Nearing midnight Tuesday the Palm Coast City Council voted unanimously again to limit development on the Cascades development in Seminole Woods to 416 single-family homes following an often raucous hearing before an overflow and untempered crowd. Much of the discussion–or arguments–hinged on whose fault it was that the issue required the extraordinary re-hearing, after the council had seemingly settled the matter in a pair of votes last September and November.
The Cascades is to be a development at the southwestern edge of Seminole Woods, nearer U.S. 1. The Cascades planning area includes two property owners: Byrndog, which owns 331 acres, and JTL Grand Landings, which owns 45 acres. The council in November voted to remove planned apartments and reduce allowable construction from 850 units to 416 single-family homes. Weeks later Michael Chiumento, the attorney representing the Cascades developer, requested the re-hearing, saying the council’s vote had included an impermissible land-use change affecting the JTL acreage.
It should have been a mere technicality: a rehearing to correct what amounted to the equivalent of a scrivener’s error. Instead, it turned into brawl of implications, assumptions and blame-casting. The November hearing in November had drawn a huge crowd worried about those apartments and the size of the development. That opposition swayed the council to adopt the scaled back development plan.
The re-hearing ignited the same crowd, this time accusing the council of setting up about-face. Chiumento did not contradict the assumption Tuesday evening when, in his presentation to the council, he asked for the 850-unit total to be restored, at least on paper: he offered the caveat that the full 850 would not be “necessary” without apartments. Still, the contortions gave credence to public outrage that the re-hearing was just a maneuver to remove the council’s limit of 416 homes.
So there were really two threads throughout the hearing: the personal and the technical. City Council member Theresa Pontieri dueled with Chiumento, disputing his claim that mistakes were made on all sides. Chiumento attempted, but failed, to return the maximum allowable development to 850 units. And speaker after speaker in more than an hour of often shrill public comments, included the occasional threat of a lawsuit, alternately accused the council of going back on its word–that 416-unit limit–and championing either city staff or Pontieri for countering the developer’s maneuvers.
Even though the council stuck to its original limit of 416 homes and no apartments, the controversy further eroded the council’s already vulnerable credibility–justifiably or not–on this and other fronts: Tuesday’s meeting had begun with nearly two dozen members of the public again berating the council in an hour of comments mostly over flooding complaints in Palm Coast’s traditional quarter-acre lots.
Mixed in with that hour of comments were the periodic accusations of corruption that, baseless and at times slanderous thought they are–none of the accusations have ever been documented by so much as one piece of evidence or testimony–have become almost routine at council meetings, at times affecting the tenor or direction of council members, who feel compelled to react: Tuesday’s opening salvos led to a proposal by Pontieri to halt all “infill” development on quarter-acre lots until the city’s technical manual spelling out new construction rules is ratified. That proposal will go before the council on Jan. 16.
And with yet another controversial land use proposal taking up the next hour–the proposed development next to the Polo Club West–tempers had shortened considerably by the time the council took up the Cascades matter, three hours into the meeting.
“Your vote last time restored faith in you as a council and you need to stick with it again tonight,” Jessica Matthews, one of the residents. “The comment that Pencils have erasers from the last meeting is completely uncalled for. I cannot go to a bank and sign a legal document and then ask for it to be taken back because I made a mistake.”
“The residents didn’t have a chance to even understand what we were going to read here today before this started, and that’s a problem,” Victor Rodriguez, a Seminole Woods resident, said. “That’s a big problem because that screams–and I hate to say it–but it gives the perception of corruption. I’m not saying that this is corruption, but it definitely gives a perception of corruption. And that’s not something we want for Palm Coast. And then to have the lawyer who I know is doing his job, not going to blame him at all for that, but to have him come up here and talk about your staff that way and not say anything to him, to question the people on the council’s experience and allow him to do that, is wrong.”
Rodriguez was referring to how Chiumento had explained the matter earlier, in response to Pontieri’s contention that the re-hearing was essentially unjustified.
“We had a motion for rehearing based on something that did not occur,” Pontieri had said. She quoted a letter from Chiumento saying that the city had changed the land use designation on the JTL, or hook, property without notice to JTL. But that claim is incorrect, as Senior Planner Jose Papa confirmed. “We have an authorization from JTL Grand Landings,” Papa said. The land use was and remains residential. At the Nov. 7 vote, the council did not change the land use on the JTL property. It included those 44.8 acres in the planning area that would have limited development to 416 units in the entirety of the development.
“The rehearing is only about the Comprehensive Plan Amendment, and the rehearing was requested because one of the parties in the ordinance that changed the land use designation or Comprehensive Plan Amendment by adding limiting policies, was never part of the process,” Chiumento said, citing email threads illustrating the issue. “It’s pretty darn clear that both myself and Mr. Jose Papa had said emphatically in writing that Cascades was the comp plan application and that the hook parcel and JTL was not part of it.” If there was to be a rezoning of the JTL property, there would have had to be authorization for that from JTL. Jeff Douglas of Douglas Properties–Douglas is the project manager on the entire project, not the authorized agent for JTL–secured an authorization for the rezoning from JTL. But that rezoning is still not part of the rezoning, Chiumento said. “So as I sit here right now, after working with Jose for 20 years, to suggest that that is not accurate, is really frustrating.”
“What happened here is that we made a mistake too,” Chiumento said, the too signifying that he and the developer alone were not at fault, but so was the city. “We made a mistake, when you look at the ordinance that was approved.” The mistake was not noticing that the JTL property was incorporated in a land use change for which there was no authorization. “It is unequivocal that the city does not have written authorization as required by your published handbook and state code that JTL consented to a change in the land use,” Chiumento said. “It was a mistake on all our parts. And I recognize that. But at the end of the day, there is no written authorization.”
The request for the rehearing was to remove JTL from the ordinance changing the future land use map. Chiumento also said that he was requesting the approval of the original limit of 850 units, not 416, drawing howls from the crowd. “So by removing JTL from the ordinance, the request is still 850 units,” he said. But since the apartments were removed, “850 is not necessary at this point in time.”
Along the way, he made unflattering comments about Pontieri’s experience, as if she had misread documents. Pontieri took sharp exception, reading from the documentation the council had approved to show that Chiumento’s account was a “misrepresentation.” That documentation specified that the only land use change was limited to the Cascades’ 330.8 acres, leaving JTL’s parcel untouched by the wording.
“So again, to say that we as a City Council misapprehended facts,” Pontieri said, “or what really really chaps my backside about this is throwing staff under the bus because staff did nothing wrong. They did everything that was asked of them.”
Council rules forbid meetings from continuing past 11 p.m. absent a vote to do so. With that time approaching, Palm Coast Mayor David Alfin attempted to adjourn to Jan. 16 before the Cascade matter was completed. The Jan. 16 meeting would be held in the morning. A vote to that end failed, 3-2. The council agreed to extend the meeting 30 minutes.
That led to further discussion about email threads and the possibilities of lawsuits, if the proper documentation was not in place, and finally a motion by Council member Nick Klufas to remove the JTL parcel from comprehensive plan ordinance, and preserve the limit of 416 homes. That passed, 5-0. There was no applause from the remaining crowd, just an adjournment of the remaining items on the agenda to the Jan. 16 meeting.
Rami says
What is the grand vision here? Develop every inch of land until it looks like Miami? So maybe there’s no corruption (maybe there is and it has been undiscovered), but honestly, to a person, everyone I speak to about Palm Coast over the past several years is disgusted and appalled at the rapid development of homes taxing the current resources, overburdening roads with cars (heaven knows there is no mass transit to speak of), and pitting neighbor against neighbor (current residents vs. new residents) over things like flooding. Does the city not have a planning department to help determine the consequence to the environment or understand where all the water goes when there is so much more concrete? We already have flooding in each swale that sits for 9 months out of the year. When all the empty lots are cleared, where will the water (and the animals) go?
Liberace says
This is what they do. They get all the money from permitting and impact fees and whatever else we don’t see. Doesn’t matter if the houses sell or not. Theres taxes on them, fines etc. It goes on and on. If things crash the City and the County then level leins on these properties and its a win, win. Not matter if overcrowded or not.
TR says
Part of that is true as to the permitting and impact fees. However you would think the city would collect this money BEFORE the lot or area is cleared. But the way I understand it they don’t collect on the impact fee until the house is sold. So for instance 416 homes with an impact fee of (I think ) $5,300.00 per house gives a total of $2,204,800.00.
Liberace says
Uh no. The municipalities are getting that money from the developer. The developer recoups it by passing it on to the buyer. Back in the days here when impact fees were a few hundred dollars builders used to tell you they would cover the bill as a selling point.
Susan Giannuzzi says
Very well said!!! Everything you said is true.
Me says
Enough with the building everywhere, take a look around and see the traffic on everywhere street is out of hand.
Darlene Shelley says
The residents of Palm Coast have woken up and we see what the Mayor and his cronies are doing here. It is not slanderous to say that realtors have something to gain by denser growth, and that is what this group has pushed upon the citizens for years. Well, we see what is happening here and will not stand by and let 3 council members upzone every parcel, approve every special exception use, and land swap parcels for the sole benefit of a developer without a continued fight. These actions are: harmful to the local residents, violative of the Land Development Code, at odds with the Comprehensive Plan, diminishing to our quality of life, adding to the serious flooding issues plaguing many residents, decimating hundreds of majestic specimen trees, harmful to the fragile ecosystems, and are destroying the environment that is home to abundant wildlife and many protected species. These attributes are what brought us to Palm Coast. They must be protected at all costs, and not sold out to the highest bidder requesting the highest density zoning for properties that were never designated for such use.
Me says
I totally agree every since the new mayor of PC got into office his developor friends hit town and he is allowing them to build everywhere. He is destroying what once was a nice place to live. Please do not re-elect him he is out for himself not for the City of PC.
Cameron Stiles says
Time for a forensic audit of all the transactions this city has been involved in!
Mark says
Chiumento seems to have gotten used to the Council “rubber stamping” developments. Hopefully a new day is coming soon when the council stands up to all developers including lot base heights which should not exceed 12″ above the crown of the road or the developed parcels on all three sides.
KMedley says
Elections have consequences, and, unfortunately, the people of Palm Coast are living with those consequences. The first of many red flags for voters was that of a former publisher endorsing candidates as if he, the former publisher, was a king maker. Look no further than the attitude of Auf Wiedersehen Alfin as he continually silenced the “raucous” crowd and repeatedly threatened to adjourn the meeting.
Alfin acts as if her were annoited, not elected, and given a scepter as opposed to a gavel. Need more evidence? Clueless Klufus, after the city’s own staffer cited 125+ cases for property flooding issues, insisted the numbers were a mere 26 and that these 26 need to be addressed and then the City needs to move on. Have either Alfin or Klufus visited ANY of the flooded properties? How many times have city council members, past and present, encouraged citizens to attend city council meetings to address their grievances? Yet, when people show up and confront those responsible for the continued destruction to their property, Auf Wiedersehen Alfin reacts as an annoyed monarch rather than a concerned mayor. Now, if his horse stables were flooding, he would be the first to mount his trusted steed and ride through the city streets shouting, ‘the stables are flooding’.
Go back through the recorded City Council meetings. Alfin’s first priortity has been and will continue to be The City, not the Citizens. There’s a big difference. At the December 12th meeting, staff indicated older Palm Coast homes, built by ITT, were built in such a manner the water aquifers were to be restored through stormwater drainage. Article IV, Drainage, Section 24-1587 Lot Grading, of the City of Palm Coast codes, which passed March 7, 2000, appears to be have been created to stop a practice the city acknowledge was taking place. Builders were directing stormwater drainage to adjacent lots. Again, at the December 12th meeting, staff indicated building codes had changed thus leading to the new build and elevated lot grading. When did this change? Prior to the change, did the City conduct ANY impact studies to see the effect changes would have on existing homes and yards? If not, why? City swale maintenance has been an ongoing issue with no solution in sight.It’s not a question as to whether or not the City is responsible. In my opinion it has already admitted its failures and responsibilities. The question before Alfin and others, is how much?
Many people are experiencing flooding on their property through no fault of their own, other than buying an older home in Palm Coast. Is this gentrification by design or is this complete incompetence by the City? Many cannot afford the thousands of dollars required to regrade, install drainage systems, resod, and hope the problem is resolved. Those who own older homes of Palm Coast and faithfully paid their taxes, along with increasing storm water fees, are now the ones being silenced and almost forbidden from their First Amendment rights by those they elected, those who draw their compensation from the citizens’ tax dollars, in a building constructed and furnished with their taxes.
City of Palm Coast Elections will take place this year. The office of Mayor, along with City Council District 1 and 3, are on the ballot. The current list of candidates may be found on the Supervisor of Elections’ website: https://www.flaglerelections.com/Election-Info/Local-Candidates-Committees
Start your homework, NOW! Find out who is supporting the candidate. If the attorney to the developers is contributing substantially to a particular candidate, ask why? If newspaper publishers overtly push and endorse candidates, ask why? The most important act any citizen can do is to VOTE! We cannot continue to live with such horrible consequences.
Pissed in PC (no longer I left) says
I 100% agree on the gentrification remark. I inherited my home 10 years ago. I paid my taxes but got nothing from the city when the lots were developed causing mine to flood and leaving my screened in back porch unusable for 3 1/2 years. Alfin did come out and sent some guy from Stormwater but zilch. I gave up, sold out and left in October. I was in zone 1 and Danko never cared as he was copied in on all emails. Now you have 2 realtors running for that zone and both have that big R next to their voter registration. Palm Coast has become known for realtors and developers getting their way if elected to city council and screw the taxpaying peons. Get rid of realtors and developers and let real working class handle the council positions.
Concerned Citizen says
What they are really admitting to is they got caught.
Mayor Alfin, The Chiumentos and Developers know well what land zoning is what. Then a public outcry comes along. And they have to back peddle. And worse of all. They try to shift blame on us because we want better for our community.
Someone really needs to take a hard look at conflict of interest. And possible ethics complaints. I have never seen a Mayor so wrapped up with local attorney’s and developers. To sit here and tell me that large amounts of money aren’t moving behind closed doors is outrageous at best.
I implore the residents of Flagler County to do better electing people to represent. Our future is at stake.
Thomas Hutson says
Raucous Hearing
I had the opportunity to attend Palm Coast’s business meeting last night, my first time since moving back here. For the past 3 years, I have followed the news topics covering All of Flagler County. I have met so many people in all Flagler County that have very little or nothing good at all to say about their government bodies, both County and Cities. For the most part both Flagler County and Palm Coast are at a dead heat in the distain their voters have for them.
Last night during this business meeting from the outlook and opinion of this writer (means nothing) the Flagler County Voters are correct in their feelings. I was amazed by the actions of most of the Palm Coast Council Members. Council Member Theresa Pontieri you did an outstanding job, you were prepared and saved both actions voted on for your constituents, great job! I was truly shocked and disappointed at the actions of You, Mayor Alfin. You displayed nothing but unprofessional actions during the meeting. Snapping back at the Attorney speaking for the Polo Club HOA, demands an apology from you, not only to the Attorney but to the residents of Palm Coast. Mayor, I would offer a suggestion to you, watch last nights meeting, with emphasis on your statements, and body language, they both speak volumes of your distain for Palm Coast residents. There was never a doubt from those in the audience what side of the issues you were on. Mayor, you have the power to change these feelings, take a step back and decide where your true feelings are. Your constituents deserve better from you. As Mayor, you set the standard and what is expected conduct for not only other council members, but your public as well. Finally, at all cost its your job to “PROTECT” your staff, they work for you! Don’t let them get thrown under the bus.
Ray Klimasewski says
Maybe we should change the name of the town from Palm Coast to Compost…..Means where you put grass and leaves to rot along with fruit and veg. too.
Chris says
Keep standing up citizens of palm coast and the s section! Theses corrupt politicians must be vote out before this town looks like Orlando!
TR says
It already look like Orlando. We have a Mikey Mouse Mayor, a Donald Duck, a Goofy, and a puppeteer as council members. We just don’t have the billions of dollars in revenue to watch them perform.
C’mon man says
Can we add a turn lane from SR100 onto Seminole wood first? I’m tired of cutting through the Racetrac.
Connie says
Neighbors keep up the fight they work for us. Now finally is coming out who the dishonest people are. November will be here soon. Please Vote the Mayor out..
Bob Evans says
FORENSIC AUDIT!!
palmcoaster says
Lets attend all meetings and I know is a sacrifice that the residents do not get paid for, because these developers and their lawyers will try to pass all the rezonings, spot zonings and special exceptions they can as they see the 2024 writing in the wall. Years 2022 and 2023 have been the worst and most wasteful years for the city of Palm Coast regarding ill approved growth and our taxes wasted even via wrong grants requested for the wrong application like the over 2 millions wasted repaving Seminole Woods Parkway that was in perfect condition, so now Allette developer can have a more brand new looking asphalt for these Cascades…and lets do not even start with the 25 millions requested to expand the Matanzas Woods Parkway into miles of vacant lands way west of Rte 1 when Old Kings Road not taken care and behind scheduled widening for over 15 years from Matanzas Woods Parkway to Old Dixie Hwy. As soon the city Mayor in office, the Holland approved, funded and $163,000 engineering designed cost of the 2 traffic calming Islands in Florida Park Drive were voted down at original bid of $200,000 for both and those funds were sent back into the unnecessary 2 millions overpriced thin layer repaving of Seminole Woods “make me look shinny brand new ” for developer of Cascades. They lie and cheat like engineering saying that the new problem of flooded yards and homes next to new 4/6 feed back filled lots has nothing to do with it. But instead because ITT had the homes built to drain in the adjacent vacant lots, preposterous lie!. Reason is that city current Community Development and Chief of staff former Home Builders Assoc. director that should have never been hired by our city over conflict of interest, has allowed his former bosses (developers/builders) to do as they please satisfying greed, by looking the other way! Now we have what last heard in the meeting 125 flooded yards and homes in spite that Councilman Flukas outrageously lied of being only 26. Mr Flukas needs to retract and stop lying to achieve his legacy like his frivolous excuse of total lack of cell reception around the PHGC to justify his 5G 150 feet tall cell tower, 150 feet from our homes! As a matter of fact around the city the amount of flooded properties are mentioned to be as high as 400….and this council needs to stop construction like Councilwoman Pontieri wanted, until new city ordinance is updated. Also the #7 Clubhouse Drive location of this 5 G cell tower as well has to be scrapped and moved away near any homes in Palm Coast as furthermore was not even in the “original never notified to residents” 2018 Wireless Plan. There is plenty vacant land away form residences in Palm Coast to relocate this tower! Is a shame that this suspected Radio Frequency waves health affecting 5 G towers were installed in the schools grounds when in other states, cities and counties are to be installed 1ooo to 3,000 feet from homes, schools, etc. :Shelburne, MA – no wireless antennas within 3,000 feet of schools and within 1,500 feet of homes and no new wireless antennas in residential zones.
Copake, NY – no wireless facility may be within 1,500 feet from homes, schools, churches, or other buildings containing dwelling units.
Stockbridge, MA prohibits a tower from being built 1000 feet from a school, park or athletic field and 600 feet away from any residence.
Sallisaw, OK – no commercial wireless telecommunications towers within 1,500 feet of homes.
Calabasas, CA – no “Tier 2” wireless telecommunications facilities within 1,000 feet of homes and schools
Can we all remember how long and after how many millions died; smokes nicotine, DDT and asbestos were deemed deadly to humans? Only takes prudence and responsibility to oppose greed and distortion to preserve the residents safety even in our city chart written but is being violated 24-7. More multifamily needed like Mr Danko believes for more city income? What income when then we are asked to approve raise of our utilities fees to pay for growth? What income when our ad valorem splits city 24 % and county 44% maybe you mean more income for the county that does not pave our roads or services?
Lets stop all these madness that have the residents to spend in attorneys to defend from those we elect to represent us and their six figures staff that our hard earned taxes sustain and that are supposed to work for us. Ignorance and arrogance runs rampant at city and county dais and except for Councilwoman Pontieri, the rest should learn from her.
Bruces says
I have been here for 10 years plus this entire city council is a joke
at least half of the have bad baggate including some of the back staff
get ride of Delronza Get ride of the person in charge of repairing the streets
get ride of the head for water all high paying salarys need to be slashed
no questions asked some people both present and past could possible
be brought up on criminal charges