Fred Griffith, Flagler Beach’s city engineer since 2017, tendered what amounted to a resignation on Thursday, saying he was “announcing my impending retirement under duress.”
Griffith was planning not to work anymore until his official retirement date of Jan. 22, using two personal days and vacation time between Dec. 14 and Jan. 22.
Griffith, who was not infrequently at odds with residents and has drawn his share of emails to commissioners or the city manager, complaining about his style, had been reprimanded with his second “verbal warning” in 10 days (in writing) not long before he wrote his retirement memo to Rick McFadden, the acting city manager. The reprimand followed a Nov. 23 complaint by Commissioner Rick Belhumeur that Griffith had treated him with “contempt” as Belhumeur was conducting business with a building department official.
Both issues involved retention pond regulations.
Griffith had also received a “verbal warning” from McFadden on Dec. 1 after Griffith’s “lack of professionalism dealing with the public,” in McFadden’s words. “This has been an ongoing concern,” McFadden told him in his verbal warning, conveyed in writing. McFadden, who referred to previous, similar issues, recommended that Griffith seek out a workplace etiquette class and warned him that “this behavior could lead to termination if there were not a significant improvement demonstrated.”
On Nov. 23, Belhumeur, who since 2016 has built 11 houses as investment properties, all but one in Flagler Beach, had called Griffith to discuss a site plan he’d submitted as part of a building application. He was looking to remove an on-site retention area that Griffith had required. According to the existing land development code, Belhumeur wrote in his email to the acting city manager, the retention pond could not be required in that case. The determination had been confirmed by Drew Smith, the city attorney.
“As I have stated before on this question,” Smith wrote Griffith on Nov. 19, “the only way I can read the Code is to read it to mean that single family and duplex development is exempt from the Stormwater Plan requirements. The rules of statutory construction require to us to give meaning to every word unless it is logically impossible to do so. While the result may not be preferred, the only logical reading of those Sections is that single family and duplex were intended to be exempted from the Stormwater Plan requirement. So, they do not have to submit a plan and anything required to be reviewed as part of the plan review is not required as a Code mandate.” That did not necessarily eliminate a case-by-case requirement of a stormwater pond, the attorney determined. “In those cases, though, there have to be specific site conditions that warrant the requirement. We cannot, based on these Sections simply say ‘because the Code says so.'” (There have been efforts to amend the code. So far the efforts have been unsuccessful.)
Griffith eventually referred Belhumeur to Lee Richards, who was handling the site plan reviews.
“Lee was very accommodating and I had my direction as to what was needed to submit a revised site plan,” Belhumeur wrote in his email to McFadden. “We completed our conversation and before the phones disconnected, I heard Fred in the background say ‘you’re special, you don’t have to do that’ apparently implying that, as a Commissioner, I was circumventing the system.” In a brief interview today Belhumeur said Griffith apparently was not aware that the line had not gone dead. Belhumeur said he heard distinct sarcasm in Griffith’s tone.
“I have never expected preferential treatment because of my position, and I never will,” Belhumeur wrote. “In fact, I expect that everyone’s interactions with staff would be 100% consistent and that anyone else wishing to omit on-site retention from site plans for residential properties be afforded the same courtesy that I received from Lee Richards but not be disrespected as I was by Fred Griffith.”
Griffith said in an email he would be willing to speak, but not today, as he was scheduled to be on vacation from Dec. 14 to Jan. 22. The late Larry Newsom, who was the city manager at the time, hired Griffith in January 2017. His current base salary is $85,500 a year. The city won;t be without engineering services in his absence. It has a “Continuing Engineering Services Contract” with Mead Hunt (formerly Quentin Hampton). The contract is effective until March 2023.
The issues with Griffith are not new. In February, he was in charge of overseeing a project to build swales, with money from the St. Johns River Water Management District. The $500,000 project caused a rebellion among residents affected. They questioned the seemingly arbitrary mapping of the swales and the project’s development with little prior input from property owners, and seemingly little city interest in hearing grievances. Griffith held a meeting to hear the grievances, only to be reprimanded at least twice by residents for the caustic way he was addressing them.
“You won’t have any trouble finding people that had issues with Fred,” Belhumeur said today.
In mid-August, for example, Rich Smith, president of Hammock Communities, complained to the city manager that Griffith had assessed his property on South 10th Street $1,000 in additional water and sewer connection fees after the city had already collected over $1,500 in such fees. Griffith had done so “”with no invoice or quantifiable justification. Not even the courtesy of an explanation or a phone call,” Smith wrote. Griffith then suspended the building permit on the property. “These strong armed tactics are absurd and we demand the suspension be lifted until which time these fees assessed to our permit can be properly vetted. Any cost associated with delays in the project as a result of the suspension will be charged to the City of Flagler Beach.” In a separate email to FlaglerLive, Smith said: “The City Engineer is causing permanent damage to our destination living community with his irresponsible management and illegal actions.”
Another resident who had asked that no identity be revealed for fear of retaliation had written FlaglerLive in January about Griffith: “It’s time to investigate this man. He has harassed several residents for over a year, costing thousands of additional funds. It shouldn’t take over a year to simply put in landscaping.”
The Flagler Beach ordinance in question:
Sec. 5.05.02. – Prohibitions and exemptions.
Section 5.05.02.1 Prohibitions.
No person may develop or make any change in the use of land or construct a structure or change the size of a structure, except as exempted herein, without submission and approval of a stormwater management plan as provided herein. For the purpose of this section, the development may potentially alter or disrupt existing stormwater runoff patterns, and as such, will, unless exempted below, require submission and approval of a stormwater management plan prior to the commencement of construction, includes, but is not limited to:
- Clearing and/or drainage of land as an adjunct to construction.
- Clearing and/or draining of nonagricultural land for agricultural purposes.
- Converting agricultural lands to nonagricultural uses.
- Subdividing land.
- Replatting recorded subdivisions and the development of recorded and unrecorded subdivisions.
- Changing the use of land and/or the construction of a structure or a change in the size of one or more structures.
- Altering the shoreline or bank of any surface water body.
- The permanent (long period) lowering of the water table.
- Addition of impervious or semi-impervious area.
Section 5.05.02.2 Exemptions.
The following activities shall be exempt from this section unless as hereinafter required by the land development regulations:
- Single-family and duplex residence and accessory structures except for the Mirror Lake Watershed Overlay District.
- Any maintenance, alteration, renewal, use or improvement to an existing structure not changing or affecting rate or volume of stormwater runoff.
- Bona fide agricultural zoning classifications, including forestry, except where an artificial drainage system will be used to increase the flow of surface water from the applicant’s land.
- Maintenance work performed on existing drainage canals for the purpose of public health and welfare.
- Maintenance work on utility or transportation systems, provided such maintenance work does not alter the purpose and intent of the drainage system as constructed.
(Ord. No. 2005-07, § 1, 4-28-05; Ord. No. 2007-12, § 6, 6-14-07)
Dennis C Rathsam says
Out with the old… in with the new…U rock the boat…C-YA! Hmmmmm Sounds like Palm Coast city hall.
Fredrick says
If this is the guy responsible for the disaster “swale work” done in front of my house and the water issues I now have because of this “swale work”…. I say good riddance. Now my entire yard floods with a moderate rain, Thanks Fred…..g
FB Neighbor says
I agree, but his “buddy” Belhumeur voted for his recommendations. I bet he does not have a swale in his front yard and a torn up irrigation system. Both are arrogant.
PJ says
As usual. The City Manager does a bad job. Can’t deal with some bully Commissioner so let’s fire a Director.
These Commissioners think they have a right of passage.
You had an excellent experienced civil engineer and you kicked him to the curb because you the interim City Manager that shouldn’t be in that position can’t manage.
Belhumeur you took advantage of your power as a Commissioner you should be ashamed of yourself and resign.
It’s the City Manager that should be managing employees this guy you have running your is is not a manager. Just a long term example a what working for government looks like when they really have to manage things. They just can’t!
BMW says
I’m on the fence with this one. Yes, with Fred out of the picture we are another step forward in cleaning up our City government. However, kudos to Fred for showing concern about drainage after the two-years we had with water draining from the new house built next to us. The builder brought in truck load, after truck load, after truck load of dirt. We were not able to take our car out of the garage when it rained for the two-years Fred and Larry took to rectify the situation. Seriously, the water drained like a creek into the alley and would accumulate 6 – 8 inches deep during an average rain. Let’s hire a professional engineer AND make sure homeowner’s are protected when their neighbor’s construct new homes.
Bob from FB says
Such a shame. Fred is a great engineer. Unfortunately the interim manager doesn’t appreciate staff.
Dottie's In The Garden says
Well that sounds like a cozy relation the City Attorney looking out after the builder commissioner who has a problem with the City Employee. It is Florida though. The word around town is the commissioner doesn’t walk on water either.
Doc says
Does this mean I can now fight Fred’s requirements that he has put on my new house being built a 50’x 25 retention pond . I pay taxes for unused land . Plus this man doesn’t have any people skills . No big lost
Wow says
Really? I don’t like your tone of voice? What a bunch of babies. Flagler Beach needs to pay MORE attention to drainage, not less.
Tired says
Good riddance! I don’t understand how anyone that has had any dealings with Fred could believe he was even a mediocre engineer.
Dee Daily says
The entire drainage system needs to be looked at with the intention of not flooding our homes every time it rains. Builders are profiting from our problem. This flooding is impacting residents who have called this town home for over 20 years! But NO ONE, cares! It’s getting worse with all of the new construction! It’s up to the commissioners to make it right, not make a profit!
Paul Harrington says
He is just an old tool in the box. What we really need is new rules and a different mechanic. If putting in a retention pond is the best your engineer can do, get a new one. There are more practical applications. Seasons Greetings
Keep Flagler Beautiful says
Why do I get the feeling that the foxes are guarding the henhouse? We taxpayers are bankrolling very good salaries for city employees who seem to spend an inordinate amount of time looking after their own investment properties. It feels uncomfortable to me.
Concerned Citizen says
What do you expect from a Comissioner who runs over cyclists drunk? No we haven’t forgotten how you skated thru that DUI thru the Good Ol Boy Network. Anyone else would have gone to jail that night. But not Teflon Belhumeur. So I call BS on “Preferrential Treatment”
Running over City/County Employees pales in comparison to that.
The drama and serious issues that continue to surround this small town BOCC are laughable at best. Yet the fine citizens of Fagler Beach continue to re-elect the same. Yet hoping for different.
Something to think about next election year.
BMW says
I don’t always agree with Belhumeur, but, he was not intoxicated when he ran into and “not over” the bicyclist. I was there, you obviously were not. The police went through the standard protocol in determining if he was intoxicated and that really should be the end of the story. But, noooooo, the false rumor continues to spread.
Rick Belhumeur says
Some people hold grudges and exaggerate the truth. This accident investigation was done by the County Sheriffs Department to avoid any appearance of favoritism or conflicts if the City Police had handled it. Mr Sharpe has been compensated for his injuries and medical bills and I wish him well. I don’t know who BMW is, but I want to thank you for your comments.
Concerned Citizen says
@BMW
As a former LEO who lost a girlfriend that was hit by a drunk driver. One drink is One to many. Whether or not you are “legally drunk” is a matter for the court to decide. If you drink don’t drive. It’s very simple. It’s a choice not a mistake and a poor one at that. The body cam footage was available for public viewing.
Had that been anyone else telling a Deputy that we had had a drink on the way home after “running into” and “not over” we would have been arrested on the spot. You know that just as well as I do.
But I applaud you for sticking up for your buddy.
BMW says
He’s not my buddy in anyway shape or manner. But, that is not the point. I was there, he was not intoxicated and as awful as any drunk driving accident is, we can’t assume to know what happened if not personally privy. It’s frightening to think we as a country tend to demonize using assumptions and cast judgement with such unwarranted and broad strokes.
BuildBackBetter says
$85k per year to deal with that BS, hell no. Most of these know-it-alls wouldn’t even be able to get through basic engineering classes. Many want better stormwater management, but then refuse to provide any storage/conveyance. If the system isn’t working properly, perhaps the commission should revisit the issue and require stormwater management on a single lot basis.
Ramone says
A couple things that jump off the page for me on this issue:
The first, if the city attorney has interpreted the code completely exempts single family and duplex construction from having to provide any measures to protect adjacent properties from unnatural run off, the code should be changed immediately. Irreparable damage can certainly occur if these homes are allowed to be built and the site’s not being designed to prevent the flooding of neighboring properties. Further, it should be noted that the staff is paid to interpret the code and they work for the city manager. The attorney works for the Council and provides his opinion, but the ultimate decision should be with the city manager. The city attorney should not be using his interpretation to get a staff member to change his decision.
Secondly, I think the Council is getting too involved in the day to day matters of the City. They should not be approaching the employees directly about city matters. They should always go through the City Manager. It’s very hard on staff to have Commissioners approaching them directly about code matters. This shouldn’t be happening. This could intimidate staff and prevent them from enforcing the code and fulfilling their duties.
My two cents…
Paul Harrington says
Famine, you have a point. The past City Manager said a few times that he could not do his job with Commissioners going behind his back. He said one commissioner would often call him at late hours to ask for favors.
If that’s good for one do we all get the same benefit. Few more cents on the subject, we are the taxpayers after all.
newbie to Flagler Beach says
We recently built a home in Flagler Beach. We love the town!. I do have have to say that Fred was not the most friendly person I have ever met. However, there is merit in his desire to not have the construction of a new home flood out their neighbors. Since when is that a nice thing to do? While I agree, technically, with the city attorney, that the ordinance does not apply, I disagree that someone building a new home shouldn’t do something to ensure that their neighbors’ lots retain their use and attractiveness. The city only required a swale at the street on our project. When we looked at the drainage of rainwater off our house and onto our neighbor’s yard, we quickly and easily decided that we needed to put in a retaining wall to keep in the built-up fill the builder brought in and add rain gutters and downspouts directed to our swale. It was the right thing to do. It cost us several thousand dollars; however, we live by the golden rule. What ever happened to that? I am disgusted by someone’s desire to take profit over putting in adequate (although not required by law) drainage. People with that attitude should be voted off the city council.
RMS says
A licensed professional engineer abides by a code of ethics to safeguard public health, safety, and welfare above all other concerns. While codes and courts may allow the legal overruling of the findings of an Engineer, that does not circumvent or relieve the Engineer from making recommendations that he perceives to be in the best interest of the public. Regretfully, while the court of public opinion may not always like or approve of an Engineer’s recommendations, licensed Professional Engineers are compelled to do what they perceive to be in the best interest of the public as a whole without regard to an individual’s position, power, or influence. Obviously, Mr. Griffith was no politician. However, I personally know Fred to be a person of the highest integrity and moral character. Furthermore, he is without a doubt the smartest Engineer I have ever known during my decades of practice in the profession.