Last Updated: 1:17 p.m.
Palm Coast City Council member Cathy Heighter resigned Friday, less than two years into her first term. City Manager Lauren Johnston received Heighter’s resignation letter by text this morning.
The resignation upends the council at a pivotal time: it is about to approve next year’s budget and its new Comprehensive Plan. It is in the middle of an election. And the proximity of the November election and the timing of ballot eligibility has the city administration and its lawyer scrambling to figure out which would make more sense: an appointment or a special election on the November ballot, or a combination of the two.
Supervisor of Elections Kaiti Lenhart said “the timing in this situation is unprecedented and presents several issues. A sitting City official has never withdrawn between the Primary and General elections.”
Heighter set her resignation’s effective date as August 23–halfway through the current pay period. She is stepping down, she wrote Johnston, “to focus on my personal health and well-being, my aging family members while I continue to pursue my passions in life serving our Veterans, Military families and the communities of Flagler, Volusia, St. Johns, Putnam County and the rest of the State of Florida.”
Heighter’s resignation upends process more than politics on the council: though she was trying–she’d meet with city staff every Monday–Heighter never appeared to have gained her footing on the council. She contributed little to discussions. Most issues seemed to be beyond her. Her votes less unpredictable than predicated on the last comment she’d heard. Alone among council members, she was resistant last week to reverting the council’s meeting schedule to four meetings a month, as it had been under Mayor Jon Netts (two meetings, two workshops, in alternating week.)
According to the city charter, if a member of the council resigns, the council has to make an appointment within 90 days. If there is an election within six months, the council may forego the appointment and wait for the election to fill the seat. The complication in this case is two-fold: Heighter’s seat is not up for an election until 2026, and there is an election in November. But in effect, all candidates for the November ballot must be certified by mid-September, when the Supervisor of Elections mails ballots–possibly sooner, since the supervisor must print the ballots.
That leaves the council and potential candidates less than a month to meet that deadline. “In realistic terms we’re talking about an election in nine weeks,” Palm Coast Communications Manager Brittany Kershaw said this morning, not counting meeting all eligibility criteria.
Lenhart, the supervisor of elections, has already mapped out the council’s tasks.
“If the City were to determine this position must be filled during the November election, the City council must adopt an immediate qualifying period for any candidate who wishes to run for the office,” Lenhart said today. “Due to time restraints, candidate petitions would not be accepted, and a candidate must pay the required qualifying fee. Our deadline for a final list of candidates is Friday, September 6, 2024. That is an absolute deadline, our testing procedures must be completed before the Federal deadline to mail ballots to overseas civilians and overseas uniformed service members by September 21.”
The qualifying fee for a City Council seat would be 4 percent of the current salary of $24,097, or $963.
Lenhart spoke with the city attorney today. “The City Charter requires a vacant office with more than one-half of the term remaining to be filled at the next regularly scheduled election,” she said. “The Charter is silent on how the office should be filled when that next scheduled election is in progress, although it is defined as November in the Charter. Candidates will not have time to gather petition signatures because City elections run concurrently with the statewide schedule. Candidate qualifying for this election ended in June.”
If the additional election on the ballot does not require the supervisor to add a page to the ballot, there will be no added cost to the city. If an added page is required, the city will have to pay the elections office $14,000.
The council’s meeting on Tuesday was cancelled because of the primary election. It meets next on Aug. 27, when filling the Heighter seat will be discussed, unless the council calls a special meeting before then.
Contacted Sunday when FlaglerLive learned that Heighter was planning to resign–but had not confirmed it (Heighter did not return phone and email messages on Sunday)–Mayor David Alfin said he had not heard of the possibility, but did not sound shocked. “Certainly it would be unexpected,” he said. “I haven’t followed Cathy’s health recently, I know she’s had some illness and some things, and missed a little bit of time on the dais. Hopefully she’s well.”
Three seats are up in this year’s election for council–Alfin’s, and the seats held by Ed Danko and Nick Klufas, both of whom are running for County Commission seats. So at least two seats will be filled by new council members, and possibly that of the mayor. With Heighter’s resignation, there is a possibility that by November, Theresa Pontieri will be the only council member with any kind of seniority, and even then, just two years’ worth, though Pontieri appears to have mastered the job faster than most. The new council is expected to appoint a city manager.
Though turnover has been brisk on the council in recent years, the council will have never known this much change, and aside from its early years after the city incorporated in 1999, will have never had so little seniority. That would have been the case next November even without Heighter’s resignation.
That may influence how the council approaches filling the seat.
The Heighter seat was the subject of a resignation several years ago, when Steven Nobile resigned in April 2018. The council voted to appoint Vincent Lyon, an attorney, in his place. He served six months. Eddie Branquinho was elected. Lyon is still in the district. Branquinho is not.
“I wish her well but she could scarcely have picked a worse time to resign,” said Bob Cuff, the attorney and former City Council member who was on the council when Nobile resigned, and part of the process to appoint his replacement. “The ‘orderly’ way to replace her would be an appointment until a special election to fill her seat but the cost of that and the confusion that is likely to dominate the new council (especially if three seats are filled by new members) is going to make that a mess. Just not sure how they can qualify any candidates sincerely interested in time for the November election and expect voters to make an informed choice.”
[This is a developing story.]
Here’s the Charter Language on filling vacancies:
1.If, for any reason other than recall or assuming the office of Mayor, a vacancy occurs in the office of any Council seat within the first two years of a term, the office shall be filled by appointment within 90 days following the occurrence of such vacancy by majority vote of the remaining Council members. If said vacancy occurs within six (6) months of the next regularly scheduled election, the remaining Council members may delay the appointment. Such appointments shall last until the next regularly scheduled election, at which time the seat shall be declared open and an election held for the remaining two years of the original term, thus continuing the original staggering of district seats.
2.If, for any reason other than recall or assuming the office of Mayor, a vacancy occurs in the office of any Council seat within the last two years of a term, the office shall be filled by appointment within 90 days following the occurrence of such vacancy by majority vote of the remaining Council members. If said vacancy occurs within six (6) months of the next regularly scheduled election, the remaining Council members may delay the appointment. Such appointments shall last until the next regularly scheduled election, at which time the seat shall be declared open and an election held for the regular four-year term.
3.If a vacancy occurs as a result of a Recall Petition, such vacancy will be filled by Special Election as outlined in Art. VII.
4.Any person appointed to fill a vacant seat on the Council is required to meet all the qualifications for office except the petition requirement.
Leila says
Very sorry and disappointed to see this. She is a lovely person and I hope that she is alright.
Joanne C says
Yay, one less realtor on the Council.
Phillip Williams says
It was painfully, painfully obvious from the beginning of her term that Cathy Heighter was in over her head on the city council. Watching her during the city council meetings it was obvious she couldn’t follow what was going on and struggled to make a vote on anything.
This is a woman who was backed during her election by the continual disruptors in Flagler County namely Sharon Demers, Jearlyn Dennie and their then group at the time, Flagler Conservative Pachyderms (now defunct). That group includes and included Will Furry, Christy Chong, Jill Woolbright, Kathy Austrino and all their hangers on. That’s fact. That’s verifiable.
Be careful who you vote for. Do your own research. Don’t go by campaign platforms. Don’t go by fancy campaign promises. Don’t go for lies. It doesn’t take long to do a Google check on any candidate. There are city council candidates up for election NOW who have blatantly lied about who they are and what group is backing them, yet people will still vote for them.
Do you want to keep voting for and electing the same losers in different disguise?
Cathy Heighter getting elected to a seat on the city council was a mistake from the beginning, but Sharon Demers and Jearlyn Dennie got what they wanted and the rest of us have suffered.
Morris says
You nailed it. Before, it was Mullins they shoved down our throats.
Big belly Bob.... says
Don’t vote for Sharon Demers and her drifter friend Pastor J.
This group back the leat most qualified people..
They will be at UT again and again disruptive to the residents of Flagler County.
One screaming racism, the othe just lies to your face.
Sharon Demers handing out cards for people to vote for and she is the elected current State Committeewoman.
She sucks at her job and makes issues where there are none.
I hope things get better here soon.
City Council please wait till November.
Calling' it as I see it says
@ Big belly Bob, I think you meant to say GRIFTER in describing “pastor” J. Add Mullins and the McDonald’s to this list. They now run what used to be a fairly good Republican Party here. Hang on to your wallets. Renner support keeps Demers and Dennie in control.
me says
The Palm Coast City Council has fallen apart with no one on its council anymore, they are all bailing ship makes us taxpayers wonder what is going on at City Hall. FlaglerLive time for a City of PC story for it’s taxpayers.
Bailey says
Blame this one on the voters for not doing their homework. Better candidates are out there but won’t run because this place is so nasty, fact. You post interviews.
Elections have serious consequences when you’re too lazy to do your homework, watch a debate or just don’t bother voting at all. Palm Coast is full of this. We specialize in bitching.
The dude says
The yoots protest instead of vote.
The olds bitch online instead of vote.
It’s pretty much the same problem either way. Just a different medium.
CRB says
Ain’t that the truth!!!
Nephew Of Uncle Sam says
“Better candidates are out there but won’t run…”
People get out and Vote Tomorrow, there are two great Candidates in Seib and Stancel running for YOUR City Council. Yet they won’t win if you don’t go Vote, don’t worry about that November Election this Election Tomorrow (Tuesday the 20th) affects you now.
KMedley says
Peculiar timing, that’s perfect for the developers’ pit bosses to shuffle in another joker. It’s more probable than not an appointment will be made and why wouldn’t the developers seek to appoint Melendez?
Moses says
Greco comes from a family of major developers in S. Florida and he voted there in the last election. He is all over the TV. His campaign workers are being trained out of state and being flown in.
Are we about to be screwed? Not taking a chance, voting Darryl Boyer who is local.
I voted already says
What does Greco have to do with the City of Palm Coast City Council? Nothing. Why comment about Greco and Boyer under this story?
Boyer, being young and perhaps naive, unfortunately got involved with Joe Mullins and Sharon Demers. Have you seen the photo posted online with Sharon Demers, Joe Mullins and Darryl Boyer in relation to Boyer and Mullins being named delegates to the RNC convention?
If Darryl Boyer got involved with Sharon Demers and Joe Mullins, I’m not voting for Darryl Boyer. In fact, I’ve already voted for Greco.
Yes im right says
Mullins and Boyer are not associated with each other. Greco moved to St. John’s and got in race the next day. His rich CEO father then bought endorsements and paid people off . I’m in the know. You aren’t. Damn shame these guys seats into Tallahassee using our red district. Once elected we will never see greco again.
I voted already says
“I’m in the know. You aren’t”.
That’s an interesting statement since you don’t even know who I am.
David says
Would be nice if you name the position Boyer was running for. I don’t see him on the ballot.
blondee says
Go back to selling houses
Ric Flair says
For those of you that were here when the city first incorporated, what would you have envisioned if the City would have been marketing “Imagine 2024”. I think about how it was then versus now with all the over development, inadequate roads, inadequate drainage systems and the general incompetence in City leadership (both elected and regular staff). So I “Imagine 2050” will be really horrible if you still live in Palm Coast.
Palm Coast Since Childhood says
Actually, I remember going to the McDonald’s on Old Kings Road when it was new. I was a kid, and my cousin drove me to the drive-thru. She turned to me and said how much Palm Coast will grow and wondered what it would look like when I grew up.
I think, ever since then, I was waiting for what’s now happening to happen. And I look around the city and still see trees, nice looking things, and it’s impressive, compared to us having one Publix, one gas station, and that brand new McDonald’s back in the 80’s. I still want, for young people, what I wanted as a teen. There’s more now.
Traffic evens out as growth stabilizes. I love this.
Diane McIntosh says
After thinking about this unusual turn of events for the last couple of hours, I think the timing of Heighter’s resignation is suspect.
Here’s my take on what’s going to happen going forward:
1. Alfin’s pal, Fernando Melendez, ran against Heighter 2 years ago and LOST.
2. Fernando Melendez is currently running against Andy Dance for Flagler County Board of Commissioners.
3. Fernando Melendez will undoubtedly LOSE to Andy Dance by tomorrow’s election day.
4. The timing of Heighter’s resignation gives Alfin the opportunity to appoint the widely disliked Fernando Melendez to Heighter’s now vacant seat . . . once he loses tomorrow to Andy Dance.
5. Alfin is probably already working behind the scenes garnering support for his choice of Fernando Melendez.
Alfin, if you read this, we DON’T WANT FERNANDO MELENDEZ on the Palm Coast City Council. He’s widely disliked for his dirty and underhanded politics, his political backstabbing, LYING ABOUT HIS EDUCATION, his overall attitude, for being in your back pocket, and for being a LOSER TWICE in Palm Coast and Flagler County elections (if and when he loses to Andy Dance for County Commission this election tomorrow, which is pretty much a sure thing).
Don’t do it Alfin. Fernando Melendez is NOT WANTED on the City of Palm Coast City Council.
Nephew Of Uncle Sam says
Who is this “we” you speak of?
I have no problem with Fernando and he would be a good addition to the City Council. That is of course if you wish to put your name up for consideration “Diane McIntosh says” to be appointed to the City Council.
KMedley says
Exactly! Melendez ran Alfin’s campaign: https://askflagler.com/former-alfin-field-operative-fernando-melendez-announces-bid-for-palm-coast-council/
Concerned taxpayer says
Please find someone that has NO tax liens or bankruptcies…
Denise Calderwood says
Sorry to hear about this. Cathy worked hard and she listened intently to the issues. Whatever is happening behind closed doors is the problem and the fact that the Peter Principle is alive and well in Palm Coast- staff rise to the level of their incompetence! And pure Greed selling out to the developers….and buying up and getting rid of the affordable housing options.
Palm Coast used to be a great place to call home but what is it now ….. A swamp full of unhappy people and displaced animals! But we have Arborists on city payroll, beautiful landscaping that gets replaced too often and an out of control parks and recreation department spending millions of dollars on facilities that we have to rent out at very high prices to use! And the cost of service fees outrageous too!
Wake up Palm Coast citizens … do mire than vote hold the staff and elected officials accountable by speaking out at meetings and asking for transparency and accountability…..
Nephew Of Uncle Sam says
And Vote! Why cry later if you don’t get out and Vote for your local Elections that directly impact you now.
tulip says
I didn’t vote for her but what what happens to the votes she did receive? Are they just cancelled out and the people who voted for her lost their vote, or what?
Old Rumrunner says
Tulip,
Ms. Heighter’s seat is not officially up for reelection until 2026.
Political hanky-panky will be in play filling the seat until then.
jbeagly says
Two Words
Financial Audit !
Asked and answered says
Financial audit is here https://copc-strapi-production.s3.amazonaws.com/Fiscal_Year_2023_Annual_Comprehensive_Financial_Report_a2965042dc.pdf
Local governments are required to post either the annual financial audit or a link to the state auditor general’s website. I hope you can sleep better at night knowing your city government has been properly audited every year.
jbeagly says
Forensic Audit!
ASAP
Xbadge says
Another rouse…what’s the REAL reason she left..abruptly AND by text??. Was a horrible Realtor as well and as property manager for local real estate ofc….dealt with it on many occasions. Was wondering how long the glam gal would last on the council..in waaay too deep..
No to Fernando says
Say no to Fernando. He will not beat Andy Dance tomorrow. The people will have said no twice to him. They shouldn’t go against the will of the people.
used to love palm coast says
Everyone be careful. Now that this seat is open, you will have the likes of Denise Calderwood running a campaign for this. And for those of you that don’t know Denise, do some homework. She claims to have a no profit organization that is nonexistent, she makes false claims of her house being damaged by a hurricane so that she can get a free Fema trailer for a year just to rent it out to some homeless people and take 80% of their SS checks, she is now claiming that Fema didn’t fix her house properly so that the can be put up in a 2 bedroom suite in Daytona. This woman swindles, lies and steals from everyone and she backed Cathy because Cathy helped her swindle some grants to go back to school.
We have people like Denise and others trying to run this town just by getting everything for free by scamming the residents of this town. When I first moved to this town I thought what a nice town this is then I started watching the city officials and the school board and can only think that this has got to be a joke. Can’t stand all the liars and the cheats holding our public offices and screwing the good townspeople over.
Bob Squeo says
Letting the current council members select her replacement is simply crazy. Of the four remaining members two will leaving in November. Hopefully the mayor will as well.
Jane Gentile Youd says
Shake em all up and let’s get in Gina Weiss to clean up the disgusting corruption- if Palm Coast doesn’t shut her down flat out – ( in my opinion) at the airport as well as leaning up the joint corruption ( my opinion) of Palm Coast and the County working on 2050 not 2024. Madness that Gina has the courage to fight.