The minutes of the December 19, 2023 Business Meeting were presented for approval. Vice Mayor Danko moved, Council Member Pontieri seconded, and the minutes were approved unanimously with no discussion.
Second reading of the Old Kings Village comprehensive plan amendment (FLUM change for 62.3+/- acres, application 5505). Staff presented the amendment as consistent with the comprehensive plan. The neighboring Polo Club West HOA attorney (Dennis Bayer) and the applicant's attorney (Michael Chimento) reported that a written agreement was nearly complete but last-minute changes to fence location and other language left the agreement unsigned. Both attorneys agreed two additional weeks were needed. Council voted to postpone to the January 16 business meeting at 9:00 AM.
Second reading of the Old Kings Village rezoning companion ordinance (application 5506, rezoning 62.3+/- acres from Flagler County PUD to SFR-1 and Neighborhood Commercial C-1). Because the companion FLUM amendment (F.2) was postponed, this rezoning was also postponed by the same motion to the January 16 business meeting at 9:00 AM. A roll-call vote was taken.
Rehearing of the Cascades comprehensive plan amendment (FLUM amendment for 375+/- acres, application 5109), originally approved November 7, 2023 with a 416-unit policy limit. The applicant's attorney argued that the JTL 'hook parcel' (~45 acres) was never properly authorized for inclusion in the comp plan amendment and asked the council to remove it from the ordinance while restoring the original 850-unit request. Staff and Council Member Pontieri presented detailed evidence—email chains, hearing transcripts, and the ordinance text—showing the hook parcel's land use designation was not changed and that the applicant's attorney had represented both property owners at all three hearings. A motion by Pontieri to deny the rehearing and revert to the November 7 decision failed 1-4. A subsequent motion by Klufas to remove the hook parcel from the ordinance while retaining the 416-unit policy limit for the remaining Cascades planning area passed unanimously.
Ordinance renaming Richenbacker Drive to Rickenbacker Drive was on the agenda for second reading but was not reached before the meeting was continued. It was carried over to the January 16, 2024 business meeting at 9:00 AM.
First reading of an ordinance amending the Town Center at Palm Coast PUD Development Agreement was listed on the agenda but not reached before the meeting was continued to January 16, 2024.
Resolution approving an easement agreement with TECO Partners, Inc. for Fire Station #25 and the Southern Recreation Center was not reached and was continued to January 16, 2024.
Resolution approving piggybacking Sourcewell contract #RFP 031121-DAC with Beard Equipment Company was not reached and was continued to January 16, 2024.
Resolution approving Sourcewell State of Minnesota contract RFP #042821 with Orkin, LLC for pest control services was not reached and was continued to January 16, 2024.
Resolution approving piggybacking Sourcewell contract with C-Winn, Inc. (Snap-on Tools) for fleet tools and supplies was not reached and was continued to January 16, 2024.
Resolution approving a Master Services Agreement with Odyssey MFG. Company for an odor control unit at Old Kings Road Pump Station was not reached and was continued to January 16, 2024.
J
Public Participation
K
Discussion By City Council Of Matters Not On The Agenda
L
Discussion By City Attorney Of Matters Not On The Agenda
M
Discussion By City Manager Of Matters Not On The Agenda
N
Adjournment
N.15
Agenda Worksheet And Calendar
The Agenda Worksheet and Calendar item was not reached before the meeting was continued to January 16, 2024.
Advisory Notes
— (public_comment, null)
Approximately a dozen speakers during Section D raised concerns about stormwater flooding and drainage damage caused by new residential construction built at higher elevations than surrounding pre-existing homes across multiple Palm Coast neighborhoods including Seminole Woods, Quail Hollow (Double L section), P section, and the W section. Speakers described water intrusion into homes, yard flooding after minor rain events, and out-of-pocket repair costs ranging from hundreds to tens of thousands of dollars. Speakers alleged that city stormwater code enforcement and swale maintenance are inadequate and that the city's technical drainage manual is outdated. Staff disclosed 125 open cases (up from 26 at the prior meeting) and a planned February 13 workshop with findings and proposed code changes.
— (public_comment, null)
Multiple speakers raised conflict-of-interest concerns regarding council members who have backgrounds in real estate and development voting on land use and development approvals. One speaker read from Florida ethics statutes on voting conflicts. Another speaker called on the Mayor specifically to recuse himself from votes on development matters due to his background as a developer and realtor.
— (public_comment, null)
One speaker made an FOIA request on the record for a transcript or record of a conversation that allegedly occurred between the city attorney (Mr. De Lorenzo), an applicant's attorney (Mr. Livingston), and the Harborside attorney during a February 2023 council meeting regarding the Harborside triple-density zoning decision. The speaker alleged the conversation—visible but inaudible on archived meeting video—preceded an unexpected vote outcome.
— (context, F.4)
The Cascades rehearing (F.4) was the subject of a formal dispute between the applicant's attorney and city staff over whether an email chain and a non-notarized signature page from JTL property owner David West constituted proper owner authorization under city code for including the hook parcel in a comprehensive plan amendment. Staff and Council Member Pontieri presented detailed email records and hearing transcripts across three prior hearings (PLRB August 16, City Council September 19, and City Council November 7, 2023) to argue no misapprehension of fact occurred. The applicant's attorney acknowledged a procedural oversight on his part. The city attorney confirmed that if the council determines proper authorization was lacking, the rehearing standard under LDC 2.16 would be met.
— (context, F.2)
Polo Club West HOA residents and their attorney described an agreement reached at a December 13 neighborhood meeting on fence routing, buffers, and other conditions, which they alleged the applicant's attorney materially altered in a draft delivered the afternoon of the January 2 hearing. Residents expressed concern that 245 specimen oak trees on the 62.3-acre site had not been addressed in the subdivision master plan and that the one-acre 'thumb' or 'reserve' parcel at the northeast corner of the site risked becoming a landlocked parcel inaccessible without crossing Secretariat Lane, a privately owned road controlled by the Polo Club HOA.
— (public_comment, D)
Council Member Pontieri made a motion during Section D—immediately following public comment on flooding—to pause infill lot building for 90 days pending update of the city's technical drainage manual. The city attorney advised this would constitute a moratorium requiring a formal ordinance with proper notice and public input. The motion was amended to direct staff and the city attorney to return with a properly noticed proposal at the January 16 business meeting. The amended motion passed unanimously.