The Flagler County Commission this evening unanimously approved a settlement with Captain’s BBQ, ending the restaurant’s breach-of-contract lawsuit against the county. The settlement would, in Commissioner Leann Pennington’s words, “stop the insanity.” The county administration’s attempts to happy-face the settlement notwithstanding, it is now clear, by the commissioners’ own assessments, that the county would have lost had the case gone to trial, and that accepting a costly, and in some ways humiliating, settlement, was the county’s only choice.
Flagler County Commission
Commissioners Keep Haywood on Planning Board But Boot Davies Off Contractor Review Panel
The Flagler County Commission in a pair of 4-1 votes this afternoon agreed to keep Heather Haywood as a member of the county’s planning board, but boot off Jeff Davies from the Contractor Review Board on nationalistic grounds: he is not an American citizen, and thereby not a registered voter.
County Not Yet Stoked for Skate Park Improvements But Approves 4 Pickleball Courts at Wadsworth Park
Wadsworth Park, the 45-acre county facility on the mainland side of the Flagler Beach bridge, will soon see a tennis court converted to four pickleball courts, but county commissioners are not ready to approve a plan to renovate the skateboarding park: the county administration is proposing a band aid, while users of the park are advocating for a more ambitious, but also more permanent, renovation.
In Settlement, Flagler County Will Pay Captain’s BBQ $800,000 and Allow New, 5,000 Sq. Ft. Restaurant at Bing’s Landing
Four years after Captain’s BBQ sued Flagler County government in a breach of contract claim, a negotiated settlement calls for the county to pay Captain’s $800,000, and clear the way for a new, 5,000 square foot restaurant at the county park. For Flagler County taxpayers, the dispute with Captain’s, just entering its fifth year, will have cost close to $1 million, when the county’s attorneys’ fees are included. The settlement is a huge victory for Captain’s.
When Even Ed Danko Is Right
Ed Danko is right to resist Mayor David Alfin’s proposal to have all council members sign “Code of Conduct,” including a pledge of civility. It is not an elected board’s place collectively to regulate or codify its members’ behavior, or government’s place to force pledges of any kind on anyone.
Ormond Beach Sues Flagler County Over Easement, and Threatens to Cut Off Water to Hunter’s Ridge
The City of Ormond Beach is suing Flagler County government and a developer in the Hunter’s Ridge subdivision at the south end of the county, claiming that Flagler and the developer entered into an illegal agreement ceding an easement to the county that crosses a conservation area belonging to the city. Flagler County’s denials aside, Ormond Beach fears–and is convinced–that the county will one day use the 60-foot-wide easement to build a paved road.
Public-Notice Misstep Delays County Commission’s Decision on Captain’s BBQ Settlement to Nov. 20
The Flagler County Commission held a two-hour closed-door session this afternoon to discuss a potential settlement in Captain’s BBQ’s four-year-old lawsuit against the county. What was to be a special meeting following the closed session was postponed because it was not properly noticed. So commissioners could not reach consensus, make motions or take a vote.
Captain’s BBQ and Flagler County Reach Tentative Settlement in Lawsuit Entering 5th Year
Captain’s BBQ and its landlord, Flagler County government, have reached a “tentative settlement” in Captain’s breach-of-contract lawsuit against the county, now entering its fifth year. The settlement was reached at an Oct. 27 mediation. But it’s not over. The County Commission must approve it, and will discuss it in a closed-door session next week. A previous proposed settlement, in 2020, failed.
Heather Haywood Is Homesteaded in Volusia But Serves on Flagler’s Planning Board. A Commissioner Questions That.
The Flagler County Commission is giving Realtor Heather Haywood, who the commission appointed to the county planning board in February 2022, 30 days to drop her homestead exemption in Volusia County or appear before the commission for another vote on her eligibility for the planning board. But for the homestead record, there appears to be little question that Haywood is a Flagler County resident.
Flagler County Tried to Evict a Tenant at the Airport. Jury Called It Retaliation and a Violation of 1st Amendment.
Flagler County Airport Director Roy Sieger sent Les Abend an eviction notice regarding the hangar Abend had leased for over four years. A two-day trial resulted in a verdict against the county, with a jury finding that the county was retaliating against Abend, a former member of the county’s airport advisory board, for his criticism of Sieger. An eviction case turned into a rare First Amendment case in County Court. Abend will get to keep the hangar.