagler

Approved as part of the consent agenda: an interlocal agreement with the Flagler County Sheriff's Office for law enforcement services.

Vice Mayor Danko briefly noted recent exemplary Sheriff's Office actions including a Narcan intervention by a deputy who came into contact with fentanyl.

K
Public Participation
City attorney role and council deliberation transparency

Speaker praised the visible effect of the Sunshine Law on council deliberations given the day's lengthy and open debate.

He asked for clarification on the city attorney's legal role — specifically whether she represents citizens or the council — and noted that a council member appeared to have been cut off earlier in the meeting while preparing to address the Seminole Woods agenda item.

L
Discussion By City Council Of Matters Not On The Agenda
M
Discussion By City Attorney Of Matters Not On The Agenda
N
Discussion By City Manager Of Matters Not On The Agenda
N.18
Reporting Of Emergency And Sole Source Purchases For July 2023

The reporting of emergency and sole source purchases for July 2023 was acknowledged as part of the packet; council had no questions on the report.

O
Adjournment
O.19
Agenda Worksheet And Calendar

The agenda worksheet and calendar were noted without discussion prior to adjournment.

Advisory Notes
— (public_comment) Multiple speakers during the opening public participation period demanded a forensic audit of city government finances and operations. One speaker referenced a prior unanimous council vote to explore a forensic audit two weeks earlier, then alleged a partial reversal at the August 8 workshop, and accused unnamed council members of attempting to conceal information. Another speaker invoked the state attorney's office, FDLE, and the state auditor general as avenues for employee whistleblowers. The topic drew the longest sustained council discussion of the day.
— (context, I.9) The London Waterway Expansion contract with Custom Built Marine Construction came in at approximately $8.236 million — roughly double the engineer's estimate of approximately $4.5 million. Staff attributed the discrepancy to local contractor capacity constraints, the specialty nature of deep excavation work, and volatile construction pricing. Council Member Pontieri raised concern that the ARPA funding source may have been visible to bidders through budget documents, and that the same contractor is currently delayed on the Belle Terre project. Staff director Carmelo Morales pushed back on the characterization of price-gouging and cautioned against setting a precedent of micromanagement.
— (context, L) Council Member Pontieri's motion to redirect $2.5 million from the Maintenance Operations Center general fund allocation to the pavement management program passed 3-2 (Danko, Pontieri and Heighter yes; Alfin and Klufas no, per the approved minutes), reversing a prior budget direction supported by staff. Staff noted this will likely delay MOC Phase 1 construction and that the general fund match is required because utility and stormwater enterprise funds cannot fully cover the MOC's cost allocation. Council Member Klufas expressed concern about setting a precedent of raiding MOC funding after years of difficult decisions to build up that allocation.
← All Meetings

Second reading · Item G.3 · Aug 15, 2023

Ordinance 2023-xx Voluntary Annexation Of 330.8 Acres South Of Flagler


History of this matter

Aug 1, 2023 · City Council · Item I.7 · first reading — Annexation of about 330.8 acres (application 5108) passed first reading 5-0, motion by Council Member Klufas, second by Vice Mayor Danko (approved minutes p. 9). The minutes (p. 8) record Council Member Pontieri asking for clarification of the utility-service requirement. No unit count was discussed.

Aug 15, 2023 · City Council · Item G.3 · this meeting

Aug 16, 2023 · Planning board · Item D.2 and D.3 · recommendation — PLDRB recommended approval of both. FLUM amendment (application #5109, with a site-specific policy limiting development to 850 dwelling units): 4-1, motion by Board Member Gross, second by Board Member Dodson-Lucas, Vice Chair Shank no. Rezoning (application #5107, about 375 acres to SFR-1, MFR-2 and PRS): 5-0, same mover and seconder (minutes). No video of this meeting has been found; the minutes are the only record.

Sep 19, 2023 · City Council · Item I.8 and I.9 · first reading — Heard together. FLUM (App. 5109, 850-unit cap) passed first reading 4-1, motion Vice Mayor Danko, second Council Member Klufas; rezoning (App. 5107) passed 4-1, motion Klufas, second Danko. Council Member Pontieri voted no on each (approved minutes p. 9; motions named by the chair on video 02:54:00 and 02:55:38).

Nov 7, 2023 · City Council · Item H.11 and H.12 · second reading — The land-use change was adopted as Ordinance 2023-15 with the cap set at the original 416 units, 3-1 (Vice Mayor Danko no; Council Member Klufas absent), on a motion by Council Member Pontieri seconded by Council Member Heighter (video 03:32:30, roll call 03:33:24-03:33:38). An earlier Pontieri motion to deny died 2-2, and Danko motions to approve at 750 units and to continue drew no vote. The rezoning was adopted as Ordinance 2023-16 with all MFR-2 changed to SFR-1, 4-0, motion Danko, second Pontieri (approved minutes pp. 10-12).

Nov 15, 2023 · Planning board · Item D.3 · recommendation — PLDRB approved the Cascades at Grand Landing subdivision master plan (App. 5478; 386 single-family lots on 180.47 acres, the first two phases) 7-0, motion Board Member Hilton, second Board Member Dodson-Lucas, on condition the site plan reflect the zoning council adopted Nov 7, 2023. No video; approved minutes only.

Dec 19, 2023 · City Council · Item F.3 · rehearing granted — Council agreed 3-1 to rehear the Nov 7, 2023 land-use change at the earliest possible date, on a motion by Mayor Alfin (gavel passed to Vice Mayor Danko), seconded by Council Member Klufas; Alfin, Klufas and Danko yes, Pontieri no, Heighter absent (video roll call 00:54:05-00:54:18; minutes p. 4). The applicant, for JTL Grand Landing, said the owner of the 44.3-acre hook parcel never authorized the plan change.

Jan 2, 2024 · City Council · Item F.4 · rehearing — Rehearing of the land-use change (granted Dec 19). After a motion to postpone to Jan 16 (Danko/Klufas) failed 3-2, a motion by Council Member Pontieri, seconded by Council Member Heighter, to deny the request and revert to the Nov 7, 2023 decision failed 4-1 (only Pontieri yes; Heighter voted no and afterward said she had not heard the motion properly; no revote). Council Member Klufas's amended motion, seconded by Pontieri, to remove the JTL "hook" parcel and keep the plan amendment with the site-specific 416-unit limit then passed 5-0 (video roll call 05:19:39-05:19:47; minutes pp. 12-13). The applicant had asked to remove the hook and approve 850 units. The adopted Ordinance 2024-01 (8 pp., signed, marked readopted Jan 2, 2024; obtained by records request) limits the Cascades Planning Area to 416 dwelling units on about 330.8 acres and recites the “deletion of a 44.5+/- acre parcel under separate ownership” (p. 2 of 8).

Feb 4, 2025 · City Council · Item L · Bert Harris response — Response to the developer's Bert Harris Act claim (filed Nov 6, 2024). City Attorney Duffy gave two options: uphold Ordinance 2024-01, or offer more density (an additional 219 single-family units, per the captions). Motion by Vice Mayor Pontieri, seconded by Council Member Stevens, to respond no and keep the ordinance as-is (minutes p. 12); passed 5-0 on a roll call (captions 3:31:01-3:31:14; the minutes record no tally for this motion).

Related: Seminole Trace (formerly Cascades) — 416 to 743 homes on 331 acres — Oct 6, 2026 record →

Previous deliberations

August 1, 2023 · Business · Item I.7 (first reading)

Discussion starts at 02:23:47, ends about 02:36:40. Click the frame to watch.

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, per the approved minutes: motion to approve on first reading — Passed 5-0 (Alfin, Danko, Klufas, Pontieri, Heighter) Moved by Klufas, seconded by Danko.

Vote, per our caption record: 5-0 (motion Klufas, second Danko; Alfin, Danko, Klufas, Pontieri, Heighter yes)

That meeting's full record →


Sources: the Aug 15, 2023 agenda packet (page numbers link to the page), and PalmCoastStorylines meeting records for August 1, 2023, built from the city's agenda packets and meeting video. Summaries and votes from those meetings are generated from the captions and are unverified unless marked otherwise; the video is the record. Agenda (cover sheets) →