##VIDEO ID:1590GMyogok## e well good evening everyone thank you for being here tonight is October 7th and I welcome everyone to the Dustin city council meeting up first is going to be the invocation by Pastor Kevin from the Grace Lutheran Church thank you so much for being here is if everyone can please rise in the of the father son and of the holy spirit amen gracious God heavenly father from you comes all due authority over the Nations and states and cities of the world for the punishment of evildoers and for the praise of those who do well we humbly ask you to graciously regard these your servants in our city of dtin these who make administer and judge the Affairs of this city look with mercy upon them and Grant them to Bear The Authority that you've given them according to your command Enlighten and defend them and give them wisdom and understanding that by reasoned and Peaceable governance your people may be guarded and directed in righteousness quietness and unity protect and preserve their lives that we with them may show forth the praise of your holy name we pray this in the name of of him who reigns with you and the Holy Spirit one God him who is fully God born fully man also to live the perfect life to Die the perfect sacrifice to rise from the dead the perfect resurrection and life your son and savior from sin ascended to heaven and to return again the last day to judge the living and the dead even Jesus the Christ amen the grace of our Lord Jesus Christ the love of God the Father the communion of the Holy Spirit and abide with you amen thank you so much for being here all right councilwoman abor with the pledge please join me with your hand over your heart I pledge aliance 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 all right please be seated um I think that's yours all right so with it being a full house uh I just wanted to go over a little bit of uh some housekeeping rules we're going to be going into the when we go into the public comments please know that we will have a separate public comment for the public hearing so if you're here for 5A or 5B that's going to be the Livery in the Billboards please hold your public comments to those public hearing uh items specifically um so that's really all I have other than that uh public comments are your first chance to speak on any any other topic and then you'll have another time to speak at the very end of this meeting uh there is no open Forum while the council is uh deliberating and voting up here so please say your peace at your public comments on either the front or back end of this meeting thank you all right with that I will entertain a motion for the agenda or any substitutes or changes do I hear a motion I'll make a motion to approve do I hear a second I'll second Motion in a second while we are figuring out some it we're going to do a vocal roll call so councilman Stevens please come down yes yes I vote yes yes yes yes yes all right I have it unanimously so moved the agenda is approved we are going to go into a proclamation so I will meet you guys up at the front right thank you guys for being here I appreciate it all right brings you back to high school where the Teacher Calls on you and now I got to read a portion of the paragraph and here we go try not to mess it up all right city of Destin Proclamation American Cancer Society making strides against breast cancer of the Emerald Coast whereas breast cancer is the most common cancer diagnosis among women in the United States and it is the second leading cause of death from cancer among women and whereas in 2022 the United States had an established had estimated 287,000 new cases of invasive breast cancer diagnosed among women 43,2 women died uh because of this diagn this disease and more than four million women had a history of invasive breast cancer for where living with this disease who are living with this disease and whereas in 2022 the United States had approximately 2710 new cases of invasive breast cancer diagnosis among men and 530 male deaths due to the disease whereas the city of Destin publicly places its full support behind those who work in the field of mental health education and law enforcement and whereas the making strides Against Breast Cancer program is a 3 to Five Mile non-competitive work walk that has collectively grown into the largest network of breast cancer awareness events in the nation uniting committees communities with the shared determination in the fighting to end breast cancer and whereas the making making strides Against Breast Cancer program is United has United our communities in raising money to help the American Cancer Society funding breakthrough breast cancer research provided free information and support and help reduce breast cancer risk for allowing easy detection so that it may be more treatable and whereas the making rides against breast cancer of the Emerald Coast envisions a future where children no longer live with the the threat of BR breast cancer and whereas everyone has a fair and just opportunity to prevent find treat and survive this disease and whereas supporting making strides against breast cancer of the Emerald Coast movement will help ensure the American Cancer Society can continue fighting for the same vision now therefore I Bobby Wagner by virtues of the authority vested in me as mayor of the city of dtin do hereby Proclaim and recognize the month of October 2024 as making strides Against Breast Cancer month in dtin and encourage Destin citizens to help save lives through breast cancer screening by dedicating their businesses and their neighborhood to promotion and awareness in Pink as part of the movement and to participate in making strides against breast cancer of the Emerald Coast held at Northwest Florida State College in nville on October 12th 2024 at 9:00 a.m. so thank you guys so much I'll do a photo and then I'll let you guys talk so here you go awesome thank you guys for being here do you want to say anything thank you everybody for the proclamation love to see you out at Northwest Florida State College this Saturday at 9:00 a. I think that okay awesome all right thank you all right thank you for that all right we're up to public comments so again just a reminder if you're here for the Billboards or the Livery vessels you will have your own individual time to speak on that so with that I'm going to start with my right y'all's left is anyone here want like to speak for anything else other than those two comments jump in yep I'm sure there will be more after you um I just wanted to um mention I know the high school has a baseball contract here and it's I'm not opposing the contract I just think there needs to be some tweaks in it um I think there should be a review by both Council staff and the school every five years just to keep updated on what's going on on and where everything is um and I think what I didn't get from the um lease agreement was um is this only for the high school or are we sharing this I'm hoping you can clarify that in in the discussion tonight um and if we are sharing this one of the things that Recreation has struggled with is not getting the schedule in fast enough to be able to schedule anything else on that field so um if that's the case then I think we need to work on that too thank you thank you so much right anyone else that's all in the middle Shane knocking out the regulars gee thanks if I'm a regular put me a recliner back there um just really quickly uh I want to thank the city for letting us use this room last week for our ecar Destin chamber candidate Forum thank those of you that are up for reelection for participating in it along with the others who are not up for for reelection at the time time um who but who are running for office and big shout out to Tamara it was either one phone phone call one text or one email I can't remember which it was but it was one and she took care of setting it up for us so um I just want to thank the city for their cooperation as always on on that thank you thank you for your participation in that all right yes sir name address and the floor is yours just push that gray button so the light turns red there you go all right my name is Palmer Robbins and my address is 4368 Stonebridge road so I'm a junior at Dustin so I play baseball Monday or not Monday freshman year and sophomore year and I'm part of like National Honor Society the youth Council of dtin which he was the head of it and I just like on the behalf of all of us my teammates faculty and everybody thank you for even whether youall vote Yes or No cons even considering it to keep the hope my dream to play baseball in Destin as everybody before us decid to go to Fort Walton South Walton nville and all of that so it's just the one thing that like is holding us back from getting everybody from like Desa Middle School who we've been good at baseball is the field so I feel like just getting this I just appreciate it just giving us a chance that's all thank you thank you so much all right light s so name and address good evening mayor and Council people my name is Heidi Lo cisero MD's way Dustin Florida thank you for all you have done thus far to help our students of Dustin in particular our baseball team be able to have a home field it is very difficult to play other places and never really have a place to call home and if you're a Believer you probably know what a God wink is I hope Kevin is still here did he is he here or did he already leave so we wouldn't be here as Destin high school I'm the governing board president and we would not be here without most of you who were on the council when we came before you many times begging to help us start a high school you guys gave us the first money you gave us the first encouragement and ideas to build a school Kevin was Grace Lutheran where our campus sits I consider that I'm a Believer I consider that hollowed ground and for him to start tonight's meeting with a prayer unbeknownst to these students these baseball players the way he did I feel like what a great sign that is for the Youth of Destin to see all these things come right back together you guys in particular Lisa F which I'm sure she's back here and her team have worked tirelessly with councilman gues the mayor all many of you we've spoken to individually asking you to consider this for our kids we have a saying at Destin our cheerleaders could probably say it now it's we are Destin and if you come to a football game a baseball game A Chorus Event a musical extravagan that our students do you hear them say that right guys How does it go we are a little louder we they're a little tired they've been up since six for school we are destined that's what we want to be we want to be destined we want to have a home field advantage we want to play on our fields that we all are part of in this town I love this school I love these kids I love our faculty I know our baseball team has something special and I'm fine with reviewing the contract and making tweaks as we need be but I want to thank you guys thus far Lisa like I said for even listening to us and being willing to help us become Destin all the way around so thank you very much I'm going to introduce our new principal Dr Kelly because we've been wanting you to meet her she is going to come up and speak to you after uh Mr Williams our executive director is going to come up next and then he'll introduce Dr Kelly we're excited for y'all to come to campus and get to know our leadership team and see all of the incredible changes that have happened on campus I think you'll be very proud and for those of you who come to campus all the time I'm grateful and if I still have some of my three minutes right wrapping up well Bobby's gonna want me to wrap it up after this if y'all get a chance ask him what the Umpire the referees thought at the football game this week he was our celebrity coin tosser at last week's game and we're all out there with the captains of the football team and the the man's looking at his watch look us watching I'm like um are we going to toss the coin or what and he said we're waiting on your mayor I said that's him right next to you he goes that guy I said yeah that is the may he goes well he's goodlook I thought he was going to say young he said goodlooking I said I know we just have the best in destined so now you're definitely over 3 minutes yeah I told you it' be sad but thank you in particular for all the love you give to our high school we notice it of course thank you good evening Willie Williams executive director Dustin High School uh my address is for Creek Court Dustin um Bobby it's good to see you tonight to the rest of the council members thanks for having us this evening um we are excited about this opportunity um I I know that there's been some historical pieces that have not worked their way through uh but what I'm excited about tonight is that we have worked really close uh with the council with the parks and rec department and uh we feel like we're ready to get this thing across the finish line and just so as we come tonight I I've said it to the council before and I'll say it again a city that doesn't put resources into its youth doesn't have a future um and so I'll just beg that you think about that tonight as you uh consider the proposal that's ahead of you again we feel like it's ready to go across the Finish Line I love the idea of having a 5-year review requirement that is not in that uh so I I really do appreciate that thank you tonight um but um you know as far as the idea of this is not just singularly for Destin High School's use this is to be a city field but dtin High School is excited uh to come and partner with the city with a long-term use agreement obviously to put the funds in to flip that into a baseball field and so you know we brought out the whole team tonight we're excited to have everyone here uh we've got about 600 kids at the school this year we have over 70 employees at the school um lots of good things happening over there um 80% of our kids at the school have have destined addresses um and so I think that we do represent a large majority of the city when we come and we ask for things or ask for how we can partner uh monetarily obviously this may impact on some of the fees that you collect it may not we've talked about this uh again uh but we're also looking at opportunities that it may provide to the city even from a tourism perspective we may have the opportunity for people to come in and play different types of games here in Destin so again we're very thankful for the opportunity to be here tonight and thankful for your consideration of The Proposal I'd like to Dr Diane Kelly she's our new school principal and she's got a few words also thank you for your time thank you it's already on name and address it's all you well good evening thank you so much for allowing me a few minutes most of you know me I've had the privilege of working with young people in Okaloosa County schools for quite some time I won't say exactly how many years but I think your mayor knows and I think at least one other of your council members know how long I've worked with the youth in our Okala County but specific to Destin I really wanted to make two points and one is that I'm so excited to see the city of dtin support the young people of Destin because we all have one major goal in mind and that is to represent the name of Destin to the highest level of Excellence that is possible and I think you see that level of Excellence right here among you tonight and I will tell you most of you know this is my fourth school to be principal of and I can tell you there are no better young people here than you see here with us tonight so thank you for that one goal that we want the name Destin to represent us to the highest level of excellence and the second thing pertinent to baseball specifically you know like I do that baseball specifically is more than in a sport baseball represents all of those things all of those skills that it takes for our young people to take into adulthood specifically things like resilience things like experience things like teamwork and the opportunity to be seen and valued as an athlete perhaps even for scholarships so all of these things wrapped together really represent opportunity and the advancement for growth for these young people and as already been said by some of my colleagues the opportunities to see and be seen and to represent you to the best of their ability so particularly for baseball I'm very grateful for you for recognizing that it's important for these young people and for their Equitable opportunities for success thank you so much for your consideration tonight and before you go name an address yes Diane Kelly 11 Christen Circle nville Florida thank you so much thank you mayor all right shark are you up all right all right public comments continuing on anyone else other than all right seeing none other I will close public comments and we will move into the consent agenda do I have a motion I'll make the motion to approve as is all right with a second no second second Cosman gu all right I we're just going to run a little yeah we've got it oh okay oh okay great everyone Running Y all right I'm just out without a computer so call the vote and uh Ray will let me know what let you no you're good all right eyes have it unanimously so moved 70 go would it be the council's pleasure to uh bring the item up for the high school since they're here in mass and go ahead and deal with that before we get into the other items so they don't have to sit through some of that I can make that motion to make it official move it forward so it's the first item all right so I'll second all right we're gonna get a little loose with Robert's Rules and we're going to go ahead with it all right yeah we just approved we are we're making a substitute motion on the approval of the agenda um all right so any discussions on that seeing none we are doing a substitute motion on the agenda to allow for 4 d to be moved up after the consent would mayor could you do a recall on that one please I'm sorry say that again could you do a recall on that one please uh we oh oh we need a verbal recall okay yes yes yes yes yes yes yes all right thank you for that I appreciate that thank you Larry all right so we have the consent agenda we had that approved so now we are going to go to 4D the Dustin High School baseball field um city manager if you want to take that away then just hit that button here we go dtin High School baseball field U as you're aware we have worked with Mr Williams and those others at the deson high school on an agreement for them to use the uh dolphin field at the Morgan Sports Center for their home games and their practices um we think we have uh put together a good agreement and I hope that they will concur that we're all in accord that um that it meets the needs of the high school meets the needs of the cities um and allows us to use it allows the high school to use it exclusively during their um um season and the city to use it during the off seon um so we we think that's reflected in the agreement and uh we would recommend your approval um based on the conversations we've had and the uh good work we've had with the high school Representatives all right and with that is there any discussions or do I hear a motion move to approve the base field agreement for field D at Morgan Sports Center all right I have a motion do I hear a second I'll second all right with a motion in a second any further discussions I wanted to just is the fiveyear review part of this not no ma'am not currently unless can we make that as a substitute motion to add in that it' be a five-year review um based on just looking it over every five years because we may want to make it easier for them but every five years adding is a review to the motion all right and second second all so we had amendment to that all right any further discussion go on in yeah Kim I may have missed it but I didn't first thank y'all for everybody that worked on this I don't know who all it was but I think I know who it was the uh but I didn't see a termination so basically what this locks the school in is for 15 years they're going to pay us 10,000 plus 3% or whatever every year for 15 15 years there should be where is the severability where they can say hey somebody donated us 5 acres of land and we built our own ballpark or what I think you all uh just added it with the fiveyear review years if you want beyond that we can put in a termination for convenience but the issue was that the school intended to put in the Capital Improvements that they did and so they wanted to be assured use of it for a while at the end of the term the city will keep any improvements on the property saw that but they should have they should have uh since they're paying you know if somebody donates them a million dollars or 10 acres of land they should have the ability whenever not to wait on a five-year review or wait on the 10year review or whatever there should be so if parties voluntarily agree we could always do that there's a provision for amendments where the parties can agree to any amendments including termination however if Council wants to have unilateral termination I'm happy to add that in yeah I I would just as long as we're changing it I I would say they ought to have the ability at with 60 days notice or whatever the standard verbage is to cancel their their end of the contract they may get a better deal somewhere land money whatever all right any anyone else with discussion yes and I'm I'm glad to to step into the breach to help the high School uh with their baseball program I had one one caveat though that concerned me as most of you know we have little league tournaments in the summer or during the Spring in which we attract hundreds if not thousands of people here to play and so I asked uh Miss f is this going to impact our ability to have those little league tournaments she believes that if we make a slight modification on the way we're going to change the field that we can still go ahead otherwise we're losing 20% of our fields that we use for the Little League tournaments and so um if Lisa would you explain the the slight difference that you were telling me about how we can do both yes so we did um talk on this and the infield at the softball field that uh uh field D will be um will be putting grass in the infield of course to make it a baseball field and if we could just keep that um grass a little shy into the uh Baseline so that we can move the 90 foot bases that the high school needs to an 80 foot base when we need them for the tournaments and otherwise if we go as far yeah so if we go as far up with the 90 and the Gras go you know is just to make the 90 Baseline then when we bring the 80 foot bases in then they will be running on the Baseline but we did speak about that um so we hope that it's not in here but I think we can make that work if we have agreement that the school thinks that that's something that will not severely impact what they're doing then we have a deal mhm we're definitely bringing the Outfield will be ared 20 to 30 ft you know going further out but the infield is what we're talking about right and I ask you a question um council member Dustin what months does that occur because right now the agreement provides that the Dustin High School does not use field D at all during the summer during and Lisa is aware of what the time turn I was and I think it coincides with this all we needed to do is make sure we don't fix the field where it can't be used because we're losing 20% of our ability to to sponsor our tournament right and so if we do um what I just said we'll be okay and and the high school does know that during those um in the summer months if they need a place it won't be on that field because of the tournaments that are already on the field right need a modific to the site to the plans that are attached no I mean it won't be that much it would just be the grass would be a little bit shorter in that diagram as I think we're good with that uh probably just 10 feet anyone from the school want to speak on this or I kind of getting a couple head nods yes but I got the thumbs up from one okay yeah there we go head head coach mayor councilman thank you for having us uh no it's not going to be any impact all it's just saying the grass is shorter and there's more dirt to deal with that's pretty much all it is it's not going to impact anything as far as game playay goes great yep as long as your guys are good with that okay we're good with it all right okay City attorney can that go into the agreement I mean we've got verbal verbal agreement here is that going to be bu on the two parties I will talk with the school about how to articulate that I don't know what we just changed as far as the height of the grass and the amount of dirt but we will and then I asked Lisa if we needed to amend the plans and she said no so we will figure out a way but it sounds like um we all have the same intent so should be fixable that that sounds good that's where we need to go and then everybody can accomplish what they need got it I had one other comment I don't look at this as a permanent solution a permanent solution would be a new nice field somewhere um what we've done is we've taken one softball field out and replaced it with a baseball field which is all right in the short term I plan to make another motion when we're through with this to uh direct the city manager and the City attorney to approach the superintendent of schools the school district bought the as we all are aware a nice chunk of property from the Catholic church and we have the ability have shown in the past that we spent 30 years with the track and all the recreational facilities we put on the Schoolboard property that they cooperated with us to put on there since we paid for the facilities and they provided the land I would like to see if we can't go forward to have a real field for these folks with all of the things that come with a real field now it would be a field available to everybody in Destin but would also be their real home field with the kind of facilities that they deserve and I would be more than uh willing to have the city pitch in because we need more fields we don't need to close one type of field down to make accommodations to another so I'll uh I'll make that motion when we get through here to to send folks to talk to the school district awesome all right uh Kevin then Jim K you got anything you I thought that was from the first one I don't have the ability to knock them off the list all right you're good you don't have a computer yeah yeah while we're uh talking about how we can help them and they can help us um from my understanding we're putting uh 40ft poles in the Outfield to allow it to be a high school something so they can hit balls a certain height or distance and allows it to you know your Field's not long enough so you have to go higher something like that I believe is the case um all right so I think at Morgans we already have a field that uh has half of the Outfield that height So Lisa can you tell us why we don't want to use that that field it's already there um yeah I think it was kind of a mutual agreement with the high school and the city okay um the one thing about that field you have the track Which is higher than that uh is it a 20 foot field Ence field fence yeah higher than yeah so it's um the track is is higher than that we also have the swimming pool Splash Pad of that Motel I mean they're going to hit home runs and we all kind of looked at the three the four different fields um and then you also have the sorry you have the Pavilion and the Children's Park so that whole Outfield is pretty vulnerable to Children where the D Outfield we have a huge um storm wander Pond no big deal and then on the you know little bit of the soccer so we and also I think the sun right you kind of liked the where coach kind of liked where the sun was going to be in a are there um are there kidss playing uh behind right field on field uh D like on a volleyball court in soccer fields mhm okay yes gotcha yes now about on the first base and Third Base Line what I see this image here has steel poles going in what's the purpose of that oh safety safety yes you know you have the walking trail and you have um the batting cage um is the B is that the new batting cage that we're going to be that city building yes sir won't that be covered with a roof yes okay yeah do you think um on the Third Base Line Third Base Line you could get away without safety netting I just I was just didn't know I don't know I mean if we had to I I mean there's people all over the park at night um I mean we absolutely had to it's a discussion but we we' have to move it like if we had a program on field C that night and it was little kid soccer or whatever you know we'd probably move then okay and uh just for curiosity um a foul ball going over behind the back stop whether it's a high school or a 12year old is still a foul ball going over behind the back stop back stop yeah okay and we've never had safety nets installed in 20 years at Morgan's sports complex that is correct we we're hoping to okay gotcha um I'm so glad and thank the parks and wreck and Tor Mr G for working on this agreement with the high school um it'll be exciting to see Dustin high school will be able to play there um I think that's really really good and hopefully uh hopefully that works out for you guys tonight so y'all can be playing baseball there so all right councilman Bagby yeah I I just wanted bring it back to what what we're actually voting on so we're voting on what's before us plus a fiveyear review and we're going to leave the severability out of it and we're going to leave what was oh the 80 to 90 conversion uh the the grass right yeah we're going to add that or it seems like we're just neutrally going to move forward and they're going to handmer that yeah cuz what I think we're then what we we need to do is authorize you to sign that agreement once it's been approved because that I want to see the word I want somebody to see the words in that agreement as opposed to yeah we think we're agreeing to we're going to take 10et of grass and they think we're going to take 5et of grass or whatever and who's going to pay for all the you know so I would just have authorize make a substitute motion to authorize the mayor to sign the agreement with the changes that we've delineated here tonight all right I have a substitute motion I'll second that all right okay do you have anything else Council mest I just don't have the ability to take off the discussion list so anyone else have further discussions all right councilman King thank you sir and thank you all for being here thanks for everybody who presented and uh just your resiliency um and your relentlessness to get to get this field you know um I there was no High School in Destin when I was growing up here uh so I went to a school in Fort Walton and I didn't play football or I didn't play baseball all through high school but I did play football and we had to drive to a nasty High School across town to play football games um it was gross we had to ride in a school bus across town to play at our rival high school and uh and it was it was great but it was it was it was awful um there was green everywhere foul so anyway so I share the sentiment with you guys and and girls and you know I understand the feeling of not having a home you know um we played homecoming a couple times where uh Steve Rigg stadium is now at Fort Walton um but there was no it was no Stadium it was no there wasn't enough room for all our fans um it just wasn't it wasn't ideal and and so this this hits home with me um I know the feeling and and I think that you guys deserve deserve a really nice place to call home um I will be supporting the motion ever how we draw it up um and I would love me I think I one of the first meetings we had about this I can remember talking about you know if I were driving by there and and we all drive by there I drive by there multiple times a day you know if I'm driving by there and I see that inning and and I don't have anywhere necessarily to be I'll bring my I'll bring my family down there to watch you guys um you know I wouldn't where I whereas I may not make the walk going down Kelly Street all the way down there to the field where you guys have been playing um and so I think it's great uh every like I said every how y'all want to draw it up to make sure this is solidified um I'll be supporting this tonight so thanks and uh best of luck thank you councilman king Council woman neighbor I just want to tell you guys thank you for coming out tonight you've had a long day I think you can tell by the the response up here we care about y'all we want you to be destined we are happy you're in destined and um hopefully we can fix this annexation and get a lot more of you in those private neighborhoods into deson so thank you for being here right all right anyone else all right seeing none we have a motion and a second of the substitute add in the fiveyear modification and I get the privilege thank you of signing It Off all right we'll call the vote all right eyes have it unanimously so moved and before we move on thank you councilman guile for uh leading the charge for us I really appreciate you adding even more time to the volunteerism so thank you so much for representing Us in that negotiation as well as the staff and everyone so everyone around thank you guys so much and with that congratulations all right so mayor I'd like to make a motion that I referred to earlier please I can't wait for this one I'll move that we authorize the city manager City attorney to approach the school district to see about leasing buying renting whatever they want to propose enough property on the the property next to the school that they've bought so that we can build a uh baseball field I'll second that all right we got us first and a second any further discussions yes CC m I'm not against it I just want you to know that we did make that effort we met with the uh school board and their officials so uh it was something that we we attacked from the very beginning so it's not something that's going to be new to them but I mean if you want to give it a second shot I'm all for it you approached as button you approached as a the school I suppose will approach as a municipal government that has had ongoing contracts with them for almost 40 years now for the use of fields so hopefully that'll make a difference and I heard we had a Destin up there now batting for us yeah we need to talk to him all right all right so we're calling the vote on negotiating with the school on the Beach Drive parcel call the vote wait for what there we go oh he's mess them up when we come up with motions on the fly all right I have it so moved we have some arching orders all right so before we move on unless you guys want to keep yeah sit into the municipality of civil government and you guys get some extra credit uh if you guys do want to leave this is probably the best time to do so for the high schoolers we'll give you some minutes yeah come right hurry up like real quick though like all right Council stand up all right so it's going to be a 10 o'clock meeting now one more one more e don't get quiet do your all right guys we're going to keep going on so if you are still exiting please just do so quietly and hopefully we can get that much of a happy consensus on the rest of these agenda items yeah all right all right they're going to leave the happiness now we're really going to get down to civil government all right Larry take it away sir thank you Mr Mayor the next item is item 4A under city manager which is a recap of the debt issuance that we've been working on U Miss Crystal has some details that she's going to share with you but in a nutshell we went out for uh two solicitations one for a RFP for bank loans and one for an RFQ for uh the public offering on the bond market we had responses from both of those uh Miss Crystal will give you a synopsis of how those came in and the recommended um action that the staff would recommend that we move forward uh with one or the other um but U certainly at council's discretion uh to take the path that you would like us to go down but there are some options and um I'll defer to Miss Crystal to cover those options more thoroughly because you would be really confused if I tried to cover them with you all right fair enough all right M stricklin good evening Council uh mayor and council members uh so this evening what you have before you is the uh the results from the the request for qualifications for investment bankers and invitation to bid from the local banks um as you can see from the results in the packet uh trust Mark uh came in first place uh if you're looking to go the bank loan route uh they had firm prices instead of indicative prices The Firm prices that they proposed were lower than the those proposed by the other firms uh they also offered to give us uh no prepayment penalties whereas the others were make hole um the next part of the analysis I compared the three trust Mark options against uh a potential 20-year public public offering um the fiveyear with h over let's see it's amortised over 15 years but it's a a five-year term uh with trust Mark has a um a lower impact on the general fund than the other two proposals um the 20-year public offering has even less of an impact on our general fund and our general operations if we're to go that route um if you look forward into their other proposed options um the city general fund would have to come up with between uh 400 to uh $970,000 to make The Debt Service on one of the other terms proposed by Trustmark uh which I feel would be a very significant impact on General operations of the city and and I could not recommend those uh we also have online uh John Ford with Associates um to help us answer any further questions and I'd like to hear your comments at this time thank you all right all right so I am running blink does anyone have comments to start off discussion or motion yeah that's yeah yes does anyone want to bring up a motion all okay I move to negotiated a loan with trust Mark Bank Trust Mark bank with a term of 5 years and an amortization of 15 years at the proposed firm price of 3.48% First reading of the debt ordinance shall be scheduled for October 21st 20124 second all right I have a motion in a second further discussions on the tresmark bank loan jump on oh okay we got our screen back up all right coun Dustin I was uh wondering what the interest savings would be over the term of the loan as opposed to the bond issue I mean officially from our finan uh well we could estimate that right now at about $3 million uh the public market you know the this number is indic of you don't know until you actually go out to Market second of all with the trust Mark loan and that balloon payment in year five you don't know what interest rate you're going to get when you refinance uh at or before year five so uh but from the numbers that we have here it looks like approximately $3 million so about a $3 million savings if we can pay if we can make the payments that's correct but it would be at the risk of other services within our city suffering for not having enough um we'd have to take money from our other General programs in order to afford that level of debt service now in all fairness the 3% reduction that we indicated at our budget hearing would generate 600,000 that's correct and this would cover that payment wouldn't it this additional I mean so there's not other than the 3% reduction we voted on there's not a great deal of um impact on the general if we are able to maintain that in addition to the fact that we have a number of proposals to increase both uh fees recreational building we've got uh our proposals to do our new impact for traffic those all will be generating money correct some of which can be used some of which cannot I understand that part that's right um so if we were to choose for example the Tres Mark uh 10year loan amortised over 10 years U the general fund would have to let's see year one that's $976,000 year two it's about $817,000 so know that 3% decrease would not cover that full Debt Service how much would it cover about 600,000 of it if we could maintain it don't forget would that be 2/3 that's true okay and so we have 300,000 to make up and the point I'm making crystal these are policy decisions that we can make and will make and is our job to make to uh not have a $3 million Savings in interest in my opinion is a much more traumatic effect on general fund than those aspects now that's a policy statement and I would remind you that's what we do right but the funds that I'm committing are not General funds the funds that are not General funds are coming in over 20e period they're not coming coming over a shorter duration and that's why you're resulting in this impact on the general fund which you would not have otherwise okay the monies that I'm talking about the 3% reduction where does that money come from most of those are from the general fund okay so that does come from the general fund doesn't it and we can find another two or 300,000 that's what we do we set policies and reduce the overall cost of the City by $3 million it's really a no-brainer and that's why I seconded the motion all right councilman Bagby yeah so the reason I made the motion was uh in part because of the $3.3 million difference and what I what I hope everybody up here understands I'm I'm kind of sure you do but maybe not everybody in the room understands is when you go out uh beyond the 15-year point where and you speak spend the extra $3 million we have this is to finance what we have okay we bought Harbor one parcel we're taking out money now to cover that the cross town connector we're taking out money to do that in phase one of the undergrounding of the uh utilities along Harbor Boulevard we've already made those decisions and all we're doing is saying this is how we're going to pay for it the problem is is this puts us close to uh the max that we can go in debt and and still cash flow I mean we can go in debt if somebody will give us a loan but and still cash flow because we still do have some uh ability to downgrade the other services that we provide or raise the fees that we uh collect because there's no money in here to do anything with Harbor one other than get the sand so all these great ideas you know of moving you know making this I think the community cent no the city hall and putting the community center across the street and doing this big project on Harbor one where we do all you know you you need to temper your expectations of what we can do what we can afford to do and so I would prefer to pay this off in 15 years and you're right we run some risk that in 5 years when we go back to Market nobody up here nobody in this country knows what the interest rates will be like they could be lower but they might not they could be higher but we will have revenues coming in you know once the mayor gets all those properties annexed in and we will have other revenues coming in that we could use to do some of the going forward stuff so I I I like the fact that we're going to pay it off in 15 years I think we can pay it off you know as opposed to and I understand Crystal your point if we go the bond route on the recommended motion you know we're only paying 50 or less, per year out of the sucking it out of the general fund but we need to temper our expectations of what we can do financially and so the alternate motion the one that I made gets us through this as quickly as possible in the means that we can pay for it that I believe we can pay for it and obviously I think Mr dtin believes we can pay for it and that's that's what we need to do so that's that's the only thing that you know I I understand the staff's recommended motion and if I were in your shoes I'd probably do the same thing because that gives me the greatest flexibility with the general fund is to go the bond route but saving $3.3 million and five years uh seems like the the best choice for from my perspective thank you c m Crystal approximately how much per year do you think we'd have to cut into the general fund to pay for the trust Mark route so this one uh it it's 241,000 year 1 so it ranges um it goes down to about 100,000 by year five um and please keep in mind it at or before year five we will have to refinance uh looks like that's about $18 million that we would be refinancing at year five all right and and we we discussed something where you said it's a 5% deduct or 5% cut into a general fund at some point can you explain that a little bit I I don't think I quite understood that when we were talking about it earlier so if we went the uh the 20-year um public offering route that would take about 50,000 a year out of the general fund in the first five years um uh which is much lower um and more affordable uh $241,000 that would equate to approximately uh a one and a half% decrease in our overall general fund budget for operations okay thank you all right jump back in yep yeah the the other reason that I like this is we have the ability to prepay to pay early so if we come in into Revenue that or a revenue stream that we had not identified with the bank loan we can go ahead and pay it off early as opposed to the bond when you when they say the makeo whole provision what that means is we would pay them the 35 million to make them hold because that's what they expected so no sir if I may uh small I thought you said the bond issue had a a CO in the No loan didn't no all of the other bids from the banks all have make whole Provisions a bond in the public market they tend to have a uh a Redemption Clause at the 10-year Mark so you can pay off at the 10th year usually with no prepayment penalties but sometimes that's something you have to negotiate at the uh okay so we don't know on the bond we just know on the bank that's correct okay but you could also if you wanted to have the option to prepay it five or earlier uh you can pay for that option yeah my experience is when you do that they just raise the just a little bit just raise the interest rate just a little bit just in the case that you actually get to pay it off but they they still get their their money that's what the that's what they're in the business for I appreciate that so yes sir I have a master's in it I understand it very well thank you yeah slam I appreciate that that was a nice slam all right anyone else yes C Med Crystal did provide the difference in what it cost to do the Bond as opposed to a bank loan I think the Bond cost and we are guessing but it's pretty accurate it cost $350,000 to do the bond issue and to do the loan is 150 more or less so you're talking about $200,000 more to do the bond issue and as we go forward to the fiveyear mark you know we've just gotten to the highest interest rates we've been in a very very long time I expect we'll be trending down but in any event we will refinance at at the interest rate whatever it is so at this point the bond was actually what was it 5 3.6 versus the loan was 3.48 so the bond is actually higher now than the bank loan so all in all I think at least at this time we should go that route and I don't know that there's any prohibition of of us later on doing a bond issue if it becomes financially smart to do that so I will rightfully admit that this is my first time going through this process so in 5 years do we have to when we when we reup this is that $150,000 owed again yes it's 160,000 and uh yes we would have uh refinancing costs that would be approximate this or they could be higher by then okay all right say it would be 100 button I've refinanced a lot of loans does it say specifically that the refinanced amount would be 150,000 no we don't know what the refinancing amount is until we get there most of of this cost is uh on the city of dtin side this is our bond Council and our financial advisers and um well a lot of a lot of legal staff on our side Bond counsel and all the things that go along with issuing a bond are very expensive any any piece of debt um we need to have all of these opinions from all these different entities yes yep jump in C gal I'm sorry um something you said just kind of rings in my my mind you said you have a master's in this is there a reason you chose the bond versus trust Mark I mean you're the one that's the finance Director of Finance you're the one with the Masters in finance what's the main reason you you feel the bond is the best for the city uh again the the primary reason is the impact on General operations uh and trying not to use Adora money and trying to use all of those other funds that are more restricted uh that would better fit this purpose that was the primary reason uh the secondary reason is 162 $160,000 times two for you know this initial loan plus a refinancing pretty much equates to what it would be for a public offering which should include uh ratings from two different credit ratings would give the city a credit rating status thank you okay anyone else all right see seeing none I will call the vote all right 43 eyes have it we are going with our local trust Mark all right thank you Mr mayor council good discussion there appreciate the dialogue in back and forth as it's always good to have some good debate on those items next item is uh 4B uh is the uh fire district Dock and the boat slip lease that has been discussed uh on more than one occasion there were a number of questions that was asked at previous meetings and we believe we uh staff put their best effort in answering those questions and presented to you in your packet um but I know there are other questions tonight and we have staff here that that's and we'll do our best to answer those questions um on um what we use the boat for how often we use the boat there the advantages of having a boat slip at this new location if that would be the councilor's pleasure uh so with that um any questions that you may have we will do our best to offer some answers um in addition to what in your packets right does anyone have a motion present forward I move to authorize the city manager to sign the lease as presented I'll second it motion to Second any further discussions councilman Schmidt yeah I was just hoping that Mr uh Troy could tell us why he needs a boat slip over there I say he meaning code sorry good evening I was asked to provide some uh pros and or Pros on why I thought the boat slip should be over there um I think that was provided in your packet I'll go over a few of those um you know the security of the V the code vessel is something that we you know ought to consider um there is expensive equipment on there I don't believe there's a an adequate security system down in the harbor area where the boat is currently at um it can be easily accessed by the public uh we've had had people throw trash fash in the uh the boat before um the biggest thing I think is the Synergy there will be because we're often working with uh the sheriff's department uh FWC uh Destin fire district and having our vessel over there at the same time and it'll shorten the trips to Joe's Bayou when we have to use it to investigate I know there's obviously a lot of activity on the Harbor but I think it offers a happy medium and again whatever the council chooses we'll work with and yes so do you think it's um you said something about um the last statement you just said you think there's more activity for code to do outside of the harbor than the harbor I think I said more I didn't say more I said there was you know other activity we we do get a number of calls in Joe's Bayou um I know that's uh what kind of calls have you gotten from Joe's Bayou to use the boat for oh we haven't been able to take the boat out there uh we don't um well based on what you just said I'm just curious public asking me I'm just trying to resp sure I mean there are derc vessels we just had a complaint about a piece of wood floating in there that would maybe a serious Hazard to a jet skier um but had some jet ski issues uh with the no wake zone earlier last summer we had the commercial business and the slides I think were operating out of there so can the city of Destin enforce anything like that yeah pardon me can the city of dtin enforce that well you got that you got the legal Charters that are reportedly occurring out of there so so are you chasing them down with the boat you mean or well we can't effectuate a traffic stop but uh I mean if somebody's pulled over and stopped we could pull up next to them and have a conversation okay and then um you talked about the safety of the boat I mean I know there's multi-million dollar boats and vessels in the harbor um I guess they have better cameras than whatever we are using down there then CU they're still there and they're not trying to move but um do you need a lift at the new slip for your boat I think a lift is recommended in that area okay how much is that going to cost you think I'm not 100% certain gotcha we've got a couple of quotes one from the dist and fire district for $33,860 and that's from what I understand a lift that moves it up and down real fast so they can get out and go f a fire if they need to one for the Sheriff's Office their quote is about $177,000 so I'm assuming we're somewhere in those rank 20,000 bucks or so gotcha and how many um code uh activities have you done the past 12 months with the boat how many how many like uh citations have we issued to Legal operators to people that are breaking the law I don't know the number of citations issued but I believe we've estimated about 30 to 40 times that 30 to 40 times it's been taken out okay I appreciate you um I mean me personally people I've asked and spoken to taxpayers Destin I just I mean might not be a lot of money but it just um still hav nobody that I've been able to hear from can really explain why the city of dtin needs a co-compliance boat that's hardly ever even used anyways to be put over there um in my experience in talking to boter and Captain that say it's actually harder to park a vessel over in that area so if we have inexperienced operators on our boat I would be concerned with that if it's a city asset um last thing we need is for it to hit the pilings over there so um I can support doing it um I'm all about FWC Sheriff's Department uh that can really respond to law breaking issues like city of dtin has no jurisdiction at Crab Island I don't believe do we no um so for me it's just it's not it's not necessary um unless there was a really big need and I've yet to hear anything so but thank you for providing the info I just can't support it joshman Stevens thank you um couple questions um I guess this one's G to be for Lisa um are there any cameras over at Ro Melvin right now that can actually keep an eye on the vessel at this time no there are no cameras at Ro Melvin okay um so with the current boat lift that's at that City uh boat lift um I understand it belongs to the fire department and they're willing to do like a net value um sell it to us which should probably be a lot cheaper than purchasing the $33,000 boat lift that we'd have to pit over at the new boat slip my guessing is probably it's probably going to cost in the lower lower what maybe 8,000 I don't know what it would cost but definitely be a lot less just to purchase that one um and I do know that our water that we use we're hooked up to it I guess the question is with electricity um are we still paying uh the fishing fleet for the electricity um I guess do you all have any info on that if you're asking me I don't I do not know I'm not sure okay um I'm probably not going to support this just because of I feel like 90% of the usage is in the harbor um and every every so often you'll probably use it for Joe's and then something else for something for us to think down in the future if we ever do build the boat slips at one Harbor and we put a Harbor Master station there that could be potentially where we could eventually move our uh Code Compliance vessel all right uh number three councilman Bagby okay I guess we're getting all the nads out of the way I'm probably not going to support this well I'm not going to support this uh for both current and future reasons the the current reasons uh I would since we don't have exact numbers I would say probably 90% of the need is in the harbor and maybe 10% and some of that need that Joe's by you quite honestly you could do from the land side if if a you know outlaw pulls up and starts loading up the big party out there you just get out of the truck or whatever and walk over and go sorry you're not getting on today uh the other in the future even if we don't put uh the Harbor Master at one uh Harbor but we put the field out somewhere in the harbor which we've talked about before we would want the Harbor Master in the harbor and the boat in the harbor where where it should be and and that's our Jewel you know that Harbor you know our access to the gulf but the harbor is our Jewel not not Joe's Bayou Joe's Bayou is important for recreational and some fishing but you know individual citizen fishing but I I want to keep the boat in the harbor and part of me wants to say no we're not going to pay the extra cost of putting the boat at the fire district station Council M king Council MC G for me I think I would support this only because Harbor other than than the cost of property in Destin the cost of a a dock in Destin is outrageous it's probably the second most expensive thing in this area and we don't know what we're going to do in the future and it's the the cost we don't NE have to put a boat lift in there if we're just holding it for future future use or even just transient use where they just periodically park there and check on something so for me I think it it just makes more sense to have it just a plan for the future all right fa Point Council councilwoman abber um I'm in agreement with what Mr G's going directing not that we put code in that spot because I wouldn't want to spend the money to put a lift in but to pay what's the cost um City attorney monthly to have that as a a transient slip or a slip we could use is that I I don't know that we have a hard number but my understanding was there's no rent on it it's simply the pro share of the utilities which be the water and power and if we don't have a boat lift there's I don't know what power we're going to have so like 30 bucks a month worst case scenario average out it's around around there it's essentially a free slip except for our Prat share of utilities and it wouldn't be that okay we need to move code over there we could leave them in the harbor and that could be our slip and if we needed it as a transient slip having it as a backup I mean that's not what the agreement currently provides for the agreement currently does provide for a code comp for usage by Code Compliance if the council wants to use it for something else we can go back to the buyer district and make that request yeah I'm I'm not going to support a code boat nope and seven custom Destiny yeah I I tend to agree with councilman GS we're getting a slip for free they're worth about 122 to $1,500 a month in the harbor if we want an extra Transit slip we can use the one in the harbor supposedly those three are under our control so to say we don't want a free slip other than the utilities doesn't seem real wise to me yeah jump in okay so do we have to use it for code because I I understand we're Mr deson and yeah it's great to have this slip but I mean if we keep this slip must a code boat be in it the one on Calhoun that we're talking about or the harbor if we are talking about this lease it it provides that the purpose of the slip is for Code Compliance so yes that's what it would have to be used for as currently written but if you want us to go back to the fire district and ask for it to be able to be used for whatever we want including transient public we can ask I'd be more inclined for us to have it not locked in as a code slip if that's what the agreement's Locking us into if I might um make sure we're talking the same thing it may be a code slip but we're not going to have a code boat in it we don't have another boat to put into slip and I don't think we're going to rent it out to the public with if if I'm understanding correctly that if we use it it would be for the code boat but absent us putting the code boat in it we don't have anything else to put in it is that that's my understanding but I don't think the district would care if we were using it for some Municipal purpose that was also legitimate I'm sure they would go along I know or I feel they would not want us to put a transient slip there for the public and nor would we it would be inappropriate but we can put a transing slip for the public in one of our three slips on the Harbor if we want to use that for code or any other purpose so you know I don't think there's a great deal of restriction and that that frees up one more slip on the Harbor the way I look at it yeah I I was going to say something similar and that um if someone came to me and said hey do you want to you want a boat slip on the on the bay yeah um it's not going to it's going to cost you you know less than $100 a month I would not turn for my own intents and purposes like I wouldn't turn that down for any reason and I can't understand why we would consider turning this down as a city it's a it's a one year how long is the lease right now five years five years it's a five year lease we we've never had the ability to put a boat over there how do you know that we won't need it I mean the we're going to just turn down real estate like that it makes zero sense to me I understand all the concerns and I and I and I I get it um but it seems crazy to me and I and I I feel like if after a year I mean we're not using it I don't think there're I don't know it's it's hard to say but I don't see any reason in the world why we would turn down real estate like this and 12 to $1,500 is very conservative for just to correct myself it's a three-year lease but if the council wants I can request that we change it to any Municipal purposes if that it would be including but not limited to Code Compliance if that helps you I agree with Johnny I mean it's great to have free real estate I mean I wouldn't want to turn it down because it's not going to cost a lot but I don't want to be locked in that we have to put a code boat there that's what I'm trying to make sure that we're not locking ourselves into it being a code compliance boat that's not that wasn't my understanding at all I don't think that I don't think they're going to hold us to keeping a code booat there 25 out of 30 days a month I think that it's you know if we if we are not if we need it there for some reason for two weeks out of the month I think that's I don't think there's any stipulation that opposes you know that doesn't allow for that right counil Schmid yeah just a couple followups there Mr King um I mean one do we need it I mean that's what I was asking and maybe don't have very much Clarity from our director or what how do you know that we don't need it he doesn't have answers that we need it so that's why that's I'm taken from that um but then also Mr Dustin we're going to free up a transient slip in the harbor so are you going to buy a second boat or what how are you going to monitor the activity in the harbor if there's no longer a harbor boat there we have three slip we have three slips there right we have one code boat if we want to say one of those slips is transient which they may be used now we certainly can do that well I'm saying if we move it you said we would free up an additional transient slip which would be which would be very nice but then how are we going to utilize how are we going to enforce things on the Harbor with the boat I'm just saying we would have the option to have an extra one if we wanted to move it I'm not saying we even want to move it but as as we said earlier to turn down a free boat slip doesn't seem real lives and then citizens we we pay taxes to the fire district right Dustin and we pay and we pay taxes to the city of D so I mean in theory we're paying for it because well taxes from City of citizens of dtin paid Into the Fire districts and then they paid for the dock and the building and the property so you know addition to what they city of D also collects taxes from their citizens too um I mean the only other thing I would say though is do we have in the budget to buy an additional boat Crystal not after that debt issuance and then do we do we have in the budget to buy a lift I think we I think the answers are no to both of those questions so you know sure we get this magical awesome slip that now we have to put a lift in it and pay for that which we don't have any money we've just' been talking about our budget process is really jacked up but it's free real estate so let's just go ahead and get it I mean it's we don't need it don't need it to me and to people I've been talking to so I suppose since we're paying taxes as you point out then it's really our slip anyway and it would be foolish for us to buy something and not use it it's just take it all right I'm sure we're all moving each other's opinions left and right and we're on the button here is there anything else for the better of the order before we call the vote I do all right jump we got to learn how to clear those numbers but I don't have ability to yeah uh so I think because I'm a little confused uh I think um where Kevin is we I don't think anybody wants a codebot there that that's what I think I heard a majority up here say they don't want the codebook there and I understand the free real estate because if somebody's willing to give me free real estate I'm I'm willing to take it in this town uh although then we'd have to disclose it on our public disclosure form so I don't want your free real estate but the uh but the the the question I don't understand is for what so we're going to say we don't want to give up the slip that they off they have offered offed okay so you either want the city manager and City attorney to go back and renegotiate the agreement that is before us to say we can use that for a Civic purpose because the agreement before us does not say that so if you want them to go back and renegotiate this agreement and bring that agreement back to us then we need need to make a substitute motion or if you say we'll try it for you know a year and if we don't ever use it well you know if you tell me I have to use it within a year I can use it 10 times within a year you know I can go out once a month on my way to Joe's Bayou and then I can come back and park there and you know eat down on the Harbor or down the down the street there and then I bring it back into the harbor I what what are we doing with this because the agreement before us is is pretty clear what we're using that slip for and that's not what y'all are talking about so I I would say either from my perspective I'm going to vote it down or I'm going to vote to bring back a different agreement from uh the fire district that we have the City attorney go back and say any Municipal purpose second all right councilman dtin with the substitute motion for any Municipal Purpose with a second further discussion yeah just one one thing and when you bring it back you know we'll have a couple weeks here before we engage this again I want to know what that Civic purpose is because we have one boat okay one boat so if we're going to buy a boat and put it there and put one down the harbor or we going to you know let council members use a jet ski and park the jet ski to go check the fire department or what I just want to know I I get the the free it's a boat slip and it's ours but if we're not going to use it you know and they may have a better better use for us or for the that slip than us not using it for five years all right I'm going to call the vote for The Substitute motion all right I have it 52 so moved all right Larry yeah forc thank you um I think um next item is the uh u u clator Park Renovations contract selection uh as you know we went out for bids for that project we received six uh submittals of those six uh the bid committee found two non-responsive they those two simply did not provide all the information that was required and requested in the um uh requesting documents um so so of those four that were uh deemed responsive the uh proposal from Empire contractors was uh rate the highest and the most responsible responsive of the bids it was not the least expensive of the bids but we felt it was competitive and uh based on the history of of their experience locally primarily with the county and a couple of recent projects there that they brought in time and on budget um that we felt that this would be the most appropriate means to move forward as I believe someone said today that it was we did not want this to be Captain Royal Melvin Park uh part two so the idea is to get a a contractor that can move this thing timely and move it uh according to budget so it would be staff's recommendation that you approve their U uh recommendation with which would allow us to move the process to the US Treasury who has to approve our procurement process and the contractor um prior to us entering into negotiations for contract because they are funding about half of the project so uh your approval um would allow us to move it to the next phase in that process would move forward you have three options which one you that would be option one option two would be if you if you wanted to score them yourself or to have them come make presentation so option one is the recommended option I'll make a motion mayor to accept Mo option one that the city council adopt the uh scoring of the bid committee and direct City staff to negotiate towards a contract with the proposed ranked highest by the bid committee after the selection process has been reviewed and approved by the county and the US Treasury second right motion is second do I see any further discussions other than finally all right call on the vote alrighty We Are One Step Closer eyes have it unanimously all right Larry keep it Trucking a few announcements um I think that was our last item um you got an email earlier maybe last week from Dr Young regarding uh Pi services that were needed up in the disaster area of North Carolina uh we have began looking at that we've not made any decision other than we're going to wait and see what hurricane Milton does to the State of Florida that if we decide to deploy resources we think we'd be better serve keeping those Folks at home uh I can tell you that we do have uh a ray and Crystal Le have family down in that area so it would hit home to a lot of our folks so uh before we decide to do anything up north we're going to look you know closer to home um there's been discussion uh recently at Council regarding the Committees that we have uh we begin having some internal discussions with staff but we think at this time the the best um option to offer is that Ry will be sending out notices to the five uh council member appointments to all each of those committees that uh on nove on December the 2nd those appointments will have to be remade so we're going to ask those committee members to resubmit applications for consideration we're going to ask you if you know others that you would like to get in that process to encourage them to apply and um Dr Young will get it in our social media and other uh notices that we're looking for volunteers we need folks to fill these slots in order to make these committees effective and make them official and bring value to what they offer to the council so we'll be working through that process and uh as we go forward with it um we'll look for opportunities to create the most value for them to make sure that they are providing valuable service to you and the citizens uh the employees satisfaction survey we're working through that from a u uh what it looks like what we're trying to capture from it and and then we're looking for that third party vendor that would administer that and to capture the data and um and quantify it and bring it back to us in a meaningful way that that our staff remains Anonymous that they have some assurance that you know we're not going to see who sent what but we will capture good data and information to move forward um there was some discussion at the last meeting or I think it was at the last meeting regarding the Ballfield light recommendation from staff regarding figgy backing on a contract um we've had some I had some discussion with some of you regarding that process we're going to work on amending it some that um as oppos to bringing a recommendation that we either piggy back a goal in state contract which are allowed in our in our purchasing policy but to allow you to make that decision to say option A may be that we could buy in this instance there's an option of purchasing these lights uh with a piggyback but if Council prefer we'll go out and bids and then you make that decision as us bringing you a recommendation uh that we' go with a state contract or piggyback and we think that'd be a little cleaner and and make sure that you're involved in those processes prior to getting a recommendation before you um and quite frankly in that instance if you decide to go out for an RFP and we find out that the the state contract price was a good price we can certainly go back and purchase the from that it'll be a timeliness matter would be the only thing it take a little longer to go through the process but that's quite fine too um next week is a holiday for Monday um and it it wasn't as much as I like to say an executive order from the city manager's office but you approved that some time back so your staff appreciates that and that's all we have Mr I have a quick question in relation to the lights um with that process are we looking at um you creating information to bring back to us at the next meeting so this is not going to drag on because I know we need to get this done sooner rather than later we we will have an RF P for your uh approval at for your consideration approval at the next meeting Yes Man and we would have had it this meeting but we got wrapped up in some storm stuff over the last couple weeks so we got hung up so um but that's the plan all right and then uh Dr T yep got a couple more for you early voting for the general election will be from 7:00 a.m. to 7:00 p.m. from October 21st through November 2nd at the community center and um please note that does include a Sunday so that is accurate so 7:00 a.m. 7 p.m. from October 21st through November 2nd uh as we've talked about before the city and in particular a mayoral push is encouraging people to participate in the firat training and we uh that whole fire watch initiative is about preventing suicide amongst our community veterans and we are hosting an in-person training on Thursday October 17th at 6: p.m. at the library we're asking people to sign up ahead of time and we will have the firewatch experts coming in to do that training so if anyone would like to do that and sign up you can contact the city's public information office and they'll help you with that link and finally the city's annual openhouse will be Wednesday October 23rd from 11:30 a.m. to 1:00 p.m. that will be held at the community Community Center and we'll have a fish fry and live entertainment and as a reminder to those in attendance here tonight and listening that is free to everyone and we really it's it's all about Community camaraderie and coming out and learning about what the city departments and our uh various nonprofit Partners have been doing this past year thank you all right all right moving along 5A Kim can we take a slight break yeah ready you need some I appreciate you looking out for Ray all right we're going to take a five minute break e know she don't e fa e follow spe e e e all right where's my quorum it reconvene this meeting Kim take it away okay this is ordinance 249 LC an ordinance of the city of Dustin Florida relating to sign requirements for prohibited off- premises signs providing for amendments to the Land Development code relating to Billboards and digital Billboards providing for Authority providing for findings of fact Prov in for the amendment of The Land Development code article 16 signs amending section 16300 prohibited signs providing for criteria for Council approval of an agreement allowing for such off- premises signs pursuant to specified criteria providing for incorporation into the Land Development code providing for conflicting Provisions providing for severability and providing an effective date this is first reading and with this being a public hearing at this time I will accept public comments on this topic specifically do I have anyone from the audience that would like to speak yes Sandy traml 3823 Indian Trail um since I was on sitting up there on that dis when we decided on the prohibition of billboards in dtin and I voted to prohibit them I'm going to ask you to uh pick motion number three to deny the ordinance thank you all right anyone else name and address and the floor is yours just hit that gray button all right yes sir uh good evening mayor council members uh Trey Goodwin I'm an attorney uh my address is five Clifford Drive shalomar Florida and I am here on behalf of tier one media uh regarding this matter and um you know I want to I want to start out by being clear and mayor do I have three minutes or I for yeah three for this so I'll go as quick as I can I rep tier one is in the billboard business let me be clear about that and we are here because tier one does have an economic interest in what you do however I believe that the reasons that would uh be compelling not to move forward and that's what we're asking you not to move forward with this ordinance are are unrelated to what's good or bad for tier one but instead related to what is good or bad for your residents and your image to your visitors and I think that's the that's the decision you have to make from a policy perspective um a couple things I want to point out that I think are important one um you know you've got a longstanding ordinance that is going to kill Billboards eventually in Destin they will die a natural death eventually um and that's been in place since 2003 so you've got a long-term plan that's well underway this would be a major Sidetrack from what you're doing um currently because you would provide the opportunity for certain Billboards to basically get new life and have the have the ability to have a useful life long after we're all gone um I've got some data which I'll share with you um in and let you look over this but um you know when you based on what we've observed from the presentations previously about this you know there's this idea that you will take certain Billboards down and then create then allow others to convert to digital um the problem with that is that you effectively increase the total number of AD concentration in the city of dtin by like 94% um you go from roughly 96 total ads to if you allow these digitals to maybe upwards of 186 ads that's a lot of saturation in your Market um the data also shows that these these digital Billboards are four times more likely to be observed or seen or distract those uh in your community and the other thing I want to point out is that you know of the Billboards that we understand are being offered that may be taken down um four of them may well die pretty soon anyway the one at the dtin bridge you guys own the location it'll be up to you if you renew it you can get rid of that one if you want to without making any change to your code the uh one at Coyote Ugly is likely to go away through Redevelopment anyway without you taking any action on this on this ordinance uh Tai smile and Pon Jax they're two small Billboards they're static vinyls they're off the road and they're obscured by vegetation and other uh and other uh clutter and so those are not economically viable signs in the long run and they will probably not be maintained and replaced so what I would suggest is that you know you may get rid of what looks like maybe five to six signs four which you might be able to get rid of fair soon anyway um without making any change but you would be allowing a significant amount of digital saturation now again my client owns one digital billboard location in the city of dtin it's two faces we are in the business however he did not build that sign in Destin Des annexed an existing sign so I just wanted to point that out mayor may I approach and hand out the spreadsheet thank you all right anyone else here from the public who wishes to speak right seeing then oh y I figured you guys were more than just the public I think you guys are part of this you want me to wait no without any other public yep so Jump On In yeah right thank you Mr Mayor Scott Remington with the Clark Partington law firm in Dustin Commons I live in psca 4125 uh trono Road grew up in Fort Walton playing in a beautiful football stadium that's green um uh very briefly this is probably the third or fourth time we've been here so I don't need to belabor a whole lot of this but what I do want to say is that for at least two or three years we've been trying to take down six Billboards that's our goal one of those Billboards in the interim you brought bought the underlying fee for and it's on a month-to-month lease you can tell us to take it down at any time but even if you tell us to take that one down tomorrow um we still have five Billboards that we're willing to take down all five are economically viable we provide you with engineering reports on all five of those boards they're not going anywhere anytime soon they're here they there there's ads on them there is economically viable today as they have ever been and they will continue to be long after probably everyone on this council is off the council but you have an opportunity now to take those boards down what you don't have to do to take those boards down is pass this ordinance this ordinance is not necessary for us to enter into a removal and replacement agreement removal and replacement Agreements are specifically authorized by Statute they're specifically authorized because they violate the code we're not looking for a variance a removal replacement agreement is something the city decides to do with a private Sign Company in order to further one of its goals I.E remove Billboards we've been negotiating that agreement for several years and whether or not you pass this ordinance doesn't impact the ability of the council to enter into the agreement the council doesn't have to give itself permission to enter into an agreement if you if you follow that logic and so while the council may want to add this to its code this law this ordinance is not going to affect anybody other than Lamar because nobody other than lar has more than one sign so if you don't have more than one sign you can't remove 45% of your signs see ordinance really doesn't make much sense particularly in Destin where you have prohibited any new Billboards it's the only party it would ever applied to is Lamar and the way Lamar would get around that is to have a removal and replacement agreement with the city that's specifically authorized by chapter 7020 of the Florida Statutes and that's what we've been trying to do for four years is remove these Billboards build back underground the utilities build back more aesthetically pleasing boards more modern boards get rid of the tri Visions put up something that has a modern aesthetic and give the city the opportunity to have space on each of those boards to advertise its things we provided you with letters from the city of nville City of Fort Walton Beach recommending the agreement we provided you with a letter from the Department of Emergency Management talking about what a good partner Lamar was in times of Crisis and emergency and we stand ready to be that partner with the city of dtin and so for those reasons pass the ordinance don't pass the ordinance may be academic for our removal and replacement agreement but it won't impact that agreement and Mr May I'd like to approach and simply give the unless there are any questions my time's up yes sir thank you anyone else from the public like to speak on this specific issue hi there my name is Jesse London I'm the president CEO of of tier one the competing smaller billboard company I live in Pensacola Beach so I don't live here in dtin just wanted say that address though uh three Pino Drive Pensacola Beach my office is in Navar 8668 Navar Parkway um I just want to um uh let you know that I'm available for any questions that you might have about these Billboards my feeling is do that in time uh these Billboards that are in in the market will come down anyway the economics of them are such that the the rent underneath the Billboards is going to become too expensive as Destin becomes more valuable the beauty of Destin is going to become more impressive as more power lines come underground the technology of Tri vision is going to become more expensive to operate more difficult to find parts and in and less Demand by advertisers so when you consider the life of what this deal could look like I think you can bring them down by natural causes without betting away the beauty of Destin thank you Council just a couple of um points before you move on once you're done with the public hearing all right thank you Kim anyone else from the public wish to speak on this specific topic right seeing none I'll close the public comments Kim okay I neglected to mention that this went to the LPA on October 3rd they did recommend denial um you're not bound by that it's a recommendation also just to the legal issue um obviously you know we've had a difference of opinion the Lamar's attorney and I about whether a code amendment is required but as stated in the staff report um and as discussed with Lamar on multiple occasions without adoption of the proposed ordinance or other code Amendment Lamar's proposed agreement is prohibited by the code so if you do want to consider that agreement at a future date which is uh currently being negotiated with Kyle Balman uh you would need to approve this on first reading if you do not approve it on first reading um we will not be taking the agreement back to council without explicit direction from you otherwise but my legal advice would be this is required for the agreement all right thank you for that uh councilman Bagby mayor I move that city council to deny ordinance 24- 09- LC and once if I get a second I would like to say something all right do I hear a second second second by councilman King continue you know this is all in my mind about our vision for this city we're going to spend $30 million or somewhere in that neighborhood just to do phase one or maybe it's 21 million now uh to do phase one to underground the utilities when you're at the top of the Dustin Bridge the Marlo bridge and you look down Highway 98 you know you don't want to see telephone polls lines Billboards that make you think you're in Vegas you want to see the world's luckiest fishing Village that's what I believe I think when the council pass that ordinance years ago that's what our vision was uh you know they're in business and I and I support businesses both big and small but that's not my vision for Destin and we don't want you trading and and I'll I'll just be personal here what we don't want you trading is oh we we'll clean up the harbor so when you're at the top of the Destin Bridge you can look down and you won't see those ugly telephone poles or those ugly wires running down the street and you won't see the signs there because we're going to move them all to Crystal Beach the people in Crystal Beach deserve the same thing as everybody else in everybody's neighborhood up here we don't want that you know we want our utilities buried half the neighborhoods out there already have their utilities buried we want to be able to see you know the sky the trees the gulf for those who are fortunate enough to live you know near the gulf uh that's been our vision for a long time and so I I would just ask that we say no and we move on and we we try to get this city back to a vision that we we had where is simpler more beautiful and uh more in tune with our citizens thank you councilman Schmidt yeah I'll just uh speak on this first and then maybe later I I'm gonna bring up substitute motion um I just first wanted to say tonight the only thing we're focused on is the ordinance 249 LC has nothing to do with any type of agreements there's no agreement on the table between either of these companies in the city of dtin nobody in the public besides potential future city council woman spoke on this tonight nobody else is here to speak about this tonight um I want to focus on the ordinance right now um I have a vision for Destin as well um and when I look from the dtin bridge and look down onto 98 I see a lot of signs that past Council has allowed to show up on Highway 98 so if some of the members and past councils were that worried about it we wouldn't be looking at all that signage on 98 right now so a future plan an agreement that may or may not we don't even know some attorney spoke about how many signs are going to be removed we're not even talking about that tonight we don't know there's no agreement on our table right now um only thing I'm looking at is the ordinance so I'm going to make a substitute motion to allow the public to hopefully come to a second reading to give their input and I'm going to make a substitute motion that we move that the city council approve ordinance 2409 LC on first reading and specifically just this ordinance and nothing to do with any agreements about Billboards all right I have a substitute motion do I second second by councilman G all right we'll continue the discussion we are at councilman Stevens thank you uh City attorney um can you add just do a quick uh cliff notes and guidance on this we have to read the whole thing what is it the for statute statue what would you like to know um I guess the the statement about being able to do repairs on it and in regards to the I'm sorry which statement are you talking about um it was from uh Scott what statement are you uh talking about I don't see that would you mind repeating the statement you said in regards to this when you handed it out sure are you in number two or which the first if you read the preamble to the statute 7020 in the first section balancing of interests yes that's pre okay so that's not the law that's the intent it says it is a policy of this state to encourage municipalities counties and other governmental entities to and sign owners to enter into relocation and reconstruction agreements that allow governmental entities to undertake public projects and accomplish public goals without the expenditure of public funds while allowing the continued maintenance of private investment in signage as a medium of commercial and non-commercial communication that does not mean that you don't have have to amend your code if you want to violate it can can I finish Madam attorney and the reason I'm just answering my client so if you could just give me a moment sir to answer my client you can speak next if they let you so to answer your question um when you asked me to point to the section that says what he's saying it does not say that so that's why I needed him to clarify thank you right yes sir if you look at section one the pre is only the intent of the legislation section one specifically authorizes municipalities to enter into agreements with private companies to effectuate the removal and replacement of signs that's the statute that's what it says there are no cases that cite the statute or interpret it um but that's what the law is and it's consistent with the idea that as a council you have the authority to make ordinances and rules and you have the ability to enter into agreements the legislature has given you the specific ability to go against an existing ordinance or code if the agreement will serve a greater public purpose and the public purpose here is the removal of signs and the inclusion of Destin's public messages on other signs among other things but that's it like I said even if you pass if you were to reject this ordinance or pass the ordinance it wouldn't mean that we couldn't come back and have a discussion about a removal and replacement agreement that's the reason the statute says what it says okay thank you uh can you shut that please press that button again it give feedback okay well I didn't know Scott was the City attorney but in my opinion we will not be coming back with the agreement unless you approve this ordinance so if you want the agreement approve the ordinance if you don't want the agreement don't approve the ordinance but this ordinance is Citywide so it's not just about Lamar you're thinking about any agreement so if you like the prohibition and the code the way it is you would not want to adopt this if you want to make changes and and have the ability to consider agreements which would come before you separately then you would adopt it that's what it's about thank you so much just get a quick clarification you just made a comment that says if we want the agreement to approve this so if you want any agreement because right now the code does not allow you to replace Billboards once they come down so that was a policy as Miss traml stated earlier that this Council put into place many years ago it's not my policy it's the city council's policy you can change it or you can keep it I don't have a position but what I do have a position on is the legal issue if we start violating our own codes then that renders them arbitrary and why do we have them when we did exceptions for example with the Livery vessels we put into an ordinance that there is the ability to get an exception by agreement approved by the city council we do not do that arbitrarily at least not in my time as City attorney under my advice so for what that's worth again this is my legal advice to you right and I know we had a couple more up there so if you guys plug back in I'm sorry um I know councilman G were you on that list yeah Jump On In and thank you um I agree with councilman Schmidt it's rare but I do agree with you sir I think uh we need to have a second reading just to allow the public to come here and and understand what's going on and give their voice because I think that even if this doesn't directly respond to Lamar there is potential that we could there there's other safety factors that could come into play here that could help protect the citizens of Destin councilman King I'm see it both ways yeah I can see it both ways but but you know I'm not I'm not going to support the substitute motion um you know when when y'all were here most recently L maybe not most recently but you know y'all brought to our attention that there's 50s something digital signs on Highway 98 y'all painted a beautiful picture of what Lamar is going to do and I think that it's awesome and I'm really grateful for what y'all are in the process of doing Nationwide or or however wide your span is um you know what what flipped my where I flipped last time was what what are we thinking even consider considering approving any more Billboards it's like and I know that's not what this is exactly but you know anything that gives the like leniency or you know leans us towards more Billboards I really like you guys I do not like your Billboards it's nothing against you I just we we're trying to put everything underground and I'm not Target I'm not I'm not put I'm saying any Billboards I just don't care for them I would like to see everything go underground and I don't want to I don't want to make any moves that that potentially Make Way for Renewal and renewal and replacement or more Billboards or so I'm I'm not going to I'm not going to support the substitute motion um I would like to see everything underground and I would personally like to see all the digital signs gone that break our you know code of ordinances um so I'm sure someone's going to yell at me for saying that but here we are um that's all I got all right uh I don't see any other yep councilwoman AB so the substitute motion is it just to draw in the S the The public's information and in like their feedback Kevin can you tell me what you're thinking like we need them to come in and say we don't want you guys to allow Billboards or these Billboards that are going to be they take down six or seven and then the six or seven that they leave turn into 25 digitals because they're able to spin out you want the public to come in and weigh in their importance of getting our city back to that clean view I'm just just I we can't talk unless we're on the day so I kind of need to know what why you want to approve it just to draw in the public well I want to approve it tonight on first reading to get to the chance to go to the second reading uh that would be the point of tonight um sure if it's to get public involved I mean it's been stated many times up here that you put this billboard thing into an ordinance you're going to have the entire next door app and everybody's Mom and Dad up here with pitchforks and um it didn't happen tonight not saying they don't care but um I want more people to be you know understanding because again this is not about the agreement okay uh this is just about this ordinance and their potential potentially if an agreement was made if we even got to that point uh which we could still have an agreement brought to us if we don't pass this tonight because the city council can make a motion to have her go negotiate an agreement with them if four of us agree to that so that could still happen um but there are potential benefits of taking down Billboards that are massive SCE that are breaking and dilapidated and doing something different there's possible Revenue generation ideas that could be looked into with potential Billboards that may or may not come up so the idea of a final agreement we're so far from right now we could pass this thing on two readings and still deny an agreement right absolutely if you want to right I mean so we could pass this ordinance still has to an agreement would have to then still be passed by the city of council by four of us so um I mean honestly Miss AAR it's to give us one more meeting have another look at it have potential public come and talk on it specifically not about an agreement because there's no pictures right now on this slideshow about Billboards it's just about the ordinance so that's that's why longwinded answer apologize thank you I appreciate apprciate that uh councilman Bagby yeah I I would just say and what if we have the same amount of people next time and we have one two three four five people that show up on this issue you know we we know I I will tell you I thought we would be here till 11:00 tonight because I thought we would have 40 boat captains in every single luxury yacht captain or owner and we would have you know we would be here till 11:00 and I'm going to probably miss it by 2 hours uh because we don't have every boat captain and every Livery vessel owner and every you know person with an interest I mean we we've got what we've got and I just you're you're right the ordinance but the ordinance is a vehicle to say yeah we we might be good we might be good at some point with uh replacement and I'm not I want to get rid of I'm kind of like where Johnny is I I like you guys but I just I'd get rid of all the digital science too and I would get rid of all the Billboards in this town and that's I've held that view for a long time and not changing now all right am I missing anyone who would like to speak cestin yeah you guys got me a little confused as to Robert's Rules here the first motion was to deny adoption but when you adopt an ordinance you don't have to make make a motion to deny you simply don't adopt it and and then the substitute is to adopt it PL on first reading on first reading and have a public an additional public hearing because this is a public hearing tonight just just to adopt okay so it's just to adopt it on first reading okay well as I say a motion to not adopt I'm I'm not sure is a proper motion under Robert's Rule so your substitute does clear that up anyway anything further all right we are going to call the vote on continuing this to Second reading can you be clear on what the question is and the motion right now that they're voting on I move the city council approve ordinance 2409 LC on first reading just to get it to Second reading I mean that's that's arbitrary all right five- two the Nays have it the motion or with that there will not be a second reading and I will not be taking the agreement to councel all right public hearing dies for 5A moving on to 5B M this is first reading of ordinance 2415 CC an ordinance of the city of dtin Florida relating to Livery vessels amending sections 13141 definitions and 1314 4 application for permit of the city code of ordinances providing for findings of fact clarifying the definition of Livery vessel providing for severability and providing an effective date seeing that this is a public hearing this is all y'all's time to speak on this matter if anyone from the public wishes to speak on this topic specifically this is your time to do so do I see anyone who would like to yes sir by the way I had a cup of coffee so I'd have some energy that was about four hours ago name and address sir yes uh good evening members of the council my name is Matt Condon I reside at 99 Cayman Cove I'm a licensed captain and proud owner and operator of Destin private Tiki and Dustin private yachts I would like to address um the matter the first reading of ordinance 24-15 DCC specifically the proposed amendment to include all bearboat charters within the scope of theivery regulations our company provides a range of services including operating inspected Charter vessels uninspected Charter vessels and private yacht Barbo Charters as someone who actively operates all three Charters types of charters in Destin I believe my perspective is both well-rounded and somewhat impartial the primary concern before us is the city's intention to broaden the delivery ordinance to Encompass all Bebo Charters while the goal may be to enhance the effectiveness of existing regulations the change would in practice lead to a de facto ban on private yacht charters in Destin um the proposed change in definition is problematic for several reasons I'd like to articulate a few of them uh the economic impact uh Destin would become the only city in Florida to ban private yacht Charters um this this would affect bars restaurants on the Harbor small and medium-sized businesses and um um you know have a somewhat of a significant impact on the Destin Harbor um and it attracts valuable tourists I can tell you without a doubt that there are certain types of Charter guests those that rent large houses on adaa that come to destined only for the purpose of private yacht Charters um th this change will have an impact on small operators many small and part-time operators will be forced out of business they don't have the ability to just slips quickly or move out of town because they're not allowed to operate here um and it would be a loss of larger businesses um these are the ones who have the ability to move to Fort Walton and continue to operate in the waters of destined legally which they're doing now uh there is a group whose voice is not going to be spoken here a group that's very dear to me and uh they are our our clients uh just last week aboard the misbehaving we had a 99-year-old celebrating his birthday with his grandchildren and great-grandchildren believe they were 11 on this vessel again that would be illegal if you adopt the current um offering um and finally on a personal note some of you have heard me say this before um I'm deeply opposed to any regulation that erodes personal freedoms if you buy a boat in yacht and you decide to Charter it you can Charter it in any city in the United States of America except Destin if we adopt 2415 CC um but unlike previous occasions when all I've done is raise objections uh today I have two potential solutions for you guys solution one is the simple one it's a one sentence added to paragraph 18 section 13- 44 in the application and it reads vessels whose registration length is 32 feet and larger are exempt when they are operated by a licensed captain and are not engaged in fishing operations means this has no effect on pontoons this has no effect on the fishing business or the fishing fleet very simple paragraph sentence and it would solve our all of our problems um the second thing quickly on second I'm going to let you go because you have Solutions but quick on the second one second one is if the simple solution is is not acceptable or is inadequate I'd offer an alternative given the fact that private yacht charters were not originally contemplated under the original Livery ordinance um I propose passing a resolution that reads existing private yacht Bebo Charter operators May apply for a permit um in closing I hope this the council will consider these proposals as a means to maintain both the economic Vitality of our city its businesses and the individual freedoms we cherish thank you thank you Captain right anyone else from the public wish to speak on this topic yes hi I'm Patty Brown uh 86 shower street Destin Florida I'd be willing to rename misbehaving code enforcement for that that slip since we're paying $2,000 a month anyways uh I wanted to talk today because we started a business a day Charter private yacht business it's a 46t cruise Cruiser yacht name misbehaving it's not used for fishing any way shape or form prior to purchase we called the city and spoke with the people that oversaw the moratorium and they indicated because we always had a co- card um Merchant Marine credential captain that we would not be included in this moratorium so we proceeded with the purchase we've been operating for 2 to 3 years to all five star reviews and as Matt said we are providing a service for a different group of people um the it's different from the pontoon boats or the fishing boats not that we're better but we expand entertainment options for those um for those that are seeking that we're concerned that this ordinance change is going to make it really tough for us to do business maybe even preclude us from doing business and we don't think that's fair we also don't think it's fair that the people with inactive license or medallions whatever you want to call them are trying to Jack the price up because they know the city council may put us in a tough spot so we're looking to you the city council to help us out here we've done all the things that these people did to get their medallions in terms of commercial dock space parking bathrooms all those types of things so we've done that and we're going to have to continue to do that so it doesn't make any sense that we should have to pay for those when they got them for free I do agree with Matt Condon that you could put something in like boats over 32 feet the proc cluded fishing would be excluded from the moratorium might solve the concerns of the fishing fleet and if that does happen then I think the city should grandfather Us in those existing businesses that have been doing good and following the rules should be grandfathered in with some extra license at no cost that the city may have thank you very much thank you so much right this man Mike you're you're you're second up she's right behind no no no only because I know his name I was going to give him Carrie barer Spring Lane I want to address the council about this Livery issue and I want to bring something up that we started we discussed this in 2013 I have notes at the house I want to remind this Council that the reason of or actually what this brings to the community because back when we had blight and we were trying to figure out what we needed to do to bring better clientele here does anybody remember when the TDC was soliciting to the the 75,000 or 50,000 gross income nobody remembers that on we had a hard time with blight and our idea was to bring it our community back out granted I love the fishermen too but not everybody comes to destined to fish anymore and these guys just going to have to realize that people come here for other stuff these people are selling an amenity they're selling destined you should see a video I have with me right now what these people offer it's ridiculous to turn you talking NFL players and stuff come and paid to go with these people all they're doing is looking at Destin gawking at these people to do away with this is a crime uh these people shop locally they come here they stay here and my son does run the butt and I am up here speaking on behalf of somebody that does I'm not speaking on his behalf but I am saying that what they offer is an amenity this to this community it's it people pay bigone just to come right around I don't understand what the hardship is and what the belly ache is and furthermore if we want to talk about Coast Guard inspections I'm not trying to be nasty when I say they ain't trying to go out that pass in a 50-year-old Wooden Boat so thanks Mike AB 530 H bouevard I can certainly sympathize with the guys that concerned about paying for their licensing medallions I can also cons sympathize with them not wanting to be under the Livery vessel licensing process uh I have nightmares from five years ago and we were before this Council when we were arguing the same point we didn't want to be have to have licensing we we fought it you see where it got us okay as far as the pricing selling of selling of medallions that was mentioned they don't want to pay the price there's two people that I know of in liery vessel vessel industry one of them is in this building right now in this room right now that have paid between 20 and $225,000 for medallions that have been for sale okay so they've already created a price there's people that have already paid for those permits to get to to get to what I really want to address is I want to address the definition and two definitions one of the Livery vessel and one of the of the Bebo Charters uh several weeks ago Mr Bagby you made a comment that you were upset that that uh the parking overnight parking at Crystal Beach wasn't being enforced properly Mr dtin same at the same meeting you made a comment that the illegal Beach vendors were were of a concern to you they weren't weren't being taken care of by code enforcement I have a more egregious problem is that over the last three years okay the Rogue operators which are the pontoon boat fishing boat yacht guys have been operating without any licensing or permits through research and observation and I can prove any of this to any of you at any time there's roughly two to three dozen Rogue operators operating in and around the city of dtin okay in and out of the harbor on a daily basis okay if they operate a 100 days and they make $1,000 a day each of these business let's just say there's 30 of them to use a round number they're doing an average of $100,000 a year a piece that's $3 million worth of non- taxed illicit money that's being taken away over the last 3 years that comes to almost $10 million and about 10,000 violations of those violations code enforcement has not enforced has not written one citation I think they've given some warnings I don't think there's been any citations I don't think there's been any money collected from any of these people 10,000 violations $10 million worth of illicit gains from these illegal businesses and it's been tolerated it's getting to a point where that's why I plead with you we need to get these definitions right we need to be where it's easy to understand easy to enforce easy for code enforcement to enforce it but you guys need to understand it I understand that staff is submitting a definition for you guys to to read and to and to address the last definition that staff gave to council several years ago has been the reason why nobody's been cited for for for given citations for these illegal operations is because the codes that are on the books are unenforceable the definition is so vague and so ambiguous that the city realizes if we give somebody a citation they take us to court they have a law they take us to the city magistrate we cannot win so if we're not going to win we're not going to give them a citation okay and that's why there there have been no citations issued up to this point Over The Last 5 Years with with these illegal operators so I plead with you guys we have to get the definition right we have to get it to where it's easy read the city the one the code the definition that the city's giving you to to address how many times did you have to read it before you understood it I I understand this these kind of things I had to read it three or four times for me to understand it so we went before the harbor uh steering committee I presented this same argument to them they agreed with my definition five to unanimously five to nothing these are guys that make their living on the Harbor the members of this committee they make their living on the Harbor two of them a licensed captains all of them make Avid voters and they understand these rules and regulations Captain Green's here today to answer of your questions he's the he was the chairman of that committee so he can answer any of the questions about what they accepted What They didn't accept it I offer an alternative definition also I'll offer a definition that all bbo charters are Livery vessels and it's all inclusive once you do that all these guys are going to have to get a livery a livery vessel license if I have permission I can give out copies of my definition for y'all to look at and I ask you to read the City St think citizen are you going to bill us for this I can't wait to see this have you seen it already I don't know let's see thank you you're welcome you are at six so I just ask you just what's that you are at six minutes if you want a third person to give you time all right I got a crew I I know you have one so I've been counting you used one of them no because it's very important guys we need to get the definition right this time if y'all don't change this definition and get it to way it's easy to understand easy for the public to understand easy for code enforcement to understand so they can enforce it okay then you're in the same position at the council 5 years ago that agreed this is going to be on your backs if it's unenforceable okay and it's almost going to be a point of your aiding and abetting the the the Rogue Chargers let me let me address the definition okay because I am all for a definition that everybody thinks is simple there was one concern I had about this and I'll explain it I don't have a personal opinion if you want to go this route but my concern with the enforcement of this is at the very end um the beginning's all good but where it says and has a written contract between both parties stating so so to for me that's a little bit difficult for the special magistrate because we don't have a copy of that unless they give it to us further I was afraid that it would create a loophole and we didn't get a chance to talk about this but the loophole that I was worried about is um if somebody has a contract at one point then they're meeting a definition and if they don't have a contract for another rental they aren't or vice versa so depending on the contract that we don't have possession of could affect the enforcement at the magistrate and so I didn't want to um deal with the contract language but my argument is that you do have a copy of these contracts when we fill out our application for Livery vessels we have to provide a copy of our contracts that we have with our customers that's part of the package if I'm not mistaken so you so you will have copies of these contracts also the US Coast Guard and Florida marine Patrol request us to have a like have a dual copy contract one that we keep on Pro on premise and one that we give to the renter of the vessel to carry on a vessel so if they stop those customers out on the water they can see that contract they can see who's supposed to be on that boat what kind of contract it is does it have a licensed Captain does it not have a licensed Captain don't you don't you have um do you mind if I ask a question please please don't you have different contracts for each renter because the bear boats do the the bear boats do they enter into a contract per renter and so every single time they rent the boat out it's a different contract we have one contract for pontoon boats one contract for jet skis that's it but we want all the customers get the same one the things you wanted to do was include bear boats right if I rent one of my pontoon boats out to a group grou that wants to be a uh wants to have a bachelorette party and the lady on the phone when she's making the reservation ask me can you provide us with a captain or a driver and I said well I can give you a list or you can get your own here's my list here's your own that does not enter into my contract my contract is with that lady that's Renning that boat I've got nothing to do with her hiring a captain or a driver or paying a captain or a driver that's a separate deal between her and the driver that is not in included in my contract my contract that goes to my customer has nothing about a bearboat charter it has Livery vessel now here's the here's the caveat the Coast Guard does not use the term Livery vessel they use the term babo Charter nowhere in that paperwork is the word Livery vessel the city and the state have come up with the term Livery vessel all bad boo Charters are Livery vessels there's only four categories for the US Coast Guard there's two two divisions there's a commercial division which has a six-pack Charter which re all commercials require licensed captains the commercial has two divisions number one six-pack Charters okay which have to have a captain the the illegal guys don't want to do that because they don't want to limit it to six passengers so they don't qualify for that the other category under commercial is inspected vessels they don't want to have the inspect their vessels inspected because it's too costly to have it inspected so they don't qualify for commercial six-pack or inspected vessel the other half is called the Coast Guard uses is called recreational under recreational they have two divisions one is private boats if you have a boat that you want to go out on a weekend and take your family privately owned vessel not use for any business purposes that is one category other category is B boo Charters everything else has to go on bear Boo Charters the only the the vision that these yachts and these illegal guys operating fall under is beo Charters which is delvery vessels let me ask you this because your the beginning of your definition is fine and easy to read what if we just took out the contract language you cuz I think that makes it harder for us this is not etched in stone this is a suggestion if you use it you can edit it you can tweak it I'm not egotistical here I don't have to have my name on it you can you can use it give you all the drafting you can use it and manipulate it any way you want to make it simple for the public to for these people to understand it and for the public to understand it all right thank you Mike thanks I mean I see their point trying to take out the captain language that has confused people for many years I I would be okay with this if Council prefers it without the contract language it's up to coun right name and address and the floor is yours sir uh Kyle low chter boook Special K 66 Harbor Boulevard and Destin is where my business is located I'm going to be simple as usual I'm I have a difficult time filtering my thoughts so I try to avoid this public testimony but Mr bagy pointed out people don't show up so somebody's got to do it right so what this said about the 32t and over and the lack of fish that sounds wonderful to me now my friends in the in the Pontoon industry I'm not expert on that so I have no idea how they feel about it but for a fisherman standpoint that sounds wonderful but I think people what I want to just explain why the fishermen are looking for any type of protection I can't tell you how many Gulf Council meetings dcba meetings I've been to where law enforcement Coast Guard Noah FWC shows up and boy they talk big they pound on the board and they say man I'm the non-nonsense guy this legal stuff's over I'm the man I don't I don't put up with it and for the better part of 10 years not one is at the fortitude to follow through what they've told us those beatings they're not going to enforce it the illegal Charters going on is through the roof and nobody is going to do anything about it these idle threats of SWAT teams with jet skis it's all garbage it's all trying to deter people from doing it but they're not actually going to do it they've proven that I mean it's so easy to try to address it on the water is pointless there too many boats but anybody can take up their phone right now and book in the legal Charter in dtin Florida in five minutes Coast Guard knows this Noah knows this FWC knows this they've been provided by by myself screenshots you can go BR a bearboat charter in D flid right now where it says captain and crew provided Coast Guard themselves was at a city council meeting and Johnny King asked him a question and he said no that is that's not legal you can you can provide a list but they wanted to provide their own Captain you have to allow them or void the contract if they say I want to take the book myself and no Captain you have to allow them avoid the contract so I have no no issue with this gentleman running that business the problem is the federal the federal guys the state they're not going to enforce it they're just going to let it go they they've done it this whole time why would they change they don't have the fortitude to enforce it they've proven it thank you thank you sir right anyone else from the public wish to speak on this topic yes sir hi I'm Gary troop I live at 86 shyra Street and I'm a co-owner in the misbehaven private yacht that we started in uh 20121 and if we're doing illegal things and Rogue things I'm the worst criminal you've ever seen because we coordinate with everybody we've been boarded by the Coast Guard and inspected a bearboat charter is legal it's not illegal leg Al okay um we follow all the ordinances even though we're not you know in the the moratorium you know we as Patty said we spend 2,000 bucks a month for Doc space commercial doc space to have parking and bathrooms we pay $13,000 a year for commercial insurance we always send our boat out with a coast guard license captain from a list that customers can choose from we'd like to continue to business in the city of Deston um and I don't think we compete with fishing or really with pontoon boats maybe pontoon boats in a very Fringe area with Bachelor parties but we service a different Market at a different price okay we get calls about doing a bachel party and we're too expensive they go to the pontoon boats okay so we're not you know we will bring some people here that may not come and they may try to do that um we've been doing this for almost three years and we've been following all the rules and spent all the money that the people that have medallions are doing and we're going to have to do that to keep a medallion if we get one okay and let me say that people try to equate those medallions to commercial fishing licenses and that's the intrinsic value and they should be resellable and uh so forth even if they're inactive but with a commercial fishing license if it goes inactive they don't get to keep them because you can manipulate the price of fish so you know you need to think about that so so bigger companies could could you know start not using their medallions shrink the pondu market and raise the price if they wanted to they could manipulate the market I am a entrepreneur I really for free enterprise less government regulation I think the market will eventually work itself out it gets ugly you guys got way too many pontoon boats I think that would have corrected itself but I understand why you did it um I don't think you should allow people to jack up the price of inactive medallions you kind of created the Bitcoin of the sea in my opinion um I understand when businesses are sold or boats are sold those got to go with it that's only fair to the business that's been created but I want to tell you whatever you TR you decide we will try to stay and operate in Destin and let me underscore it we will try because you have to understand that running a small business where the margins are already thin it makes it pretty tough um you know if you you don't um allow us to operate and again we're not illegal we're not Rogue I'm sure there are some out there in the yacht business just like there are in their Pontoon and the fishing business and I don't think you have the resources if the Coast Guard and the federal government aren't going to enforce rules I don't think you guys are going to hire a bunch of people to do that I may be wrong but that's what I think thanks thank you Gary anyone else seeing none I will close the public comments and I believe Council stev up first thank you well I'm going to make a motion but um after I make the motion I definitely want to continue talking um I think we got a few different topics that we're going to have to discuss um of course number one the motion the definition um and then we're probably going to briefly chat about uh the registration SL AKA medallions um potentially a lottery uh system which I think will make it to where um these yach guys we will make it to where it'll be easily to achieve and probably a lot cheaper than some of these medallions that went for sale or that are up for sale now um and then of course we'll probably eventually talk about registration expirations I'm not sure if we're going to be talking about all these tonight but like said these are discussion topics that we will be having um but pretty much we got to get definition Place otherwise there's no real reason to discuss all the other items so I'm going to make an alternate motion um I move that City Council adopt ordinance 24-15 CC amending the definition of Livery you with using the definition from the harbor uh steering capacity committee recommendation but with two modifications one we're going to remove the contract language and then also um we're going to add after internal combustion we're going to add or electric engines because uh Electric engines is the next coming um so um we'll see where it goes and then I'd like to continue my discussion if I get a second second all right second to my councilman King just so I have it down the removal your one and two for the uh amendments to the steering is removal of what um it's the removal of the uh the contractor language okay um and then uh number two is to add or electric um after uh combustion John just while we're talking can you point me to where specifically when you said the steering committee's motion where are you looking at specifically it's in the staff report the middle if not uh Mr Abid actually gave I think no I'll show youor okay sorry I didn't get a copy so that's okay all right continue on am I good okay all right so um so pretty much being a livery um SL beo operating more s um I can see how that that verbiage of the US Coast Guard Captain's confusing so I think this definition is going to solve it um also with this current definition instead of using what isn't it's using what is so I think it's just going to make it a little bit more clear um so Mr ABY said it earlier a livery is acknowledged by the state the county and the city um bearboat is acknowledged by um federally um one thing that we always have to remember everyone keeps on saying that we're adding bear boats in this ordinance we've we're not adding it bearboat has always been um not allowed um all we're doing is we're just making it more clear um uh what else do I got hold on um so y'all y'all just want to discuss the definition first and then maybe we can continue on with the other topics probably better yeah okay councilman bag me yeah I just want I just want to clarify I'm just going to read it for raise benefit to make sure that we're all on the same sheet of paper so the as is in the staff report uh what was passed by the harbor steering committee Livery vessel is defined in Florida statute 327.2 and any motorized vessel that is rented leased Andor chartered by the owner to another party for a designated period of time and that party is under control of that V vessel at all times period okay next sentence is but does not mean paddle boards kayaks canoes and sailboats or any other vessel not powered by an internal combustion engine or or a sail or and a I'm sorry or after an internal combustion engine or an electric engine or a sail sail boards excluded period bearboat Charter is a livery vessel period each vessel that is included within the fleet of a boat club is a livery vessel period now what I didn't understand John and I just and I'm not sure they also approved adding to the city code at an appropriate location any person or entity did you want that included that was I believe um Kim we added that that was part of the original if I remember correctly is that right the the second part it says it was it's underneath the Livery de definition discussed and recommended by the harbor steering committee so I'm just trying to get I just want to know what we're voting on that's yes so that is part of it that is part of it that's to help staff um know what paperwork they're taking in and be able to enforce okay all right right so R you don't you don't need me to read that whole paragraph do you no but I don't I didn't hear you said something about removing the contract language yeah I didn't I didn't say it right which is why it's removed correct that's what I asked to remove all right so with that um Captain green do you have anything being on that committee the steering uh we the as M as M councilman bagy was reading it it was the entire thing all the way through to motion pass and it was for the definition for clarity and everything like that was it that it was a long discussion and as we worked through it that was what we found to be the most simplest way of spelling it out to where there is no uh you can't convolute it too much okay all right anyone else like to speak on Mo coun Bagby again it if I Mr Mayor if I could for a second too I I just want to say that uh I'm the chairman of all three committees that that brought this the harbor C the harbor and waterways board and the steering committee and every single one of our committees agreed that they wanted bear boats in Livery in the defin included in the definition and every one of them also offered a suggestion on how to Encompass that so while the testimony was a you know one side and the other I want to you know this wasn't this isn't going to Ill this isn't going to make it illegal for people to run private Charters uh yacht charters in dtin it would preclude them to only six passengers and every single person up there on all three committees wanted them in Livery because the whole point of the moratorium was to to cap the amount of rental vessels in the Destin in the Destin area period it wasn't because it was a yacht or a pontoon boat it was to cap that and uh this definition kind of I was on all three of them and this definition kind of culminated and you know there was different things as like uh precluding certain measurements and and amenities on the boat there was things about having a Time certain of people who doing business two three years ago you know there was a there was a few things to it but this I think encompassed all of it and it was to include them and it was also to figure out what to do with the folks that had been operating previously two three years back so I just wanted to make that known before you make your vote on the definition thank you Jim real quick when you say this definition you mean the definition Mr Stevens that's correct that the last the last meeting we had was the harbor steering committee and this kind of in this kind of included all three you know first it was CRA then Harbor and waterways board and there's a few people that are on the same ones of those committees and this kind of edged up to the point where staff and myself and a few others that are on multiple committees agreed that this was a very this this kind of honed in on what we were trying to do and it's not and and everybody agreed like we need to include them in Livery so that we cap the amount of effort that's of of that rental booat industry you know Yachts pontoons every all of it and then also making a path forward for those who had been doing business in the city allowed to do business in previous years not the not last year but you know as this gentleman said a couple he been in business since 2001 those are not the ones we're trying to prude it's the ones it's the once everybody found out about bearb there was a a huge influx last year in this past summer so that's what I think that this I think this really shows what everybody was trying to to get it was a lot of hours between all three meetings I promise you all right C no go ah so thanks I appreciate it tor I I come at this as a consumer okay I know less about this issue than probably anybody up on this diet I know I know less than three or four that you know own boats and have run these businesses and everything but as a consumer I don't know you know if I go down and some guy hands me a piece of paper and says here sign this there's your boat you know if it's got life vests on for how many ever people I got I don't know if I got seven or 12 or what you know I just know that's that's my boat and I get on it and I go around the harbor and I might go out you know by the bridge or something out to Crab Island what and I don't I I assume we're just going to prove uh the this verbage this definition first and then we're going to go on to the other parts here here's what I yeah because that was a little confusing to me too here here's what I would like to see and I don't know how we get there cuz I just want I want I kind of see the end state but I'm not sure all the steps to get there because I don't know this business you know I want to see uh the main thing I want to see I'll be honest with you is to to strike the word Medallion from our vocabulary vocabulary so Medallion is not yeah it's not okay it is a registration and if you sell your boat and you sell your boat with that registration I got it but if you aren't using your registration it has no value there shouldn't be a market for registrations that are issued by the city we should not be creating a value on something that has no value because we could change our mind next week and issue 100 more registrations or 100 more licenses or whatever you want to call them that that is the most insane part of this whole thing to me is that we have a market out there that we created we I wasn't up here but we the council previous councils created this black market for medallions hey I got two you want to buy one for $25,000 are you kidding me no so that's the main thing I want to get rid of I want to take care of the fishing fleet you know I as I said the last time we had this and we had 40 boat captains here there is enough here for everybody there's enough here for the luxury Yachts there's enough here for the fishing fleet there's enough here for the pontoon boats there is enough pie for everybody and we ought to be fair you know maybe we're going to talk about Lottery later but I I would tell you those inactive licenses and registrations if I would go to the luxury folks who were told they didn't need one and I would say we need to figure out and again I'm the least smart on this but if they had a BTR do y'all have a BTR okay if they had a BTR as of last year as a business in this city and they paid their their BTR or they filed for their BTR they ought to go to the top of the registration or license list for these city issued registrations and then when we get those 10 or whatever they said it was last time then we can go about doing a lottery for more pontoon boats which I would you know I guess to be fair I'd have to vote for but I would go to the fishing fleet and the the luxury yacht the in the end state is we we ought to have a vibrant Harbor and we ought to have you know options for all our consumers for consumers whether it's me or it's my brother-in-law coming over or whatever we ought to have those options but we this inactive license or registration that's that's the issue that I want to hone in on other than being fair to everybody all right Council M gal appreciate that thank you I want to focus on on one other topic we keep talking about a piece of the pie piece of the pie but what we seem to fail to to to remember the Army Corps of engineer explained to us that the pie is overflowing um so this this piece of the pie should be smaller than where we're at now one of the statements that they made during that meeting was based off our capacity we have we are subject to imminent severe injury or possible death so this is more of a safety Factor than it is just making sure everybody gets to make a dollar um so I think we need to be extremely stringent with this this rule I think we need to try to minimize how many actual licenses we have out on the Harbor and and protect our our locals and our visitors thank you for that number four councilwoman AAR I was just going to say that I was trying to figure out are we just trying to get the verbage corrected and then work on getting those that have been working for three years at this in so I think we're on board with that so I'm going to Let It Go councilman King yeah thank you sir um yeah I would I I agree with what um a lot of Mr Bagby had to say um some of it I don't I don't agree with I think the you know I just wanted to make a point I don't think anybody I don't I don't dislike the yacht boo Charters um you know I think one of the um yes you are legal by way of Coast Guard and federal guidelines or whatever what whatever Hoops you got to jump through you know I think part of my concern is making it um if we open this if we open this door and we do not adopt this definition it opens it's not it's my concern is not for you I think that you bring a great service I've said this time and time again I think y'all bring a wonderful service for this community and you do cater to a clientele that uh is maybe a little little more well too um you know my my only concern in this whole thing has ever been with the charter fishing fleet um since the last meeting we saw I saw with my own two eyes a guy who was permitted for six passengers is six-pack boat red designates his boat as a bearboat charter and has taken 11 people that puts his whole dock in Jeopardy um and so and and there were multiples I there were several others there was talk of a lot of other people doing it and I hate the Rogue operators I think it's I think it's crap I wish there was something we could do about it um you know I'm going to support I'm going to support this motion um you know and I think that there's a I understand you guys have paid a ton of money to be in this business everything flows more freely on every other level except for maybe yours to be in the livery vessel classification as far as I can see um that's where I am with it so thanks C Schmid I just a few questions it's very confusing um based on Mr King's comment um that boat changed from sixpack to 11 maybe you can answer John or staff or whatever with a change in this what changes that how do how does that fix what you just the example you gave gave I'm just trying to understand how does that fix like this changes I I think that I'm sorry I think you can correct me that taking out the captain language is one of the big things for them because it's been confusing because certain boats have a captain sometimes and the wording of the ordinance said a captain in control at all times and so there was confusion is a bearboat a livery vessel they have a captain sometimes but not always because when you rent out your be vot you relinquish control and that person can get a captain or not um John am I he's nodding you are correct so that that is what they took out so meaning if we pass a new this definition can you can you speak a little less less attorney uh so so so if we if we pass this definition what it's going to do it's going to make it to where um pretty much uh a livery depending on whether or not they provide a uh a list of Captain or can I can I specifically just speak to this example okay so his example what what changed I have a six-pack and I just said whoopy woo now I'm 11 all it is is you can just you can just change it but the thing is that Captain cannot be the captain of all times what is the city of Destin going to do to that situation pass this not if they fall into the definition now they will be required to register as Livery vessels able to take 11 people here's what this here's what the previous definition here's what here's what we had there was a lot of gray area and when there's a lot of money on the line people are going to dive into that gray area you know what I'm saying and so so they should by this new definition they would not be legally allowed to do the second alternative pity Destin as long unless they have a registration so I mean I think another piece here missing is there was a statement earlier that we haven't done a single Citation for illegal stuff is that because it's not a clear definition or is that because we can't we can't Pro we can't here here's what my thinking is okay so whenever um someone registers to get their BTR I'm I'm going to use an example so um to when they register for BTR to get a Bebo Charter so if they apply for a BTR by saying I would like to get um I'm I'm a bearboat they're going to get denied but if they apply saying that I'm a charter they're probably going to get approved so you can use either the first word or the last word of bearboat Charter so it's all about based off what word you use whether or not you can get approved or not right um so the solution is whenever we get to C um get the software Civic Civic Plus or whatever is hopefully we can ask these questions whenever they do their application and I think that will solve it to where code will be able do their job okay and then when the people that were speaking earlier said we're not breaking any laws or the rules is that is that because they're following Coast Guard rules they are a bearboat charter recreational and they're following the rules from what understand they're following um coast guard regulations of the bareboat def definition does not enforce the Coast Guard rules they are following all the Coast Guard rules and I think one of the points is that they don't have to get inspections under the Coast Guard rules whereas for example the fishing vessels do and it's expensive so um gotcha so um I guess you know it's it's also hard for me to like pass this and not know what we are going to do next that's a little I can discuss it if y'all want I I IDE I'm just saying that like to pass this to the second reading or something it's like but but hold on it's it's the existing ordinance you already have it in place so regardless of what happens next what this does right now is make a clarification to the existing definition all of the rules that we have in place for Livery vessels will apply to anybody that falls into this definition so what you're doing is clarifying the existing code right so if this passes are they going to be in violation yes well they already are though yes and arguably it already applies to them arguably but we haven't been able to enforce that for many years and so something you all can talk about is what to do about the existing yachts and other businesses that are that have been operating you can choose to give them a time frame a year two years or whatever to come into compliance you can grandfather them in some way so to speak make them a legal non-conforming use there's options for the council to deal with the existing yachts and businesses if and I understand that but that's just my concern about voting on one thing and I hope we would all agree that we would hopefully do that um you know I I don't want to put businesses out of business a okay I want to be fair across the board to all vessel Charters pontoons dingies sailboats I think we should potentially change it to sell you know to include sell boats there's saleboat Chargers nowadays why exclude them um the point of the moratorium from what I was told was to clear up the harbor for for Livery vessels not Charter pontoon you know or pontoon boats you know so to me you know sure let's do it but let's make sure we're doing it to all vessels make it good for the fishing boat make it good for the current pontoon boats make it good for the current people that are in business that are already here yeah I'd love to do a give them time to come into compliance yes if you know if they have to buy a medallion they buy a medallion it's you know if they don't buy a medallion but they should be able to have the opportunity whatever that option ends up being um nobody should go out of business for whatever this definition changes to tonight so thanks or after the second reading oh wise councilman Destin help us only because you're the ladder of number seven yeah the uh there are certain things the city can regulate we can regulate the parking we can regulate them whether they have a bathroom these are all on Shore what we can't regulate is what they do when they get out into that water uh as to John King's question about people switching from Charter sixpack to a fair boo we got no control over that that's a gast guard regulation no matter what we do here we can't affect that what strikes me here is that if we Gather in these people that have their Yachts we're going to instantaneously make them no longer legal we can argue that they weren't legal before but if they weren't Al before we didn't need to change the ordinance to make them illegal now the uh the part that bothers me about it is is the very fact that you know reading this definition about uh on 18 that's really tortured and it and it appears to be pointed directly at trying to make what they're doing not lawful a bit about the any person any leases Chargers one or more vessels to to another but claims their vessel vessel excluded by definition delivery and when you read through that you go what in the world does that mean is this are we still adopting this this portion of whatever it is we're trying to adopt tonight it appears we are I don't I don't know what problem we're fixing here the Livery vessel ordinances were passed because we had hundreds hundreds of pontoon boats roaring up and down we don't have hundreds of these Yachts so once again we're passing an ordinance that's in search of a problem that appears to me to be a bad thing to do uh do we want to protect our fishing vessels of course we do but this isn't going to do it so you know I I don't see that we are fixing a problem here if we are one that doesn't exist all right uh coun Stevens so when so I actually applied for a bear Boo out of curiosity just to see what happens and I specifically said in my comments bear boat and I um I got a denial letter because it's um it said that you cannot apply for a bear boo because it's a livery and that that was that's before all this So currently the term bearboat is not allowed so it it just was never enforced um so all we're doing is just CL clarifying what is the definition um nothing I mean once it passes second reading if I apply for another bearboat it it it would get denied also so like I said nothing is changing except for just clarifying the definition um and like said at one point we could talk about um potential suggestions I have a whole bunch of suggestions how to make it work for everybody counil bag you have something yeah uh two quick things um because I go back to the because one of the things that I do want us to do is get better enforcement because that's the complaints that we get at Joe's Bayou and down in the harbor is you know this boat pulled up out of Fort Walton Beach and they put 20 people on there and zipped out and they were gone and we couldn't the and again we're just dealing with definitions right now so I I'm sure you have a plan to show me how this helps enforcement but I'm thinking what you were talking about is you know how the sheriff's office has the License Plate Reader so he's pulls up behind you his little thing automatically reads your license plate and says hey registration is expired or you're you're wanted in Mississippi for you know robbing a liquor store or something okay are we going to put our code guys out there on at Joe's byou at the boat ramp going oh people are getting on that boat let's see what the registration is oh they there's no BTR there's no you know cap they haven't registered anything and I'm going to run out there and and site them or you know how do we enforce where we're going with this and and I got it it's a 10-step process I but the way I read this maybe I misread it because listen to Mr Dusen I didn't think that the yacht luxury Yachts were included because they have captains this is about boats that don't have captains that uh are under the control you know of the person who's renting it all the time per what did I miss per uh Coast Guard when when you if you're operating a bearboat and you um you provide the list and they they hire a captain off that list there what's going on is the person that is renting the vessel is in charge of the vessel not the captain now when it's a charter vessel that Captain is in charge of the vessel so that that's the difference with the the new def that that this new definition is it says uh where' It Go um just looking for the language uh by the owner to another party for designated period of time and the party is under control of that vessel at all times so the captain is not under control therefore it falls under a be vat right control and the way I read the second part that y'all all said was going to be part of this definition was we will add in an appropriate location any person or entity that rinse leases or Charters one or more vessels to another but claims their vessel or vessels are excluded from the definition of Livery vessel because the vessel or vessels are under the control of United States Coast Guard license captain at all times must provide satisfactory evidence to the city of such Claim by providing to the city one valid current copy of the captain's license ass signed at all times to each excluded vessel the key thing is one one US Coast Guard a captain um so oh not a list of three correct well that's not very clear in that I'm just going just going to not who's in charge of definitions here but that the way I read that real real quick uh to Mr D's point and to go along with this conversation um I don't I and I I agree with everybody here I think they ought to be able to do business here the yacht boat charters I think it's a great service the you know goes back to the to the uh fire department dock valuable real estate it is not we have no jurisdiction over what anybody does outside of the East Pass if you want to do what this definition does in my mind this is what's telling me is if you want to do business in this manner in this in this municipality in this town you have to you have to abide by this definition so it it this definition protects everybody um now you're going to be on the hook for your parking for your bathrooms docking all that stuff um but to me and the constituents that I spend time with would say that this definition encompasses what should be in place I don't want them to be out of business don't hear me wrong I think it's a great thing I would love to send you business if I can um but this protects everybody else in the fleet you know and I don't know if well go ahead if I may so the beginning of the definition that was passed that y'all are looking at the the paragraph the the A and B and then the paragraph below so the paragraph below uh was part was added in and it was because of it was an entity that claims their vessel is excluded from the definition of Livery so the last paragraph in that definition about presenting a captain's license to the city was to prove that they had a full-time captain that was on the boat all the time the bearboat charter to be legal does not have the the owner of the vessel does not provide a captain therefore when the contract is initiated and signed the bearboat the vessel in question is not under command of any Captain if the if it was provided by the owner then it's considered a charter boat or a COI vessel it's a commercial vessel by Coast Guard the point that makes it bare boat is that it's a bare crew so whenever that person signs over to the to the client that that boat is now in their possession there's no crew provided and that's what the first part of the definition the first paragraph in that uh speaks to is about not having a a captain on at at all you know of of it not being in control of a captain the second part was just strictly to provide the way of if you are saying I'm a charter and I'm not part of the Livery that gives guidance on how the city staff would would would would valid that and that would be that the owner of the boat would provide a captain's license and say this this guy this is my captain of this vessel so if that I hope that helps clear it up and the whole point of this is because we you know uh the fishing and all that stuff you know it's it's all about like we spoke earlier there there's plenty pieces of pie and we're going to get it figured out and I you're your three advisory panels one of them include in the liery definition and wanted you to act so please you know like that's what everybody there wanted they want you to include them and they want you to protect these guys that have been in business for a couple years because of this new found you know like this problem that we had and to protect everybody including the yachts and everybody else against an explosion of bear boats if we don't get this straight and get it in the livery then there's no containment they can they can just keep going and that was the whole point that's that's the whole point of this thank you question mayor you guys say you have a BTR license how did you get it if you guys want to come up here please yeah I just want to what happened is that staff was giving out uh btrs for a while not realizing that they were violating the code there was confusion even on the part of staff and in the public they didn't know that they were included in the definition it it was gray to many people so once staff figured out that they didn't have captains all the time and that they were a livery vessel I don't think they continued issuing the BTR and here we are so no one has a BTR now so I don't believe so I can I can provide a little bit of clarity on that aspect okay so technically not technically by law we cannot deny a BTR so in the process process of clarifying whether or not they are bareboats or or Charters what we told them is like this is a bearboat operation and it is therefore a livery operation we cannot allow you to operate so you have two choices you can either go forward with the BTR pay for it and we will issue it because a BTR is not regulatory it's a tax or you can withdraw your application all those emails I can pull up and be provided that came from from planning staff Community Development staff to every BTR individual that applied for a bearboat charter this year and probably last year okay they either withdrew their application or in this case they didn't do anything and were still in limbo land trying to figure this out right now so their application was not denied no they were not denied all right well that makes it clear as mud it was not issued because we did didn't get guidance on whether or not they wanted to withdraw the application or if they wanted it to be issued with the understanding that they would not be oper operable because again BTR is non-regulatory so Mr Stevens got special U treatment his was denied so I think mine was a registration that was denied right not a BTR I believe the registration was denied but we also sent you an email stating you have two options because I remember going through this when all this came about this a lot of this started when when the state passed SB 606 and clarified when I can pull it up I got it right here I mean obviously there's been confusion on both sides so I think the question is how does council want to handle it regardless of all the confusion that went down if you all tell us how you want to handle it we will write up the code accordingly and that's the point I guess I'm trying to make we don't have clue what we're doing tonight and we're about to pass an ordinance on first reading that's a very bad way for government to proceed disagree with that c Mr dtin I I understand exactly what's going on here this evening I'm not I'm not I'm not bowing up I just I have a very good grip on what's going on here tonight and I'm a little confused as to other people not understanding what's going on didn't we say earlier that are we would not be able to go to a magistrate and win in a case based upon our current way their codes written was that stated or was that not that just somebody said that I didn't say that somebody did do we need do we need do we need Clarity in our code to enforce illegal operators I did legally I do not think that it was unclear however obviously it was in the general public because look at the confusion so I do think that staff would find it easier to enforce the code with the clarifications because it makes it very clear to everybody now if the intent is to include be boats as Livery vessels then these clarifications are helpful if we don't want to include them then we can write it up that way too so it's really a policy decision um for the council Captain green I was going to say we have three committees that just said let's clear this mud up well and it's not even that you sent that to all three committees was to clarify this definition so and and I don't and I'm not I I understand it's a convoluted thing and and I've been doing this my whole life and I'm telling you I walk a line on it sometimes I'm like but what we're trying to do here is we're trying to approve we were trying to get the verbiage better and that was what was brought that was the charge that was sent to all of us was that we want your input on what a livery vest is and to include bar boat or not and every one of those committees said yes we want them in the livery and every one of those committees said yes we want to make sure that we don't put people out of business been in business for three or four plus years so uh and I and I know it's semantics and it's and it and it bogs us all down because everybody's trying to wrap their brain around it and I can understand Mr Dustin's comment about passing this and not understanding it but this is this is this definition came from the last committee and it's a a culmination of all three and I I mean like this is as simplest as it can get and it also is not just for staff it's for anybody that's looking to try and come in here and be a bearboat that they understand the process of the city and how we're operating under a moratorium so that that's where that's where we're at and and I feel very comfortable saying that this is a good culmination of all three of those committees coming together and and and includes all that Council so this is a we're not changing the ordinance we are just relating to the definition and amending the two sections in an already established ordinance so the mud is wiped away it's basically word smithing yes ma'am one other question and and if that's where we're going Jim and that's where Council appears to be going that we want to change the definition libery to make it clearer but at the same time we do not want to drive these people out of business then would think a substitute that would incorporate one of the exceptions tonight because we are in the ordinance writing process now if we change it dramatically from now till second reading we have to go back to First reading so I would say that you know the proper procedure would be to include the definition change but to exclude what was the verbiage vessels over yeah want come up to address Council got to come up got to come up here trust me you want to be on the record U hi M condom back with you uh so the U the simple one sentence definition was excluding vessels over 32 feet so long as they're operated by licensed captain and are not engaged in fishing activities Jim is that suitable no sir all three advisory panels one of them included in the livery ordinance and that was to cap the amount of rental vessels that were operating in the Destin area okay so we could change that exclusion to from the 32 ft to those vessels that have been operating in Destin in the last three years I I I would agree that you need to make a Time certain and and and from from the past and also you know and and I know it's a bit because I had to do this with each one too because it was hard for us we pass this and then we pass this and like Mr Schmidt said we don't know what's going to come from the next one but you know the will of our advisory panels and this board is to do something to not put people out of business and nobody has said anything about putting them out of business so I think that we go with it in this manner and then you find out what's the best way there's registrations not medallions there's registrations that are not being used in the city's possession right now and it's more than 10 so and I have those numbers I'd like to go over that if I get a chance and and and that's what I'm saying like and I know it's it's it it was it was convoluted in the last meeting before you sent it to us and it's still kind of convoluted now but this this definition is kind of crisp and and that was that was what we were going for and I really and I I really don't think that uh anybody wants to put anyone out of business but I I do but it was clear that your advisory panels wanted this them included in delivery ordinance sir what time certain would you suggest I think three years you know I think 2021 somewhere in that nature that's that's my assumption because that was the bearboat charters have really exploded in the last couple years it has and uh I think uh I've seen the misbehave in operating long longer than two years I think that these folks that have these boats and provide the service our valuable asset to our community but it's you know we got to find that that fine line and it definitely needs to not include this year because buddy there's there was a lot of them and I would say even go back to maybe January 2020 2 and and that's my opinion some people out there in the public say it should go back before the ordinance and I don't think that's fair either because the city allowed them to operate on a miscar of what a bearboat was these these folks were coming in and saying they were a charter which wasn't a lie and the city did not have the knowledge at that point that what how it was really being operated so I think you got to find that happy that happy median to be honest yeah January 22 capture most of the people that you're aware of um in my case I manage four boats uh uh one would definitely qualify for that the other three would be put out of business uh first off I want to make sure we're not putting people out of business we still have Medallion we have registrations sorry Mr Bagby we have registrations that are available that that the city that you as a council can do something with the the feder the the For Hire fishing permits with Noah when they wrote the ordin when they wrote the statute they wrote that if it doesn't get reregistered if it doesn't be renewed it turns to dust we didn't write that in this moratorium there is registrations that were included in the original moratorium that is not being operated at this time that the city has the power over so we really need to get away from this divisive language of talking about putting people out of business and no I'm sorry I'm sorry I'm not it's not an attack on you I'm just saying that the whole point of this our side the yacht side everybody's up here positioning and I think if we The Advisory panel said don't put anyone out of business I had seen anybody up on this panel say put anyone out of business so let's quit talking about that figure out the definition and then figure out what to do with the registrations that you have so that we don't put anyone out of business the thing is putting them in the definition puts the moratorium on them okay so if they're in the definition there's a moratorium that's says they can't operate so unless we do something with them it is actually telling them they can't operate can we add grandfathering in it yeah and that's what I was saying earlier but to Captain Green's point and Teresa aar's point and what I was saying earlier there's things you can do to address it you can exempt them as council member Dustin just said you can create an exemption for the size of the boat for Yachts if you want to or you don't have to create an exemption you could give them a year two years or whatever time frame to come into compliance so that they're not out of business then we could deal with the registrations at a subsequent meeting so there's other options to deal with the existing businesses to not put them out of business but if you don't take those options you would certainly be telling them they can't operate we have a moratorium and they'd be a livery vessel all right so with that and go ahead one other clarifying question if we tonight's first reading if we put into this that uh there is a Time certain that they would be exempt but we don't say what the time certain is when we go to the next reading when we insert that time cting time certain would that cause us to have to go back to First reading um I don't think so because the title is still clear as to what we're talking about so the public has noticed so I don't think that you would need to go back to First reading if you want to go back you can but it's not legally required okay in that case let me make a motion that is a substitute to adopt the definition changes but to put into the ordinance that we are going to have an exemption that is based on a Time certain having been in business I'll second that all right I have a motion a second councilman Stevens all right yeah so I want to go a little more detail with the registration um so back in 2021 there was a total of 464 reg uh regist liy registrations so that was the moratorium number um so in 2024 we have a total of 440 so that leaves us with 24 registrations that are in in attrition right now um so I believe that number we can um we can we can bring them back to life we will not go over the current moratorium and um so between that number let's say there's if there's a 24 applications for these these registrations or or or let's say there's more than 24 that apply for then at that point we should probably go into a lottery system to where everyone has an opportunity to get it maybe the ones that had their BTR in 2021 we hold x amount of registrations for them I mean we're we we can discuss that but um the the thing is uh we have medallions sitting that are no longer being used and even um I I called around to see how many medallions are no longer being used with current businesses that have active registrations um so C techase has eight that are not available happy says he has 17 but they said they have about half available tailin has 12 that are not available so between the 24 that that are in attrition plus the potential 28 that these businesses have that would leave us with 52 um registrations um so I I don't think we'll be pitting these business out out of business and it gives them the ability to acquire these these registration um just remember it's not just registrations so when they come under this they not only need to be registered they need to have the parking they need to have the bathrooms and they need to have all of the things the code requires corre so just getting a medallion will not allow them to operate reg I'm sorry I'm using the lingo but it is a registration so so I mean one of the things that we can add in there is whenever um a business applies um for this hopefully onetime Lottery um opportunity that their their packet has to be complete showing their bathrooms how many parking spots they need um showing all the paperwork and just like just like what delivery um application was from the very get-go um and that way it actually gives the businesses that have been in operation since 2001 an advantage over a business that may be trying to get in or has not been doing it correctly so real quick can I ask you real quick you when you say businesses do you mean do you mean businesses as a whole or registrations because some of these businesses have been in businesses 2021 and they have brought on multiple new boats so my question is are you talking about business or are you talking about registration so each registration would be assigned to one vessel so if one business has four then they would need four registrations um and uh yeah I'm saying if a business opened up in 2020 they qualify if they brought on three new boats in 2024 did those three new registrations qualify qualify for for a reg to well to register for a grandfathering in or whatever it is or the lottery whatever method we go I mean I that's for us to debate I would I would figure you want to give the advantage to the ones that probably were doing it correctly in 2021 give them first opportunity I mean I I would feel at least yeah you can almost go chronological all the way up to today and if there's any left then you raffle off those that have all the requirements per the code and just first come first serve going backwards to present and then raffle off everything from there but again we haven't voted on that all right we do have a substitute motion on the FL yep yeah trying to wrap this I have two questions uh one for the luxury yacht folks you said you had four that you manage and only yeah come on back up because I want I want to make sure you said because get it right cuz now I kind of starting to see the other side of this you said you had four yes sir that you currently manage but if we retroactively went back to they had to be in business three years that only one would me would qualif I acquire these customers from boat sales and so if you were talk to me about buying a boat and you say I'm not really going to use it that much I'll say well why don't you buy it and put it in like Charter and we'll manage it for you uh there's some advantages to doing that um and so um particularly thinking of several boats that I've sold recently that I'd have to call and say hey Destin's implemented this new rule they've clarified an old rule my apologies um you're not out of business but you can't do business and uh and they would have to go to Fort Walton or sandest to operate in the dtin waters and uh we'd lose that Revenue lose that customer if I can make one clarifying comment the reason this is so tortured is because we're taking a rental vessel ordinance and trying to apply it to captained operated vessels that are operating as Bebo Charter only under contract not in reality what I mean by that is coastar will get mad at me uh but we operate under the effect of the Bebo Charter law we don't give people our Yachts they have to choose one of these three licens captains um so if well one one customer in particularly a 45 Silverton he fishes and cruises so he would close his cruising business and strictly fish sixpack six-pack is a very operable Charter for fishing for private yachts bachelorette parties bement tours where we spread ashes uh it's not practical to operate with only six so they have to operate by this barebo Charter rule in order to get to 12 so in my opinion that's why this whole thing is tortured and I I really am having the a heck of a time thinking that we're going to be the only town in the country that has such a rule and I understand it evolved from rentals but yet it still will be the only one and I'm going to you answered my question I I am not in the interest of protecting the guys that you sold boats to last summer as much as I'm interested in protecting the folks that have been doing this kind of business for three years or more so I I just I was like maybe this is where the explosion is coming from so I I I got your answer I got think of one boat that's been operating for four years or longer okay so one three years you know maybe and and maybe we come back and say oh two years because we have 52 registrations thank you okay Captain I I have a question for you you sit on all three committees and you know everybody on all those committees how many members of those three committees come from the luxury yacht business uh none that would be the luxury yacht business bill mckisic bill mckisic which he sells boats also okay and and you know I I also wanted to add something Mr Bagby if I may sure uh one of our committees also talked about and I was kind of waiting I didn't want to convolute the waters more because we were talking about the definition but one of the one of our committees I believe it was the harbor and waterways with Mr mckisic we talked about having some qualifiers on the yacht thing which is another it might convolute it a little bit but if we're worried about protecting yachts and and the few Yachts that there are it they had uh over certain feet had a galley had a head had a state room so that it wasn't a pontoon boat or something so there's you know there there's a little bit more I know it just adds to the confusion but there's a little bit more if we're talking about wanting to protect the Yachts too so I mean you could make it to where you could classify what a yacht is if that's were the the way you're going with it you know and then you could talk about how you distribute your registrations not medallions in that manner see I well no I'm I'm just trying to be fair you know somebody that said oh it's kind of like no offense short-term rentals you can buy this nice house in uh Crystal Beach and you have a beautiful view of the gulf and everything and oh times got a little hard or well you know I only come down five six times a year don't worry I can rent it for you and next thing I know I've got 48 people in the house next to me no okay so I I'm I'm trying I'm trying to protect a specific subset of people that provide a service and have provided a service in this town for a while not somebody that is just looking for a little you know your your guy that he can he can make a fishing boat the whole time and if he's eligible or gets the lottery or whatever God bless you just to clarify something you said you got your list you have the ability as a Bebo if they can pick anyone from the list you can't suggest but if you don't like them you can say never mind it's voided the contract's voided it's never happened but it's yes okay okay I just wanted to see if that was yeah I mean have position we have what's called a named operator insurance policy so we list all the captains and the insurance company does a little bit of background checking and and verification so we can attempt to add the client's chart Captain to that Charter gotcha um that's that was my only clarifying question on that from that comment all right thank you okay thanks how much Stevens yeah just turn that off uh I I guess the only comment I got is if if we do allow these uh the bear boats to um go around the moratorium The liery Operators would probably want the same ability to be able to cuz they pit captains on the pontoon boats also so you would have to do the same for them so just kind of keep that in mind too guys all right does anyone have anything that would make this any more confusing I I'm really reluctant to open the floor back up to the yeah well not yeah for yeah Gary troop 86 shy misbehave and so you know this this whole thing of chartering sort of like a bear booat it exists also in aircraft so you can you know if you own a private aircraft you can set it up so that it's um you know the person hires a pilot they do that and that's what you do to offset the cost of it um so and so it happens in boats too happens in boats everywhere and um you know I I hear this talk about you know it's exploded here in dtin I may be being naive but I asked Matt I said how many are there you know cuz I'm not down there at the harbor he goes I think there's probably about 12 operating right now that's not an explosion in my opinion but Captain you have a better number I I wasn't speaking to just uh Yachts private yachts I was speaking to the bearboat industry in general not not specifically that then but you know I still want to make the point that you know whether it's a boat or an airplane this stuff's all legal and it does help people offset the cost and uh councilman Bagby you know some people like that Matt will be their clients that boat's not chared all that often but it does offset the cost of you know a dock so I mean you're you're going to exclude those people that might be buying a boat and putting it in Destin if you say hey you can't do what you can do in every other City can ask a question real quick if I was in the boat business I'd be here today saying don't do that uh Mr troop if we if if if you fall under this new rule why can't you go get a why can't you go register to be a liery vessel uh we will okay and as long as it isn't too expensive we will um we'll make that decision whether we're going to continue and you have a dock you have we do we have all those so you would get one I would get one if it if it was reasonably priced I would you know which you know um right even if it's $20,000 like somebody stated I mean you you make potentially make that in a few weekend I would I would rethink probably probably but you'll be able to get one and you'll be able to still operate yeah I I guess there's some the market but I would make the decision whether I'd move out of at that point CU I just think it's um it's extortion you know there's no reason why um somebody should be granted that from the city council I just it goes completely against everything I believe in okay appreciate it well what if but if I wanted to offset the cost of my mortgage and move somewhere else I can't rent my house out short term like they can in every other city that Mak sense it's the same it's the same situation I can't do that because it's against the code of ordinances for me to rent my house out Airbnb but oddly enough you you approved it in my neighborhood you just decided you didn't want to do it in Old Destin you let Crystal Beach be I didn't do that well I'm talking about city council not you personally yeah yeah but you know so um and you know I'm going to go back and something earlier tonight and I I don't know I've never heard about this sign ordinance signed ordinance earlier that we were talking about and I don't think most people have but if Mr bagby's assumption is correct you're going to push them all to Crystal Beach you know it's like you're doing it to me again you know so um anyway I digress Captain just for the sake of fairness you'll be my last one and we will vote on this we will change a line or two in this this is why I'm a Libertarian go ahead I'll be quick so uh as Mr King pointed out the vessel that tried to go from six-pack to over six that idea that light bulb came from here see what I'm saying so and I'm very familiar with that situation and trust me I don't want to get into all that but that light bulb came from there but the one thing that struck me is I believe it was this gentleman um brought up earlier the Army Corps of Engineers and the capacity so if this gentleman continued to sell boats under the premise of them doing that wouldn't that add into this capacity issue the Army Corp of Engineers says you have or am I misunderstanding I think that's where he was going with there's 52 open so as long if that that would cap it that would still cap it at that 400 that initially started this whole thing okay yeah thank you yes sir all right Mr Mayor yes sir who seconded the uh substitute motion uh I pick one no they all definition change only because you were the chairman I final words I appreciate that attitude Mr Mayor uh so the capacity study was the study of how many vessels are operating in our infrastructure in the harbor a 100 foot wide Channel it would be the equivalent of having a two-lane road between here and Panama City today instead of 25 years ago it's not that there's too many vessels in the harbor it's that there's too many vessels operating with the infrastructure that we have in the harbor that's one of the hardest things we had with the capacity study it's not how many boats in the harbor it's how many boats it's how many cars on the road it's how many boats in the channel our capacity is overwhelmed on our infrastructure in 100 foot wide Channel that's that's the point of the capacity study I heard everybody talking about getting rid of boats too many boats that's not what it's saying it's saying that we have too many boats for what we have legal channel for people to tr to go through the harbor with few things that I'm hearing here uh planes are different you have to have a you have to have a license to run a plane you can't take off in a plane legally a boat you don't have to have a license unless you're over 65 ft or a certain tonnage so and then I hear that these boats are only running every once in a while but then I also hear they're big contributors to our economy so which one is it are the boats these Charters not these yacht Charters not running a whole lot or are they actually contributors to the economy so again I think I think we just I I really want us to do the definition all right because because you put a ton of your time into it right and figured it out because you're the chairman point I am roughly over uh in and chairman and Patron of this of this type of meeting I'm close to 12 hours all right does anyone need a reminder of what the substitute motion is on the floor if not I will be calling the vote Yes Ray good luck do you want me to read everything that Mr BBY read earlier I um as much as it takes to clarify substitute motion is U exemp uh businesses based on the time that have been in operations it's the harbor board definition with the tweaks by council member Stevens plus what Ray just said yeah remove the contract add electric and substituting creates the exempt of time we're going to keep it open so we can move this forward to Second and then hopefully get a little bit more clarification on what that time may or may not be all righty okay yes so that would allow the Yachts the former airboat Charters but the luxury Yachts to get a registration is that correct yes yes because there's going to be that exempt of time yeah okay we make sure I understand okay call the vote all right eyes have it 61 alrighty that's it six cosm Stevens I have nothing else tonight cos M no way I come on let's go through all CIP projects cestin nothing tonight C BBY well I did but I think I'm going to move is Troy back there how how long is your president presentation cuz I didn't see it okay after that control okay yeah move it to yeah I want to move it to the next meeting I you know 10 o' is late enough go councilwoman a nothing thank you counc Council King just a handful of things SCH yeah real quick Andy could you help me out please can you pull up uh City of.com uh website for me we're going to go Page by Page just I I just need I have some folks asking how to do something I'd like for it to be shown to the people that are watching is that possible with there can can we can we put that on the screen to be seen I'm sorry it's okay while he's working on that can I just give you an update on 220 to uh cyber pleas okay so um staff and the city manager went over there um and spoke with the property owner he did indicate that he wanted to come into compliance he's not in compliance as of today however uh Troy went back out today and um I wanted to give Troy the opportunity to let you know if he's working in good faith towards compliance Troy do you want to give them a very quick very quick answer to that very quick yes I went over there twice today once in the in the morning and Mr Marlo was working hard on removing the stuff from the front of his property um it has it was as clean as I've ever seen it since I've been here and then I went back in the afternoon to check again and he was still out there working making more Headway so I I believe he's making good faith effort to trying to come into compliance obviously there's a lot there can't speak so much as behind the fence but everything out front of the fence that you can see from the roadway a lot of it's been cleared I would say a good 85% of it so with that um I I would I think we were going to maybe not file until I give you another update at the next meeting perf okay if everyone's good with that okay thanks all right at least four head Shak I have a little bit of a family emergency so with that I'm going to leave all right bye bye thank you so I had some people asking me about the um RFB process Mr burges shared with us if you click I want to and right there I want to and then view bids and RFP yeah so right here it has a a option to click on something but the question I've been getting from people is after they click on the rideway and grounds maintenance continuing contract how do they um bid they would need to get it through the clerk's office because we need to maintain a list of bid holders uh that way if we issue an addendum we'll know who all needs to get that addendum so you don't get the RFB directly from the website but you can find out that we have one advertised and then you can get one from uh the clerk's office okay just a feedback if you don't mind I know it's late I know we have an issue with people submitting bids maybe this is part of it nowhere that I could see on there does it tell me to contact the clerk's office to do something contact person it just says contact person I mean I was expecting a link to apply to contact I mean just something so if possible could we add something on there that makes it just a little bit easier for somebody to submit a bid to that's not a problem if possible yeah um okay so but in in the mean time they need to contact the contact person to then request to do a bid is that what you're saying yeah if they're interested in getting a copy of a bid uh contact contact contact the clerk's office then that would be sent to them electronically and we would y can make some IR tweaks to make it easier for people to get more bids I would I think I'm all for it no that's good okay thank you that's all I have Mr Mayor yep all right um whatever your title is Larry thank you sir uh one last simple request at the at your October 21st meeting which will be your next meeting we need to convene the CRA board at 5:30 to take care of some business related to the um debt issuance that you approved earlier moving forward with but there needs to be some action by the CRA board to support that so we will make that announcement and get it properly noticed so 5:30 at your next meeting we'll meet as the C board awesome I have nothing and City attorney opted out for nothing uh public comments none come on slam it all right it's 9:50 this meeting is adjourned