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County Commission reaffirms waiver for planning board members amid residency debate

November 21, 2023 | Flagler County, Florida


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County Commission reaffirms waiver for planning board members amid residency debate
The Board of County Commissioners for Flagler County convened on November 20, 2023, to address several key issues regarding advisory board appointments and residency requirements. The meeting focused on clarifying the status of two appointees to the Planning and Development Board and the implications of previously issued waivers.

The discussion began with concerns about whether the board had legally granted waivers for the residency requirements of the two individuals in question. It was noted that while their applications were included in the agenda materials, the agenda memo did not explicitly state that a waiver was being provided at the time of their appointment. This led to a debate on whether the board should reaffirm the waiver to ensure the validity of the appointees' actions during their terms.

Commissioner Sullivan raised the issue of a potential challenge regarding the appointment of members who did not reside within the required geographic area. The board members expressed a consensus that allowing the appointees to complete their terms while revisiting the criteria for advisory committee membership would be the best course of action. They agreed that a holistic review of the criteria for all advisory committees was necessary.

As the discussion progressed, it was clarified that the board had previously waived the residency requirement through a supermajority vote, as none of the candidates lived within the designated area. However, concerns were raised about public awareness of the homestay issue at the time of the original vote.

To address these concerns, the board considered a motion to formally reaffirm the waiver and allow the appointees to continue serving their terms. The commissioners discussed the legal implications of their decisions, confirming that they had the authority to remove members from advisory boards at any time and that reaffirming the waiver would not expose the board to liability.

Ultimately, the board moved towards a resolution that would allow the appointees to serve out their terms while also addressing the need for a clearer understanding of the residency requirements moving forward. The meeting concluded with a call for a motion to approve the waiver for one of the appointees, Miss Haywood, thereby solidifying the board's position on the matter.

This meeting highlighted the board's commitment to ensuring transparency and legality in its appointments and the ongoing need to evaluate the criteria for advisory board membership in Flagler County.

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