- February 17, 2026
Flagler County and the city of Flagler Beach continued negotiations Feb. 13 over the Summertown development, working to resolve disagreements that could otherwise lead to a lawsuit. The meeting was held at the Government Services Building, where county and city officials met to work through the dispute.
The conflict began after Flagler Beach approved annexation and land use changes for the 500-acre Summertown project in January. Flagler County later raised concerns that parts of the approval conflicted with comprehensive plan policies and previous agreements.
The county identified five areas of concern: reclaimed water service, floodplain protection, residential density in a coastal high hazard area, traffic impacts on John Anderson Highway and long-term road maintenance funding.
Under state law, local governments must attempt a formal conflict resolution process before filing a lawsuit against another government. To allow negotiations to continue, the county and city signed a tolling agreement that pauses legal deadlines while discussions move forward.
During the Feb. 13 session, officials reported that four of the five issues have now been resolved in principle, pending final approval from both governing boards. The only remaining issue involves about 153 acres of floodplain on Bulow Creek.
County officials want to ensure that land remains protected from development, even if a potential sale of the property does not happen.
County Attorney Michael Rodriguez said the county is seeking assurances that the floodplain will not be built on if a purchase agreement falls through.
“Our main concern is that if the deal falls through, what protections remain in place?” Rodriguez said during the meeting.
Developer Ken Belshe of Sunbelt Land Management said the developer has already agreed to sell the floodplain land at fair market value but does not support adding new conditions beyond what was previously negotiated.
“We had an agreement,” Belshe said. “We all shook hands when that was done. Now we’re retrading the deal again. I don’t think that’s fair.”
Belshe said he has repeatedly stated that he is willing to sell the land.
“I’ve said many times we’re a willing seller of the property and I’d rather sell it than develop it,” Belshe said. “But I can’t give it to you.”
Developer attorney Michael Chiumento also opposed reopening portions of the development agreement.
“The answer is no,” Chiumento said regarding adding new requirements. “We are not opening up the PUD again. We will enter into the agreement that was negotiated.”
County officials stressed that they are not trying to stop the project but want stronger protections for the floodplain.
“We don’t want to kill the deal,” Flagler County Administrator Heidi Petito said. “We’re just looking to strengthen the language.”
With four of the five issues resolved, both sides said progress has been made. However, the floodplain question remains unsettled.
Any final agreement must be approved by both the Flagler County Commission and the Flagler Beach City Commission before becoming official. Leaders from both governments said they prefer a negotiated solution rather than going to court, but further discussions will be needed before the Summertown dispute is fully resolved.
