Last Updated: 5:57 p.m.
An attempt by Palm Coast City Council member Theresa Pontieri to enact a 45-day moratorium on home construction in Palm Coast’s “infill” lots failed today. But the council approved creating a citizens’ advisory board focused entirely on flooding problems tied top new home construction, while also approving the accelerated enactment of a series of related regulations Pontieri was urging. Pontieri, however, voted against that measure.
The motions and votes were scattered over a two-and-a-half hour segment of a council meeting that went double that length today. It featured dueling contenders and exaggerations on both sides over the issues.
Ramparts of builders wearing Flagler Home Builders Association-logo shirts were on one side, warning against a building moratorium in critical and dire terms that projected layoffs and sharp economic harm. Residents clad in louder-colored or stenciled shirts (“PALM COAST LOUDMOUTH MINORITY CLUB,” “FLOODED IN FLAGLER,” “STOP TE INSANITY”) were on the other, many of them quite dry but eager to lend support for a moratorium and outrage against what they perceive as a council deaf to their complaints about development.
“I did not want to declare war on the builder and development community. That is not my goal,” Pontieri said. “But I am not a lobbyist for the building community. I’m an elected official. And it’s not my job to well, yes, we have to protect our industries here. We have to protect our businesses here. I get all of that and I appreciate that. But I have to protect my residents, too.” She called for strengthening the city’s Land Development Code and the technical manual regulating construction.
“How is it that we can possibly say we’re protecting our residents by saying nope, moratorium off the table and we can just move forward,” she said, citing nine Florida cities that did moratoriums or temporary pauses “because of this very reason.” As Council member Nick Klufas verified, those moratoriums were not related to Palm Coast’s specific issue: none had issues similar to Palm Coast’s. Pontieri didn’t dispute the fact. But she said the Palm Coast approach is far more narrowly tailored, the point being that moratoriums are not in and of themselves heretical. She urged “a 90-day pause while we finish looking at these last final issues.”
The final issues, however–such us silt fencing, guttering rules, additional inspections–were beyond the scope of the original problem, or at least looked like new issues that cropped up only recently. With its reference to the much broader Land Development code, whose revisions can take months, and goalpost-shifting criticism of details within the technical manual, Pontieri’s call for a moratorium seemed to have lost some of its earlier focus, making it more vulnerable. Combined with the earlier decision to establish an advisory board and with Alfin’s suggestion that the city could start addressing Pontieri’s more specific concerns right away, the call seemed doomed to defeat, even as she called it “a build at all cost” approach that could set the city up for liability.
Pontieri was critical of the decision by city staff to concede to all the changes requested to the technical manual by the Flagler Home Builders Association. “If our internal staff who we trust to make decisions on and advise us up here and make decisions on behalf of the residents have added requirements into the technical manual that were then removed per the HBA input, why is that?” she asked. Cote said some of the changes, such as those addressing gutters, would have trumped the state code, which the city did not want to do. But various issues in the technical manual led Pontieri to conclude that the work wasn’t done yet.
“It’s not going to fix everything because clearly we still have more research that needs to be done,” Pontieri said. “So to just automatically back off of a pause on building that, by the way, I do not want to do–that is not my goal. But if we are not sure that the steps that we are taking today are going to solve the problem because there’s more research to be done, then we need to be diligent and do the research.” Pontieri also cited what she described as “an enforcement issue,” and what the city could do to enforce the city’s own code to prevent improper water runoff. That’s not being done, she said.
Alfin called the 90-day moratorium “arbitrary,” and suggested the advisory committee could itself recommend a moratorium in the future. Pontieri said that would only lead to more construction that would potentially create issues. She was willing to draw back to a 45-day pause. But by the time she made the motion, she drew no second. It died.
Yet another motion by Danko to address the trio of more specific issues Pontieri raised passed. Even though the moratorium matter had died, it was to that issue–not to the Danko motion, which had nothing to do with a moratorium–that most of the public comments were directed: the chamber was filled with people ager to speak their piece, so they did.
“The motion for a moratorium feels as though it was made in an effort to force the hand of the stormwater department and to punish the private sector for not doing what council wanted them to do and the timeframe they want it,” Annamaria Long, executive officer of the Home Builders Association, said, outlining the HBA’s meetings and roundtables on the issue. “We were engaged and we were doing everything that was asked of us.” Long then said a pause would lead to close to $60 million in lost income, including $42 million in local wages and close to 1,000 jobs potentially lost. “Using a moratorium to help residents in one area and in the same breath putting other residents out of work and new homeowners paying additional loan fees seems like a bad idea,” Scott Sowers, president of Cline Construction, said.
Leslie Johnson paraphrased the Declaration of Independence–with a little license endowing the document with a reference to privacy–to claim that a flooded resident has “cannot live in her home as it is. She has fear. She has loss of liberty. She has loss of life. And loss of the pursuit of happiness.” Others spoke explicitly in support of a moratorium, one resident describing a neighboring construction that has risen higher than the fire hydrant by the street. “I’ve done construction for most of my life. I understand what it’s like to have to put a pause on things. And we’re all trying to make ends meet,” the resident said. “But it shouldn’t be the financial burden of homeowners who have to bear the weight of that.” A Palm Coast resident who described himself as owning a business in the construction industry called “a blatant lie’ that a pause would cause layoffs. “For every job I take I turned down 10,” he said.
After public comment on Danko’s motion, but before the vote, Alfin stepped out for a moment, and with Danko–the vice mayor–in charge, Danko, after interrupting Pontieri, swiftly ordered a person in attendance thrown out for answering “yes” when Danko had warned the crowd not to interrupt proceedings, and asked, “you want to test me?”
The man who was actually thrown out is Peter Johnson, a candidate for mayor, who said he had not been the one to yell out “yes” in response to Danko’s dare. “It wasn’t a random person, it was someone who spoke against Ed yesterday,” Johnson said, referring to himself, and why he was thrown out. “It was retaliation, I believe.” Danko disagrees: “It was Peter Johnson who loudly, rudely interrupted our council meeting, and he did not heed my warning, instead silently mouthing ‘I dare you’ before I had him removed,” Danko said in a text. “This was not retaliation, and I have no knowledge of him speaking against me yesterday. The deputy had no problem quickly identifying Mr. Johnson from the crowd as the disruptor.”
Though it was on her concerns’ behalf, Pontieri before the vote voiced her opposition to Danko’s motion, calling it “misguided and haphazardly put forward in an effort to continue to build build build rather than do what’s right.” Danko’s motion passed 4-1.
The beginning of the two-and-a-half-hour segment had been devoted to the latest presentation by city staff on where matters stand with flooded properties and the city’s response, with another brief summary on the genesis of it all.
ITT platted 48,476 lots when Palm Coast was designed, before it was a city, in the late 1960s. Of those, 9,335 remain vacant. They are referred to as “infill” lots, because when houses are built there, that construction “fills in” acreage designed for the purpose, in contrast with more sprawl-like subdivision development that goes beyond the old ITT boundaries (like new development rising west of U.S. 1, for example), or subdivisions on larger, still-empty acreage within the old boundaries, though very few of those are left.
As new homes have been built of these infill lots, many have risen on fill bases comparatively much higher than Existing residents have The city is working on 163 cases, 97 of them having already received site visits from city staffers. The rest should be completed by month’s end. In some cases, the water flow has more to do with existing property owners’ lots than with the new construction. The two may be related, but the new construction is not at fault for causing water retention on existing lots, as the city sees it.
“Existing homes are retaining their own stormwater,” Stevens said. “They’re required under our existing codes and building codes that they have to retain their own stormwater. They cannot drain stormwater onto adjacent properties. A lot of the items that we’re seeing out there is just natural ground compaction.” Compaction is when land “settles” over time. “We’re seeing a lot of the homes that have had compaction throughout the years,” Stevens said. “We’ve seen some areas where they’ve removed trees and change the direction of flow across the property. We’re also seeing that sometimes landscaping is making a difference in how flood water flows off properties.”
By Florida law, the finished floor elevation must be a minimum of 12 inches above the crown of the road in front of the house. “We’ve established an absolute maximum both 22 inches above the crown of the road and no more than 10 inches above the adjacent properties,” toi the left and right of existing properties only, Stevens said. That’s the key new addition to the technical manual. Other changes, such as delimiting the front property line to the edge of the road, rather than to the swale, will also help lower the back elevation of a property, and lower the finished floor elevation. Further technical manual updates are being considered, such as guttering.
“We’re going to finish updating our technical manual and get it implemented as soon as possible. We have unofficially been utilizing the standards already in the field,” Stevens said.
According to Council member Cathy Heighter, there are elevations higher than 22 inches. The city concedes that those homes exist, when measured against the road crown, though compared to houses next door, they’re 16 to 20 inches higher. “What people think it looks like two feet or three feet isn’t as high as you may think,” Cote, the city’s stormwater and engineering director, said. Either way, the new technical manual rules will lower elevations.
“It appears to me that we’re headed in the right direction with this. I just want you guys to be able to assure the public that we’re not going to have this problem moving forward,” Danko, who had been at the origin of the push to address residents’ flooding concerns, said. Cote assured him that the changes will make a difference. “Hopefully we have solved this problem moving forward. I see no point today in pushing for any temporary pause and construction of single family homes on infill lots,” he continued, before grumbling from the full chamber interrupted him, and Mayor David Alfin had to issue his first caution to the audience.
Danko–who compared the ongoing flooding issue to the wildfires of 1998, crisis-wise, and framed the matter as a way to unify the community–instead made his motion to establish the Citizens Advisory Committee that would explore flooding problems and report potential solutions back to the council, “and then explore all options to help these folks, including, but not limited to some financial assistance.” A council member and city staff would be appointed to the committee as a liaison. Council member Theresa Pontieri seconded. The motion passed unanimously.
“This is not going to solve something over night. But this is going to give everybody a voice and give everybody an opportunity to work to solving this,” Danko said.
Deborah Coffey says
There are only 2 solutions: 1. Lots of lawsuits against the city and the builders (if they’re allowed) and 2. Vote out every single council member except for Theresa Pontieri.
KMEDLEY says
Just Say No!
No to Alfin
No to Danko
No to Klufus
Elections have consequences!
TREEMAN says
Forget about RINO Danko as a County Commissioner!! Ship him back to his home at CNN (Communist National Network)!
The dude says
He won’t be the city of Palm Coast’s problem for much longer… the MAGA tribal olds who love to hate will support his jump to the Flagler County Commission. Where he will “run the county” just like Mullins did.
Dennis C Rathsam says
In laymens terms, too all you in flooded lots…. Bend over a kiss your ass goodbye!
TR says
So city council caved because of the exaggeration on the description of what the builders said. So IMHO, There is really one solution. ALL the residence in palm coast that have a problem with flooding because of the higher elevation of a new constructed home next to theirs which wasn’t a problem before that new home was constructed need to all get together and SUE the hell out of the city and the builders of the homes. Past experiences of the city creating any type of board or council has shown wasted time. I have one question, who are the members of this council going to be, people connected to the builders or regular residence who have this issue?
palmcoaster says
Wholly agree! Non enforcement of Ordinance Chapter 24, 156, (c) they have a case.
Jack Howell says
Interesting arguments by all parties involved. Creating a citizens’ advisory board focused entirely on flooding problems tied top new home construction is a step in the right direction. However, while the council appointed a member of the council as liaison, a member of the Home Builders Association should also be included on this committee.
The looming danger to all this posturing will be focused on what city council will do with the findings of this committee. City council and staff have a history of ignoring the input of these types of advisory boards. In reality, I see no positive long term resolutions. Just more lip service!
Celia Pugliese says
Exactly Jack…meanwhile the affected neighbors continue enduring floods.
Disgusted says
Danko Klufas and Alfin must go. They work squarely for the HBA. Those dollars go it into their campaigns are funneled in by developers and lawyers who use friends and family to funnel in $
James says
Turns out this was only Pontieri pushing a moratorium. She didn’t even get a second to her moratorium motion. To say she’s in the outside looking in, is an understatement.
Greg says
Never a doubt that this would be voted down. The city counsel is run with realtors and the city really could care less if your flooded. Without the tax dollars new homes bring in every month, the city probable could not survive. Don’t trust the city to do snything here. They mostly can’t be trusted.
tulip says
So, while an advisory committee is having meeting after meeting and taking all kinds of time with it arguing with about the problem, the builders can keep pouring their house pads as they have been doing all along and nothing gets accomplished? Stupidity at its best.
Pogo says
@The Edge of Wetness
Good luck with all this, let’s not mention 25 years of Florida being run by the politicians running it now; their leashes held by the characters whose campaign donations provide the politicians’ forever homes, where the choke collars and muzzles are only used when need must, and a place of honor under the table — where the table scraps are continuous and plentiful.
Heel! Good doggy.
The dude says
Ahhh… the Citizen’s Advisory Committee… where legislation is sent to be “studied” and then die.
In other words, the builders who aren’t pressed to pay impact fees in either a timely manor or in sufficient amounts, won on the power of a form letter email.
Scott Burns says
Has anyone posted pictures of homes that are flooded?
Pontieri should run for Florida House!
oldtimer says
I understand growth but, we have growth out of control. In my section there have been at least 5 lots cleared and houses built only to have a for sale sign put up after completion, how can we justify all that building when the houses don’t even have tenant’s?When the market tanks like it did last time, we will have a boatload of empty houses. How is that” progress”?
TR says
Builders came (and are still) buying up empty lots and building a house on it before they even have a buyer. The biggest one that I know of that is doing it now is DR Horton. He build a stick home (which imo in florida is a dumb thing to do) then puts an imitation covering that already looks like stucco on the exterior walls and then paints it. They did this with a house across the street from me last year. It took 4 1/2 months to build and after about 3 months of construction they put a for sale out front. I guess before the house is complete and if they have a buyer, the buyer can choose interior colors of floors, walls and whatever else. It was finished and it took 6 months to close. They started the asking price of 339,900 for a 4 bedroom, they sold it for 329,900 and closed on 12/29/2023.
Pi$$ed off in Palm Coast says
This is what happens when voters do not do their homework and blindly vote based on campaign signs or party affiliations. The City Council is supposed to be chosen with no reference to party affiliation, but we all know better. I’m sick to death of voters who go straight ticket … just because. Get your heads out of your rectal orifice and start researching what these candidates really represent. The current Council should be run out of town with the exception of Ms. Pontieri, who seems to be the only one actually paying attention to the constituents!
My dad was a lifelong custom builder so I am sympathetic to that industry TO AN EXTENT. The current Council is letting development run rampant and causing harm to existing homeowners. It just isn’t right! Too much, too soon. Our infrastructure is failing, my water pressure is about half what it used to be, and every tree in the neighborhood is ripped up at the roots and taken away. If I wanted to live in an urban jungle I’d go to south FL, Orlando, or Tampa!
dave says
Citizens Advisory Board = An exercise in futility when your adversaries are Relator’s, BIG money developers, Council personal that SOME are in it for themselves, just show them the money. The flooding around these homes has already occured, what we are seeing is nothing but good old fashion lip service by the City. In the end, big money always wins out with a few scrapes thrown to the citizens impacted..
Rubert says
This morning I saw a Squirrel and Raccoon ice skating in my flooded swale. Usually there doing back strokes in the swale.
RCH says
Pontieri for Mayor.
protonbeam says
nothing will change – nothing. You have a staff with little actual competence and zero impetus to change, more so than the politicians they are in it for themselves. This is a “nuiscance” they will weather. Wait for the big bills to come in as others have noted our infrastructure is past its shelf life in many areas and way beyond its design for capacity in others. The development ponzi scheme can only kick the can down the road so-far. Just like Florida Park Drive nothing will happen. Just like the splash pad nothing meaningful will happen. Just like sidewalks in C section nothing meaningful will happen. Just like canal dredging, nothing meaningful will happen. just like litter control nothing meaningful will happen. just like updating municipal code nuisance’s nothing meaningful will happen. just like fiscal accountability nothing meaningful will happen. Just like the horrible cellular service in the entire city nothing meaningful will happen. Just like fiber-net nothing meaningful will happen. just like the promise to expand economic development and bring new industry, nothing meaningful will happen. To say Palm Coast government is broken is an understatement and there is no short-term hope in sight. No one at City hall looks at recurring problems and says “hey we should get ahead of this one before it explodes” – or “how do we actually follow through on an issues and solve problems – even when it gets hard?” they just keep their heads down and take pay raises – zero leadership and even less accountability. Now you can sure bet that because of back rooms there is plenty more “development” that will happen…and you will pay for it.
Mesha says
Your own fault for voting in real estate agents on your board lol. What did you expect. They don’t care about any of you just more money and your mayor is a scumbag. I live here but did not vote for this crap…
jeffery cortland seib says
Unfortunately, the palm coast city council showed their true colors when they failed to implement a short-term moratorium on housing starts so as to establish rules to prevent an ongoing disaster of new homes flooding existing homes. The motion put forth by council member Pontieri couldn’t even get a second in order to take a vote. The half-hearted proposal by council member Danko of having another citizen committee formed to look into this issue will do nothing to stop anything having to do with additional homes being flooded by new home construction. The stormwater engineer, Mr. Cotes, on questioning, left open a window of opportunity for builders to continue the same old, same old. residents having to retain attorneys and forming groups to fight back is a sign that something is wrong in city hall. All the parties involved should have jumped on this as soon as it was brought to light. This issue, while a major mistake, sadly joins the ever-growing list of missteps by the government we have chosen.
Jane Gentile-Youd says
It is all very simple. Residents not business owners have a right to vote for their leaders. Hence they pay their chosen leaders to take are of the, the resident voters human beings . ” Inc.” nor “LLC” have voting rights nor do YOUR elected officials represent them above YOU! The City in my opinion needs to be sued in a venue other than Volusia/Flagler. First Motion I, as a lay person would file, is a Request for change of venue to far far far away…. Those who you elected are there to serve YOU not THEM.