- February 6, 2026
Flagler Beach is on board to avoid a lawsuit with Flagler County over the Summertown development.
The Flagler Beach City Commission met for a quick 10-minute special meeting on Feb. 5 to unanimously approve a tolling agreement with Flagler County. The tolling agreement will essentially allow the two parties to begin the state-mandated conflict resolution process without Flagler County needing to file a lawsuit first.
“All this agreement does is it allows us to move through that process without the county feeling like they have to file suit first in order to not lose their ability to file suit later,” City Attorney Drew Smith said. “So it really changes nothing about the process itself.”
Summertown is one of two major developments that has been undergoing the annexation process into Flagler Beach from unincorporated Flagler County. The 500-acre development lies along the west side of John Anderson Highway and would add 1,600 residential units, a hotel and a commercial area.
Flagler County has cited five items in the development that may conflict with Flagler Beach and Flagler County’s comprehensive plans. The five specific items of conflict outlined by the county in regards to Summertown are over a reclaimed water facility to service the development, protecting floodplains, and three areas of potential impact to John Anderson Highway.
State law requires that before one local government can file a lawsuit against another local government, it is required to enter a conflict resolution process to hopefully avoid a lawsuit. The moment City Attorney Michael Rodriguez would file the dispute against Flagler Beach, it would trigger that process, “freezing” the dispute lawsuit while the two parties mediated.
Typically, the county would only have 30 days after Flagler Beach approved the rezoning and land use application of the Summertown development. That occurred on Jan. 8, and the deadline to file is Feb. 9.
The tolling agreement between the two parties means that, should they reach an impasse, Flagler County retains the right to file a lawsuit to move the dispute resolution process through the courts, despite the passed deadline. If the parties do declare an impasse, the tolling agreement continues for 20 days, and the county can file its lawsuit.
The dispute resolution does not change that the development has been annexed into Flagler Beach, it only addresses items the county says are at odds with both parties' comprehensive plans.
The Flagler Beach commissioners were all in attendance at the Jan. 28 Flagler County meeting, which outlined the county’s issues with the Summertown development.
The reclaimed water issue could be resolved at the first meeting. According to the Jan. 28 meeting and the document sent to Flagler Beach, the county wants to ensure reclaimed water will be provided to the project as there is no requirement to build a reclaimed water facility for the development’s service area.
“What they’re really looking for is a commitment,” Smith said.
Smith said in the meeting next week he and City Manager Dale Martin can give that commitment.
“Whether it's in the city or not in the city, that development is going to have reclaimed water,” he said.
The first meeting between the city and Flagler County to discuss the issues outlined in the conflict resolution will be held at 1 p.m. on Friday, Feb. 13, at the Flagler County Government Services Complex. It will be held in Building 2 in the third floor Administration Conference Room.
Smith said he’s optimistic that he and the other parties will be able to either narrow the issues or come up with solutions.
“Anything that comes out of it that would come before the boards,” Smith said, “if there is a potential resolution that would come before the boards for ratification.”
Commissioner Scott Spradley said he believes the tolling agreement is the way to go.
“It's one of those issues where we're left with a couple of unsatisfactory options,” Spradley said. “But to me, this agreement is the better of the unsatisfactory options, just from a legal perspective, and also practically.”
Summertown is the sister development to Veranda Bay, which has received the first of two approvals from Flagler Beach in January. Flagler County has indicated it may have concerns with Veranda Bay, as well as Summertown, but the county can not file a dispute until after the Veranda Bay development is approved by Flagler Beach.
Flagler Beach is set to vote on Veranda Bay's annexation, rezoning and land use agreements in February.
The meeting is between the Flagler Beach and Flagler County attorneys, Martin and County Administrator Heidi Petito. It is open to the public to attend.
