What seemed like throngs of residents who appeared before the Palm Coast City Council over the past few months to complain of flooding on their properties caused by new construction nearby. The issue crowded out so many others for a while, upending city priorities and triggering a call for a building moratorium. It would not have been unreasonable for the council to expect that there’d be a flood of applicants to serve on the newly created Residential Drainage Citizens Advisory Committee meant to explore solutions.
Three weeks into the application process, it hasn’t happened yet. Only two people have applied. The original application window was to close at the end of the month. The city may keep it open longer, especially when there aren’t enough applicants to make a quorum.
The City Council approved the resolution establishing the committee on Feb. 20. “It’s ready to go live as soon as council adopts this,” City Manager Denise Bevan told the council at the time, referring to the application.
It’s been up on the city’s website, first in line on its page of “Boards and Committees,” inviting the public to apply, though you have to know it’s there to get there. There is no promotional link from the home page, as there is, say, for the council members’ town halls, the comprehensive plan, Food Truck Tuesdays, and so on. (Should you be interested to apply, see the application in Word format here, and in pdf format here and at the foot of the article. Or go directly to the city’s website to access the documents.)
The ordinance that sets out the committee’s functions calls for a minimum of five members, a maximum of nine, plus two alternates either way. They would meat at least once a month, in the sunshine–they’d have to follow the open meeting law and submit all their communications concerning the committee to public inspection, if requested. Each member would serve a four-year term, with a maximum of two terms, assuming the committee lasts that long. It’s not intended to be a permanent committee. The resolution calls for the committee to “sunset,” or end its existence, on Feb. 20, 2026. The committee would have a two-year span. But the council, by simple majority, may decide to extend the committee’s life.
The resolution prevents the committee from expanding its scope. The committee will “evaluate and identify issues related to construction” on the city’s original 50,000 or so lots platted by ITT, about a fifth of which have yet to be built up. And it’ll examine the effects of construction on adjacent properties. “The Committee shall research potential resolutions to identified issues,” the resolution states. “The Committee shall identify potential funding sources for identified resolutions. The Committee shall formulate findings and recommendations in relation to potential assistance and remedies for identified damages.”
That’s it. So the committee is more like a special commission appointed for a set period of time with a focused, limited objective–like, for example, federal commissions that have studied crime, drugs, assassinations, or the more recent state commission that examined school security in the aftermath of the Parkland massacre. Drainage on quarter-acre lots doesn’t have the same weighty consequences, but to people living on those lots, it can still be the difference between a life of quality and one of hassles.
That’s what Marie Jesena-Wuerth of Birchwood Drive has been telling council members since last fall, when she first appeared with a cardboard collage of the conditions where she lives, and where a new house has risen, quite high, next to hers. Jesena-Wuerth’s property is essentially ground zero of this particular flooding issue. It was her property that last fall drew Council member Ed Danko, along with several reporters and city staffers, as the emblematic property that seemed to speak for many others. A new house was under construction next to Jesena-Wuerth’s, and it was on fill that rose significantly higher than hers, an older house on a lot that had also settled over the years.
Danko first proposed establishing an advisory committee in January. Jesena-Wuerth is one of the two people who have applied. (The other is Rich Cooper, a Frankford Lane resident and a property and casualty insurance executive in the business 20 years. He’s written “a lot of flood coverage through both [private] and the federal program,” he stated in his application, and has been a long-time Palm Coast resident familiar with its drainage issues.)
Jesena-Wuerth was back at the council with a new cardboard collage on Tuesday. “I am here today to give you guys an update as to what happened to my house,” she told the council. “They have started putting down the sod and in the back part of it, it’s about three feet high. As you can see in the picture, the pictures don’t lie. It’s ridiculous looking. And I am just so very afraid of what it’s going to be like once the rains come in. So I am here today to show everyone in this room the end result of the construction of this new home next to mine.”
She called the new home a “catastrophe,” and criticized the city (“they refused to do anything”) though the city’s authority was very limited, and its staff spent a considerable amount of time working with Jesena-Wuerth to the extent that it could.
Council members will not nominate committee members, but the council will vote to approve each member. No elected official or employee of city government can serve on the committee, though the panel will have one staff liaison assigned, as do all city advisory committees. But she was not satisfied. “He treats us with contempt like we’re idiots, you know, that department does. We’re not,” she said. “I just wish that somebody from that department would truly work with us.”
The committee is open to all residents–not just those who have drainage issues, not just those who live in the affected segments.
Joe D says
Not REALLY surprised that only 2 people have volunteered to serve on the advisory board for control of storm run off drainage. Generally ( and not just in Palm Coast), when people complain about an issue, and the jurisdiction appoints a panel to elicit residents concerns and suggestions….few people have the time or inclination to serve on the panel.
The problem with the drainage issue, is the increasing flood risk in the area due somewhat to sea level rising, but for much of Palm Coast it’s a combination of worsening storms and an antiquated storm drainage system…( SWALES ? Really?).
New construction is being told to build higher ( up to 3+ feet higher), given the increased flooding risks over the last few years. FEMA flood ratings, ARMY CORPS of Engineers recommendations, and demands of INSURANCE companies (if you want a lower flood insurance cost), have all pointed to building elevation as the way to mitigate flood damage risk. Of course that does little to help with older (1970’s-1980’s construction)
When I looked for a retirement home in Flagler Beach, I wouldn’t consider a property that wasn’t elevated 6’-8’ above the ground. I transferred from Maryland, and ALL costal areas in Maryland and Delaware required 8’-10’ elevation for all new construction since the mid 1980’s. Florida’s hurricane mitigation regulations as late as 2005 we’re MOSTLY concerned with wind protection, not flooding….I was Shocked!! It doesn’t help either that the county and Palm Coast specifically, has tried to develop every inch of remaining green space, so water run off has no where to GO!
Trying to retro-fit drainage should not be IMPOSSIBLE, but it would probably involve sinking a drainage pipe at the property line of the new construction that would catch and channel excessive run off around the property to the main property drain. I would think that should be a cost borne by the new construction developer.
In any case, if there is only
Minimal citizen interest on working out solutions agreeable to all concerned…that it indicates a lack of commitment to coming to a joint solution. Citizens in this day and age cannot simply complain to their elected officials, then say “YOU fix it.” They just might do that, and STILL make citizens unhappy.
JimboXYZ says
I think those that complained have identified the problem. It’s really up to he City “experts” to fix the building code(s) & problems that should’ve never happened in the 1st place. What powers would the 5 on this committee have ? Alfin & others have rubber stamped new construction, that’s too little too late for anyone that is facing the crisis.
“The resolution prevents the committee from expanding its scope. The committee will “evaluate and identify issues related to construction” on the city’s original 50,000 or so lots platted by ITT, about a fifth of which have yet to be built up. And it’ll examine the effects of construction on adjacent properties. “The Committee shall research potential resolutions to identified issues,” the resolution states. “The Committee shall identify potential funding sources for identified resolutions. The Committee shall formulate findings and recommendations in relation to potential assistance and remedies for identified damages.””
The problem isn’t the 40 of the 50K lots that ITT platted, it’s the onesy, twosey of filling in with the new construction that is going in next to the pre-existing builds. I think the city already knows what it has to do & that’s to avoid drastic elevations on the new construction properties. It is what it is, 3 feet higher elevation than an existing construction is going to flood the lower elevation every time. The City needs to make the necessary adjustments to code. The developers & city are the one’s that created this mess, they need to be financially responsible for the flooding of homes that was not an issue before their work happened. It’s as simple as those that broke it, they fix & pay for it. If your neighbor drives into your mailbox, they replace it & pay for it, stay on the asphalt. Example, there’s a house around the corner that has sprinkler heads in the swale, well there are track marks thru the swale form someone that obviously has difficulty staying on the asphalt road. They catch that one, any spinkler damages need to be paid for by the party that damages the water system ? Common sense ? Sad part is that it would have to escalate to a lawsuit before those responsible are held accountable & responsible. Impact fees need to include the monetary funding to correct incompetences of those that approved the problem with no regard for the repercussions of their actions ?
Concerned Old Guy says
I concur. This committee seems to be a delaying tactic. When all the lots are sold and have houses then the city will probably do their job and fix the rules.
This problem requires expertise most citizens do not have but, not advice and meanderings from contractors who are more interested in building houses than addressing the results of their actions.
Greg says
Wow, I was ready to sign up, but they want way too much info, including financial info, which is not their business. I see why only two have signed up so far.
John Stove says
I have 20+ years of Public Works-Utilities and Transportation experience for similar size towns, worked for the South Florida Water Management District (Flood Control) and have education and certifications in Erosion and Sediment Control, Building and Construction Technology and Environmental Science.
I am not bothering to submit an application because this advisory board is nothing more than a “check the box” for the city so that they can claim that they got the stakeholders (local residents) involved. The advisory board has no power or “teeth” to effect any change and would be an exercise in futility for those that serve.
Building knowledge 101 will tell you that when you develop infill lots next to existing homes and the finished floor elevation of the new home is substantially higher than the existing home, the water runoff from the new home will flood onto and into the existing home.
The city saying “but it is allowed under our current regulations”…..and should have been proactive to stop this and not reactive like they are now.
A more informed approach by the Building Department would have been in front of this issue a long time ago.
Celia Pugliese says
This is the problem that Palm Coast residents have when it comes to organizing to resolve issues. They tired of the quest as even attending meetings in droves to have a serious issue resolved whether officials or “stake holders” call us vocal minority.
City staff follows direction of elected ones and not having those elected to really care for solutions the city administrators cause us the issues take years to resolve or never are resolved. We have to hear the audacity on a recent meeting of one of those “stake holders ” reps also calling us the vocal minority suggesting the city takes a survey of the rest of 102,000 residents before voting on action in the request for a solution of a problem presented. When convenient to some special interest the city has taken very negative decisions like in 2015 with Mayor Netts and then councilman DeLorenzo and manager Landon the quiet closure of Forest Grove (with a nice walkway on it )at Palm Harbor Pkwy sending over 3500 vehicles daily to Florida Park Drive under unacceptable excuses. ITT built that road in our original master plan and specially with the growth we have we need more roads not road closures and if closed the traffic will increase in the adjacent residential roads like Florida Park Drive a mayhem now for its road front residents. Those speaking or influencing our elected ones of taking no action in resolving this road issues do not reside road front on it then why have a say? Like this many other issues caused by consecutive administrations go unresolved or new one’s created specially by rezoning to increase density and do not blame ITT please for the mad traffic now or the floodings as all of it was very well addressed by the original ITT engineering with Engineer Mr. John Moden design approved by the FED, St Johns River Water Management and many other state entities. The problem are the changes made to the original ITT plan obvious and visible everywhere and just to satisfy greed. Another example for the allowance of the expansion of the Island Walk shopping center 57% more businesses and with the same infrastructure capacity that is why since reopened the smell of sewer and flooding on its Florida Park Drive side is often obvious and in spite of calls (even to the DEP) goes unresolved. Too often consecutive city administration approvals for up density have been done juts to satisfy greed and not talking in account the existing residents property rights before the project approved, just the rights of the applicant for the new projects! In 2024 hopefully we will have the chance to change all this in city and county and impose some needed moratoriums to have our overwhelmed 1970’s old water, sewer, drainage and roads plus our services catchup with growth and much needed. Just to name a few…we voted by referendum early in 2000 No to an way over ending tag price for a City Hall and was built anyway while the much needed widening of Old Kings road from Matanzas Parkway to Rte 100 was sent to the back burner and still there as now are needed 18.5 millions to widening south of PC Pkwy and 18.5 million to widen North of it to take the speeding traffic off our residential narrow and curvy roads. And now the residents left one more fight since mid 2,000 and increasing unbearable nuisance the ever increasing touch and goes and rounds noisy lead dropping all over Palmcoasters of these ever growing domestic and world wide pilots flight schools learning off our Flagler FIN turned into airfield airport in the very center of our city!
blondee says
And why should they? Let the highly paid city engineers figure it out!!!
TR says
I don’t give the city engineers much credit to figure anything out to the benefit of the residence of PC. They will not tell the city that it’s all their fault, because that would make the city council look bad. JMO
jeffery cortland seib says
Having served on a city citizen advisory committee for eight years I can tell you it’s a tough slog. They sound good on paper or the city website, but the reality is much different. Few advisory committees actually accomplish something, and what is accomplished is what the city staff wants it to be. The folks that have been affected by the drainage issues with new homes going in next door have heard all the stories, so they won’t apply. So, who do we have left, the stakeholders?
Maria Dunbar says
In the last 6 months, Kandi Stevens has amassed a core team of 6 devoted people who are doing more than this proposed committee could ever hope to do.
They’ve built up a following of nearly 700 members in one Facebook group, several hundred more on at least 3 other Facebook groups and more on the Next Door app. They’ve had 2 successful community meetings, gathering affected members who have been trespassed upon by storm water that runs downhill from the higher builds that lack the proper drainage as required by Palm Coast city ordinances and FL Building codes.
This group is doing the job that Palm Coast City Staffers cannot or will not do.
Through various FOIA requests, some of the findings include:
– City Staffers are not telling the City Council members the whole truth about how many people are complaining (Our lists combined with the city shows nearly 300, while the city’s list only shows approximately 144).
– City Staffers are changing the building & permit records after the fact; they are amending the notes months later to cover their tracks.
– City Staffers are closing cases as quickly as the cases are opened and many times without contacting the person who initially created the case.
– City Staffers have been allowing people to move into new builds that do not have a certificate of occupancy.
– City Inspectors are ignoring items that fail inspections – such as roof joists, plumbing issues and other items
– City Inspectors are doing “drive-by” inspections without leaving their vehicles and/or doing virtual inspections. They do NOT get on a rooftop to inspect it.
Regarding the swales, per a FOIA request to the city, it was learned:
There were 1,459 cases created from Jan 1, 2023 – Feb 9, 2024
Of these cases, per the city’s notes:
Assigned to Field Technician – 21
Closed (no explanation) – 652
Closed – “No Notification” – 117
Customer Response Received – 1
Pending – “Assigned to Department” – 651
Waiting for Customer Response – 1
Work Is Scheduled – 16
This group has been physically going out to inspect property for causes of the flooding, has been working with & speaking to members of the community, City Council Electeds and various builders and subcontractors – again, doing the jobs that the city doesn’t want to do.
There have been some successes, but there will be a final day of reckoning where someone will need to take accountability for the damage brought to our neighbors between the loss of their privacy, rights to the free use of their own backyards and in some cases, front yards, damage to their homes and loss of trust in those who work in City Hall, the Mayor and the city council members who can’t bring themselves to respond to pleas for help. The City is responsible for their reckless disregard of life and property. The builders & contractors who are complicit should have their permits revoked.
What more could any hamstrung “committee” do that Ms. Stevens’ core group of 6 hasn’t done so far? Core member Jeremy Davis says it the best, “Make it make sense and they’ll go away.”
Nephew Of Uncle Sam says
Just the republican heavy city council kicking the can down the road instead of taking care 0f the problem now.
MITCH says
EXCELLENT Celia – wisdom that has witnessed ITT plans destroyed by those that promised if we voted to become a city ALL EXISTING residential neighborhoods would be protected. WHAT A LIE! Destruction started immediately when “BUILD MY LEGACY” took control, pushing development over the need to take care of immediate improvements necessary for growth (that mind set is still here GROWTH AT ALL COSTS, even to the point of sacrificing children’s health). Without the proper foundation the city continues to spend taxpayer’s money to add those that want to be accounted as part of the legacy; forget protecting residents, it does not exist. The harm of the excessive traffic on Florida Park Drive (7,700 cars per day, 785 trucks per day) growth has been before the City Council since 2009. Carl Cote corrected me when I kept saying that the traffic numbers from FDOT website by say the city furnished those traffic numbers to FDOT. Now do you get the picture of building a legacy? The city watched the destruction of Florida Park Drive in Realtime. The Sheriff’s Department is the only part of government protecting the residents. Man made flooding – part of building a legacy. Harm from traffic fumes/dust/noise – part of building a legacy. Harm from cell towers – part of building a legacy. Harm from aircraft noise/fuels – part of building a legacy. Harm from failure to enforce truck ordinance – part of building a legacy. Harm to residents by funding a traffic fix (islands) & cancelling – part of building a legacy. ETC.. ETC..
NOW YOU UNDERSTAND BUILDING A LEGACY HAS NO ROOM FOR PROTECTING RESIDENTS.
UNCONTROL GROWTH WILL CONTINUE TO HARM RESIDENTS.
The dude says
All complaints, no solutions.
That’s Palm Coasters for you.
Richsrd Russell says
Getting to the bottom line for me, is the city working on the awail problem. My swails and several others are full of water almost all year long. The city comes out every 3 or 4 years and just dig out and replace the sod. That is NOT fixing anything. Just a band aid that has cost the city thousands of dollars and will CONTINUE to COST. Thousands more. Maybe we need to hire Professional Engineers. What say you with water filled swails
I’D love to send in addresses.
JACK CARROLL says
CITY HAS BEEN TO MY HOUSE TWICE. I SENT PICTURES.OVER ALL THE YEARS I HAVE LIVED HERE THE SWAILS HAVE BEEN DUG UP FOUR TIMES AND IT DIDN’T FIX THE PROBLEM. INSTEAD OF LOOKING FOR VOLUNTEERS YOU HAVE THE LIST OF PROPERTIES THAT GET FLOODED JUST GO AND FIX THE ISSUE THAT THE CITY ALLOWED.I HAVE LIVED AT MY HOUSE HERE FOR 25 YEARS NO FLOODING TILL CITY ALLOWED THE HOME BEHIND ME TO BE BUILT WITH SUCH A HIGH ELEVATION. AN INSPECTOR FROM THE CITY TOLD ME TO REGRADE MY PROPERTY .WHAT A JOKE THAT WOULD REQUIRE ME TO HAVE WIRES ADJUSTED SPRINKLER SYSTEM ALL REDONE AND THEN HAVE A NEW LAWN PUT IN.
Jane Gentile-Youd says
Oh Jack. I have missed seeing you at Commission meetings. You are brilliant as always
Doug A says
If the premise is that the already built on lots settle over the years, the question is how come we don’t see a massive amount of foundation problems on older houses. There have been 2 houses built on the lots west of me in the past several years. The swale depths are not he same and they don’t line up with my swale or the one beyond them. The city does construction inspections but doesn’t inspect the swales. The use of swales is set up to fail from the get go.
BLINDSPOTTING says
Good Celia Pugliese, that sums it all! And why are they asking for residents financial info
that’s one sure way of turning people off, it’s none of their damn business, it’s
like they purposely sabotaged it to make it difficult for people to commit. These
poor people feel lost , like one lady said at a meeting, “What did I ever do to deserve this”.
They also can’t admit to any things that they overlooked or mistakes because admission puts
them in a liability situation.