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Resident group raises legal notice and referendum concerns over annexation ordinance change
Summary
An attorney for community groups told the Flagler Beach City Commission that a January amendment to the city’s annexation procedures eliminated a previously available citizen referendum for large annexations and that posted notice did not make that change clear.
John Tanner, an attorney representing Preserve Flagler Beach and Beulah Creek Inc., told the Flagler Beach City Commission during public comment that a January ordinance amendment removed a citizen referendum that had allowed voters to approve annexations exceeding 5% of county acreage. Tanner said members of his organization first learned of the change while the annexation process for Veranda Bay was underway and that published legal notice did not make clear the removal of the referendum right.
Tanner said his group views the change as a loss of citizen voting rights for certain large annexations and described the timing between the ordinance first reading, notice and final reading as compressed. He asked the commission to consider amending the ordinance to restore the prior referendum provision for annexations over the 5% threshold.
City response and staff explanation: A city representative explained that state law requires subject‑matter publication and that the city publishes notice before the second reading for statutes of this type; staff said notice before the first reading is required only in certain land‑use matters. Commissioners and counsel clarified the contested ordinance reading occurred in January 2024, not that month. The city attorney later suggested preparing an ordinance to ratify or return to the prior language to cure any lingering notice concerns and give the public a full opportunity to comment; the council signaled consensus to consider drafting that ordinance for future meetings.
Water funding question: Tanner also raised a separate concern about a state funding request—he said the county applied for roughly $22 million in well assistance for new wells, including a Veranda Bay well, and that critics worry taxpayer funds would help a private developer; Tanner said the figure to help the developer was in the approximate range of $1 million but did not provide a citation. The city did not adopt any action on the annexation ordinance at the Feb. 27 meeting; city counsel recommended an option to bring a ratification or restorative ordinance to a future meeting to resolve notice questions.
Ending: Commissioners did not vote on an amendment at the Feb. 27 session; staff proposed drafting an ordinance that would either ratify the existing ordinance or restore the earlier voting provision so the issue can be decided on the record.
