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Flagler County rescinds resolution to sell narrow Hernandez parcel after residents cite flooding, encroachments

August 04, 2025 | Flagler County, Florida


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Flagler County rescinds resolution to sell narrow Hernandez parcel after residents cite flooding, encroachments
Multiple Flagler County residents and property owners told the Board of County Commissioners on Aug. 4 that a narrow county-owned strip of land between 66 and 68 Hernandez Avenue has contributed to repeated flooding of neighboring homes and contains historic encroachments; after public testimony the board voted to reconsider and rescind a prior resolution to sell the parcel and instructed staff to pause the sale while they pursue a negotiated resolution.

Residents Steven Tyson and Bailey Doucet, both of 70 Hernandez Avenue, described October flooding of their home that county engineering staff subsequently tied to runoff from adjacent properties and the county‑owned strip running between them. Tyson and Doucet said they paid roughly $15,000 to repair flood damage and urged the commission to stop the sale while drainage and encroachment issues were resolved. Neighbor Steve Davis and attorney‑represented property owners also addressed the commission. Several speakers said structures and driveways built decades ago encroach on what is now county property.

Commissioner Kim Carney moved to reconsider the commission’s July action authorizing disposition of the parcel; Commissioner Hansen seconded and the motion to reconsider carried unanimously. After public comment and staff discussion the board voted, again without dissent, to rescind the earlier resolution and directed county staff and the county attorney to work with the affected parties and report back with options. County staff said they had paused sending notices and soliciting bids pending review, and that county engineering staff had visited the site and proposed a short‑term drainage solution (a small swale) and, if needed, a French‑drain type installation to address the runoff.

County staff and the county attorney described the parcel as a narrow strip—approximately 165 feet long by 15 feet wide (about 450 square feet)—that had at one time been part of a larger private parcel before becoming county‑owned when taxes were not paid. Staff said long‑standing encroachments had been built decades ago and that property records and title history were irregular. Attorney representatives for two of the adjoining homeowners said they would attempt to negotiate among owners; county staff said those negotiations could include deeds or other conveyances to resolve access rights and encroachments.

Public commenters raised legal‑notice questions. One speaker cited Florida Statute 120.525 and argued the county had not given seven days’ advance notice for the item; the county attorney said that chapter applies to state agencies and school boards, not to county commission agenda notice timelines, and that the county’s notice was proper. The commission did not adopt any immediate sale or conveyance; the rescission returns the matter to staff for mediation, technical evaluation and a future, more detailed staff report.

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