Good. All right. >> Uh, no. We're going to call the meeting and then it'll get going. All right. Today is J February 17th and I'm going to call the city council meeting to order. All right. Up first, we're going to do our invocation by my dear friend
and one and only Pastor David J. Butler, Faith Assembly Christian Church. Thanks for being here. >> Thank you, Mr. Mayor. Would you bow your heads with me, please? Dear heavenly father, your word declares that unless the Lord builds the house, they labor in
vain who build it. Unless the Lord watches over the city, the watchman stays awake in vain. This evening, we invite you to be the Lord again over the city of destiny. Build our community with wisdom, unity, and compassion.
Watch over our beautiful people, our families, our children, and our leaders. We thank you for our strong military presence, our veterans and those who protect our freedoms, our law enforcement who serve with courage, our
medical professionals who bring healing and comfort. Our churches who stand as lights of hope and our schools that shape the future of our city. Grant this council, discernment, integrity, and hearts that seek the good of all. May
peace rest upon destin and may your favor guide every decision made tonight. We humbly ask this as we speak your blessing found in Numbers chapter 6. Now may the Lord bless you and keep you. May his face shine upon you and be gracious
to you. May he turn his face towards you and give you his peace. Amen. >> Amen. >> Thank you so much for that. Councilwoman Aber with the pledge, please. >> Please join me with your hand over your heart. I pledge algiance to the flag of the United States of America and to the
republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> Thank you, Mayor Prom. [laughter] >> All right. And thank you all for being here tonight. I guess the food kept everyone around, so that's awesome.
Whatever it takes for attendance, right? All right. With that, uh, we'll get into the agenda approval. Is there anything that needs to be changed, modified, or updated? >> I'll make a motion to approve the agenda. >> Hold on. We have a couple changes. >> Okay. >> Oh, I'd like to request that we could
move 4J um up to the top after the consent agenda. Okay. After consent. Okay. Sure. >> Okay. And then uh I have two items to add. The first is an update on the state park at Holiday Isisle to be added under
city manager reports. Um that can be the last if you want. >> Okay. >> And then another item under city attorney reports. This is a call for a second an additional executive session. This will be in the case of Carissa Harbarger, Rainbow Frost Ice Cream,
Ronald Ellison, and William Ellison versus City of Destin. And I'll give further details on that under my reports as well. >> Okay. >> Thank you, Mayor. >> Yep. Anyone else? All right. Seeing none, can I take a motion at this time? >> I'll make a motion to approve with changes. Thank you, ma'am. Any second?
>> A second from Councilman Dustin. Any discussions? Seeing none, we'll call the vote >> and then if we can get the screen up, make sure I'm on the right one here. >> All right. >> I vote yes.
There you go. There he goes. All right. Eyes have it. So moved forward zero on the updated agenda. Uh with that we'll go into proclamations and we'll start with 1A the work plan city manager or is that public works public safety? Is
that oh commission? H sorry chairman. I'm sorry you standing right in front of me. >> All right. >> Thank you for being here chairman Wood. Well, thank you uh mayor and council for letting me come up tonight and talk about our public works of public safety committee. So before I go on, I have one of my members, Andrea Anley is in the
audience here and a special shout out to Mr. Joe Bod who I've been working with for almost 20 years on committees. Bless your own. So we have a special relationship. Whether that's good or bad, we'll see. So uh first I want to talk about my results from my 2025 plan.
Uh not an exciting year. We spent about $89,000. I think my report said 61. That was the 61 was the airport uh commons crossings for the linear park or linear trail, excuse me. And the other were three uh rapid flashing beacons that are
are installed. Two on Holiday and one at Beach and Mountain. And though, but those were encumbered under FY25 funds. So during the year, we got our new property maintenance code was adopted. All of our members completed our area reviews. Uh we made all of our
recommendations for things like road resurfacing, road striping, sidewalks. Uh we spent a lot of the year talking about ebikes. We're not done yet. Uh but the county did have that countywide form on the 1 of October of last year. And coming out of that, uh, one of our
adjacent city managers, uh, volunteered to write the ordinance template, which has now been passed in one form or another in the city of Crest View and the city of Niceville. The one from Niceville is in the building here someplace being looked at. That's the one that my committee has now
recommended to go forward. So, whatever speed that moves at, we'll see how it goes. Uh, just for your edification to the both the House and the Senate and the legislature are looking at eBike bills this year. So between what they do and what we do, I think we'll be covered
pretty well. So the new FY26 work plan. So I changed over to the new goal and objective sheets this year. I argued last year about it, but uh Mr. Schmidt questioned me last year. So in deference to him, so they're done this year. Now,
are they great? I'm not going to say they're great. I took the awarding off the old ones and fit it into the new ones. Next year I'm going to look at doing some consolidation, maybe some reorganizing a little bit. I've got five goals and objectives now. I might go down to three. I started with seven. So
I'd like to do a little efficiency if I can. Uh uh we hope to get the new ebike ordinance done sooner than later. Uh and also all the standard things we do, the area reviews where we look at things like uh vision triangles, infrastructure
in the area. One of the things I focused on and and it's kind of been a headache for me is the Sentry Link and Cox cable above ground boxes and my neighborhood. I've got at least two on the ground and some others that are open to the weather. I can't believe that's right.
And trying after we turn it in, getting somebody to come out and fix it is I had a tooth pull today. It's like pulling teeth. All right. Uh and then we also have before you tonight uh and and you know we're doing
such a a a much better job now having money set aside to be able to do road resurfacing and road striping. So now making those recommendations means more now because things are going to happen faster. So that that's much better what we had in any year that I've been up here. So uh and we also have before you
tonight uh a request for approval for two more rapid flashing beacons. Sometimes we're reactive on these. Sometimes we try to be proactive. Uh Aelia and Melvin and also Benny and Maltasos are both midblocks. Aelia and
Benny are both major collectors by the LDC. And the Aelia Melvin has two school bus stops in the vicinity. and Benny Maltasos. When the new dees port is opened up, there should be kids crossing there going to school. So, we think
those are good additions. Uh we've had others on Holiday Aisle, some in Crystal Beach, lots on Airport Road. We need kind of spread the love a little bit, for lack of a better term. So, uh and those will cost about 20 grand for the two of those. That'll be out of my uh
TRAF funds for the year. Uh I don't know what else we'll spend. I don't go into the year looking to do so many lights or so many speed humps. Uh if we find issues, we try to apply the appropriate fix to those. Uh and of course those
things when you do them cost money. Uh but then at the end of the day, I don't care what you do infrastructure wise, ordinance-wise, education, enforcement end up ruling the day. So hopefully as we get everything done and get all those education parts done, enforcement done,
then we should have all the effects I think that we're looking for. So otherwise all my I'm full up seven members and we're all uh engaged in the process and I think we're working pretty well together. So it's up to your questions.
>> Yeah. Thank you so much. Uh Councilwoman Traml. >> Yes, sir. >> Do you want did you want a motion on the uh flashing lights? >> Is it Is it coming up? Uh, it's up next as as a separate item for the flashing two locations, but if you want to roll right into it, >> I I'll be glad to make the motion for
the flashing lights. I happen to be on the street when the bus was unloading at Maltzos and Benning, and it loads right where they want to put the flashing lights, right there at the street. So, I think that's an excellent um opportunity for us. So, I'll be glad to make the motion that we uh I'll second it
>> implement those two. >> All right. I have a motion in the second. Uh my only other discussion is more of a kudos. Uh I've had probably a dozen Myiar Beach residents reach out to me thinking, "Oh my god, we need these rapid flashing, thinking that we unfortunately can't help them. They
think we can." They go, "Oh, wouldn't it be nice to continue it on?" I was like, "It would be." It's like, "Well, what can we do?" I'm like, "You got to go ask your county because we we we're rocking and rolling over here in Destin. I'm sorry we can't help but here's here's your county uh liaison, I guess." But people in different counties are taking
notice to what you guys are doing. So, we really appreciate what you're doing for us. A >> and for those folks that are either here in the room or maybe out in TV land, your public works and public safety committee meets in this room the second Tuesday of each month at 5:30. So, if you have issues, come see us.
>> So, uh, Councilwoman Abear. >> Um, thank you, mayor. I just wanted to thank you, Jim, for your years of service to this city and the amount of information that you keep us updated on, but also just pushing forward so many wonderful safety opportunities to help our city, our citizens, and especially
the kids. So, thank you for all the work you do to get stuff through and get it to us so we can approve it and put it into action. So, thank you. >> Appreciate it. Uh, Councilman Schmidt. >> Yes. Thank you. Um, I asked staff if they could pull up the development order
on the town home property off of Aelia. Did we find out if they did everything on that parcel? Any follow-ups on that? >> Apparently, we're still following up on it. We did we did check on it. Um, but I'm seeing that
>> the inquiry was that the development that was put there had a number of um uh a number of things that we told them they had to do when they developed those homes. >> Okay. >> About lighting, about benches and things like that.
>> Good. Good. >> So, we wanted to I want to confirm that there's nothing missing in regards to safety. I'm all about that one that you're wanting to do, but I also want to make sure that when if they closed out their DO that they were also supposed to do what they said they were going to do.
So, >> and I don't know the answer to that question. I wish I did. So, >> correct. Um, and then the only other thing I asked them to mention to y'all in the future is a little bit north on Beach there's a there is a crossing uh there is a crossing section without a
stop sign >> that as they open up the elementary school section. That's another one that you really need to keep in mind sooner than later. >> Gotcha. >> I'm pretty sure you're going to get some requests to do one more probably there. >> We'll take a look at it next then. Okay. >> Because that's problem. That's an actual crossing section. So,
>> okay, perfect. >> Thank you. My last more of a comment partnership for us later this year. Um part of that u the TPO that I know you're very well of. Uh there is a onem two mile radius since you can't get on a bus if you're in one or two miles of
your school. And so there is some new funding for uh making sure that every pathway and safety mechanisms there. So kind of something I would love to work with you guys. If you see any gaps of sidewalks or kind of rapid flashing beacons or anything of those kind of mechanisms, we might be able to go and
again multiply our dollars out through the state and grants funding. So >> is that safer to schools funds? >> Yeah, there it is. Yep. I'm sure you I knew you were aware of it already. >> Yep. Yep. No problem. >> Awesome. All right. With that, I have no other discussion. So, we'll call the vote on the two rapid flashing beacons through uh our public works and public
safety committee. >> All right. Thank you guys so much, Mr. Mayor. Thank you very much. >> Just to make sure we're doing the things right. I want to also move that we approve the committee's 25 annual report and 26 work plan as presented. >> Second. >> Got a motion. Second. Thank you so much.
No discussions. Seeing none, we'll call a little out of order, but we'll call that. >> I say yes. [laughter] >> Here we go. Here we go. >> All right. There we go. There we go. Appreciate it. Thank you. >> Yeah. Thank you so much for being here. >> There you go. >> All right. Eyes have it so moved.
>> All right. With that, we'll get into the public comments and I'll start on my right side and move our way left. Uh, so this gentleman up front, [laughter] what's your name? Who are you? >> God, it's it's it's [laughter] old. My name is old. It's been around a while. It's Mike Buckingham, 510 Kahun Avenue.
Y'all, thanks for having me up here. There's two quick things that have been brought to my attention that is very uh close to me and it's children. And um I know that the it's been brought back to my attention that you guys are still in
negotiation. The city's in negotiation with the property by the Little League field to purchase for a parking garage or parking lot, but we still have not done it yet. I guess it has to do with pricing. Um, I personally feel that I think most of you all know me, if if it's a money issue, we can raise some
money. I'm willing to write a check for five grand right now just to get the ball rolling to to get this ball get this get this going in in in my eyes. the little league, anything we can do for the the the parks around here, the little the elementary school, you know,
those are our community future leaders. You're a perfect example, Bobby. You know, look, I I think I don't think the little league was there when you were a kid, was it? >> No, I didn't think so. Um but but anyway, wi with that said, you know, I I know I know for a fact that that Rodney
did. Rodney went to to and played little league. Uh, and it just goes to show that those are are can be our community leaders. So, whatever we can do as adults to keep them off the street and provide for them, I'm here. I'm I'm I want to support it. So, I'm willing to
to to write a check and I'm sure we can get some raise some funds if we need to. No problem. But, let's not let that go. Let's let's find a way to find that property. Let's put a parking lot there. We need it. Okay. Number one. Number two, real quick, elementary school. Once again, kids,
parents, I was one of them back in the day. Um, I remember Bobby being walked across the street there. Or his brother, I'm sorry, your brother and your sister. Um, but you know, I I keep hearing next year that they're going to have parking, easier parking, blah blah blah blah
blah. And it it kills me to see parents trying to get their kids to school. They got what, 20, 25 minutes to get them in there, I think, is what their time frame is. You know, and you got to wake up little Johnny and little Susie, get them up early to get them to to school. But
now, somebody put a bunch of 4x4s up and down the road, so parents can't park to take their kids to school. I get it. I've been here since, I don't know, 84, 85, and people's parked there long time. So,
I've had a lot of phone calls myself. Mike, you know anybody can get these things removed so we can get our kids to school? Will y'all please think about removing those 4x4s? It's short term for God's sakes. It's only short term. If it's going to fix next year, why in the heck would we spend that kind of money
and and upset everybody, including me, over a bunch of damn 4x4s? So, you don't want somebody to park on the side. Give you something to think about. I sat on the harbor committee for what 18 19 years and we have talked about parallel parking along our city rideways and the
harbor for years and it's getting closer I understand we're going to do that right Sandy it's been talked about so if we're going to we own the rideway the rideway that I'm talking about with the 4x4s has already got base material why don't we come up and hack staff to come
up with a way to design some off-site parking right there some parallel parking and and allow them to do a forgotten sakes. It's not like we don't have the sheriff's department there. They're there every day watching. It's only two times a day. Hour in the morning, hour in the evening.
I'm done talking, but please think about moving over getting over to those 4x4s, please. Thank you. >> All right. Thank you, sir. All right. I got you. >> All right. My name is Ricky Lang Grant Jr., 175 Main Street, General Delivery, USPS,
Dustin, Florida, 32541. And uh I'm stuck in a pickle uh because I uh I actually live in the Milky Way galaxy, not Destin, Florida. So I wish I could live in Destin, Florida, but I'm not a homeowner yet. Okay. So
I'm trying to be a homeowner. So I may go back to Tennessee or I may stay in Florida. I don't know. I love everybody here, but I live in the Milky Way galaxy. There's 200, Last time I check in the Atlas, there was what, 275
million people in North America. 275 million neighbors. So, I got a lot of people to meet. So, maybe I could go to the federal level instead of the city state. Maybe go see the Trump administration. I got to get some some
questions together, though. But uh yeah, trying to be a homeowner. So maybe the city of Destin maybe I'll kind of finalize everything on the FHA and then hopefully everything goes well with
these B business partners. They going to keep negotiating. I say play ball, you know what I mean? ESPN, NFL, you can catch me on First Take, Get Up, Unsportsmanlike in the mornings starting at 6 am. I cover all those sports. So, I
say play ball. Definitely play ball and compete where you can compete, but please don't don't put a steel toe boot. You know, anywhere in my vicinity, people like to put a boot in here. So, if you're going to compete with me,
just, you know, play some ball, use your sportsmanship, and uh people give me n people make me nauseous. They call me on the phone and they make me nauseous when they want to come play ball against me. So, just keep that in mind. I'm getting old. I'm 38.
I I ain't I ain't no cowboy like I used to be. I used to get out there and sling, you know, be a gunslinger with everybody. You know what I mean? I'm trying to be a gentleman now and retire in peace. So I can't I can't I can't carry the weight of the world. The Milky
Way is a very large place. So hopefully you can make it through this pickle. I always say this is the gates of gates of heaven. I just come here to keep knocking. Hey, can I can I get through? Can I get through? It's one of my stops on the path, you know, on my
path. And this is it for me. I I went out there. I fought bravely, you know. I fought bravely and I I I've I've completed my mission. So I wish everybody well and uh
and go America like you said. I think you're a good mayor and y'all are good counsel. So if you guys can open up the gates of heaven and let me in like the pastor said then there's strength in numbers and the aroma of pleasing to the Lord is good
food. So welcome. Appreciate you being here, Ricky. All right, up next. Yes, sir. >> Jeff Reese from Keller. Um, two things. One, two meetings ago they discussed the
uh speed limit at school zones and it was said kind of jokingly, well, if you get hit at 30 miles an hour, is it really any difference than if you get hit at 25? So, I actually looked it up. Um, in 2022, there were 712 pedestrian
non-suicide deaths of children. Um, children have a less likelihood of mortality because adults have other problems. If you get hit going 23 miles an hour, your chance of death is 10%. If
you get hit at 32 miles an hour, it's 25%. So, there is really a difference. Um the second thing is after we went to the county meeting today and at the very end the head Mr. Palmer Yeah. Um he
basically paraphrasing said this Noriega point belongs to the county to enjoy not just the few people in Destin. So I don't think he's going to play ball would be my guess. I don't know any of
the legal stuff how to fight it. But he also kind of implied it's really just a few people that organized a lot of people. He made it sound like there's really not that many people interested in it. So I feel that we even need to get more people to go to the meetings
and show that there is a lot of people and obviously we need to vote these people out. Thank you. >> Thank you Allan. Play nice. >> I am nice. It's just the truth. People sometimes think the truth's ugly, but it's but it it doesn't have to be nice.
It's just the truth. Uh gunslinger too here. So, I get up here. I want to read y'all something today. So, and in that I wrote this letter and because y'all's email is so jacked up, Larry, where I can't just copy and paste and I didn't want to get into y'all's system. So,
here fix that. esteemed members of the Senate. And I sent this to everybody in Florida, every leader, every Democrat, anybody I thought would grab hold of it, the governor, it don't matter, FDLE. I am a conservative Republican pointing out obviously what obviously needs an
investigation. The public meeting and the four attached videos outline people in my own party who are clearly involved at felony level deception of public funds. In my opinion, all parties, Republican and Democrats,
and state leadership should want this investigation to ensure the protection is made of future funds. There were severe violations of procedures and fraud upon the people. And I don't care if they're Republican, independent, or Democrat. If they played any role in
this process, they should be investigated. Alan Osborne, retired Army, Air Force Major. So, I'm fed up. Y'all going to have to play harder ball. No interlocal agreement if we have to. Look, the state ain't going to get in
the middle of this fight. And I'm ready to file my code violation. And I think a code violation should probably be on the person who caused it, not who currently owns the title to it. But I'm going wait for your counsel and Larry to advise me on what the code really means before I file it. But listen, we went there today
and Palmer bucked up on every one of you guys. Now, dude, you going to have to admit he's in the middle of a bunch of crap. And you're going to have to bail off of him, son. Get off of him. Don't support him. The only way we'll ever change America is when we stop putting up with this kind of garbage. Okay. So,
I'm I'm going to get on Drew. He was He was arrogant, cocky, and twiddled his fingers like he don't work for us. He don't make no money. He spends our money. He works for us. Okay, that was arrogance in action today. I hope that
you won't want an interlocal agreement. I hope you'll push to the point that the transfer goes from the state directly to you. You are on because the interlocal agreement can disappear with their next election and we're right back in it. We want them out of it. We want enough
pressure on those commissioners that they realize that Drew brought them a pig and a poke as we call where I'm from. You don't want that. So this is what this is what corruption looks like. And yes, it's in my own party. This wouldn't be tolerated in the federal
government, would it? And we wouldn't do business this way with bidding and stuff. We go to jail. Okay. So anyway, that's my public comment. I urge you, if you're going to fight, fight now. Don't fight after you've lost. Fight before the battle's over and take it to them.
Thank you, Alan Osborne. >> Yes, sir. Good evening, mayor and council members. Uh, for the record, I'm Joe Fitzpatrick, primary, yes, primary residence at 3879 Indian Trail and also own the adjacent power uh, parcel. I spoke at the last
council meeting regarding the storm water discharge impacting my property. Since then, I've met with the mayor, city manager Jones, and also Rob Thomasick. I appreciate your time and willingness to meet uh to discuss the issue. At the last meeting, council did ask to be kept apprised. So, I'm here
tonight to provide an update and requ uh request clarity on the city's position regarding this issue. Uh to ensure council has a clear understanding of the issue, I believe you have a you know one-page brief overview uh that I submitted and I would also like to have placed on the record with my comments
this evening. Uh in summary, the city has installed and maintains a storm water system that collects runoff from more than 90 parcels uh homes and adjacent airport infrastructure that directly concentrate storm water discharge to my parcel. This occurs
without a recorded drainage easement and has resulted in ongoing flooding, erosion, and measurable loss. The city's own storm water management plan identifies this engineering system and clearly shows this outfall position directly at my property line. In the
image I provided in the handout, I've annotated green arrows which represents the directed flow from upstream parcels. Uh this is not hypothetical. This comes from my own extensive research from public city documents, city council meetings uh over the over the years. Uh,
and those documents I'm more than happy to make available to the council. The red arrow marks the terminating outfall, the city installed headwall with the expected outfall once it makes its way to my parcel to somehow do whatever it wants to make its way to the bay. Photographs of some of that
infrastructure and its location are also included for reference. Concentrated storm water discharge creates foreseeable impacts that only become measurable over time. With that understanding, it's a reasonable question to ask when the city
engineered, maintains, and continues adding to that system with an outfall placed directly at my property, what was the expected outcome? My purpose tonight is not to debate or assign blame. I have laid out relevant facts in my prior meetings and felt it
was necessary to provide additional context for all the council members as I speak here this evening. What I'm asking for tonight is council is clarity from council and direction on how I should move forward. I have one simple question. I'm asking for guidance. Does the city contend to bear no
responsibility for the storm water discharge once it exits the head wall and enters onto my property in the absence of a recorded of a recorded drainage easement? If the city acknowledges responsibility, are they willing to financially participate to
address the loss sustained to date and to implement corrective measures necessary to in to prevent additional loss in the future? If the city's position that it does not bear responsibility for this discharge, will
council commit to expedite permitting and practical engineering approval so that I can proceed with corrective measures to restore and preserve the property's usability and marketability without delay. I'm seeking uh a clear and definitive position this evening from the council so the roles are
clearly understood and correction action can be taken without delay. Thank you very much for your time. Thank you. All right. Anyone else? Yes, sir. >> Good evening. Curtis Gwyn. I live at four Wikiwatchi Circle. Uh, and I can
spell it for the last 40 years. Anyway, I'm here to speak on behalf of the Destin Little League and the opportunity to buy property to put parking over there. from what I understand. I know it's been back and forth, uh, but, uh,
got my grandkids here and and, uh, you know, a little history, I used to coach over there when this guy was this tall. Um, my business partner, Ray Shootes, who, you know, y'all know, Ray helped Dalton Threadgill get that started over
there and coached for 30 or 40 years. Uh Ray and I actually donated and built the concrete block restrooms that are out behind the outfield. So um I still go over there
all the time and watch the grandkids. U Kevin the the the guys that run the little league do a fantastic job. Uh it's a you know the pay's not real high. They do, you know, they put in a lot of time over there. And it's just great to see the, you know, the kids of Destin
over there en enjoying the park. And if you've ever been over there, if you hadn't, try to come over there on little league night and try to find a spot to park. I mean, it can get dangerous. You got kids running across the road and this that and the other. Thank goodness nobody's ever that I know of has ever
gotten hurt over there. But we buy property uh on the beach for, you know, citizens and most of the time a lot of the tourists are the ones that use it. Let's buy property to help the children and the kids in the city of Dest. And
you know, if there's anything I can do to to help or or do whatever, I'd be more than happy to do it. But I think it's a a worthy cause to take care of that. >> Thank you, sir. >> Okay. Thank you very much. Anyone else? Yes, ma'am.
>> You hit that gray button. It'll turn red. Name and address. Christina Stevens, 702 Spring Lake Drive. Dustin. Um, good evening, mayor and council members. Thank you for allowing me to speak. I'm here regarding a code enforcement lean of $82,000
um related to a permit close out and swale completion. I respectfully request um full removal of the lean. You can barely hear. >> Oh, sorry. >> 82,000 for a lean. >> Yes, 82,000 for a lean. I'm trying to get that removed. Um, I did not ignore
the city or will fully violate the code requirements. I was out of state when the work was performed and relied on contractors who misrepresentated um the permit requirements. I was later scammed by unqualified workers, which caused significant delays while I worked
to correct the issues. Um, I was told by the city code enforcement officer that a daily fine would not be charged and I relied on that in good faith while continuing towards compliance. I'm 100% disabled veteran. Um, the swale's been completed. I'm
requesting a reinspection. I cannot afford the permit fees at this time. I'm trying to get those removed. I was not aware that the lean was recorded until this u title search. Um,
and I'm just asking you guys to review it and see if it can be removed. And thank you for your time. >> Kim, what's the process? >> Yeah, so um this is the first time hearing about this one, but we do have a process where you can apply um for a reduction of the lean um if the property
is in compliance. So, what we would need to do is have someone inspect the property and determine the compliance and then if you can talk to us, we will get you on an agenda. um formally. And the reason we do that is because we put a copy of the lean in there, get the city council all the details of what
happened, kind of like what you did, but also to confirm it on our end, what what happened on our side, who showed up at the hearings, you know, and so on. Um and then the council can um review it and decide whether to reduce the lean um anywhere from 0% to 100% or anything in
between. Okay. So, if you could um give us a way of contacting you or have you already talked to anyone on staff? >> Um Noel Bell. I've been talking with her. >> Okay. And what was your address one more time? >> 702 Spring Lake Drive in Dustin. >> Okay. That's the home with the lean on it. >> Yeah.
>> Okay. I will talk to Noel and we'll reach out to you to set it up. Do you have any um immediate time concerns where you can't wait for another meeting? >> Um no. I was just trying to get this >> Understood. You got it started. Thank you. >> Awesome. Thank you for being here.
>> Hey, my name is Lesie Schmidt. >> You can pull it down, >> ma'am. >> Pull it down. >> Okay. My name is Leslie Schmidt. I'm a resident of um Dustin and I'm going to cry. I am um I don't know. I'm going to cry.
I'm so proud of our town and I'm so proud of um the Threadgill Park and I just want to say that um yes, I raised uh we raised Kevin and Paul and David and Abby. We raised the four kids in that park and um I'm so thankful that
the city has an opportunity to do some wonderful things and um I want to be a part of that. I I want to uh continue to be proud of of of good changes and things that will uh continue for the grandchildren. You know, now I'm seeing
my grandchildren like Curtis, you know, we're seeing the grandkids play up there and um I just am excited and just hope and pray that this will come about. But I know we travel around a lot and I've seen some beautiful parks out there and
and um I tell you what, Threadgill is just beautiful and it's even getting better and better. But we need this. I I've parked on I've practically parked in the sewers before uh on the side of Calhoun and it's kind of dangerous out there at night when you're don't have
any place to park. So, um, I just am grateful and thankful for this timing and like Esther says, you know, for such a time as this. And so, let's grab a hold of it and and um just praying for good things. So, all right.
>> Thank you. >> And for some comic relief, your chickens are doing great. >> My chickens? >> Yeah, they're doing great. >> Thank you. [laughter] Thank you. >> Oh, no. She had a lot. And we needed a few more big girls who laid eggs. [laughter]
Anyone else public comments? There's my public comment. [laughter] All right, with that, we'll close public comments at this time and we'll continue to the consent agenda. Do I hear a motion? >> I'll make a motion to approve as is. >> All right, I hear a motion. Do I hear a second? >> With a second. Any discussions?
Seeing none, we'll call the vote on consent. >> All right, eyes have it 40. So moved. Uh we will go into the alternate agenda and take up 4J first. Uh Councilman Schmidt or who's taking the lead here? Yep. >> Okay. Um
>> Dr. Jones, >> this is regarding 446 Calhoun. Um as you recall at the previous meeting, we were asked to um engage the new owners of that property and uh determine what it would take to buy it. uh we did some
calculations and offered them a a 10% return over a period of time um which equated to about 416,000. They paid 400,000. That was rejected. Said their price was $450. Uh we counted at $435
and they continued to say their price was at $450,000. So that's the last offer that we've gotten from them and that was as from them their final offer. Uh so that's what's before you this evening uh for your consideration.
>> All right. With that, Councilman Schmidt. >> Yeah. Thank you. I'll go ahead and make the motion to move to authorize the city manager and city attorney to prepare a contract for the purchase of 446 Calhoun for a purchase price of 450,000 on the condition that the property's future land use and zoning be changed to
recreation prior to closing with permission of the seller and property owner. >> I'll second that. >> All right. I have a motion and I have a second. Uh furthering the discussions >> Oh, yeah. Counciloman Aber. I just want to find out real quick from Crystal, what's the funding and how will we
manage what we can get for the purchase of that? Are we um in a rears on any of the purchase opportunity monies? >> So um just um the C council has received the um funds available to program and uh
so I'd recommend that the council members review that again with the restrictions. Uh we have some 2024 loan money left over because the cross town connector expenses came in a lot lower than anticipated. Uh so that would be
one of the uh options if we are going to dedicate this truly to to parking. There's also funds available in the parking fund. And um yeah, those are the two uh top funding sources that I'd recommend. And that's what I was hoping
you were going to say because I knew we were trying desperately to make sure we move parking for parking and those monies that came in for parking. Um, and so, city attorney, what's the prognosis of moving this before closing to a
parking that it would be recreational? >> Moving the money >> do doable as timely changing the code >> per his motion >> for the motion to change it to >> the zoning. >> The zoning. Yeah, that's what we want to do. Um, we've already spoken with the seller about that and they did agree to
put that condition in the contract. So, that is what we would do. Then we would start having those public hearings and the public would have an opportunity to participate. >> Right. >> Councilman Dustin, >> having trouble hearing all the financial part of it. Crystal, did you say we
could use some of the monies that we have in the parking fund since this is parking in your opinion? >> That That's correct. And how much do we have in that fund? >> We currently have uh 2.7 million of available funds to address parking needs. >> Okay. And we had done an estimate on
what it would take to actually put the parking in. Do we remember what that number was? The purchase of the property is just part of it. >> Same. >> I don't currently have any estimates for the parking. I would have to look at look back into that. >> Okay. If I remember, we did talk about
it and it was almost the same price >> as the cost of the land, 480,000 to create that lot from what the engineer was saying as well as the >> Robert, I have your notes if you want me to read off your notes. >> Go ahead. All right. So, you know, a bunch of I appreciate the napkin math.
I'm a napkin math guy as well. It's a 588,000 total. That's with a 20% contingency. Uh so the sub is 490,000 20% contingency of 98,000 bringing us a total of 588,000
um all in with that 20% contingency >> and so that is just a little short of a million to get the whole thing put in >> done >> and we have 2.7 in the parking fund. >> Yes sir. >> Sounds good. Um, and we'll just I'll throw my little
comments of citizen the citizens of Destin do not pay a dime for parking if they have their parking pass. So, first and foremost, go get your parking pass if you haven't >> because we're going to make it pay parking. >> Oh, we are. Okay, good. [laughter] All right. With that, uh, I see no other
discussion. So, I'll call the vote. Eyes have it for zero. So moved. Awesome. Good deal. I was hoping I was going to vote on that, but I'm glad we didn't have to. [laughter] >> All right, with 4J aside, we'll go back up to 4A.
>> Dr. Jones. >> Oh, yeah. And if you guys do want to exit, I know that was a lot of people's kids stuff, so no worries. No, by all means, I I get you. I mean, listen, we'll we'll This is your your house. We're just doing work in it. [laughter] >> Take the little people home. We know
it's getting close to bedtime. >> Yeah. Oh yeah. >> Thank you guys so much for being here. Appreciate you guys. >> Yeah. >> All right. Thank you guys. All right. While that's rolling, just eat the mic a little bit and we'll keep rolling.
>> All right. We'll try to talk fast and loud. Item 4 A is regarding the Destin fire district beach safety um contract. If you recall the last time we addressed this, we were asked to do two things and that was have conversation with the U
fire district regarding a the force majour language in the contract and if it could in the event that it um kicked in for greater than seven days that they would entertain the ability to reduce some of our uh charges and they've
agreed to do that on a you know as needed basis when we get into one of those situations. We'll be glad to take a look at it. The other was and so that's in the contract. The other was to utilize their lifeguards kind of as eyes and ears for code. Uh they were not
comfortable with that. Uh we had in had some conversation about uh inserting the term for egregious violations. Uh their legal counsel was not comfortable and that there was no definition of egregious. So that part was um left out.
So what you have before you is the contract with the force majour language and not the um um provision to help code compliance. >> All right. With that, do I hear a motion or discussion?
>> All right. Councilman Dest. >> Ray, whoever you think got it there first with a motion and a second. Any discussions? All right. Seeing none, we'll call the vote. All right, eyes have it 40-0. Man, much better with four councilmen. No offense to the other guys. We love their
opinion. [laughter] Good. Oh man, that's a lot easier. A lot less to juggle. [laughter] >> You asked the financial questions for them, so it's all good. >> That's right. >> All right. Item four B is regarding the
um fee schedule resolution. And there there's I think there's three things going on here. one is to correct some language uh regarding uh permit reinspection fees. There was uh there's a table there that reflects what statute
allows those charges to be. And then there's some language that says that um anytime you have to have a reinspection, that fee would be twice the subsequent or the previous inspection fee. So those two kind of conflicted with one another.
So, we're suggesting that in this approval that you would remove that language and that the table that is reflective of statutes being in included or remain. Um there's some language um regarding
making sure that we're collecting on all opportunities for uh credit card service fees and sales tax. There's maybe instance particularly in the parking side where that wasn't happening, but that allows us to do that. And then as we move forward with the last parking,
the idea of having some dynamic parking uh fee structure where during the non busy season or the non-season, which would be uh November 1 through uh February 28th, that we could reduce fees. What's before you is a reduction
of the $15 fee, daily fee to $10. We can certainly go to five if council would like that. And then where it's the $20 for four hours, that would be reduced to $3 an hour for the language. And that the city manager would be the one that
would have those conversations with the contractor to adjust those fees as we move out of season. And then there's some dates in that off season that we think the uh the maximum fees would be appropriate. Uh Thanksgiving weekend, New Year's, and those type things. Um so
just as it stands, it's it takes the $20 for four hours down to $3 an hour, the maximum of $15 to down to a minimum of $10 and the city manager um making those determinations at the season. Any of that is certainly up to your discretion,
but those are the changes that are con being considered in this motion. >> All right. Thank you for that. And with that, do I hear a motion? >> Uh Councilwoman Abear, >> I'll make the motion to approve. Uh, as Larry read, I can't get it to come up on my screen as is.
>> So, and Sandy, did you say second? >> I'll [clears throat] second it, but I can't get it to come up either. I [laughter] don't know why. Uh, and then with my motion and second, I have Councilman Dustin up for discussion. >> Thank you, mayor. So, my make sure I understand this right. Those reductions will be only authorized in the offseason. >> That's correct. Yes, sir.
>> And if we wanted to come to the conclusion that perhaps we should make some changes during the season, what would be the mechanism? I guess we would initiate that. you would implement it? >> Yes, sir. Be glad to. >> Okay. Well, since it is a reduction at least during part of the year, I'll vote
for it. But I think uh we need to change the structures of the pricing that is during the season when you're you're charging 15 or 20. Whether you're there for five minutes or five hours, that just doesn't make a lot of sense. And it's keeping people from using the
parking lot. The only time I ever see them full is during a heavy holiday or a special event. Otherwise, people are not parking there very much. So, we'll have that discussion before the season gets here. >> Perfect. Great points. Any other discussion?
>> Seeing none, we'll call the vote. You Yeah. Call it. Yep. Yes. Yeah. Are you good? >> It's stuck. All right. >> All right. We're going to get a refund. >> Traml. Yes. >> Oh, yes. >> I vote yes. >> Schmidt. >> Yes. >> All right. Good deals. I have eyes have
it 40. So moved. Back to you, boss man. Jones. >> 4C is the work authorization for half associates for the cross town connector uh construction phase or phase two for the CI component. If you recall, half was awarded the U entire contract
earlier, but this simply engages them to move forward as the construction phase begins. >> All right, with that, I have Councilwoman Traml. >> Mayor, I'll make the recommended motion to approve the work authorization to with half associates for the phase 2 CI
of the cross town connector project associated with RFQ25-06- CD and direct the city manager to execute. >> All right, thank you for saying that mouthful. With that, do I have a second? >> I'll second it. >> That was good. That was good [laughter] motion and a second. Uh with that, any
discussions? Seeing none, we'll call the vote. >> All right. Eyes have it. So moved. 40. Item >> 4D is regarding the annexation meets and bounds survey authorization. We were asked to bring this spec uh at tonight's
meeting. Uh we do have a continuing service agreement with SAM companies that can provide the uh surveys required for the annexation uh potential annexation. Uh that fee is $110,000
and there's funding available to fund that if you so desire. >> With that, if you guys have any questions, me and Dr. T made the map. a lot of fun, a lot of excitement. Out of all things, Riata Bay was the most excited. So, that was actually very surprising or Riata Bay Area. Uh,
followed by the Commons Drive. But with that, I would implore you to please say yes. That's all I got. >> We approve. >> All right. I got Council Destin with a motion. Councilwoman Abear with a second. Any discussions, comments, thoughts, concerns? Oh, yes, sir.
>> Just wanted to make sure the meet and bounds included all the area that would have originally been from or old incorporation. It's it's the area that goes to the county line. >> That's my understanding. That's correct. >> Yeah.
>> Yes, sir. It'll include everything to the Walton County line that is not currently incorporated. >> Exactly what we're looking for. >> Awesome. Good deal. Hopefully, we can close out what you guys started. >> It will [laughter]
>> 42. >> All right. All right, with that we'll call the vote. All right, and my campaign begins. Can't wait to door knockock every house in unincorporated Destin allows for solicitation. [laughter] >> All right, moving along.
>> Next item is u pretty much for information, but we are asking you to grant us the authority to continue uh down this process. But uh there's an organization called SwiftGV that has we've been introduced to and it's um
they developed a platform using artificial intelligence for planning and permit reviews. Um it's pretty exciting stuff. Andy and his team have met with them uh and there's a number of jurisdictions that are using them now. And so we're trying to get ahead of uh
this whole process. Again, not asking for to make any decisions tonight other than to continue the dialogue, but Andy will give you kind of a roll up of what they're offering and what that looks like going forward. Thanks, Andy. >> Thanks, Larry. >> Andy, welcome to the floor. >> Thank you. >> Thanks for the opportunity.
>> I want to make sure I come and just stand right here at the podium. Just take a quick moment, a big deep breath. Right. AI is coming. >> And so, uh, we want to get this in front of you just a little early because it's a little different than other technologies that we've seen in the past. We had the PC, we had the spreadsheet, we had the calculator, that
kind of thing. This is a little different because it can simulate things like human perception, human judgment, that kind of thing. So, we're letting it into our lives a little bit here. AI is already here. Um, we've all been using it. Um, all of the staff has access to the latest large language models. I used
it to prepare tonight, you know, so it's already kind of coming into our lives. Um, uh, we're using using it for the clerk to do minutes, things like that. Um what we saw with this swift gov company is a platform where a planner
will take um the entire set of a plan of a plan submitt. So for a single family home that can be 60 documents in PDF form, whatever. They upload it to this thing and the AI will uh crawl the documents and apply all of our code to
it in uh just write down the list without ever getting tired, without being biased, without uh forgetting anything. It was pretty impressive. Um, what I saw was it come back with a citation of the code it was applying and then what it found on the documents and
then flagged this as thumbs up, this is good or you know red planner needs to check this and then a planner would take those results and use it as a tool for finishing the permit and giving it to the developer or the customer. So that's a that's a big change. It's a powerful
tool for the develop or for the planner. Um, we still have human in the loop on either side, but the reality is that if this thing is checking 300 items on each permit review, a planner is not going to go one by one and make sure the AI did the right thing. Um, it's it's coming
and it's collaborating with us on the process. So, um, that's kind of what we can expect. So, it was impressive. Um, I thought we were three years away from this kind of technology, but it looks like it's here. Um, what we would like
tonight is just to make sure that you guys are on board with our direction. We got it to you early so we can discuss this. Um, and we would like to pursue uh what SwiftGV could provide for us. Um, that's what we're after and I'm happy to answer any questions about what's
coming. >> Awesome. With that, uh, Councilwoman Traml, [clears throat] >> mayor, the oldest person on the council will make the recommendation to AI, right? tree [laughter] hugger and technology something in there, right? >> You can do it all. >> All right. But I do have a question
after I make the floor yours. >> Uh I move to direct the city manager to continue evaluation and negotiation of scope, pricing, and contract terms with go swift gov AI and further direct that the city uh attorney review any proposed agreement prior to the council consideration.
>> Second. >> And with that, you continue. >> And I this is not really a question. This was just a a request that I had of them when I had my briefing today. Many times we've gotten up here and we've said, "Why isn't code more proactive
instead of reactive?" And my request to them was, would they look into uh something similar to maybe code enforcement being involved in this? They could take a picture of a piece of property and it could go zap through all the codes and say, "It's violated. It
hasn't violated. It does this. hasn't done this. So then it would not be based on a um referral type basis, a complaint basis, and they said they didn't know if there was any. So I just ask them to look into that and and I'd like that to be part of the motion that they look
into that to see if there is anything regarding code enforcement or code compliance that can be hooked up to this before they bring it back to us. >> Okay, awesome. Sounds like a little bit of a amendment. Are you okay with that? So, you just kind of sidecard that just for
formality? Uh, any discussion? >> Yes, sir. >> Hey, it's less government. Come on. >> Yep. The uh I have no problem with going forward to see what it could cost us and what it'll do, but I would caution all of us to jump not jump on a bad wagon
with the first product that is just now being rolled out because oftent times it has a lot of glitches. And the other miscon is that AI is used to replace people who work
jobs traditionally. And uh there's something about that that just bothers me. I I noticed the yearly maintenance on the the more bells and whistles one is 210,000 a year plus the initial installation cost of hundred and some
thousand $210,000 a year. we could hire two new planners. And if our goal is to cut the workforce and cut our labor, well, that's what this does. That's what it it's touted to do. And I'm not sure I'm so comfortable
with that. Who will be next to get their head chopped off by AI? >> Us. Well, I'm I'm not sure it could ever calculate what in the world we're thinking, but it uh it it concerns me that eventually there won't be a lot of people with a
job. So, we need to make sure we don't jump on some technology before it's ready and we need to contemplate where we're going with it. So, but I I don't have any problem in finding out what it would cost and what they say it can do. >> Yep. Point taken. >> All right. Seeing none else, we have our
motion in second. We'll call the vote. >> All right, eyes have it 4 Z. Great find, Annie. Thank you. >> Thanks, Andy. >> All right, Kim. >> Uh, thank you, mayor. Uh, just going back to the item 4D, the annexation meets and bounds. I think you all
approved the um contracting with SAM to do the study, but I don't think you read the second motion to approve the budget amendment, and our finance director will need that budget amendment. >> Oh, my bad. Thank you. >> Thank you, Larry. >> I'll make a motion to approve that
budget amendment. >> All right. Do I have a motion? Do we need a second? >> I'll second it. >> All right. Any discussions on the budget amendment to make the meets and bounds work? Seeing none, we'll have Ray call the vote. It might be a little custom, so give them a second.
>> All right. Thank you, sir, sir. Thank you for that. I'm glad we caught that. All right, Dr. Jones. I think >> item 4F for our capital project status report. 4G is the TDC monthly report.
4 H is the operational operations financial report and 4 I are minutes of boards and committees and we've already for Jane. So, >> yep. So, we'll go to K >> at at the wrapup of today's BCC meeting
that uh I think uh most of us here were there today. >> All the ones in green, >> sorry, >> that the u there were there were some comments made by Commissioner Palmer and I think he led that by I wish they had stayed to
hear these comments. Well, we're going to do him a favor and we're going to indulge him and we're going to play his comments for you. Uh it's about a five minute clip that Andy's got teed up. So found it kind of interesting what he had to say at the end of the meeting
after we had left. Correct. While he's working on that, we'll go ahead with some announcements if you'd like. I've sent y'all an email um um yesterday maybe that if you looked at the House and the Senate budgets, all four of our projects are in each of
them. So keep your fingers crossed that they make it through committee and the governor will see favorable on them. So uh we're we were pleased that we had gotten that far. So and Dr. T, do you have any announcements? >> I do have two. Thank you. The first was
that the DE Dustin Parks Foundation had a fundraiser Friday night and Mayor Wagner mentioned it in his state of the city address, but over 85 people attended and we want to say thank you to the local market for their support of the foundation local market donated the
food. And you can find out more information if you're interested in what's going on uh what their plans are and what they're hoping to achieve at dustinparksfoundation.org. And then only one other announcement, it's a happy one. The Nancy Widenheimer dog park now has a little free library
placed in it and they put it in there February 3rd and stocked it full uh with love on Valentine's Day. So, we encourage the community to go and check that out at the dog park and borrow a book. Thank you. want to go public hearings and we'll
Yep. All right, moving to public hearings. This is ordinance number 2605LC, an ordinance of the city of Dest, Florida, amending article 8, transportation of the land development code, amending section 8060, vehicle and
parking standards and section 8090, multimodal transportation district, deleting multimodal transportation district mm >> very much appreciate hearing >> and replacing with parking standards for commercial mixeduse multif family and transit oriented development. Amending
and removing parking reduction options. Removing on-site parking maximums. Removing alternative parking options as set forth herein. Deleting map 8-4 multimodal transportation district map. Providing for authority. Providing for findings of fact. Providing for incorporation into the land development
code. Providing for conflicting provisions, providing for severability, and providing for an effective date. This is second reading. With this being a public hearing for ordinance 2605LC, if anyone wishes to speak on this, this is your time to do so. Seeing none, we'll close the public comments and I'll
entertain a motion. Councilwoman Traml. >> Thank you, Mayor. Uh, I move to approve ordinance 26-05-LC on second reading. It says first on our notes. Good catch. >> I'm just double double making sure. >> Nope, you're correct. Good catch. All
right. I got a motion and I got a second. Any further discussions on this ordinance change? All right, being none, we'll call the vote and we'll put this one to bed. >> All right, I just have it 40. So moved. >> And I think Andy's got Commissioner Palmer.
>> All right, we'll move back to 4K. >> Back to the Holiday Isle State Park issue. >> Thank you. >> To do with the Destin, the park in Destin. Um, you know, I I uh I think it's unfortunate that um that things have gone the way that they have where
they feel like they need to come to a public meeting like this in order to be heard because I feel like I've been trying to do everything that I can to reach out and I apologize to this board for uh it coming to this point and and kind of uh you know hijacking our meeting a little bit. Um I I very much appreciate hearing from the public um
specifically when it's organic. um I don't necessarily appreciate it when it's uh stirred up and when uh misinformation is out there. And uh one of the commenters said uh uh I said that, you know, they've been lied to and and they have been lied to because I have been trying to work with the the
city and city staff and um city council members uh since this first started and in hopes to get to a better position than what we currently are. Um there's a couple of points that I really do want to make here though. Um, and Craig, I don't know if you know um how many uh
parking spaces there are currently at the end of Norgo Point. >> I think there's approximately 40 or 50 of the new ones they put in. >> 40 or 50 new parking spaces and those are owned by the city of Destin. >> They're within the rightway. Yes, sir. >> And and for the city of Destin, they
generally charge for parking. What is the What is that charge generally? I know those spaces haven't been activated yet, but at at what point at some point they will be what do they normally charge for? So, uh, up the road they they have some parallel parking and they charge approximately $20 for 4 hours of
parking up to 4 hours. And and I know even the 40 or 50 there's some that are um called LSB or golf cart parking. So those won't be your normal parking spaces. I don't know if they >> Oh, so even among those 50. Yeah, cuz I thought it was like somewhere around here 10 LSB parking.
>> Okay. Uh, and thank you for that. And and the reason I bring that those things up is because we have been asked to manage this park on behalf of the county and on behalf of the state. And you know when we have county parks um the intent I know we've we've explored parking and
charging for parking but we are not anticipating charging county residents for that parking. Um and the city of Dest um has kind of the same thing where in the city of Dustin if you're going to a city park they do not charge city residents to park in those areas. And so I imagine those same parking spaces will
be available to the city residents, but they wouldn't be available to residents from elsewhere in the county that uh that would also like to visit this park that would become a county park. And so I think that's one one important note to say is that, you know, when we're looking at doing improvements here,
we're looking at improvements for the public. You know, we've got about 225 230,000 people who we represent. They've got, you know, 14,000 people that they represent in the city of Destin. And and I think that when we're looking at these, you know, competing priorities here, um, we have to step back and
recognize that our impact is much larger than just those who may be vocal right now. Um, and and and to that point also, I want I want to point out that with those, you know, 35 parking spaces there, it's going to be a very very low if if that if that's what remains, um,
it's going to be a very very low um, you know, usage uh, util utilized park. And uh if I were a resident that were right next door to that, I might feel the same way where I would be losing what you know can be almost felt as a private park or a neighborhood park. This is not
a private park. This is not a neighborhood park. We are using TDD dollars for this. It's a it's it's going to be uh for tourism development and it's also uh you know it's it's it's with um the anticipated impact of benefiting the entire county. And so I
know that was a lot to listen to today and I know that that was a lot to to deal with, but I but I just ask that you uh that you bear with us as we go through this process. Um I'm I I uh the audience has cleared out and so I was hoping that they would be here to hear some of this. Um but you know, you know,
maybe they'll watch the whole thing over again. Um doubt it, but but either way, I mean, you know, I think it's very important for us to to consider that. I also wanted to say, you know, they they mentioned commercialization. Uh you know, we're not anticipating that. We're looking at these uh the the marina as a
as a public uh recreational marina which would have like you know potentially uh rental slips for these larger vessels that that for which it's built. Um and uh and you know they're calling that a big commercial operation. We know that there has to be some sort of marina
services to be able to service that. We're not anticipating fuel docks. We're not anticipating that that sort of large impact that they were uh you know that they were talking about today. Um, and you know, I would say they they say there's no commercial activity allowed within Holiday Isle. And I would submit
that they do allow short-term rentals, and that's what we're anticipating here for these these stocks. And so it, you know, I just I feel like there's a lot of bad information out there, and I would invite anybody that does watch this or does see this to please contact me. Um, I have not turned down a single
meeting. Um, as I said before, all of the reaching has been one way me to the city to try to get them to meet with me. I have not, uh, thus far gotten, you know, a lot of response to that. As as far as people wanting to float ideas, it's mostly been about leave it as a
conservation area and tear down the docks. Both of those things we know can't really be true. The as far as a conservation area, it's got a seaw wall on both sides. It's got, you know, armoring. Um, it's not a natural area as it is right now. And so I don't think that we can we can return it to a
natural area. I don't think they would want us to tear all that stuff down and and leave their harbor exposed. And so um so anyways, I think those are important things for us to to contemplate as we're going through this, especially as we've um been uh you know, kind of through the through the ringer a little bit today. I I you know I think
that it's important to kind of keep the perspective that what we're doing here is we're intending to have this be a worldclass park that benefits all of Okaloosa County and not just the the neighbors that are closest to it. So uh thank you for that.
>> All right. And with that you Mr. Jones. No you got two minutes at the end. You got another minute at the end there. All right. With that u there seems to be some back and forth between who's lying who. Um, Miss Copier, our city attorney, you have a great depth of land
development code. Could you just read off the development order first and then I'll have a second follow-up question for you? >> Sure, mayor. Um, it's really, really clear in the DO. So, I'm going to go to development order 21-23. This is page four of 8. Now, on this
page, it's letter I. And first, I'm going to read to you the part in bold caps, okay? because this is in bold and caps. Docking facilities are prohibited on the subject property except as an ancillary use to the residential development
authorized in DO0917. That's the development order that approved the condo. No use of the docking facilities may be made, nor may a certificate of completion for the docking facilities be issued until such time as the city issues a certificate of
occupancy for the previously approved multifamily residential development authorized by DO0917. Now I'm going to read you Jay. This part's not in bold caps, but it goes into further whether slips are allowed to be rented because if some people are confused as to whether that's
commercial, I think this will answer that. Prohibited activities at docking facilities. The docking facilities authorized herein are authorized as long-term residential boat slips for use by residents of the Upland condominium
development authorized by DO0917 and their guests. Any commercial use of the docking facilities is expressly and strictly prohibited. Commercial uses include any non-residential use of the docking facilities. Additionally,
vessels must depart, remain docked, and return to the docking facilities at a frequency and intensity common to residential uses. Excessive departures and arrivals by a vessel or group of vessels at the docking facilities may be deemed a commercial use and is subject
to enforcement action by the city. And final part I'm going to read. Subleasasing or renting of any boat slip or part of the docking facilities by any non resident of the Upland residential development is considered a commercial
use and is expressly prohibited. Nothing herein shall prohibit a lawful long-term tenant of the Upland residential development from occupying a boat slip with permission of the unit owner. >> All right. Thank you for that. That's about as local as we can get. My other question is now regarding the state.
I've heard uh Mr. Commissioner Drew Palmer state three times now. Uh one at his workshop the day before New Year's uh one at the city uh holiday is association uh annual meeting and then this morning. Do you have any recollection, knowledge, or
documentation of the city, I'm sorry, or the county being awarded any jurisdiction, definition, or any in any way been awarded this parcel or this property? Because he's now said that three times in three different public uh
portions, in three different public areas. And at this point, I'm assuming, if I take his words uh completely, that the county already owns this piece of land. >> This land is owned by the state. Uh Okaloosa County does not have any ownership interest. They don't have any
lease yet. They wanted uh to enter into a lease potentially, at least uh the deputy county administrator indicated that he did. I don't uh think that's been to the BCC yet, and like council member uh Bagby mentioned in his comments, the county does not have to enter into a lease. Um I'm aware of no
agreement that is between the county and the state with regard to the property. >> And then just sorry for one more. Uh when the state purchased the land, was there any deed restrictions, requirements, anything that would handcuff? There seems to be this notion that this is the rules because someone,
we can't figure out who, uh someone's telling the county as a collective, it seems like, but maybe Drew as the ambassador for this deal, that there's there's nothing we can do. He seems to be on a listening tour with the answer being, "Well, it is how it is because
the state said we have to do this." I don't know who at the state's telling them or what document he's referring to. That's what gets me very confused. I don't know what document he'd be referring to because all I know about is
a concept plan that I think was part of some application package that went to the state. But as I understand it, the state wasn't requiring any specific plan. It was just something that I think the seller put in the package for the state to consider. But I don't know of
any requirement. There's certainly no deed restriction or anything in the contract that would require that plan or any other plan um to be developed on the property. And I know the city manager has had some conversations with state officials as well. So if he knows of any
definite plans, we can ask him as well. So Larry, >> no definite plans that I'm aware of. We've had um you know numerous conversations with different state uh folks from the governor's office for the Oh, I think the [laughter] D >> Alan, I thought that was you.
>> Yeah. Um, so nothing that I'm aware of has been decided. U, you know, the what appears that the county hangs their hat on was language that were in the uh packet that went to the cabinet for their approval. But immediately after it
lists the county, it says in collaboration with the city of Destin's Nora Park. So that's >> that's the concept plan you're talking about. That was the management plan that they contemplated. >> That was the concept plan that went. There's been no management plan approved. >> Exactly. Yeah. Yeah. No management plan at all.
>> All right. Thank you for that clarification. Um you hear someone say it three times in three different public settings and he's wondering why people are confused and I >> I mean my understanding is that the state wants the city to be involved. That also was part This is what Larry's
talking about. That also was part of the package that went to the cabinet. It clearly said the property is bought for conservation and the county would be collaborating with the city if the county gets an interest in the property which they don't currently have. >> All right. Thank you for that, Councilman Schmidt.
[clears throat] >> Yeah, thank you, Mayor. Uh, first I just want to say I'm sorry I wasn't able to make it this morning. Uh, I did watch and participated that way and thank all of you guys, all of you all and Kim and everybody did a fantastic job. Um, I
just wanted to note a few things. Um, since I'm sure this will be watched and heard, but uh, there was a public comment section like we have here, right? And so we're we're public, whether we're council members or city attorneys or staff
members, we're still public. So, um, they might not like it, but we have every right as citizens in public to go speak however we want. So hijacking a meeting uh I think is a direct um disrespect remark to public citizens
coming to a public meeting and speaking. Um so we had every right to do that. So thank you all for doing that. I think it's very interesting though um for those that don't know or haven't heard or been following you know so much of this has started from months ago
when we tried to collaborate with the county to discuss the future of this parcel. Y'all can correct me if I'm wrong, but we wanted to do that with the citizens input under the sunshine law to allow us to have opened dialogue and
collaboration about this parcel and were continued to be told no by the county officials. They did not want to have public meetings. They didn't want them. I don't know why. We can only speculate why. So
collaboration has never been something that they've been doing with us. Uh Mr. Palmer's right. He he doesn't have any missed calls or missed emails from me. Um I have chosen not to be calling him in recent months. Um you know honestly
county commissioners are paid. Those are paid positions. >> 98,000 a year. 92,000 a year I think we heard today. >> And we are volunt plus benefits. we are >> and an assistant, >> not paid. >> Um, and I'm not saying I can't have
collaboration with county commissioners, but I have to pick and choose my time wisely. And there's some conversations that I'm not going to continue having with county commissioners when I've already been told earlier on in the conversation that this is what we are going to do and you're just going to get
over it in so many words. So, I've chosen not to have continued conversations, but you can hear from the comments that Mr. Palmer was making. They have already decided that they're going to do this. They have already decided that we're not going to charge
for parking. They have already decided that we're using TDD tourism money to make it a tourism related park. Where's the collaboration if we didn't meet with them about any of that? So his
own words are all the things that they are going to do, you know. So, it's just hard to take anybody serious or to work in in trust and partnership when they're already saying this stuff or he is already saying I don't want to say they because there's other commissioners that
have said differently. You know, you you can only take it what you hear from one one's mouth. And he's admitting to all the things that they are going to do. the public hearing that he had at the at the at the uh >> at the town hall meeting in December on
December 30th. They had plans, conceptual plans that they created. They aren't final. We get it. But they did that all with none of our collaboration. The attorney and the city manager have tried to meet multiple
times. They they work for us like, you know, so we told them to go meet with them, collaborate. they they don't want to. It's just it's just disgusting, you know, and and you said it very good today about, you know, family, right? Families have up and ups
and downs, and you're not wrong with that. We fight, we, you know, we still get we're still family and and and I believe that and I believe that there's still great potential. Um, and Mr. Osborne is not wrong. Uh, partnership with the interlocal, the more you think about it, it is getting scary to have
that. if that's the saving grace with us, maybe that's not the best idea because next thing you know it's gone. Um there's some truth to that, I think. And I just and you know, he he brings up the recreation thing and just for
clarity there, sure there's there's a there's definitions about what the state calls recreation versus what the city calls which is what the LDC whatever. Okay. the the the Tom, Dick, and Harry in the community. If you're going to
transact money for that slip, you you're you're doing a commercial activity. It's a business, okay? [snorts] Whether the state calls it recreational, commercial, who gives a flying flip? It's a transaction of money
happening at the park where we don't allow any of that garbage to happen. So, he can talk about definitions all day long, but and one last thing, I have yet to hear anybody from the entire county on
Facebook, Next Door, whatever, talk about they want this thing, you know. So, he's right there. The county is 200 something thousand people. I heard the mayor of Cinco Bayou get up today on public record >> and say no.
>> Saying no. So, it's not just the 14,000 of us in the city of Destin. Mary Esther getting up saying no. So, he might need to take the plugs out of his ears and listen to the rest of the county telling him not to do this. So, again, thank you
all for being there. Just thanks for letting me put that on the record. >> Yeah, I appreciate that. Councilwoman Traml, >> uh I I just had one question. I know several of you went to uh Tallahassee recently. Um, in your conversations with all of our representatives up there, did any of our representatives tell you that
Destin was out of the picture? >> Not at all. No. Um, Kim, Larry, and I met with our senators and our representatives. None of them seem to understand what Mr. Drew Palmer is trying to shove down our throats. That's not what they think. It was supposed to
be it's a conservation. It's just for the city. >> Okay. And and the second point that that uh I noticed here was um he was going to charge for boat slips and rental of boat slips, but he wasn't going to charge for
cars. Okay. What's the difference? I I don't get it. Except that if he charged for cars, he'd probably have to share the money with us. If he charged for boats, he might not. But u I thought Mr. Stevens brought up a good point. He was on the survey committee when we did the
survey of the harbor and it's already overcrowded. So now we're going to make this a transient slip for in and out for hours. So I I I just don't see how that can be environmentally safe for the harbor at all. [snorts] Uh let alone
physically safe for our for our any people from Okaloosa County. But anyway, that was just two of the things that I wanted to get clarification on um and have on record. Thank you very much. >> Yep. And and that study that you're uh
have brought up that's department of uh United States D Army Corps of Engineer. So that is the federal level. I don't think we can get any higher than that is terms of an engineering study uh to come up with that. So that is not a city thing. That is a federal army corps of
engineers. With that Councilman Dustin, [clears throat] >> thank you mayor to say that Mr. Palmer's speech at the end of the meeting was a disappointment would be an understatement. It appears that
he's not going to be real cooperative in spite of the fact that he is our representative. But the bright side of what went on this morning is the other three people there came to the conclusion that they did need to work with us. It appeared. Um, I
was especially uh pleased with Miss Ketchel and so I as when I left we were scheduled to be on their first meeting in March. Is is that what happened? >> We did um and that was also the chair as
well um that was indicating we would be on the next meeting which would be the first meeting in March for the interlocal. >> I think that's held in Crest View. >> Yep. And so while I understand Mr. Osborne's point about not going the way
of interlocal. For us to turn our back on that will show the state that we're not willing to cooperate. I'm not sure that's a step to take at this point. Maybe at a later date, but this is in my opinion what we need
to do in March. The state of Florida D when we collaborated with them to to build the Nora Point Park required and stipulated that that property be zoned as conservation. Now, as conservation, it didn't entail
any of the things Mr. Palmer talked about taking seaw walls out and some of the other things that he was saying. It simply said it needed to be in a conservation zoning and that it had some restrictions on commercial activities. In order to take a step forward to try
to further the creation of a park there, I think we need to uh offer to the county that we will reszone that property to conserve conservation, which is exactly what D required us to do with Nora. And I want to see who it is on
that commission who says they are opposed to zoning that property as conservation. Judging by the comments we got from the other members, I think they would understand that that would be the right thing to do. The park that was built on the end of Nora Point with the
cooperation and actual money of D is one of the prettiest parks I've seen >> in this state. surely in our part of North Florida. That's what we want to do in cooperation with our friends at the county with the rest of the property.
And I think that would be acceptable to the folks who live over there instead of the commercial enterprise that it appears u Mr. Palmer is dead set on building. Um so
I will make a motion. We don't have another meeting before then. Or do we Kim? >> We have a meeting on that Monday and they meet Tuesday. >> We'll put on the agenda that we will uh vote to in collaboration with them reszone that
property to conservation the same as Nora Point Park. And that way we can cooperate with them to go forward to try to build the kind of park not just Destin wants, but all the citizens in the county want.
All right. >> And I and I did want to point out that just because one commissioner did make those statements at the end of the meeting, I did not have the impression from any of the other commissioners that they did not want to hear from us. And in fact, um one or more of them had
reached out to me. Um Larry and I have also had um conversations with John and uh John Hoffstead and the county attorney um in recent weeks as well. So I don't want those comments of one commissioner to reflect on the whole county just for the record.
>> And I exact, you know, agree with that completely. The comments we got from the other attendees on the commission I thought were quite positive. They all appeared to be ready to work with us. Um so we need to try to do that because one
commissioner does not carry the vote. >> I do have a motion. So, do I have a second for >> I'll second that to put it on >> on the next meeting. Okay. >> All right. And now under discussion, I got Councilwoman Abear and then Traml. >> Do we need a vote for that? >> Uh, if if you're not Yeah. Do you want
to hold off on your cut top? >> Yeah. Yeah. Something else. Yeah. >> On this. >> I just want to make a comment based on our what we're looking at vote for next time. Um, one of the things that I heard both in the December meeting and
previous to that, um, was the fact that their concept of what, um, conservation meant was totally different than what ours is. So, I think what I've heard uh,
Mr. Palmer say is that conservation can also have vendor activity. It can also have rentals. It can also have all of this under the state definition of conservation. So I'm thinking we might want to look back at what DP told us when we went to
Noriega Point about what exactly they're expecting and what that meant. So that needs to be clearly defined in what we talk about at our next meeting. That's just what I want to say. We we looked at that and they and the management plan for Noriega Point provides that we will
use the city's comp plan and the city's land development code for conservation. And so that is what we have on Nora Point. So for example, in the city's conservation uh district, you can have um boardwalks, you can have June crossovers, you can have you can
actually have docks, but you can't have slips for rent or any commercial um activity at those docks. Um, so our comp plan and our code tells you what's allowed in conservation. >> We just need to spell it out in our communication with them.
>> Yeah. >> All right. And with that, I'll call the vote. >> All right. Eyes have it 40 and we'll go back to the discussion. Councilwoman Abear. >> Thank you, Mayor. Um, I wanted to speak
to the conversation that Commissioner Palmer had said, just as Kevin had spoke to. Yeah. I I haven't reached out to him after the meeting in December that he had with each of us on one-on- ones, and he let it be known that this is what
we're going to do. Y'all are kind of going to have to just take it and go with it. It felt like they had made their decision of what they were going to do and they were not looking for our input. And at that point, I felt like it was a lost cause. Then after going to
their meeting the day, you know, that between New Year's Eve that last week of December, it was clear. So that's why I gave up on it. [clears throat] Didn't care. So that's why I'm done with it. >> All right. With that, I see nothing else
on the board and we will continue back into our public hearings. B. Miss Cop. >> Thank you, mayor. This is ordinance number 2528LC, an ordinance of the city of Dustin, Florida, amending table 72 of the land development code table of allowable uses to add coffee and tea
manufacturing NIC 31192 as a conditional use within the industrial zoning district, providing for authority, providing for findings of fact, providing for incorporation into the land development code, providing for conflicting provisions, providing for severability, and providing for an effective date. This is first reading.
Uh this ordinance if passed would allow for coffee and tea manufacturing as a conditional use in the industrial zoning district. It is applicant uh initiated and was requested by someone who wants to propose this use in the district. If you do pass the ordinance, it would
apply districtwide. However, any particular applicant would still have to come back to the council for review of the conditional use and approval or denial. >> Awesome. And with that, seeing that this is a public hearing, I'll take public comments on ordinance 2528 LC at this
time. If anyone wishes to speak, this is your time to do so. Seeing none, I'll close the public comments and entertain a motion. I'll move that the city council approve the [clears throat] proposed LDC text amendment adding coffee and tea manufacturing as a conditional use within the industrial
zoning district and table 72, table of allowable use of the land development code. >> Second. >> All right. I have a motion in a second. Councilman Dustin for discussion. >> Yes. As as some of you know, we had an operation like that on Mountain Drive for a while. Got lots and lots of
complaints because of the smell. Um some of this area in the industrial is near residential uses. What concerns me is if we pass this and it can be done anywhere in the industrial with conditions, then it may
well put us back in a situation where people are very unhappy with the snow. Uh Kim, I seem to remember a concept called spot zoning or zone zoning contract. In other words,
are we allowed to enter into a zoning contract and just make a change for this particular piece? >> No, but we're not asking you to do a zoning contract. This is just a LDC text amendment. >> I'm looking for an alternative. I don't want >> No, we Well, how it would work is if if
you pass the ordinance, this partic No applicant gets anything. It just means our code considers the use as conditional. So then any applicant would next have to actually formally apply for the conditional use and their development order and all the things
they need need to develop the property. That conditional use would come to council. At that point you would receive all the information about the particular property and you'd be able to evaluate it specifically for the conditional use and whether it's near residential, if there's any mitigation that can be done
for anything noxious, smells or whatever else. Um and you would be able to make that determination at the time. So that would be the closest thing I think to what you're looking for. >> I understand. Of course I think it's unlikely that someone's going to apply for a zoning change and then not come apply to take advantage of that zoning
change. That's the object of applying for one. So [clears throat] tell me about the conditions on a conditional use. I mean other than are they anything we say they are or is there a criteria? We do have criteria that's already in the code and
that is why it's not in the ordinance because it's not new. But I can certainly pull it up um and tell you what the criteria are. There are multiple criteria for conditional uses. And I know one of the um abilities that the council has when it
comes to those types of uses is to mitigate any impacts. So if you just let me get to 712, I will pull it up. >> [clears throat] >> Seriously. Okay. No, that's okay.
So [snorts] some of the um criteria that council can look at include um characteristics of the uses, traffic generation, floor area ratio, square footage, employment, off- streetet parking needs. There are um
criteria for on-site and off-site improvements and amenities. There are criteria for land use compatibility inclus including scale intensity again traffic generation um there are conditions for proper use of mitigative
techniques like I mentioned earlier there are conditions for um hazardous waste. So, as you can see, it kind of gives you the ability to look specifically at the property and determine if there are conditions that exist that would require um something,
you know, more restrictive on the property than just saying it's a free-for-all. >> Doesn't say anything about smell, does it? >> No, >> it talks about mitigating impact. So, yes, not specifically the word smell, but that would be considered an impact that could be mitigated. >> Okay. Well, you know, this is first
reading. I'd be interesting to interested to see what the folks who live around there think about this should they understand what's happening. Um, >> should I make a post? >> Okay. I I [laughter] of course I don't know what place would
be more appropriate than the industrial. So, I'll vote yes on the first and then we're going to have to think hard about second reading. >> All right. Good deal. Uh, Councilwoman Traml. >> Yes. I I agree with everything you've said, but I'm having a hard time saying
yes with this after we've already experienced the negative impacts. Personally, I would rather say no now than wait till a business comes up and us try to manage something going on
already. It's not even allowed. So, if it's not allowed, we've had a bad experience with it. Why would we put a conditional use on it? So, I don't think I'm going to support this tonight. >> Councilwoman Abe,
>> I agree with both Dewey and and Sandy. We had a business that the smell just was horrible for the neighbors there. They couldn't take it. They It was just 247. It wasn't like there was like a certain time of the day that you smelled the coffee. It was just always So, I
feel like we're just opening up that can of worms that we already put a lid on. Councilman Schmidt. >> Yeah. Um I could be wrong, but and I and I and her complaints were valid. She had health issues and that was the only complaints I recall about that situation
off Mountain Drive. Uh I will also say the Mountain Drive facility. Uh there was also a lot of potential concerns about how he was actually doing it. was it actually
validified and being done correctly? Uh for what it's worth. So uh only other note I will mention is for those that live in Destic area uh industrial zoning district contains Dustin water users and
on most days especially depending on which way the direction of the wind is blowing you will get a very interesting stench in that area. Well, it still happens. So, um >> it would be interesting to see where this is located, but you know, a coffee
smell might actually be a welcome of fresh air possibly. So, we'll see. >> Unfortunately, it doesn't smell like coffee, does it? >> Yeah. And I I hear both sides to this. I I would just say, you know, I think the industrial zone, if any, would give it
at least an appropriate position where I think before it was at mixeduse North Mountain Drive. it was adjacent to the residential. So, I can absolutely see where the contention of conflicting zoning abudding each other could really hurt each other uh from a quality of
life. Um I would really like to just see what this would look like, especially from an industrial zone. Um but of course, it is up to you guys, but I think if if there was a conditional use, it would be in the industrial zone. And to Councilman Schmidt's point, uh
there's a couple other not so fragrant smelling things there. So perhaps if any, maybe we don't want to add to it, but um I do believe if if it's the applicant that I talked to, they do live in Destin for whatever that's worth. And it seems that they are a very reputable
uh distributor for some of the more chain-like restaurants. So they seem to really have um not necessarily a small business mindset. They seem to be a little bit more manufacturing and a little bit more of a corporation mindset. So I would be interested to see
what a corporate mitigation strategy would look like versus maybe a local brewing shop that we had experienced before. Um but outside of that, as always, the choice is yours, but that's are my two cents. Um I see no other discussions. All right. So with that, I'll call the
vote. Oh. Oh, shoot. Yeah. I'm sorry, Alan. I I need to do public comment. >> It's It's public hearing. Yeah. Yep. >> Oopsie. Keeping me honest. I'm going to help out Deuce, Sandy, and
Teresa there. First of all, there's no commercial tea and uh coffee manufacturing because that stuff's grown. So what this is is food processing because the manufacturing of it is the growing of it. Okay? So this is processing and most towns have gone
to where large food processing or any type of raw food processing is put the heavy industrial and the reason is is although we know we don't like the smell of poop. It's a little bit different because people don't claim food allergies to poop. When you have a food process and you put it airborne if you
expose anybody to a food allergy. So you see most heavy industrial peanuts and all these other things. If it puts anything into the air, it ain't the smell and that this bothers you. The first time it makes somebody sick and you've put that into the air around
their residence. I think I would require an impact study that y'all don't pay for if somebody wants to come through. But this is food processing. It's not manufacturing. Manufacturing is where you create something from a raw material and you build it. This is built by
nature and you're just processing. But the fact is that people have allergies to nuts, oils, coconut, coffee, tea. And these are ser not to me they're not. I I poured gasoline on me. I don't have a break. But that's something that you can
serious because you might set a precedence. As you said, we're only seven square miles. When you have a town that has 50, you can have heavy industrial and probably nobody's living next to it. But in Destin, that will never be a luxury today. So I would, if
I was going to oppose it, I would pose it from the fact of what does your code say about processing and then what's the impact on the community from that because may not just be bothersome to some people, it may be a health activity. And I forgot to earlier, but
uh thank you for threadill. coach there and that parking sucked back in the day. So anyway, I think but I think the nomenclature cuz you could get end up in court as this isn't manufacturing, it's processing of food. >> All right, anyone else from the public
comments wish to speak on this issue? All right, seeing none and we will open up the vote. I think it already is. So thank you so much. Oh well, it might die next time. Uh we are got my 15th one and this is number 15.
Uh we are voting yes for it. All right. Eyes have it 32 and >> see it because what >> Oh yeah. Get this our our sunshine timer. I think that might be race department. >> We were waiting to see what happened. >> All right. Um well, you know, we got a second bite at the apple and I probably
won't vote next time, but until then, you guys at least know where I see on this argument. >> Mayor, can I make a comment? >> Yeah, please. Come on. >> Make the comment. This I I just wanted you to know that this is not all about coffee manufacturing. There was a person back there that was using oil from
restaurants to run his vehicles and let me tell you that smelled to high heaven but it was allowed in industrial >> and it was it was awful. It was just terrible. Was worse than the treatment plant untreated. >> So
>> no absolutely council destin you have anything? I didn't know if you had anything as well. >> No. >> To comment. No. >> Point out the first reading. >> No, that's kind of where I started. I kind of chuckled that they said yes. I'm like, well, >> somebody doesn't come make a very strong case and I still want to talk to Cam about >> contract zoning. So,
>> no. And that's kind of where I was coming from is, you know, if if they're very serious and they at least from my phone call, they seem to be very serious of trying to be the utmost stewards of this commercial enterprise. Um perhaps mitigation techniques and and smell mitigations uh have advanced in 20 years
or so uh given a little bit more proximity in the zoning. Uh I just I'd like to see a yes and and if the and doesn't hold up then it fails on second reading. So if you're watching tonight I they probably might be uh seeing that this is their uh position. Uh please
come join us at the next council meeting and uh convince your fellow leaders otherwise. With that, Miss Cop, we'll go on to 5C. >> Thank you, mayor. This is ordinance number 2611C, an ordinance of the city of Dest, Florida, amending section 1486
relating to applications to city council for reduction of existing code compliance leans, providing for authority, providing for findings of fact, providing for incorporation into the code of ordinances, providing for conflicting provisions, providing for severability, and providing for an effective date. This is first reading,
but we did discuss at the last meeting um your directive with regard to the code reduction code lean reduction process. Again, none of the criteria that currently exist in the code are being changed. This would just remove the chart that set forth the uh
percentage maximums and you'd be able to reduce leans from zero to 100%. If passed. >> Awesome. Thank you for that and thank you uh staff and all you guys for your work. With that, do I hear a motion? Oh, public dang. Killing myself tonight. All
right. No public comments for you guys. All right. This is first reading of ordinance 2611 CC. Uh, seeing that this is a public hearing at this time. If anyone wishes to speak on this issue, this is your time to do so. All right. Everyone said their peace. We'll close the public comments and I'll entertain a motion at this time.
>> I'll move we approve ordinance 261-c. >> Thank you, sir. Second. >> Thank you, ma'am. Any discussions? Seeing none, we'll call the vote. >> All right. Eyes have it. So moved. Four zero. Uh oh man, we're already there. Comments by the council.
>> He's gone. >> Councilman Braden. Councilman Traml. >> Yes. I'd just like to say thanks to uh Tamara and for those members of the council and the city that attended our parks foundation um fundraiser this past
Friday. Um, we are the pictures over here. This is what we're trying to do. >> I didn't even see that. I'm sorry. >> We're we're taking the current existing pavilion, which was not included in the grant uh at Clement Taylor Park, and we have some renderings to the history of
why that pavilion was there. And that is the site of the first schoolhouse in Dest. So, well, anybody can go look at it, but we're just trying to uh raise funds to improve that uh particular pavilion so that we can
pay homage to the first schoolhouse in Destin as part of the history of Dest. So, I didn't want to get too involved in it. Um >> now I feel like we're in DC. Here's your [laughter] holding up the board behind the whoever's
>> the um you can see the rendering here and um we are taking money. Uh as many of you may know Morgan Sports Center was built on philanthropy, not necessarily city money. Uh
the dog park was half philanthropy, half city. So, we've done a lot of philanthropy here in this town to preserve what we really want to preserve. So, if you'd like to help us out with this project, um, go to destin parksfoundation.org
and there's a donation button there or we're selling bricks to put around the bot the base of these columns. Um, and we'll get that information out shortly. Secondly, I would like to uh speak to
Mr. Fitzpatrick because I live on your neighborhood and I have lived there since that was a dirt road. So, I've been there a long time and uh I'll be glad to talk to you about the drainage issue. I'm sorry I was not here last meeting. So, that's all I have.
>> All right. Thank you for that, Councilman Dustin. >> Thank you, mayor. And that was the other subject I wanted to to ask the staff where we are. This gentleman's been here two meetings now. And uh I was also here when that was a dirt road and I remember
>> dirt road >> all the the difficulties we've had with the drainage from the very beginning where developers would put the drainage in and of course the city would accept it but it didn't work and we actually
spent two or 30 hundred,000 maybe more about 20 years ago maybe more than that trying to fix it one time and you You know, I'd like to know a status of where we are on this drainage. It looks like uh it absolutely is going through his
yard and out where there's no easement that I know of, although when the developers built it, I'm sure they told us they had an easement there. Um so, where are we on this staff? >> We did a lot of research on this
property from um our engineering folks. Um, and there's historic flow that uh goes there were some documents back to the early 1930s
through 1950s that showed this was the drainage um historical flow of the drainage in that basin. Um, we had a great meeting with um Mr. Fitzpatrick, very cordial meeting. Uh we explained that that was
the city's position to this point was that that's where the waters has fallen historically. Uh yes, there was some drainage structures put in under the road at some point when the road was built, but there best we can tell there is not a recorded easement, but due to
you know we presented some facts from um um court cases from statute that says historic flow has to be maintained. And so as was our opinion and opinion of our engineering and staff that that has
that's the the situation there that is it is the um point of relief for that whole drainage basin has been for many many years. Uh so that was the conversation we had with Mr. Fixpatrick. I did speak to him earlier this evening and told him that if we went, you know,
if uh B was the direction we had, we would certainly work with him from a staff position to help, you know, facilitate moving um you know, his permits forward and helping in any way we can, but um that was our position. We certainly take guidance from council if
you have. I know that we have in fact applied for grants for storm water mitigation and gotten quite a few um down at the end of uh not beach but where the army rest camp is. We've uh we had to fix all of that
drainage once already. So my question is are there grants available and can we assist by applying for grants because this is a storm water issue. We can certainly check into that and if
there are some indeed available, we would certainly make an application for them. >> And can we also come to some kind of conclusion of what it would take to mitigate this issue? In other words, what can we do and what would it cost? So, we'll know what kind of a grant we need to apply for.
>> We'll get our engineering staff to take a look at that. >> All right. And you know, you say you'll do it. I won't bother to make a motion, but >> that'll be fine. We need to see what we can do to help this gentleman. >> Yes, sir. >> And then with that, Council Schmidt, do you have a comment on this? >> No, just Ditto. Mr. Mr. Destin there.
So, >> yeah, >> that's fine. >> All right. Councilwoman Abear. >> Thanks, Mayor. Um, thank you. I appreciate both of you bringing this up about um Mr. Fitzpatrick. I wasn't at the last meeting, so I hadn't heard about this. So, when I saw this tonight,
um, and I I really don't want this to be something that it takes the staff two or three weeks to figure out because we're going to have rain and so this is a problem and he's obviously trying to get an answer whether we're going to do something. If we're not, we need to let him do something and we need to push his
permits through fast so that something can be done sooner rather than later. So, like Dewey said, I know we're not making a motion to make this happen, but I would say we need to do this expediently. Jeff, check into Grants, find out, you know, tomorrow if there's
anything. So, we're not waiting two or three days to tell him, "Yeah, I didn't didn't see anything out there." This isn't going to fall into it because of the size or the scope or wherever it's at. Try and help this gentleman get this taken care of sooner rather than later because he's obviously already had to
wait two weeks because of the last meeting when he brought it to us, which some of us weren't at. So, um, and then [clears throat] beside that, the other thing I wanted to speak to was, um, thank you to the team here and the mayor at the BOCC meeting today. I felt like
we were there well represented and I feel like being there made a difference with the other commissioners because I too felt like it made a difference because I don't think they understood how much disinformation and how much Commissioner Palmer is saying one thing
and something else is coming out when he's dealing with each of us one on- one. So I I just feel like we might have a better chance with all the commissioners realizing this is something we want to do as a team. we want to work together and get this done. Um, and like I said, that's that's my
thoughts on that whole day today. Thanks. >> Well taken. Uh, Councilman Schmidt. >> Yes, sir. A few things. Uh, speaking of TDC, for what it's worth, I know these two aren't here at three. Um, I have requested a TDC representative, Miss Adams, to come to the city council
meeting uh, multiple times. Um, it got busy. It got busy, so they weren't able to make it yet. Uh, we have followed up about them coming. So, um, I know y'all, some people have been asking me a lot about getting them to come. They're still not on the on our calendar yet,
but we we've continue to try, right? Um, I want to say again, I think Dr. T sent out the invite, but I will also please to extend it a personal invite to the opening day celebration on March 7th. I know we have some grandkids possibly
involved as well. Um, if you haven't seen yet what the public, can we say public private partnership? Is that a public private partnership? >> Public public. >> What is happening up there with the work of the city parks and recreation department, the public works department,
the city of Dustin, the Dustin Little League, and community members is being a worldclass facility if you haven't been by yet. and it will blow the socks off of you when you do come. So, I hope you can
make it on March 7th, 10:00 a.m. Uh because we would love to recognize everybody. [snorts] Staff members have been invited, too. But if y'all can make it, definitely try to make try to come by around 10:00 a.m. that day. >> Do you have a bus to get us there? >> So, you know, it's funny you say that.
We really do try to mitigate all of that. We have a shuttle system from Destin Elementary School where the parade is going, but we also ask people to park. So, we utilize Dest Harbor Hollers to do a shuttle system between there and the park. >> Yeah. >> I wanted to let you know I would love to
have been there, but I've already committed to a United Way fundraising function that morning at 10 a.m. So, >> you still can come by anytime. >> What time? >> That's 10:00 a.m., but we'll be there all day. >> I'll be there afterwards then. >> Thank you. Um, I wanted to bring up the Mr. Buckingham brought up the Destin
Elementary School situation. Uh, and I spoke to him and I've spoken to many other parents, too. Uh, I mean, yeah, that was me that led that charge, so I will take blame, credit, whatever you want to call it. Um, you know, I guess I'm the champion or
the the legislative sponsor, whatever. Uh, we're trying to make it a safer place for people to park, trying to make it a safer place for people to drive. You know, there was complaints coming in, not only about speed, but about illegal U-turns from the people that are
parking, but then are doing fivepoint turns to get the opposite direction instead of just go. So, he's not wrong. You know, it'd be nice if people could park there and just walk their kids in. Um, there are options. People can go through the car line. People can park at
the church on beach. They can walk. There's a lot of options. So, I don't discredit what Mr. Buckingham and some of the other parents that are upset are saying. Um so sure if if there's future ideas that we can maybe talk about paving parallel
spots. I mean maybe that's an option. But um at this point in my opinion there was safety concerns. We put signs up. Staff put signs up said don't park here. Well guess what? People
didn't read the signs. [laughter] So, you know, you have to just keep taking it to the next level. And right now, it's I I believe it's posts and rope that looks nice. I mean, it does look nice. >> Um, and if if there's other options, I'm I'm open to hear others opinions at a
later time whenever. But, um, I do think when they open up the new section, uh, that new beach drive will be the new pickup drop off area, which then would
lead to the entire Kelly Street side, I'm just assuming, being open parking without a car line in there. >> Yeah. >> Yeah. >> So, he's right. It's temporary, but, you know, this is what we got right now, I think. So, I just want to let everybody
know that that's Kevin Schmidt that did that. So, >> um, >> it's okay. And, uh, yeah, you know, thank you all for the support of the Calhoun property. And I know others aren't here. I know it's only one hurdle, but with everything that we've
talked about over the years in this council and in the city vision sessions, uh, acquiring additional land that's already attached to our park is something I think we've all talked about is a good thing to do. And so I hope
that it can pass the next hurdles, but I think we uh I think we did a good thing tonight by doing that. So, thank you'all very much. That's it. Thank you, Mr. Mayor. There was something, thank you, mayor. I wanted to say um for all those that emailed us asking us to um push forward
the Threadgill parking option for that piece of property, it does make a difference when you email us. It does make a difference when you get involved and ask us to help you get something accomplished. So, those of you that are watching online or listening online, I
got the 97 emails and it definitely made me push forward tonight and find out that we did have the money and it does make sense and it's the right thing to do. So, if you can't be here, let us know what you want because we can definitely help you because that's what we're here for is to support you, our
citizens. >> Wait, you said you listen to the constituents? >> I do. >> Oh, man. What a what a concept. What a noble concept. >> [laughter] >> quit hijacking my meeting. All right. Uh, one thing I'm the post and do we had did we get a cost of what
I know it's probably just something that we put together. Um, the post and rope over there at Kelly. I know it's probably just I'm coming out of left field here, so I don't expect a real answer. My my where I'm walking this is it looks nice and I would love to see something like that over at Crystal
Beach. Um, just put under my name for next meeting. Uh but if you go down there, we have probably about 30 no parking signs, towway zone. And it just, you know, it looks so much nicer than like 40 30 metal signs saying towway
zone every 20 ft because technically that's what the sheriffs need to enforce it. Um I know we're just asking you to look under another rock uh for funding, but that is where I went with that uh conversation. So, yeah, some kind of nautical theme versus every 20 feet,
don't park here or we're going to tow your butt. >> Um, that would be amazing. Um, other than that, um, Mr. Fitzpatrick, thank you, uh, for not only bringing a issue, but a solution. You, uh, I am not an engineer and so I I apologize. No, I don't apologize. I appreciate learning
while we learned at the staff level. I showed up really because I knew I'm not a voter body up here, but I really actually just was curious how we handle things and how this water mitigation thing works um just for a better breath of my knowledge. So, thank you for not only bringing a concern but bringing a
plethora of options and consideration. So, I just want to say thank you for being a good partner and a good steward and a good citizen with us and as you uh work through us with this. So, just I want to say that. Um, other than that, I couldn't be more proud of this team, the city. Uh, who knew we just needed a good
issue for all of us to rally behind, uh, to really be team Destin. Um, so, thank you for everyone who participated. The we are just beginning. I'm sure there will be letters to Congress and letters to the state house and senate. And so
this was just the very first of many uh proactive and reactive public engagements with our delegate uh our county uh commissioners. So just thank you everyone for collaborating and making that happen this morning. I think uh the county commissioners were
probably No, I won't go there. Otherwise, uh we'll go on to Kim. We'll leave it on a good note. Oh, Councilman Dustin, >> one comment on uh putting things in the road right away to keep people from parking. Our city rightway protection
ordinance prohibits putting objects in the rightway that are not frangible. So, we need to at least make sure that we're not putting things out there that violate our own ordinance. And I would caution the staff to uh to look at that issue and and to remember that the only
way this council could take an action is through a motion. >> So >> I I just asked to put it on my name for next >> and you can. I just want to make sure that we don't violate our own orders. >> Oh, yeah. No worries. No, I'm not I'm not trying to be a councilman. I'd run for it if I wanted it. >> Oh, and [laughter] maybe you should.
>> No, no, I like this position. >> You like that one better. >> I want to be the rahrh. You guys, you guys bring the uh the knowledge. >> Thanks. [laughter] >> All right, with that, Miss Comp. Oh, I'm sorry. Yeah, >> that's okay. Thank you, Mayor. Um I have two executive sessions to call tonight.
I know there's only one on the agenda, but um a subsequent matter uh needs to go to council and that just arose on Friday after publication of the agenda. So, I'll announce them both, but there is going to be a decision for council, and that is whether to have both of them
on the same night. Um, [snorts] we could have them both on March 2nd, one at 5:30 and one at 5:45 with the regular meeting to start at 6. Of course, if anything goes over, it's okay. It will just push each one back.
Um, we can do it that way or we can have one at the first meeting in March and one at the second meeting. >> All right. Anyone have uh >> I propose like 5:15. >> That's option two. >> I think I would like to have them at the same time because we have to get all of
our uh outside people involved into that too and they would only have to come one night. >> I agree. >> The clerk and everything 5:15 and 54. >> Yeah. >> Okay. All right. Then I will um announce them that way. So
>> second. So the first one is a call for an executive session pursuant to section 286.0118 Florida statutes. I desire the advice of the city council in the case of Christopher Ross Mercurio versus city of Destin 2022 CA 3170 in the circuit court
of Okaloosa County Florida. I am calling for an executive session to be held in the city council chambers at the Destin City Hall annex 4100 Indian Bayou Trail Dest, Florida 32541 on Monday, March 2nd, 2026 at 5:15 p.m. Central or as
soon thereafter as the issue may be heard. Um, the second executive session, uh, pursuant to section 286118, Florida statutes, I desire the advice of the Destin City Council in the case of Carissa Harbarger, Rainbow Frost Ice
Cream Incorporated, Ronald Ellison, and William Ellison versus City of Dest. That is in the US District Court, Northern District of Florida, Pensacola Division, case number 325CV00550, MCRZCB. Um,
I am calling for this executive session to also be held in the city council chambers at the Destin City Hall annex 4100 Indian Bayou Trail, Dustin, Florida 32541 on Monday, March 2nd, 2026. This one at 5:45 p.m. Central or as soon
thereafter as the issue may be heard. Present at both of these executive sessions will be the same group. A court reporter, Mayor Bobby Wagner, city council members Kevin Schmidt, Tory Guile, Teresa Abear, Jim Bagby, Dewey Destin, Sandy Traml, and Rodney Braden, city manager Larry Jones, litigation
council William Warner, and myself, Kimberly Romano Cop. Thank you, council. >> All right, thank you for that. And with that, uh, I see nothing from the council. Public comments. Second bite of the apple. Just want to make sure everyone knows that that special evening we need to have a birthday cake because Tamara's going to be here a long day on
her birthday. >> It's her birthday. [laughter] >> All right. Public comments. Yes, sir. >> There better be crab cakes left. That's all I got to say. [laughter]
>> Yeah. Three minutes. Just push the button and the floor is yours. >> For the record, Alan Osborne. Uh, one one comment I want to let you know. I was recently in a court case in October and the judge and Larry's called me an expert before. I'm very involved in land use and the judge told me and all the
lawyers in there at the end of the case that he considered to me to know more about that than anybody in there and I've got that on the record. So, I will tell you this, somebody asked me to look into this gentleman's situation or whether I could take a position on it legally. And I will tell you my opinion
is that this man didn't cause it, but he's the receiver of a few sins of the past that we don't know about. So I would encourage them you guys to work with him because he certainly didn't cause this situation. And I have read the topographical maps back to the 30s.
I would he wants to give you a good solution. He doesn't want water pollution. He wants you to work with him. Work with him so y'all don't end up in litigation. Uh the second thing is I I want to go back to the uh the meeting today. I disagree with you Dewey. Once
you're interlocal, you're done. You're never going to renegotiate that and we're done. I think you have the strength and I think you have the momentum and I think you have the facts. Mr. Palmer lied. If you're watching Drew, I'm glad to debate you anywhere and you didn't answer my email. Okay.
So, also I sent him a video of what he did wrong. So, I'll send him one today, too. I'll make one for y'all. But I would I will tell you, stand tall. You don't go back and renegotiate after the boxing match is over because you're going to lose. And let me ask you this.
Everybody raise your hand that thinks that that piece of property is beachfront on the Gulf of Mexico. Y'all live in Destin. I say right off the county lied. It's the first paragraph they wrote the state of Florida. I have a public records request I did through a lawyer and me and I have all the
documents. There is nothing that says that they're in charge of it. There's nothing that says he is. And they selfappointed themselves to go work with Gry. These things on there. And he took a $6,000 donation from him. A So listen, he ain't got nothing. Drew,
you ain't got nothing. If you don't keep it up, I'm going to run against you. So stand tall. I know what y'all did your motion. You ought to take your public comment in the middle of the motion because what if one of us knows something that you didn't think about? Maybe you should change your policy.
Don't you want to hear it right then if we got something that matters? But like I said, work with this fella. Great job on Threadgill, but you're too weak on that. Don't make that motion with three of them not here. Come after them. Sometimes when you're in a fight and you
know you're going to win, it don't matter. But he has taken the wrong position. Listen, the constitution is important. The grassroots of this country will either be saved by us, the people,
because it won't be a damn politician at the state or government or federal level that saves us. It will be people. Remember, the militia saved America and started it. It wasn't politicians. We didn't have any. So, and I and I'm a and
I I'm a tree hugging person, too, even though I'm a a Republican. So, I'm all about water quality. So, I'll support you on any of that. Thank you. >> Thank you, sir. Anyone else? >> Councilman Dustin, you have something? >> I was just going to say the motion was to bring that issue back to the next
meeting. Mr. Osborne will have his opportunity. >> I misunderstood. >> No, we didn't vote except to bring it back. >> There you go. There you go. I love him. >> And an interlocal is a contract and would all be bound within it. >> Yep. >> Yeah. All right. >> Yes, sir. >> Just one quick comment. I know
everybody's trying to get out of here. Yeah. I appreciate, you know, council's attention to this matter already thus far. Uh, you know, just for the record, uh, you know, I've held that property for four years and only have come to investigate that over the last 6 months and understanding actually what's
happening to the property. Councilman Dest, I've gone back to 1980s through Destin's public archives recognizing your name and all the discussions and the development of Indian Trail Estates. Route the water here. Discussion of Indian Woods. Route the water here. The
acquisition of the airport property. 3.37 acres purchased by the count. Where's that water going? Directly onto my parcel. I showed you clearly in an image. There's nowhere else for that water to go. So, I appreciate your appreciation. >> We appreciate that. >> Yeah. So, thank you very much for
everybody's attention and I look forward to a quick resolution so we can put that behind me. Thank you, sir. >> Thank you. >> Yes. >> Carrie Harbarer, 307 Mountain Drive. So, I'm going to make a comment about that lawsuit and I'm gonna I understand but
I'm gonna say >> mediation is confidential. I understand that. And let me just say that I wouldn't be here for the most unbelievable way that my city handled code compliance and the most it's so I'm on a gag order because it's the most egregious unfair thing that has happened
to me. So, while you guys are going to vote on it on March 2nd, I'm sorry. I got bullied. I'm going to say I got bullied. It's the done deal. But it doesn't solve anything because you see once the ice cream war is over. Well, why didn't the city act before the ice cream wars got stupid? Well, let me tell
you what's not going to happen come March 2nd when you guys sit in your whatever you got going on for your I'm upset because I've been sitting here all day waiting for this to go down. So, it does not solve the issue of what's going to go on the beach this summer. Nothing
is resolved. That case isn't even going to go in front of a judge until 2027. So, I'm sitting out another season because nobody addressed the issue of what really got us here today. So, >> if you're asking council not to approve
um >> I'm not asking council not to approve anything. >> It is not a done deal. It is not a done deal. >> What I'm saying is >> a deal. >> Whoa. Whoa. What I'm saying it's not about the deal. It's about the future. We didn't resolve anything. I'm going to
settle with you guys and there's no good faith here because what's going to go down this summer is the same crap that's been going down for two years. Nothing's changing except for we're settling. You guys powdered my little booty right on down the road and out lawyered me with my taxpayer money. That's exactly what
happened. Oh yes, ma'am. Yo yes, ma'am. You guys got to hire lawyers at my taxpayer expense. That's exactly what happened. Am I right or wrong? Am I stupid? You guys hired lawyers. You got I showed up everything I went to. I showed up with a fleet of
attorneys. Five attorneys. >> Ma'am, I'm gonna warn you that there are state laws about mediation that the mediator described to you at the beginning which talked about >> No, I'm talking about every issue I've dealt with with this. >> This is appropriate first of all. Second of all, I think we tried really hard to work with you. I'm going to leave it at
that because that's all I can say right now. >> We didn't resolve the issue. And third and third there is other litigation pending where the city is actually suing the other vendors. >> Well, that's a year away though. So what happens this year? This season we're all
in the same boat. >> One is going >> forward. That one is >> I understand that. But we're all in the same boat this year y'all. I gave up three seasons of income and I'm not I can't talk about lit. I get the gag order but nothing is resolved. We are
going to walk in because this is what I'm told. Well, the city wants this resolved. The city's tired of the ice cream wars. Well, I am too, but nothing's resolved. We're walking into March gonna have ice cream wars, guys. I'm just going to forewarn you. They're going to be on that beach. They're Am I
right or wrong, Kim? Help me out. Am I right or wrong? They have another year on the beach. >> You're wrong. >> Okay. Definitely wrong. >> Definitely wrong. Tell me how I'm wrong. Can we do that off com? If you can wrap that up for a couple of comments. I'm
sure the attorney will engage you after if you want to talk detail, but if there's anything in addition, I I'm giving you a couple extra minutes, but >> I don't want to go back and forth. >> It's not that I don't want to settle. I do, but we I feel like we didn't resolve the future issues. We're still going to fight this year. And it was very clear
to me through the mediator, they want this res. I do too. But it's not going to be resolved if I step out, if we go out there and march and all that drama is still going on. And then I had read made recommendations that the council perhaps do what other municipal and I want to say one thing about Kim. She has
been truly the only person that has worked the hardest to get the city out of this situation. I'm just going to say that right now. Nobody has not worked not. She's come at the her staff has been unbelievably like they don't Why do we have a city attorney? We don't listen to her. Nobody listens to her. She'd
have ended this drama a year and a half ago, but nobody listened to her. So, I'm sorry if I aggravated you because she's been the only driving force to try to make this go away. But what's not going away is come March, you're going to have 11 carts on the beach again. Unless I don't know something, then I'm wrong and
I apologize. But this issue is not going to get doesn't even go in front of a judge until 2027. >> All right, with that, thank you for your public comments. >> That's it. >> I gave you five. >> We're not going to resolve it then. >> I gave you five minutes. I gave you almost double. I I appreciate the passion. I I can empathize.
>> You're kidding me. So my really this all came down to three minutes. >> Yep. >> Yes. And I give you five. >> I mean you can engage us. >> I'll sit down and I'll respond to council >> based on your comments. I'll respond on the future for this 2026. >> I'll respond to council. >> That's what I'm wanting is a response of
the 206. >> All right. Thank you, ma'am. >> So, uh, mediations are confidential. We're not going to be able to talk about what was discussed in there under state law. It's not a city gag order. That is the state law. Take it up with the state legislature. But um but we certainly
don't walk out of uh mediations, I will say, unless we believe uh both parties are um wanting to enter into an agreement. And if they're not, then then we shouldn't do that. But we can talk about that another day. As far as enforcement on the beach, uh the city
intends to fully enforce the city codes. We are in litigation over it. We have sued the other vendors. I believe that all of them have committed to us that they won't be back other than one entity which is certainly different than prior years with the remaining entity. That's
the one that we will be continuing to proceed in the litigation with. I don't know the exact date that it will go before a judge yet, but we're certainly proceeding in that litigation. There's nothing paused and we're moving forward. So, um, with that, all I can say is code
compliance will be enforcing the code until a judge tells us otherwise, and that's that's where we're at. Um, and if we're done with that issue, one other piece of litigation, I've sent you emails about it, but we did file the motion um for summary judgement in the
Marlor for for closure case. Um, we have about 40 to 50 days before we can proceed on that. That's under state law, too. So, we'll keep you posted on that one as well. Thanks. What about his front yard that got all messy again? >> That's the one. That's the one.
>> Yeah, but I mean he didn't we have code like saying put put it behind the fence [clears throat] and now it's all back out on the street again. >> Are you asking for a staff? >> I'm ask for staff report. His code now enforcing that they're in the right of way with all of his appliances, trailer,
all the junk that used to be behind the fence has now crept back out onto the street. >> Yes, to the degree we can. It's I mean it's it's not pretty. Uh we go sight, we sight, we sight, we foreclose and uh um
we certainly will continue those efforts. I wish I could give you a better answer and say we could go make it go away tomorrow. >> And and remember that property is homestead. >> So we're not going to be
>> that property is not going to be sold at a foreclosure auction. We can only get the adjacent nonome homestead property at that sale. So that the only property subject to that foreclosure is the vacant parcel which does not to my knowledge currently have access. So we're going to have to deal with that
issue if we end up with that property but we'll get there >> with that. So the the dayto-day special magistrate fee is on his homestead property as well even though we can't foreclose on. >> Correct. Correct. So it's it's continuing to acrue today. It's still
going at the same daily fine every day um because he is not in compliance. has never been found in compliance and so that's why that lean is still acrewing. >> Got and to a discussion we had earlier I don't know the family history and chime in if it's just a I'm assuming what
would happen is once the man passes [clears throat] away or moves on or whatever once it's non-h homesteaded or if it's then transferred then we could take action for the lean. I just don't want to get like this idea of like a
pity so story of the inheritance person coming in and oh god well it wasn't me. >> No no no if we when we foreclose the lean the lean will be gone. >> The lean will be extinguished. >> Okay. >> Now that is for the other property if this property
>> remains out of compliance. The city can bring a new case. Um >> so he he still has incentive to clean the property anytime. >> Okay. Gotcha. All right. Thank you so much. >> Yes, ma'am. >> I just had a question. How of How often are we notifying of that lean?
>> Notifying him? >> Yes, >> that would be a question for staff >> or the family that >> staff, how often are we notifying for that lean? >> I don't know off the top of my head, but we can look into it. >> I know that the code compliance manager under Dave has been out there um as
recently as last week. He's been he was out there the day I filed the motion and a week before. So, I know he's out there and if he sees the property owner, he will certainly talk with him. However, I will say I don't have for most property owners in the city, I have an email or a
way of contacting them and I do not have that with this particular property owner. In fact, even in the lawsuit, most things are served via email. With this, we are using US Postal Service. So, >> all right. Any other public comments?
All right. Seeing none, motion adjourn or not motion adjourned. Meeting adjourned.