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Independent Reporting · Palm Coast, Florida
Palm Coast City Council

Business Meeting — Tuesday, September 19, 2023

Processed 2026-07-04
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
Speaker

Speaker expressed support for the city incorporating climate resiliency into operations, citing unprecedented climate disasters, and urged the city to expand EV programs and other climate-resilient infrastructure.

Speaker identified as an environmental researcher with University of Florida experience in sub-Saharan agricultural strategy.

Speaker

Speaker presented findings from a public records request for text messages around the time of the mayor's radio appearance discussing affordable housing.

Speaker raised concerns about a text indicating the mayor had a 'warm meeting' with Ryanair (the largest landowner in the county) and an engineering company, that philosophies were shared, and that the mayor announced formation of a task force he would manage.

Speaker also referenced a radio station comment about bonding out 'Elite' to develop Town Center, and requested the mayor disclose communications with other council members, citing Florida Sunshine Law concerns.

E
Minutes
E.1
Minutes Of The City Council:

The council approved minutes of the September 5, 2023 Business Meeting, September 7, 2023 Budget Hearing, and September 12, 2023 Workshop Meeting.

All three motions passed unanimously without discussion.

Vote: 5-0 (all three sets of minutes approved unanimously)
F
Proclamations
F.2
Proclamation - October 2023 As “raise The Pink Flag With The Pink Army”
F.3
Proclamation - September 15, 2023, To October 15, 2023, As Hispanic
F.4
Proclamation - October 2023 As National Domestic Violence Awareness

Council Member Heighter read the proclamation designating October 2023 as National Domestic Violence Awareness Month.

Tricia Coney, CEO of the Family Life Center (Flagler County's only certified DV shelter), reported providing over 567,000 hours of services and noted the shelter operated at 129% capacity.

Candice Wilke, DV Services Coordinator, announced October events including a half-day conference on October 20 at Daytona State College Palm Coast Campus.

The Blue Knights Law Enforcement Motorcycle Group Chapter 22 presented a $1,000 check to the Family Life Center.

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G
Appointment
G.5
Appoint Four (4) Regular Members And Two (2) Alternate Members To The

Council appointed six individuals to the Code Enforcement Board.

Genero Arcamone, Larry Pulos, and Charles Dean Roberts were reappointed to existing seats (Roberts required a 4/5 vote as a multi-term member and received 4 votes); Larry Stancil was appointed to the seat vacated by Mr.

Sullivan (who declined reappointment), receiving 3 of 5 votes over Merit Zuka; Jonathan Andrachek and Merit Zuka were then appointed as the two alternate members by unanimous motion.

Vote: Arcamone: 5-0; Pulos: 5-0; Roberts: 4-1; Stancil: 3-2 (over Zuka); Alternates (Andrachek & Zuka): 5-0
H
Ordinances Second Read
H.6
Ordinance 2023-xx 5th Amendment To The Palm Coast Park Master

The 5th Amendment to the Palm Coast Park Master Planned Development Agreement (Application No.

5276) was continued at the applicant's request.

Staff indicated the item will be re-advertised when it is ready to return; it was not read into the record.

H.7
Ordinance 2023-xx Voluntary Annexation Of An Approximately 62.1 Acre Zoning

The voluntary annexation ordinance for approximately 62.1 acres on the east side of Old Kings Road (Old Kings Village, Application No.

5362) was approved 5-0.

The applicant's representative Michael Chimento presented a voluntary agreement memorializing commitments including a 6-foot fence and landscape buffer along the eastern boundary adjacent to Polo Club West.

Three Polo Club West residents spoke, requesting more time and more specific deliverables before annexation, particularly regarding buffer cross-sections and the loss of existing PUD protections.

Council acknowledged the concerns and directed staff to identify specific community requests and communicate them to the developer before the upcoming rezoning and comp plan amendment.

Vote: 5-0 (Danko yes; Heighter yes; Klufas yes; Pontieri yes; Alfin yes)
Speaker

Speaker, representing Polo Club West HOA, asked to review the voluntary agreement between the developer and HOA before it was used as a reason to annex.

Speaker stated water and sewer would be provided with or without annexation, argued the developer's goal is to rezone from the existing PUD to single-family residential to eliminate PUD requirements including minimum building sizes, vegetative buffers, and amenity centers.

Requested more time and more concrete concessions before annexation proceeds.

Speaker

Speaker, a Polo Club West property owner at 36 Steeplechase, stated the annexation would erase a complex PUD that included unified community design, vegetative buffering, recreational areas, and minimum lot and home sizes.

Noted residents invested based on the existing PUD at their front entrance.

Reported a town hall was held with good discussions but promised conceptual drawings of buffers had not been delivered.

Requested the council either delay annexation until more commitments are in writing or direct staff to ensure specific deliverables are addressed.

Speaker

Speaker, a Polo Club West resident at 67 Steeplechase, stated that minutes from the developer's community meeting contained inaccurate and incomplete information.

Requested more time before annexation to ensure developer commitments are followed through, and asked that additional meetings be held to define expectations for the shared community boundary.

I
Ordinances First Read
I.8
Ordinance 2023-xx A Flum Amendment For 375+/- Acre Area From County

First reading of an ordinance amending the Future Land Use Map for the 375+/- acre Cascades planning area (Application No.

5109) from Flagler County designations of Residential Low Density/Rural Estate and Conservation to City of Palm Coast designations of Residential and Conservation, with a site-specific policy capping development at 850 dwelling units.

Staff reported the planning board recommended approval 4-1 in August.

Council Member Pontieri voted against, citing concerns about doubling density, infrastructure strain, quality-of-life impacts on existing residents, and the pattern of annexing county land and then increasing density.

Vote: 4-1 (Danko yes; Heighter yes; Klufas yes; Alfin yes; Pontieri no)
Cascades
I.9
Ordinance 2023-xx The Cascades Rezoning Application No. 5107 Zoning

First reading of the Cascades Rezoning ordinance (Application No.

5107) rezoning 375 acres from Flagler County PUD and New Rural Communities designations to City of Palm Coast SFR-1, MFR-2, and Preservation zoning districts.

The applicant modified the proposal since the planning board hearing to shift multi-family areas eastward and commit to 150-foot building setbacks from the drainage easement.

Several residents of Seminole Woods Boulevard spoke against the multi-family component, citing concerns about building height, loss of privacy, traffic, and property values.

Council Member Pontieri voted against for the same density/quality-of-life reasons.

Council directed staff and the developer to meet with residents before the second reading.

Vote: 4-1 (Danko yes; Heighter yes; Klufas yes; Alfin yes; Pontieri no)
Cascades
I.10
Ordinance 2023-xx Amendments To The Special Event Ordinance

First reading of amendments to the Special Event Ordinance (Chapter 28, Article 2) was approved unanimously.

Staff presented two updates made since the prior week's workshop: clarifying 'site plan' language to include 'event layout, traffic flow and parking,' and adding exemptions to the 180-day advance notice requirement for events not meeting the definition threshold and for recurring events with an approved site plan on file.

No public comment was received.

Vote: 5-0 (Pontieri yes; Danko yes; Alfin yes; Heighter yes; Klufas yes)
Speaker

Speaker requested permission to withhold comments on the Cascades project until after the council presentation, noting that what was shown at the Planning Commission differed from what would be presented, and residents wanted to see the current plan first.

Cascades
Speaker

Speaker, a resident since 2011 whose home appears on the Cascades project map, expressed concern about traffic safety on Seminole Woods Boulevard, citing two accidents in three weeks at the nearby bus stop.

Speaker stated children cannot safely ride bikes or run near the road currently, and worried about how increased traffic from the development would worsen the situation.

Cascades
Speaker

Speaker, a resident on Slipper Orchid Trail one street back from Seminole Woods Boulevard, stated the Planning Commission changed the multi-family building height limit from 35 to 60 feet and questioned whether 16-foot trees in front would adequately screen a 60-foot building.

Requested the height limit be reduced back to 35 feet for multi-family buildings in the project.

Speaker

Speaker, resident at One Slipper Orchid Trail, stated her home would be directly adjacent to the multi-family area without a buffer on the north side.

Reported that at the community meeting residents were told the development would include townhouses, not apartments, but the current proposal includes apartments.

Stated she and other residents never received required notification letters.

Raised concerns about traffic, crime, property values, flood systems, school overcrowding, and privacy.

Requested setbacks of 150-200 feet and cited Integra Woods as a model for how multi-family should be screened.

Speaker

Speaker, a Connecticut resident who owns property in Palm Coast for 13 years, stated he purchased in Palm Coast to avoid multi-family density similar to Connecticut.

Stated opposition to multi-family development across the street from his home, and requested to be notified when multi-family construction begins so he can list his property for sale.

Speaker

Speaker raised questions about whether the city's water supply is adequate to support all currently approved and pending development.

Speaker questioned whether Palm Coast's municipal water utility could meet Public Utilities Commission standards if independently reviewed, and asked the council to commission a third-party review of water capacity and protection of west-side well sites.

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J
Presentations
J.11
Presentation - 2023 Intracoastal Waterway Cleanup Results

George Myers (Stormwater Operations Manager) and FIND Commissioner Randy Stapleford presented results of the September 9, 2023 Intracoastal Waterway Cleanup.

193 volunteers collected 1,881 pounds of trash.

Girl Scout Troop 2413 collected the most trash (1,100 lbs), Christopher and Sophia Harrison were top individual collectors (80 lbs), and Carolyn Whitney won most unique find (a concrete telephone line marker).

This year's mascot was 'Torpedo the Osprey.' FIND has provided over $80,000 in grant funding over 16 years of partnership.

K
Resolutions
K.12
Resolution 2023-xx Approving The 2023 Find Grant For The Waterway

A resolution approving the 2023 FIND Grant agreement for one waterway cleanup event was read into the record and approved unanimously without public comment.

The resolution authorizes the City Manager to execute the grant agreement with the Florida Inland Navigation District.

Vote: 5-0 (Danko, Heighter, Klufas, Pontieri, Alfin yes)
K.13
Resolution 2023-xx The Legacy At Palm Coast A Technical Site Plan - Tier 3

Resolution approving the Legacy at Palm Coast Technical Site Plan Tier 3 (Application No.

5304) for a 300-unit apartment community on approximately 27 acres in Town Center (Track 18a), developed by Landmark Communities.

Buildings are 3-4 stories.

The planning board recommended approval 5-0 in August.

A parking flexibility reduction of 7 spaces (520 provided vs.

527 required) was supported by staff.

The project includes a northbound left-turn lane on Town Center Boulevard at Lake Avenue.

Approved unanimously with no public comment.

Vote: 5-0 (Danko yes; Heighter yes; Klufas yes; Pontieri yes; Alfin yes)
K.14
Resolution 2023-xx Approving The Retreat At Town Center Phase One

Resolution approving the Retreat at Town Center Phase One Final Plat (Application No.

5301) for 66 single-family residential lots on 13 tracts within 39.74 acres of Town Center.

This is the final ministerial step in the subdivision process; most infrastructure is in place and a performance bond of $252,591.79 has been received for remaining work.

The planning board approved the subdivision master plan in April 2021.

No public comment.

Approved unanimously.

Vote: 5-0 (Danko yes; Heighter yes; Klufas yes; Pontieri yes; Alfin yes)
K.15
Resolution 2023-xx Approving An Engineering Construction Contract

Resolution approving an engineering construction contract with Hazen Construction for the Willow Woods A1A Water Main Extension, serving approximately 20 existing homes on the North Peninsula within the city's utility service territory but outside city limits.

The approximately $980,000 contract plus contingency is fully funded by ARPA grant funds through an ILA with Flagler County.

No public comment.

Approved unanimously.

Vote: 5-0
L
Consent
L.16
Resolution 2023-xx Approving The Vacation Of The Following Easements

Consent item approving vacation of easements for property at 5622 State Highway 100 E (Parcel IDs 08-12-31-4300-00000-0010 and -0020), owned by SKUSA Palm Coast LLC.

Approved as part of the consent agenda.

Vote: 5-0
L.17
Resolution 2023-xx Approving A Contract With Aquatic Management

Consent item approving a contract with Aquatic Management Plus, LLC for weed control of the freshwater stormwater drainage system.

Council Member Pontieri noted she had received satisfactory staff follow-up on the rationale for price increases and was awaiting data on the success rate of carp use.

Approved as part of the consent agenda.

Vote: 5-0
L.18
Resolution 2023-xx Approving Additional Funding For Expenses Related

Consent item approving additional funding for expenses related to Peavy Grade Roadway Design and Maintenance Operation Center.

Approved as part of the consent agenda.

Vote: 5-0
L.19
Resolution 2023-xx Approving Piggybacking The City Of Coconut Creek

Consent item approving piggybacking the City of Coconut Creek contract with Cityscape Consulting, Inc. for wireless communication permit review pricing.

Approved as part of the consent agenda.

Vote: 5-0
L.20
Resolution 2023-xx Approving A Master Service Agreement With Roadtek,

Consent item approving a Master Service Agreement with Roadtek, LLC for asphalt and concrete repair services.

Approved as part of the consent agenda.

Vote: 5-0
L.21
Resolution 2023-xx Approving Piggybacking The Sourcewell State Of

Consent item approving piggybacking the Sourcewell State of Minnesota contract with WESCO Distribution, Inc.

(Anixter) for purchase of miscellaneous electrical supplies as needed.

Approved as part of the consent agenda.

Vote: 5-0
L.22
Resolution 2023-xx Approving A Sole Source Agreement With Empire Pipe

Consent item approving a sole source agreement with Empire Pipe & Supply, Inc. for purchase of water meters.

Approved as part of the consent agenda.

Vote: 5-0
L.23
Resolution 2023-xx Approving A Contract With Florida Blue For Health

Consent item approving a contract with Florida Blue for health insurance and stop loss insurance, and life and disability insurance through USAble Life (a Florida Blue partner) for city employees.

Approved as part of the consent agenda.

Vote: 5-0
M
Public Participation
Speaker

Speaker challenged the City Attorney's Sunshine Law interpretation regarding the mayor-to-Heighter email exchange, suggesting the council consult outside counsel Bill Richman.

Speaker also raised concerns about the adequacy of Palm Coast's water utility capacity relative to development approvals, and referenced the phenomenon of electric vehicle inventory buildup at dealerships as context for prior EV discussions.

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N
Discussion By City Council Of Matters Not On The Agenda
N.24
Reporting Of Emergency And Sole Source Purchases For August 2023

City Manager Bevan referenced the Reporting of Emergency and Sole Source Purchases for August 2023 as an agenda item.

No council members had questions on the report.

N.25
Agenda Worksheet And Calendar
Advisory Notes
— (public_comment) During opening public comment, Dennis McDonald presented text messages obtained via public records request indicating Mayor Alfin had a meeting with Ryanair (described as the largest landowner in the county) and an engineering company, that 'philosophies were shared and clarified,' and that the mayor texted about announcing formation of a task force he would manage, along with a question to another council member about bonding out 'Elite' to develop Town Center. McDonald requested disclosure of communications between the mayor and other council members, citing concern about potential Sunshine Law violations.
— (public_comment, D) Council Member Heighter made an on-the-record disclosure during the public comment response segment, revealing that Mayor Alfin had emailed her to discuss attainable housing initiatives promoted by Florida Realtors and others. She stated she felt uncomfortable because the subject had already been discussed at the council level, consulted the City Manager and ultimately sought City Attorney guidance. She also disclosed that the mayor subsequently handed her a printed New York Times article headlined 'This is public housing, just don't call it that' at a council meeting, which she said she found offensive.
— (public_comment, I.9) Developer representative Jeff Douglas (identified as a Town Center multi-family resident and representative of the entities responsible for much of Palm Coast's water infrastructure) addressed the council, disputing characterizations of the project as doubling density and stating the developer had given well sites to the city at no charge. The exchange escalated into a direct confrontation with Council Member Pontieri about the accuracy of density figures and the developer's frustration with what he characterized as 'false messaging and fear tactics.'
— (context, N) The City Attorney read the full mayor-to-Heighter email chain into the public record, including her own legal guidance email to the mayor. Her guidance stated that any discussions between two council members on topics that could foreseeably come before the city council — including attainable/affordable housing — could constitute a Sunshine Law violation, and urged 'utmost caution.' The mayor's email asking if it would be a violation for two council members to discuss supply chain issues related to housing was found not to be a violation in itself; the City Attorney confirmed no actual bilateral substantive discussion occurred.
— (context, N) The Old Kings Road special assessment district engineering budget was reduced from $750,000 to $250,000 following a September 14 staff meeting with the committee. Finance Director confirmed the reduction will be formalized at the final budget hearing on September 20, 2023. This matter has been in process for many years.
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