- March 19, 2025
The Flagler Beach City Commission did not restore a requirement to hold a referendum for annexations exceeding 5% of the city’s geographic area. But it did make changes to the ordinance approved in January, 2024.
At its March 13 meeting, the commission voted 4-1 to keep large annexations in the hands of the commission but only by a supermajority — four out of five votes. The January, 2024, change called for a simple majority. The previous ordinance also defined the 5% annex cumulatively within a calendar year, meaning it could take a number of annexations to reach a total of 5%.
With the new ordinance, only a single annexation that exceeds 5% of the city’s area would require a supermajority vote.
The January, 2024, change was made in anticipation of a possible annexation of land for the proposed Veranda Bay development. Votes on Veranda Bay have since been tabled. At the March 13 meeting, attorney John Tanner, representing Preserve Flagler Beach & Bulow Creek Inc., requested the commission return to the referendum requirement for large annexations noting that the need to annex in a more timely fashion than a referendum would allow was no longer a concern now that the threat is gone that Palm Coast would annex first.
A few residents also spoke in favor of referendums rather than three commissioners having the power to decide a major annexation to the city. One of those was Flagler County Commissioner Kim Carney, who is a Flagler Beach resident.
However, Commissioner Eric Cooley suggested a supermajority vote to replace the simple majority.
“I don’t look at this ordinance as a Veranda Bay type ordinance,” Cooley said, adding that a referendum for annexations over 5% could handcuff future endeavors. He said that if a supermajority is not reached then it probably wouldn’t pass through a referendum either.
New Commissioner John Cunningham was the lone vote against the ordinance saying he would prefer to go back to the referendum requirement.
“I’m not for taking votes away from the people,” Cunningham said.
Cunningham and reelected Commissioner James Sherman were sworn in at the beginning of the meeting. Sherman was then elected the new commission chair with Rick Belhumeur elected vice chair.
Also at the meeting, the commission approved Cajun Beach restaurant owner Patrick McKinney’s request for an outdoor entertainment permit on his third attempt judging that he took the necessary steps to soundproof the outdoor stage. The approval was on condition that live music would stop at 9:30 p.m. and there would be no drums and no karaoke.
