With 11 property owners still holding out, Flagler County’s 15-year plan to rebuild 2.6 miles of dunes in Flagler Beach may come down to an Aug. 19 verdict by the U.S. Army Corps of Engineers.
The corps could tell the county then that despite the $25 million Flagler has secured, despite easements signed by property owners for 128 parcels forming the length of the project, despite the fortification of the beach and the protection of State Road A1A behind it and the line of homes and businesses on the west side of the road that a stronger dune system would create, the refusal of just 11 more property owners to sign easements would create too many gaps in the new dune system, undermining the purpose of the whole project–and killing it.
The corps could also take a more magnanimous view. The county has been securing additional easements, albeit at a painfully slow pace. All but three of the remaining property owners are represented by an attorney, pre-empting direct contact between the county and the property owners, though Flagler Beach residents have been serving as proxy lobbyists. Six easements have been secured since the county first submitted its certification, which may give the corps a sense that, this late in the process, and with $17 million in federal funds invested–and a potential 50-year, $100 million timeline for the project–too much is at stake to turn back just yet.
Nevertheless, the corps has already given what amounts to a few extensions. According to a December 2018 Corps and county timeline, the easements should have been secured by early 2020. The corps’ next deadline was March 25. The coronavirus emergency intervened. The corps offered an extension. The Corps was to open bids in April, start construction in May and have the project completed, after dredging some 330,000 cubic yards of sand from a borrow pit offshore, by early October. All of that has been pushed off to less determined dates: without the easements, the corps will not proceed.
“We’ve continued to secure easements, we’ve gotten three additional easements since the last time we met,” County Attorney Al Hadeed told county commissioners earlier this week. The three easements belonged to two owners represented by John LeRoux, a Clearwater attorney.
“Those were the products of individual Flagler Beach residents and officials reaching out and speaking to them, and in particular identifying from them concerns that they had about the project and about the easement documents that they were to sign,” Hadeed said, “and carrying those questions to us. We provided responses in writing, we provided exhibits and input form our professional staff, and they were satisfied based on those explanations to give them the confidence to go forward and sign those easements. So that effort is continuing. We do have some additional concerns that need to be addressed and we are working on those now in conjunction with our partners.”
Other potential easements are in the works. “That has given the Army Corps some confidence in our continuing ability, and we’re going to continue to secure those easements,” Hadeed said. “We’ll know where we are Aug. 19 and we’ll figure out what the next steps are with the Corps. Hopefully we’ll persuade them not to terminate the project, so we’ll be going full bore between now and then to try to secure the remaining outstanding easements.”
Jane Gentile-Youd, a Plantation Bay resident and former county commission candidate who is not fond of Hadeed, told commissioners she’d been contacted by one of the hold-outs, who told her that if Hadeed were to apologize to him, he’d sign. The issue goes back to a time last May when Tax Collector Suzanne Johnston, a staffer, Hadeed and Police Chief Matt Doughney walked along the project line’s properties and Johnston knocked on some of the doors of the hold-outs. The man was upset by her allegedly not wearing a mask or not social-distancing properly, and though Hadeed answered some questions, away from the person;s property, the man was upset with Hadeed, too. It’s not clear if that easement is being secured.
“Our intent was not for owners to be harassed nor vilified, but there’s a right on the part of everyone to know who is signing and who is not,” Hadeed said, referring to a county webpage that’s kept a tally of the hold-outs, by name. It’s public information. But property owners and their attorney see it as harassment.
In continuing efforts to get easements, the county is again pressing the point that homeowners are getting what Hadeed describes as a “very substantial material benefit” in new dunes–in place of non-existent dunes right now–, and the right to build walk-overs. That right has a caveat: existing homeowners have learned that if they don’t sign an easement, Flagler Beach will not permit them to build a walk-over, “because the city separately has determined that it is inconsistent with their comprehensive plan and their beach management plan to allow a person to build a walkover on a dune remnant, where a dune is not fortified, where the dune is not restored.”
Property owners see the maneuver as extortionist. The county, which is ostensibly not involved in city rules, sees the signing of easements as ensuring short and long-term advantages for the property owners and for the surrounding community.
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Tj Worthington says
Please wake up! This is very necessary for everyone who live in the area! There is a lot of money that will be lost! Don’t waste our money as it is we will lose millions.
Michelle says
It’s just selfish.
Duncan says
Holdouts see the county as extortionist? Sounds like tit for tat to me.
For the holdout that was offended by Hadeed; get over it. Your wounded pride should be less important to you your property. (and certainly is to all the property owners that will benefit from the project).
For those holding out for cash; I’m sure you’ll get exactly what you deserve…nothing. I hope your property is the first to washout to sea.
Larry Newsome’s PR Guy says
Screw them. Let the road fall onto the beach. If they cannot see the value of that, then they cannot be convinced.
Jimbo99 says
Hey you, yeah you, the 12 holdouts, stop being the wrench in the machine of saving your property values. Get on board with team USA for the big win. The Federal Government taxed the rest of us to do this when it needed to be done.
Willy Boy says
They just cranked up beach nourishment on Holmes Beach, another million cubic yards. They’ve put 6 million on the beaches there since 1992. There have always been holdouts. The sand comes and goes. Some residents even put up stanchions and chain on their property to the mean high tide line. Six different projects over the years. Depending on the borrow site you might get some nice sand, other times it looks like they dredged up a reef and there is a bunch of broken shell and coral.
Same story on both coasts. East coast has the additional anomaly of new sand washing out and creating sandbars that often create worse riptides. There’s nothing like a big, wide, sandy beach, Draws tourists like flies. Protects the infrastructure. I love it. Keep on pumping, and let future generations pay for it.
Greg says
I would hope the Corp just walks away. I would not waste any more time with these property owners. The next step is a wall to protect A1A. Then they will be happy.
Unbelievable says
Maybe Al Hadeed should have spent his expertise and time working on this, rather than spending all his time trying to get the best deal he could for Captain’s BBQ. I still can’t believe that Hadeed brought that last mediation proposal in front of The Commissioners.
John Stove says
If the holdouts remain….and the project is abandoned…..
As an adjacent property owner( who did sign and realized the property projection benefits of the project)…..I would sue them in civil court if after a future storm my property was impacted. The non-signing property owners have been made aware of a potential remedy and they are choosing by their actions to allow impacts on others…..negligence and liability.
Flagler could not be sued as they tried to get consensus but in the end, the holdouts will be liable.
Jimmy says
Can we hire attorneys to sue the 12 holdouts when unimaginable damage occurs to the beach and they were the reason for it….?
Only Me says
Grow up an act like adults and do what is best for Flagler Beach.
Richard says
These property owners may “see” the maneuver as extortionist but I see the property owners as people attempting to blackmail the county. If the project fails I just may have “beachfront” property one day while living on S Daytona Ave. LOL
marlee says
Come on, what’s the real reason they are holding this up….$$$$$…is always the bottomline.
Don Davis says
Gee whiz folks, just sign the easement for the good of all.
Hector says
Why not invoke eminent domain. They want to hold out then just take the easement. Then they lose the beach access too. Might cost some cash but worth it in the long run.
deb says
Heck with the project , they will instead build a seawall. Maybe the other owners that signed should sue the non-signers, Its America you can sue for anything.
Steve says
I saw it when I resided in Flagler Cty. Selfish self centerednice to the point of ignorance. AIA is a lost cause. There is no fury like that of a women scorned. Mother Nature. No signatureon a paper or replacement of sediment will stop her.
Al Hadeed says
This post by “Unbelievable” is off topic and misleading. “Unbelievable” is a person who does not have the guts to use their name, yet puts me in a false light. The public record clearly shows that the mediation proposal was from Captain’s BBQ. The County Administrator and I recommended against the restaurant’s proposed deal and the County Commission agreed unanimously to reject it.
As for the level of effort on the Dunes Project, those working on it professionally and in a volunteer capacity should be lauded for their sustained commitment. This includes the homeowners and businesses of Flagler Beach who have signed the required easements or have urged their neighbors to do so. Credit should also be extended to the consistent support of the Flagler County Commission and the Flagler Beach Commission, and of our partners in the state and federal government which have pledged to pay for the entire project.
We also are pleased to have the editorial support of the News Journal in pursuit of the project. https://www.news-journalonline.com/opinion/20200806/saving-flagler-dunes–our-viewquick-takes
CB from PC says
Has anyone criticizing the holdouts visited NC Highway 12 in Kitty Hawk, Nags Head, or Hatteras Island?
NC DOT finally accepted the fact that keeping the highway open on the “S” curves north of Rodanthe was untenable.
Billie says
Please sign the easements.
Much appreciated!
Lance Carroll says
One thing I do agree with in Mr. Hadeed’s response, people should post their names. More so, FlaglerLive should require that. As far as the stated response by Mr.Hadeed: “a person that does not have the guts to use their name,” well stated. In turn, I believe the said project is a waste of time and money. The ocean will take and replenish the sands as it does.
Respectfully submitted,
Lance Carroll
Muchelle says
Wonder what all your responses are now? Still think the ocean can take and replenish? How you like having your residential roads turned into the new A1A? Fraught with speeders and stop
Sign runners. Should of supported the project.