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Independent Reporting · Palm Coast, Florida
Palm Coast City Council

Business Meeting — Tuesday, February 4, 2025

Processed 2026-10-08
Source Documents
Agenda PDF Approved Minutes PDF
Agenda
A
Proclamations - 5:30 P.m.
A.1
Proclamation - January 2025 As Human Trafficking Awareness
A.2
Proclamation - January 2025 As Stalking Awareness Month
A.3
Proclamation - February 2025 As Teen Dating Violence Awareness
A.4
Proclamation - February 28, 2025, As Rare Disease Day
B
Call To Order City Council Business Meeting - 6 P.m.
C
Pledge Of Allegiance To The Flag And A Moment Of Silence
D
Roll Call
E
Public Participation
County Airport Overlay Ordinance Opposition

Opposition to the proposed county airport overlay ordinance, arguing it bypasses the need for avigation easements, endangers residents from low-altitude flight school touch-and-go operations, and that the county's airport operates at a financial loss subsidized by taxpayers.

Airbnb Owner-Occupied Home Exception Request

Request for an amendment to short-term rental (Airbnb) regulations to create an exception for owner-occupied homes that have operated successfully for approximately 10 years without neighborhood complaints, arguing the current rules treat Palm Coast like an HOA.

Short-Term Rental Statistics and Exemption Request

Request for a short-term rental exception for owner-occupied homes, disputing the cited number of Airbnb listings in Palm Coast (97 non-owner-occupied, 30 owner-occupied), noting that Hammock Beach and European Village are exempt from STR restrictions, and arguing the city should be less intrusive for compliant operators.

Cascades Developer Lawsuit — Oppose Settlement

Support for the city council in opposing any settlement with the Cascades developer, describing the legislative history of the project and urging the council not to yield to the Bert Harris Act threat, citing lack of evidence of infringement.

Cascades
Cascades Settlement — 'Final Means Final'

Continuation of prior speaker's remarks on the Cascades settlement, arguing the word 'final' must apply equally to developers and residents, that any settlement concession removes council's power, and that proposed additional homes would require rezoning that could open the door to apartments or townhouses again.

Cascades
Flagler Humane Society Accountability and Oversight

Concerns about Flagler Humane Society's lack of accountability, including refusal to conduct an independent audit requested by the county five months earlier, board composition issues (four of six members are married couples), only one part-time vet, no background checks on employees, and an employee facing animal cruelty charges.

Called for the county and city to develop their own animal shelter.

Flagler Humane Society Governance and Financial Accountability

Additional concerns about the Flagler Humane Society, including lack of an independent audit, charity navigator rating of 2 out of 4 stars, inaccurate board composition data, one-day-per-week vet coverage, no employee background checks or drug testing, and possible unreported theft.

Asked that animal supporters attending the February 25 joint meeting be informed of these issues.

Speed Limits and Safety on Seminole Woods and Smith Trail

Request to reduce the speed limit on Seminole Woods Boulevard at the intersection with Sesame Boulevard and on Smith Trail, and to add speed detection devices, speed bumps on cul-de-sacs, and sidewalks; also raised concerns about aggressive drivers.

Traffic Signals Needed in Seminole Woods

Request for traffic signals at several intersections in Seminole Woods (Seminole Palms/Citation, Seminole Woods/Sesame, Grand Landings Parkway/Universal) due to projected traffic from nearly 1,000 new homes under construction, and opposition to blinking yellow turn signals.

Also urged council to stand firm against the Cascades developer.

Cascades Grand Landings
Cascades Development — Council Urged to Hold Position

Support for the city council opposing any settlement with the Cascades developer, arguing the 416-unit limit was a council decision that should stand and that giving in would set a precedent for developer bullying through the Bert Harris Act.

Cascades
City Manager Search Process and SGR Recruiting Firm

Complaint about the city manager search process, alleging that the recruiting firm SGR bypassed a qualified local applicant in favor of candidates with prior SGR relationships, and questioning whether SGR's financial incentive (commission on salary) discourages hiring lower-paid local candidates.

Airport Ordinance and Cascades Developer — Both Opposed

Request that the city not support the county's proposed airport overlay ordinance, citing the airport's financial losses (nearly $1 million in 2022, nearly $2 million in 2023) subsidized by taxpayers, and urging the council to oppose any settlement with the Cascades developer and focus on infrastructure needs including water, sewer, and roads.

Cascades
Senior Swimming Pool Access and YMCA Partnership

Appeal on behalf of seniors for improved swimming pool facilities and services, comparing the YMCA in Ormond Beach favorably to Palm Coast's pools, and requesting city leadership take action to address the loss of pool facilities over the years.

F
Minutes
F.5
Minutes Of The City Council:

Minutes for the January 21, 2025, business meeting and January 28, 2025, workshop meeting were presented for approval.

Vice Mayor Pontieri moved approval, Council Member Miller seconded, and the motion passed unanimously.

Vote: 5-0 (Pontieri, Gambaro, Miller, Stevens, Norris yes)
G
Ordinances First Read
G.6
Ordinance 2025-xx Amend And Restate Fair Housing Ordinance

The Fair Housing Ordinance amendment was presented on first read.

After reviewing the redline version, Vice Mayor Pontieri moved to approve the ordinance with an amendment removing 'gender identity' from the definition of 'sex,' arguing it is not a protected class; Council Member Gambaro supported the change.

During public comment, a speaker asked that the city more widely publicize CDBG and SHIP funding programs; staff confirmed both are advertised on the city website with an online application.

The ordinance passed unanimously as amended.

Vote: 5-0 (Pontieri, Gambaro, Miller, Stevens, Norris yes)
H
Resolutions
H.7
Resolution 2025-xx Approving A Design Contract With Cph, Inc., For

A design contract with CPH, Inc., totaling approximately $6 million for Old Kings Road South Phase II was presented by stormwater/engineering director Carl Cody.

The project covers two sub-phases of widening Old Kings Road South, adding four lanes under I-95, improving the Royal Palms/Town Center Boulevard intersection, and installing utility infrastructure; funding comes from impact fees, a $500,000 state DOT grant, stormwater funds, and special assessment district funds.

Extensive public comment raised concerns about utility ratepayer exposure and the adequacy of the I-95 underpass; staff clarified that at most about 24–32% of the project is not developer-funded.

Council requested regular updates with clear fund-source breakdowns.

The resolution passed unanimously.

Vote: 5-0 (Pontieri, Gambaro, Miller, Stevens, Norris yes)
Public comment on H.7 · 12 speakers
Old Kings Road South — Federal Funding Question

Question about why the federal DOT grant contributes only 8% to the Old Kings Road South design project and how that federal funding is obtained.

Utility Fund Use for Old Kings Road South Design

Objection to using the Utility Fund (15% of project cost) for the Old Kings Road South design, arguing rate payers should not fund infrastructure benefiting a few property owners, and citing a history of loans from the utility enterprise fund that were never repaid.

Old Kings Road South — I-95 Underpass Widening Question

Question about whether the design project includes widening the I-95 underpass on Town Center Boulevard, arguing the project is useless without that widening, and urging council not to approve the resolution until that issue is addressed.

Old Kings Road South — Resident Cost Burden Concerns

Objection to stormwater and utility funds being used for the Old Kings Road South project when residents face hurricane-related water shutoffs; argued new development should bear the infrastructure costs, not existing residents, and that the design contract should have been put out for competitive bids.

Old Kings Road South — Utility Fund vs. Impact Fee Question

Question about whether utility funds used in the Old Kings Road South design are impact fees or ratepayer funds, and concerns about taking utility department funds when the city is experiencing water capacity issues.

capacity
Old Kings Road — I-95 Underpass Is Critical Bottleneck

Question about whether widening the I-95 underpass on Town Center Boulevard is included in the Old Kings Road South project scope, expressing this is a critical bottleneck and the project is pointless without it.

Old Kings Road South — Apartment Approvals and FDOT Grant Use

Concerns about the Old Kings Road South corridor and approval of adjacent apartment complexes with no buffer, and argument that FDOT grants going to the airport should instead fund road infrastructure for residents.

Offshore Desalination as Water Supply Solution

Suggestion that a desalination plant offshore could solve Palm Coast's water supply problem at no cost, arguing that failing to plan for water supply while approving thousands of new homes is a critical failure.

Old Kings Road South — FDOT Grant Status and Funding Clarity

Question about the FDOT grant funding and whether it may be frozen due to recent federal executive actions; also argued that the funding source breakdown on the pie chart was unclear and residents should not be paying for developer-driven infrastructure.

Royal Palms Traffic — Development Before Infrastructure

Concern that approving homes in the Royal Palms and Old Kings Road area without first addressing the road infrastructure was a mistake that has caused severe traffic congestion, including bumper-to-bumper traffic on Royal Palms, and a call to fix existing infrastructure before approving more development.

Old Kings Road Apartment Approvals — Zoning and Grant Concerns

Concern about four-story apartment buildings on Old Kings Road approved by the previous council without adequate buffers from Hidden Lakes, the rezoning of property from office space to multifamily allegedly to benefit a connected party, and the use of FDOT grants for airport improvements instead of road infrastructure.

Builder Contributions to Infrastructure Before Approval

Question about whether new builders in the Royal Palms area were presented with the infrastructure improvement costs as a condition of approval before homes were permitted, and whether the FDOT grant funding might be frozen.

I
Consent
I.8
Resolution 2025-xx Approval Of A Florida Power And Light Deposit

Resolution approving a Florida Power and Light deposit of $229,700 — toward a total estimated $1.297 million — for the relocation of transmission poles for the Old Kings Road North widening Phase II project.

Staff explained that legal research determined the city bears the burden of moving the poles, and the funding comes from transportation impact fees.

Vice Mayor Pontieri expressed frustration at FPL's failure to provide a firm price and urged FPL to act as a community partner.

Public comment on I.8 · 2 speakers
FPL Pole Relocation — Who Pays?

Question about who is paying for the FPL pole relocation and whether the city's funds are being used for a project driven by new development needs.

Royal Palms Traffic Congestion and Senior Safety

Comment about traffic congestion on Royal Palms from Belair to Town Center, stating it is bumper-to-bumper at peak hours and that a woman in the area reportedly died of stress-related causes linked to the road conditions.

I.9
Resolution 2025-xx The Palm Coast Heroes Act Regarding City

Resolution establishing the Palm Coast Heroes Act, which provides protections for city employees who enter certain military service.

Council Member Gambaro thanked colleagues and named staff and community members — including Marcus Duffy, Jeremiah Block, and Jacksonville council member Rory Diamond — for their leadership on the item.

I.10
Resolution 2025-xx Approving A Lease And Service Agreement With

Resolution approving a lease and service agreement with Safe Haven Baby Boxes, Inc., and a memorandum of understanding with the Knights of Columbus Notre Dame Council #10514.

Council Member Gambaro highlighted a recent news story in which a firefighter adopted a baby surrendered through a baby box, and thanked fire leadership and the Knights of Columbus for their work on the program.

I.11
Resolution 2025-xx Approving Piggybacking The Sourcewell Rfp

Resolution approving piggybacking the Sourcewell RFP contract with ForeverLawn, Inc., for citywide purchases of agricultural turf, tracks, installation, and related equipment on an as-needed basis.

No specific discussion was noted beyond the consent-agenda motion.

I.12
Resolution 2025-xx Approving Piggybacking The Hillsborough

Resolution approving piggybacking the Hillsborough County contract with Design Lab, Inc., for fire rescue uniforms and accessories as needed.

No specific discussion was noted beyond the consent-agenda motion.

J
Public Participation
Cascades Development Landscape Buffer Violation

Request that the city enforce the Cascades development's required 20-foot Type G landscape buffer along Seminole Woods Parkway, citing clearing of native vegetation in violation of Land Development Code Section 11.3.4, and asking for a stop-work order until remediation is completed.

Cascades
Infrastructure, Development, and Swale Maintenance Priorities

Calls for the council to address multiple longstanding issues including overdevelopment, road infrastructure deficiencies on Pine Lakes Parkway and other corridors, the need for commercial and industrial development west of Belhaven, and the pace of stormwater swale maintenance (only 41 of 1,200 miles completed annually).

Forensic Audit Request and Alternative Revenue Sources

Expression of appreciation for the new council's approach, calling for diligence, transparency, and responsible financial stewardship; urged a full forensic audit of the utility enterprise fund before any rate increases, and called for attracting manufacturing businesses using the railroad spur to generate revenue rather than relying on utility rate hikes.

Commercial Vehicle Parking Ban Burden on Workers

First-time speaker raising the commercial vehicle parking ban as an undue burden on working-class residents, describing personal difficulty complying with the vehicle cover requirement, and asking for a change; also requested a sidewalk on Bird of Paradise Drive.

Backyard Chickens — Revisit Pilot Program

Request to revisit the backyard chicken pilot program, citing the current egg shortage driven by bird flu, noting that Vice Mayor Pontieri and Mayor Norris previously supported the effort, and arguing that backyard chickens would decentralize food supply and benefit families of all ages.

Speed Limits and Pedestrian Safety — Smith Trail and Seminole Woods

Concurrence with a prior speaker's concerns about speed limits and safety on Smith Trail and Seminole Woods Boulevard, specifically at the north Sesame Boulevard intersection, and suggestion to add pedestrian crossing signals at high-traffic intersections.

Also called for code enforcement reform and noted the city has grown beyond a bedroom community.

City Water Wells — Demand for Asset Inventory

Concerns about water utility management and a public records response the speaker received stating the city lacks a record of all its wells and that future wells do not have current land rights; argued the city may be issuing development permits without adequate water supply, and issued a 10-day notice to provide a full list of wells or face a federal-level complaint.

Street Light Shining Into Residence — E-Section

Thanks to council members who attended the grand opening of a community clubhouse; raised a constituent's complaint about a new street light on East Hampton in the E-section shining directly into a bedroom, noting FPL's offer of a light shade was denied by a city official, and requesting the city investigate and resolve the issue.

70 Boulevard Turn Lane Gap and Traffic Safety

Question about why one section of 70 Boulevard has a dedicated turn lane while a nearby section does not, referencing a recent accident injuring a fire volunteer, and a general statement that residents complaining should give the new council time to address inherited problems.

Water Bill Discrepancies and Missing Infrastructure Funds

Presentation of figures alleging a $17/month discrepancy between the city's contracted garbage rate and the amount billed on water bills, raising approximately $770,000 per year unaccounted for, and stormwater fees generating approximately $23.6 million per year with unclear allocation; questioned where the $70 million promised for swale/canal maintenance went, and raised concerns about the golf course losing $3.5 million under current management.

Call for Comprehensive City Operations Audit

Expression of appreciation for the new council and a call for a comprehensive process and policy audit — from front-line staff to council — to identify and fix what has not been working, described as a 'forensic audit' of all city operations.

Airport Flight School Noise — Nuisance Ordinance Amendment Request

Appeal for council to amend the city's nuisance noise ordinance to protect residents from repetitive low-altitude flight school touch-and-go operations, and to work with the county to impose fees on excessive training operations.

Also cited the 2009 Flagler County Airport environmental assessment and concerns about the Volusia-Floridian Sole Source Aquifer near the airport.

$240 Million Water System Crisis — Urgent Public Communication Needed

Urgent call for the council to communicate more clearly with residents about the approximately $240 million water infrastructure improvement need, noting that a recent utility presentation was not recorded and the slide link was taken down quickly; also raised supply chain and tariff risks for the materials needed to fix the water system, and floated the idea of selling the water utility as one option to consider.

First Responder Visibility — LED Vests Suggestion

Thanks to the city for traffic calming measures on Florida Park Drive, and a suggestion that first responders directing traffic wear LED-lit vests rather than only reflective vests to improve visibility.

K
Discussion By City Council Of Matters Not On The Agenda
L
Discussion By City Attorney Of Matters Not On The Agenda
Council response to the Bert Harris Act claim on the Grand Landings / Cascades land
Cascades Developer — Urge Council to Deny Settlement

Support for the council denying any settlement with the Cascades developer, urging council to 'stand their ground' and noting that extensive video evidence from prior meetings is available.

Cascades
Bert Harris Claim — Attorney Briefing Should Be Public

Support for denying additional density to the Cascades developer and expressing frustration that city attorney's presentation did not include the legal and factual analysis Vice Mayor Pontieri provided, suggesting council should have received that briefing publicly.

Cascades
Cascades Settlement — Support for Vice Mayor's Position

Commendation of Vice Mayor Pontieri's past advocacy on the Cascades issue, and support for denying any settlement, urging the council not to capitulate to what the speaker characterized as a pattern of developer intimidation.

Cascades
Cascades Settlement — Resident Support for No Vote

Support for denying additional density in the Cascades settlement, thanking the council and particularly Vice Mayor Pontieri for their work on the issue.

Cascades
Cascades Developer Pattern — Precedent Warning

Support for denying additional density to the Cascades developer, arguing the same developer entities have used the same litigation tactics at Flagler Beach, and warning that caving would set a precedent enabling future developers to use lawsuits to extract more density.

Cascades
Cascades Developer — New Resident Urges No Settlement

Support for denying the Cascades settlement as a new resident of three months who has observed rapid land clearing in Seminole Woods; argued large corporate builders do not care about traffic or water issues and leave after taking profits.

Cascades
Cascades Bert Harris Claim — Support for Denial

Support for denying the Cascades settlement, endorsing Vice Mayor Pontieri's legal analysis and affirming the prior council's vote was sound.

Cascades
Cascades Developer's 18 Palm Coast Properties — Precedent Risk

Support for denying additional density to the Cascades developer, noting that Vice Mayor Pontieri has consistently predicted developer behavior correctly and warning that approving any additional units would encourage the same developer (who reportedly owns 18 other Palm Coast properties) and others to use lawsuits as leverage.

Cascades
Cascades Settlement — Seminole Woods Resident Personal Testimony

Personal testimony from a Seminole Woods resident who was instrumental in the original fight against the Cascades apartments, expressing emotional distress over land clearing and water quality concerns, and urging the council to vote no on any settlement.

Cascades
M
Discussion By City Manager Of Matters Not On The Agenda
N
Adjournment
N.13
Agenda Worksheet And Calendar

The agenda worksheet and calendar were noted for the record before adjournment.

Advisory Notes
— (public_comment, E) Multiple speakers during the opening public comment referenced the pending Bert Harris Act claim by the Cascades development developer — a matter the city attorney later formally presented under Item L. Speakers urged council not to settle or offer additional density, framing the claim as developer intimidation and warning it would set a precedent for other developers.
— (public_comment, H.7) A speaker raised the question of whether the state DOT appropriation used to fund part of the Old Kings Road South design contract might be subject to federal funding freezes, which would affect the project's financial structure. Staff responded that the $500,000 is a state — not federal — appropriation and would not be affected by federal executive actions.
— (context, L) Vice Mayor Pontieri's floor statement constituted a detailed legal and factual brief against the Cascades developer's Bert Harris Act claim, citing Fifth DCA case law (Pon Inland) as binding precedent that no reasonable expectation of additional density can exist when a comp plan amendment requires city council approval. She also signaled the city should pursue sanctions under Florida Statute 57.105 if the developer files suit. This is the first formal council action on the Bert Harris claim since it was filed November 6, 2024.
— (public_comment, J) A speaker presented figures suggesting a significant discrepancy between the city's contracted garbage pickup rate and the amount billed to residents on the water bill, and questioned where stormwater fee revenue totaling an estimated $23.6 million annually is going. These allegations were not addressed on the record during the meeting.
— (public_comment, J) A speaker claimed the city's water utility cannot demonstrate it has adequate water rights and well assets to support existing and approved development, and stated he had received a public records response acknowledging that 'the majority of future wells do not have current land rights.' He issued a 10-day notice threatening a federal-level complaint if a full well/property list is not provided. This was not rebutted on the record during the meeting.
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