- November 4, 2024
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The ruling is in: A Flagler County judge has denied a lawsuit demanding the votes on a Palm Coast charter amendment be tossed out. The votes will be counted.
The lawsuit, filed by resident and former mayor candidate Alan Lowe, claimed the ballot summary did not sufficiently explain the purpose of the amendment and was misleading to voters. Lowe's suit asked the court to order the city and Flagler County Supervisor of Elections Office not to count the amendment's votes.
Circuit Judge Christopher France's Nov. 4 ruling stated that the overall intent of the amendment — the "removal of provision (3)(e)" in the city's charter — is clearly stated.
In a statement to the Observer, Lowe said that even though he is disappointed they did not win his suit, he hopes it at least brought enough awareness to the amendment that it will be voted down.
"Really the goal, along with hopefully winning, was to get enough awareness out there that come voting tomorrow, hopefully it'll get voted down," he said.
Any further action on his and his attorneys part, he said, will be decided after the results of the Nov. 5 election, and whether the amendment passes or fails.
The Charter Amendment, approved in July by the Palm Coast City Council, is to remove Article VI section (3)(e) of the Palm Coast City Charter. That section outlines limitations on the city’s borrowing power, specifically limiting the city to only borrowing up to $15 million at a time and prohibiting it from entering a lease-payment contract that is longer than 36 months.
If the city wanted to enter into agreements greater than or for longer terms than those outlined in (3)(e), it would require the approval of Palm Coast residents via a referendum vote.
Removing section (3)(e) would allow the city, with City Council approval, to increase its borrowing power and extend the amount of time the city can be in a lease agreement, without a referendum vote.
The language for the amendment on the Nov. 5 ballot is as follows:
"Title: Charter Amendment to Update Provisions Related to City Council's Contracting Authority
Summary: Shall Article VI of the Charter be amended by removing provision (3)(e) related to fiscal Contracting Authority that limit the City’s ability to enter into public private partnerships, have the ability to address growth by having future residents contribute to infrastructure costs, respond to emergencies and use available financial instruments including, but not limited to bonds."
While some of the language in the amendment's summary are arguably nonessential or excessive, France wrote, it "is in no way misleading to the voter."
"The consideration left to an informed voter is inescapable: 'Do I want to empower the city commission further to contract without that existing limitations,'" the ruling states.
Further, France states that voters are "empowered by the ballot description to become informed voters" by directing interested voters to the charter section, which, he notes, is easily found through a Google search.
Lowe said his issue with the charter amendment has always been the wording. With the charter's language being 20 years old, he said, it doesn't hurt to see if things need to be updated.
"But to remove somebody's right to vote and to have the vague wording that I believe was there — that I did not like," Lowe said.
Council member Theresa Carli Pontieri said she believed France made the right ruling. Pontieri has in the past agreed the language of the amendment "isn't perfect," but also believes the charter section should be updated.
Based on the public's negative response to the amendment, Pontieri said she doesn't believe the electorate will vote for the charter amendment as it is written.
"But if it does, I am going to be steadfast in my commitment to passing a resolution with the new council members that will put guardrails on our borrowing power and limitations so that we can alleviate some of our residents concerns," she said.
In a press release from Palm Coast, Mayor David Alfin said of the decision, “While I believe that placing this issue on the ballot was the right move, I deeply respect the concerns and dedication of all our residents. Our community’s active involvement in local government demonstrates a powerful commitment to ensuring Palm Coast remains a place where all voices are heard and respected.”
The Palm Coast City Council unanimously approved the language and adding the charter amendment to the November ballot during council meetings over the summer. In August, Vice Mayor Ed Danko changed his mind on the charter amendment language, calling it “deceptive” and “fraudulent.”
Danko has since been vocal in his opposition to the amendment. In a statement sent to the Observer of France's ruling, Danko said he urged residents to vote against the referendum.
"It’s now up to voters to reject this Palm Coast Charter referendum, which, if approved, will give the city a blank check to borrow money," Danko wrote. "All for the benefit of the developers of the so-called westward expansion, and at the expense of the citizens who will forever be surrendering their right to vote on any future bond issues."
Both Palm Coast mayoral candidates — Mike Norris and Cornelia Downing Manfre — have in the past made statements against the charter amendment's language. Norris on Monday afternoon told the Observer over text: "We will defeat it at the ballot box."
In a statement emailed to the Observer, Manfre said she respected France's decision, but believed the council should keep a specific cap on borrowing or leasing by the City Council.
"I believe the council made a serious mistake in the wording of the amendment and wanting to alter the founding fathers original intention of capping borrowing power of the Council," she wrote.
This is a developing story.
