e e e e e e okay at this time I'd like to call this meeting to order and we will have invocation by Reverend Steve from the First Baptist Church Father in heaven we just come before you thanking you for your goodness and your grace Lord we again thank you for all these that serve and Lord I especially want to pray for our military and those who have given their lives for this nation Lord I want to pray for our First Responders and all those Lord all these tourists uh we need safety in this town and on the water and Lord uh we need people that can work there and help and Lord I just pray for them this Summer lord it's going to be a lot of people here and so Lord we ask for your blessings and your guidance in all that we do Lord again we want to thank you for this day for this city and for all those people that lives in it to make it possible and we thank you most of all for your son in Jesus name amen amen a if you lead us in the pr please please join me with your hand over your heart I pledge algi 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 okay at this time we need the agenda approval Mr Mayor uh protim I'd like to add under my name a membership appointment for the public works and Safety Committee we can do that thank you m Mr may I need to add uh an appointment as well under my name for LPA all right thanks Mr Mayor um I'd like to make a motion to move Livery topics up to after public uh comment second second all right any discussion of that motion well and I'd like to add uh update on the pickle ball courts under my name updates and I thought it was going to be a simple night messed you up didn't they do we yep okay with no discussion we will move forward with the vote on the agenda Mr Stevens we're going to Voice vote okay uh yes Tor yes Mr Bagby yes a bear yes I vote Yes yes yes okay that one passes unanimously and at this time we will do a proclamation thank you sir this at this time we are going to be proclam mating National Public Works week advancing quality of life for all whereas Public Work professionals focus on infrastructure facilities and services that are of vital importance to sustainable and resilient communities and to the public health high quality of life and well-being of the people the city of dtin has and whereas these Services facilities and infrastructure could not be provided without the dedicated efforts of Public Works professionals who are responsible for rebuilding improving and protecting our City's Transportation public buildings and natural resources essential for our citizens and whereas it is in the public interest for the citizens Civic leaders and children in the city of Destin to gain knowledge and to maintain an ongoing interest and understanding of the importance of Public Works and Public Works programs in their community and whereas the year 2024 marks the 64th annual National Public Works week sponsored by the American public works Association now therefore I mayor protim Dy Destin and on behalf of the city council do hereby proclaim the work the week of May 19 through 25 2024 is Public Works week in the city of dtin I urge all citizens to join with representatives of the American public workers Association and government agencies in paying tribute to our Public Works professionals recognizing the substantial contributions they make to protecting our health safety and quality of life here in Deston and witness therefore I have here to set my hand and caused the Seal of the city to be affixed to this meeting of the city council of the city of Destin and it is signed by our mayor Bobby Wagner and I just wanted to say without Public Works the city doesn't hardly exist Does it we're just a very dbed to all of you guys that make everything in the city work and uh you know you have our great and our great thanks and gratitude for all the things you do without the shads and the and the buildings and all the things that you take care of we'd be in sad shape [Applause] yeah okay I believe the agenda change was to move the liary ahead of public comment after okay at this time then we will take public comments I forgot dolphin Point how could I do that okay we have some representatives from Dolphin point that would like to make presentation okay all right my name is James Dexter I'm a homeowner of Point South Town Homes and I'm uh Janice Cole Moran um Jim and I have been seeing each other two years Monday happy anniversary and uh you know we first started dating I could park my car there overnight that changed okay so the reason I'm here today and requested to speak was because at the uh May 6th city council meeting I was really Disturbed um by the way things were presented by I'm going to call our opposition which is Dolphin Point uh since uh that time in just two short weeks I found some history I think will interest everyone considering that you were a witness to the April 15th meeting which we feel was intentionally uh snuck in under the radar and I have some uh things I can present and oddly enough that correlates to kind of the same thing that went down in 2010 which I also have evidence of or let me say questions about because I'm not here today to point any fingers at anybody certainly on the city council or on the city staff but I do want to draw some attention to some of the comments and uh hoop jumping for the grand plan of dolphin point because after I've learned more there's more to talk about so I'm going to start with the exhibit 3A that I submitted to you in my speaker form presentation packet and uh that is um where the loop went I think you remember we discussed uh I got to make this fast there's so much so please uh give us a chance if not tonight to fully address everything on my uh bullet points but I call this uh my lethal bullet point because uh the loop 14 years ago according to um exhibit 3A let me get to that and this agenda is from July 1st 2010 the subject review and recommendation of right away vacation request and it's 10- one I think that's the ordinance number which is in request to vacate a portion of the northernmost 74.4 ft long section of the public right away that's the loop and they're going to vacate it to Dolphin point back in 2010 it's all right here and then if you move a little further along you'll see that part of the improvements proposed by dolphin Point HOA will bring the southernly non parking spaces into compliance with the LDC 14 years ago I don't know why that wasn't done and we'd like to kind of exam in that and better understand what happened uh then Miss Betty Norton the uh owner agent for Dolphin Point uh requested vacating it um and uh they also went as far to say that they uh vacated a portion of that we should vacate a portion of the right away to install a security gate for the protection of the owners and their property that was 14 years ago in 2010 all right also they had to meet C criteria which comes under question today like the road does not Prov provide sole access to any property which I I think it does but I'm not a road development engineer or anything but you know it also says the proposed vacation is not detrimental to the public interest we went from a loop to a three-point turn I don't know about anybody else but if kids are running around I'd rather be moving forward than backing up with blind spots it's just been a gross misrepresentation by dolphin point to speak quite honestly and I I I don't feel comfortable making accusations so I'm just saying we're here to make inquiries I don't know what happened but uh we'll go on to say that you know the reason I felt like this one under the radar even back then the home owner association president maybe one reason they don't have offence is because she was terminated in your notes it says that she was found to be misrepresenting dolphin Point her own cheering section were angry because I don't think they intended to pay for offense but all I know is uh she didn't re according to the people in the notes here and you have a copy of this but I can also make available the uh agenda from I mean I just have it all here so I'd love to share it with anybody I understand she was up here for I think she said two years every other day working with everybody well in two weeks I found that uh doesn't look like they lived up to the end of their bargain last time why are we negotiating with them again so here's our ask because quite frankly you know I'm not a finger pointer but I do hold people accountable and I seek Justice and truth and I'm I'm thinking y'all might have got played forgive me for saying it like that but here we go let me just validate what I'm saying here with a few more things in that ordinance you know they look back in 2010 they posted the wrong public hearing notice date let me show you that so they were always moving it around and they said well you know we sent out mail and we put an ad newspaper ad but for whatever reason and it has the dates it they were wrong for the public hearing but they decided to move forward anyway because the other two dates in the newspaper you know people who aren't involved I don't know about you but if I read something in the newspaper don't involve me a lot of news out there but if you would have hung that public notice with the right date back in 2010 more people might have showed up back then come on so forgive me but I've lost a lot of sleep this week I think we all should have maybe a mandatory spa day for city council people and workers and um you know just can we pump the brakes please and can we just better understand what the heck happened thank you thank you for presentation and your your presentation raises a lot of interesting questions I believe this issue will be on the June the 3D meeting so you'll have another opportunity to talk right now we're just trying to give information hopefully everybody will take consideration look at the history try not to repeat processes there's there's use for everything understand you guys are the experts and for sure you guys are more in capable making the decisions for the greater good and we appreciate you taking the time get can I add one thing or am I already gone cuz I walked away cuz we Haven an ask so if anybody wants to know what it is we want done at this point we have something prepared thank you all right do we have any other Mike ABY 530 Harbor Boulevard I'm here to speak on the Livery vessel ordinance that y'all going to be considering and um basically I've been in the livery vessel business for 34 years according to the US Coast Guard they don't have a classification for Livery vessels their classification for Livery vessels is beo Charters okay so actually I've been in a bbo charter business as far as the Coast Guard is concerned for the last 34 years so I kind of know a little bit about bad booat Charters we've had a moratorium on Livery vessels by the city of Destin over the last several years which all the legal operators have lived by and now a group is coming and asking for some special consideration my my suggestion to the council is we have there's three legal ways to operate a business in Destin two of them under the purview of the US Coast Guard that's a six that's chter for higher an uninspected vessel which can carry six passengers and an inspected vessel which can carry as many passengers as the Coast Guard designates the third option is delvery vessels designated by the city or bed boo Charters as designated by the US Coast Guard they have strict rules and regulations of how those boats can operate we understand those and we we operate under the city of dtin delivery vessel licensing which has strict rules and regulations which we've been following following for the last several years since yall designated delivery vessel license so we've been on the moratorium we think the moratorium should stand anyone who wants to operate a business I'm not against I'm Pro business I think everybody should have opportunity to operate their business they have three options for anybody who wants to operate a a commercial vessel in dtin one of them is the is the two of them under the perview of the Coast Guard one is the six-pack Charters which I can get tomorrow and be in business one is Get Your Vessel inspected and operated as an inspected vessel which you can carry as many passengers as the Coast Guard designates and the third option is to purchase a currently existing Livery vessel we call a medallions the city calls them a a registration a liery registration there are several available for sale in this area I happen to know two or three people that have some for sale if anybody wants to purchase one I'll be they can call me they can contact me they can get my my number from from the city staff I'll be happy to put them in touch with people who have these for sale okay I don't know the prices of them I'm I'm not the owner of them so I'm not going to be in a negotiation for the sale but I think that's a good viable way for these people if they want to be a run a bad boat charter purchase a livery vessel license legal with the city of D final note if the city of dtin is going to make some changes to their Livery vessel ordinance I caution the council to be very careful in the verbiage and the wording of this thing as it does make be certain that it doesn't conflict with the US Coast Guard rules and regulations I realize the city of dtin can do whatever they want they they you have the authority to make your own rules and regulations but it would be nice if there's no conflict between city of dtin State of Florida US Coast Guard if their rules and regulations coincided thank you anyone else liary vessel issue is the very next thing on the agenda Council Mr Dewey Mr act acting mayor or mayor May mayor Pro Temp uh my name is Captain Jim green I'm the president of the D charter boat Association we uh represent 80 small businesses in the D area and over 90 vessels and we're here to talk to you about delivery vessel designation as you know the harbor has had an influx and we have done a lot of work to uh rain in a lot of the rental vessel issues we were we were getting overrun in the harbor by rental uh vessels that was a very pain taking tough process uh we had Livery businesses we had stakeholders and we had City leadership that worked real hard to rain that in and uh try to find a fair balance uh within our small commercial area that we res that we work uh in the working Waterfront of the Dustin Harbor um on May 6th you heard some some testimony there was uh a talk about an exemption certain things like that um just so you know the US Coast Guard has a task force right now that's operating to try to rein in illegal Charters by me saying that I'm not accusing any of our bearboat operators in Dustin of operating illegally or indicting them but that task force was created because in part because of the bearboat charter industry and with online booking services and uh an explosion in the use of of Bebo charters in the last handful of years it is uh I believe that is why the state redesignated them as Livery operators because before they specifically excluded Bebo Charters and I as part of the process of creating the Livery ordinance and the moratorium I think that it goes against the past and current Council actions and your and your advisory committee recommendations to move forward with an exemption I we we the dcba feels that we should operate within the Livery ordinance as it is uh it has been known that some of th that there is some attrition in that industry and that those medallions for lack of a better word are available and we feel that that should be the path forward and U you know there's a lot of effort that goes into running a vessel that can carry more than six people uh most PRI most production and custombuilt vessels nowaday do not meet that rigorous standard uh when you build a vessel that can that's made to carry over six passengers for higher your blueprints have to be approved the coast guard is at no less 20 times at the building side of that vessel uh The Vessel Arrangement firefighting safety equipment vessel recovery systems such as build suction systems that are separate from your normal build pumps it's it's a very stringent standard and it's very tough and it's there so that when people Charter a boat and they see that COI they know that their well-being and all the safety features that are required of them have been inspected and are in compliance and right now the bearboat charter operation runs in kind of a gray area it it allows them to carry more than six but negates them from having to to adhere to that rigorous standard and you're going to hear some Charter captains testify to that and it's uh it's a bit of a gray area and and allowing any exemption and not and not kind of staying within the moratorium and all the hard work by all the people in this town that have worked hard to find a fair and balance way of operating on our limited commercial Waterfront uh it would be disingenuous to them so thank you for the opportunity to testify and uh now do we have anybody that wants us to talk about something that's not delivery no so this is public comment it is yeah this has nothing to do with Livery as much as I want to talk about it but it's not um Greg fiser 1242 Bay Drive I just want to thank the council for their generous donation to The waterways and safety videos that we are going to be producing I believe it's going to start here real soon so this is the third video of a three video series that uh basically just discusses safety and our waterways uh specific to pontoon boats we did one for jet skis and one for just the general waterways in Crab Island this is the third one uh those videos have garnered around 45,000 views on YouTube but they've been shared um you know hundreds if not thousands of times so I think we're in doing a lot of good things there I see more waterport operators actually posting the videos on their their pages and sharing them so uh really excited about this third I think we'll finish up the production early summer and maybe by uh you know July or August we'll have it uh have it live so we just want to appreciate uh that consideration thank you Carrie Zinger ready Spring Lane so to give a quick little history in 1992 my business was grandfathered in here in D I'm a mobile vendor I use the RightWay and I entered into an agreement with the city and I've held strong on my agreement for 18 years there's a whole lot of stuff involved in it if for some people that don't know and I have given our City attorney a copy of that grandfather status so in the meantime here we are facing Memorial weekend and you're going to see in the food truck industry this is why I probably saw it 20 years ago a lot of trucks here a lot of ice cream trucks they're from Panama City there from but more importantly I'm not quite understanding why people that live in Destin and operate out of Destin are held to the to the fire but if you come from another town you can come do business wrap it up and go back home we should never really want that practice I'm I kind of don't understand it and more importantly I'm not quite sure that we shouldn't know who's soliciting the children of the community it's kind of important so right now I think what I'm looking at is co compliance apparently has a small problem because they really don't have anything to put their teeth into you can correct me if I'm wrong I'm not trying to quote anybody my understanding is they don't have teeth to back anything that's not there so there was there before we redid the comp plan in 2019 I sat in the meetings I gave the final uh end all Beall to the uh Miss cop so what I'm getting at is now we're flooded with a lot of illegal businesses and I'm hoping maybe this Council can help give some uh authority to our Code Compliance it's not right for people y'all I invest in this community I bought land on Mountain Drive to Warehouse here we invest people that live here and pay to play We invest in the community people that come from Panama City to work the beaches and go back home we shouldn't allow that but I don't know how we'll get a grasp on it so questions any questions okay thank you for your comments we'll look into it thank you this is about I know that you're trying to stop it and I'm not very good at public speaking so I'm going to read what I have to um Clifford atw uh T in Florida um so I want to thank you for your time and allowing for public input I understand the new change in the bearboat and demise Charters to liary vessels by the state of Florida has prompted the SE to cease issuance of business tax receipts to bearboat charters in Destin the current Library Medallion system in place regulates the unlimited growth of rental boats I believe this system in place works well as designed and prevents unre unregulated growth to allow the exemption of bareboat Charters only encourages this type of unregulated unlimited growth of rental boats as those boats who are currently limited to six passengers and uninspected by the Coast Guard will find a way to run their boats with more than six passengers as an uninspected bearboat Charter per US Coast Guard any boat carrying six passengers or a fewer is not regulated by a certificate of inspection this means no blueprints have been submitted to Washington for for approval no wiring or piping schematics provided no crash bulkhead no engineered fire suppression system in place no annual top side inspections no whole inspection no quarterly training of the captains or Crews I could go on the stuff that that's missing currently a local Coast Guard contractor is providing a similar inspection service as a courtesy to these boats who carry six passengers and fewer and these the these are the inspections that these bearboat Charters are getting not COI inspections they're courtesy inspections however these boats when charged as a bearboat vessel are carrying more than six passers passengers which means they should fall under the US Coast Guard regulations requiring a certificate of inspection by requiring all bearboat chars to comply with the liary ordinance these boats whether self- captained or captained by a third party would then be regulated by the city and cod compliance City and code enforcement should be properly trained to understand and enforce the contracts that the charter and party and the boat owners have as well furthermore the city of deson issues business tax receipts according to the parking limitations if these boats are if these boats are issued a BTR for carrying over six passengers they should not be required to operate as an should now be required to operate as an inspected vessel by the coast guard regulations The liary Medallion system currently regulates rental vessels ensuring that parking limitations are limited per Medallion issued to allow a boat which carries over six passengers to operate as a bearboat charter instead of operating as a liary vessel lowers the standards for all vessels and provides an exception to the rule by granting these exemptions time and time again the City opens itself up for more parking issues more congestion and D Harbor and no governing entity for the liy boats I ask you this evening to maintain the current BTR and liary system that has already been established as a standard of procedure for uninspected rental vessels and regulates the growth of rented charter boats thank you for your time hi my name is Matt Condon I reside at 99 Cayman Cove and um um my uh comments are made related to Livery vessels liery is a strange word it means rental so I'd like to call it Rental vessels just to clarify um I own and operate Destin private yachts which manages bearboat Charters we refer to them as private yacht Charters I also own and operate Destin private Tiki which um which is a inspected vessel and I also own a and operate a uninspected vessel so I have a foot in all three camps and I think Mike Jim and Cliff all made some very good points but I do want to point out that for someone who's relatively new in business such as myself we had to ask and make a business decision do we go into this business are we legal and able to operate as a bearboat charter in Destin and the answer we were given by the the manager at that time city manager was if your Bebo Charter is 100% operated by a captain you're not subject to our Livery regulation so we went forward bought boats my customers bought boats which I manag and um so what's happening is Administration has made a change to apply this no longer apply that stand standard excuse me of uh Captain operated as to whether it it does or does not qualify under the Livery uh rule so so it's a recent change that that has a at least 10 boats that I could think of who have been operating with existing btrs as a bearboat charter captained only um they've been granted btrs and now moving forward with the change they uh proposed not to be granted the BTR which would put Destin in a unique situation as being the only city in the State of Florida that prohibits private yacht Charters and private yacht Charters have been a real boom to the to the community it's allowed people who are privately own these boats to put them out for Charter uh guest hire professional captains and and um I just I don't see any negative other than um Medallion holders who feel that they have an intrinsic value in that Medallion and want to see it sold by the way somebody might probably wrong time to ask a question but does the rule does it not specifically say that it can't be sold medallions can be sold does the law not say this Medallion cannot be transferred we allow them to be transferred okay so it's an Administration okay had we known that maybe we would have bought a thing but we made the did you say thator we have allowed them to be transferred you all um recently approved an agreement for someone to hold her uh medallions their registrations um and make them salable so we we do allow them to be transferred we just do not allow new medallions to anyone that was not in business at the time that the moratorium started okay and I apologize G give him a 24 seconds back what I thought we allowed her was she was going to have them down for a year because if they weren't used they expired and so what we allowed her in that one instance because she came and made a a point to this Council was I I can't use them this year and I can't even remember why she couldn't use them can I extend them okay so that I could have them that that was that specific case but we have allowed them to be transferred as long as it doesn't change the number of vessels that are registered overall in the city we have allowed them to transfer between okay and who who owns those registrations because this is the point does the city own the registration or does the person who applied for it last year own it for this year I think the person that is registered with the city owns it and can sell it but that's the way we've handled it yeah I think I think y'all made a decision and we probably need to review that as a council perfectly fine we can do that you can do that now or anytime um thanks Jim thanks Kim um so again you know I really because I'm in all three camps I I don't want to say this is the right way that's the wrong way I can only tell you that private yacht Chargers is here to stay worldwide Nationwide Florida wide it benefits a lot of people and um so I would rather figure out a way to navigate through this of then say we're right you're wrong I would point out to the fishing community that a private yacht charter is typically registered recreational and cannot get a fishing license unless they are operating a commercial vessel so we don't compete directly with the fishermen let me ask you this if if you're taking a crew of people and they all have their own fishing license can you take them fishing as a private boat yes but as a practical matter um if you look uh and you see why I ask that I do there's a little wiggle room there yes but um you know does it happen I I don't see it um yeah perhaps but but again my point is um it's not a direct competition um private yacht Charters or they're in the tour business but they're different yeah that is your 21 seconds I do have a question okay you you own you have multiple Yachts yes sir well how many T boats yeah okay how many do you manage in the city of limits of D on the private yachts yes four okay thank you thank you Jimmy Perkins 3890 sand print um three years ago had legal six-pack pontoon Charter right across from Crab Island the ultimate spot could not keep up with the Joneses because everybody and her brother in dtin was be boating out of the harbor Joe's Bayou everywhere I was on you guys left and right to enforce enforce enforce so only way that I could keep going was move to Fort Walton with my boats so that I could bear boat because at the time Miss cop over here said absolutely not you can only do six packs even with six-pack license I got shut down on the fourth of July because because sorry we never had that conversation but go ahead I got shut down Fourth of July because um they said that I was doing bear boats and I was doing 100% uh Captain Charters so to keep up with the Joneses I moved my stuff out of there because nobody would budge on it and that's that was the the rules so now three years later you guys are going to take a vot want to to give up some uh Livery license and all that other good stuff I'm going to want some back I'm going to come back and get mine I had parking I could I had parking for uh 40 40 people to get on a boat so I'm saying I will be wanting one and there's probably a lot of other people just like me that had to move to keep up with everybody else so you know you might be opening yourself up for some legal right there because I'm definitely if you guys hand them out this way I'm raising my hand and I want one I want 10 of them I don't want one I want 10 of them right here in dtin so and I got the parking so any questions no but just to clarify we never talked about the number of people on your vessels for the city's perspective what we talked about and what I said and I still say is that under the existing Code Bear boats are considered a livery vessel and at the time the reason is because our code provides that if you do not have a captain and in control at all times you're falling within the city's definition of a livery vessel now Council can choose to change that or not that's a policy decision but what it currently says is that you have to have control the captain has to have control at all times when you're a be booat that control is relinquished to the person renting the vessel and not the captain I just want to clarify what I've said before I know the rulle is very but at the time I was pounding on the desk saying hey I I can only do sixpacks here and all these other people are are bare boating so go ahead go ahead oh I'm sorry she was speaking to me Dey so I just was talking back so and I was not talking back I was just answering her question I deal with Miss cop in two different places so I was not talk about thank you thank you uh I'd also like to speak to the liy issue um Captain Kyle Oh Captain Kyo uh operate Char Bo special case 66 Harbor Boulevard in dtin um I have a six-pack Charter vessel and bear with me I often rely on the likes of Jim green and Gary Jarvis who understand me and take what I want to say and put it in more eloquent terms uh upon hearing the efforts of some to become bearboat Charters operating with over six passengers out of deson it took only a minute to realize a dangerous doorway was possibly going to be cracked open exempting be boat charters from the existing liery ordinance will lead to uncontrolled growth where will it stop I reached out to numerous charter boat owners that I respect and I feel I have an open and honest dialog dialogue with uh maybe not about fishing we're honest but everything else we are uh I like to thank that the ones I spoke with know I have their back and I expect the same make no mistake as a six-pack vessel I'm watching this situation very closely if it were to increase the already vastly oversaturated number of fishing charters I would have no choice but to follow the precedent others set and follow suit thus becoming basically an over six6 vessel virtually overnight I would do this as a means of survival however this would be incredibly unfair to my friends and peers in our industry operating under a COI otherwise known as the over six pure inspected vessel here in dtin furthermore it stands to destroy the value of those over six vessels businesses and their permits we we all just get on a even pling f the snap of a finger I hurt Allan I hurt Justin I had never had plans to do that but if the president set 100% I will uh trust me uh the the precedents of how to operate be boats or even illegally allog together are are out there in the wide open for all of us to see we all know the means people are doing it it's not hidden it's openly spoke about in our community how to do the illegal Charters you just follow suit you just follow the Press that's been allowed by the coast guarden F FWC up to this point uh however should the bearboat issue be kept in check by the city of deson I would simply continue as I have as a six-pack vessel and respect the COI sixpack RS that have been in place for decades is set forth by the US Coast Guard um as this nice lady was talking a minute ago sometimes I'm a simple guy and sometimes you have to apply common sense so if somebody has a bearboat charter to take over six patchers and this a Pon boat not a big deal if you pick your captain and as as a bearboat charter as she pointed out you're the the renter the client is supposed to supply the captain now lists are provided of a number of captains but this's apply common sense if you take a a pontoon boat and say hey there's Kyle and people who've seen me drive special Cas somebody's got W want be driving their boat so you know yeah he can drive this this pontoon boat but if you have a high six fig to Mid seven figure vessel does anybody applying Common Sense believe they're going to allow them to show up with the captain say here's my captain off we go thank you bet you can't guess what I'm going to talk about uh um Ryan Holloway 530 Beach Drive I own Holloway Yachts fishing fund Dustin I'm partnered in craft Yachts Beach Coast Yachts uh we have um four Yachts two aquilas and we have a fishing company um to the last part last thing that was said before I forget u i I do understand the point yeah we're not going to allow any Captain to take our boats there you're out your DN mind uh if you think we're going to do that but with that said we do have a list of four plus qualified captains on each vessel that they call they get in touch with um and and they are connected and and and then the captain can then take but now I have someone that doesn't like one of my captains and she had the option and on July 4th he's not driving that boat I gave her a list I said called John and and they get a list on every single deal I've sent y'all my contracts there's a list of four or six names docy signed on the last page and they call them of it's clear's day so the only people in the world that I know of that think this is illegal or something are these guys back here um literally y'all are going to tell us that the Coast Guard that the city's right the Coast Guard is wrong when I have the Coast Guard get on my boat and approve this every single year on every single boat I pay a compliance company thousands of dollars to make sure that we're there everything we have is done and then the Coast Guard comes and they give us VSS upvs everything to actually permit this to happen so they're trying to tell me that the Coast Guard's wrong they're not sorry they're not um and like I said the delivery delivery thing is a rental we are a private yacht charter companies's with private owners and we're big high expensive boats I agree 100% with the pontoons Everybody Run each other over because we worry about it I put people on the bow of the boat so we don't hit anybody or and mean I make can run Radars in the harbor which is not really a good thing but I'm scared about seeu like going on like I'm worried about it and we can spot it we have the most expensive Electronics our boats are paid for and they are very well taken care of and and I think isn't the whole idea that we want to actually make Destin a better place like do we want to provide a more high-end client base bring more money in clean the harbor up so we have these multi-million Yachts coming dollar yachts coming in million dollar yachts coming in bringing you those people that will probably go fishing that will probably go this do this another day put money in this community because they are the people that can actually afford to do this crap and then we're going to tell say no we don't want you anymore after y'all been allowing us to dope for four years I I I don't know um but this would be the only place in Florida that's going to put a stop to it and I think that's kind of ridiculous when all we have to do is go St Destin and start all over so um I hope not to do that I mean I PID Keith Howard I can't actually not allow to say how much um a lot uh for my boates and and um I hope y'all make the right decision here cuz we're not trying to stop we're not trying to break any rules here we're not we're trying to pay taxes like we're literally trying to give money so um that's all I got thank you quick question how many how many you say you have four he has four anybody because I asked the staff today and they didn't know how many certified Yachts we have in our Harbor um I think Larry has two I have three let's see I have four in the harbor the achilas are in Baytown um Matt has what three or four four um besides people sneaking in and trying to pick up off of Kim Perry's dock I don't know of uh any others Okay so hey I'm Allan Staples Oliver over on uh North Lakeside I'm a third generation Charter Commercial fisherman here in D I own and operate two over six boats and I agree with everything Jim green said the the as far as the uh Char Association stance on this the Dustin Char Fleet is the heart and soul of Destin the the fisherman is Destin that's do you know that I mean everybody knows that and I feel like they need to be protected right now with this this is an opportunity um to expand in a way that it doesn't need to be expanded and I feel like the city needs to protect the fisherman that's all I got thank you'all hello my name is uh Scott Robson I've been a Char charter boat operator pretty much all my life for 40 some years I've sold and I sold my business to Phoenix and I purchased a pontoon boat that is a charter boat um and I am an inspected 16 passenger charter boat had to go through all the Hoops inspections everything that's the reason why I got it I don't believe in be boating for one they don't have to pay they don't have to deal with all the regulations that we do I don't think it's right I also think that if we exempt that fact that you have um the the Livery vessels right now for the State of Florida said those are the only boats that can be bare booed if you exempt that then you're going to see explosion of pontoon boats more in in the area because there are no rules and regulations for them for myself I got to buy a park pass I got to pay this the County 400 bucks a month to operate out there to go to Crab Island bear boat boats don't have to pay anything there are no rules or regulations for them now Livery I get it there are Livery boats if they're legalized to have bare boat captains on them it is what it is but I don't believe in that the city should exempt the other pontoon boats that are not Livery boats and open it up you're asking for a whole new barrage of boats because then everybody's just got there get a bunch of pontoon boats whether there's parking for them or not and jam them in here so I'm against that thank you I'm captain Brandy miles um we actually have three Charter vessels out of our open my address right we live here in Dustin Florida and um we have three Charter vessels I have two six-pack vessels and a multipass passenger vessel operating out of Dustin Harbor there at HarborWalk Village um I do believe that the letter sent by the dcba we fully support that as well as if we decide to make the exemption as most of the captains you've heard have said we'll see a free-for-all we'll see chaos you know we have I have a 40-ft boat that's sixpack and I also have a 55ft boat that's a six passenger boat we could just you know slap a uh bearboat Charter on it and call it freefor all well everybody else will do the same you know I follow strict guidelines by the the Coast Guard I also have one of my vessels that is you know expected that doesn't mean I can carry more than six passengers on my six-pack boat because they come down and look at my safety equipment and my fire equipment you know that's just my personal opinion so I would just say Keep The Medallion or Medallion system on those boats that want to operate as bearboat that makes them just a part of delivery like everyone else keeps the piece for the for the whole Fleet I believe and for the harbor as well that's all I got hello Council I am Jonathan Hodges 248 Ben Arrow Drive in Dustin here we've dealt with each other through through the harbor dredging issue as for this Livery issue um so I'm also East Pass sailing company's owner co-owner um we do the courtesy inspections on East paast sailing company but we operate as a legal six-pack char uh with a business tax receipt but as Captain Buccaneer we do the fully inspected COI and the inspections are just not even comparable the COI inspections they go through it with a fine tooth comb the courtesy inspections they come on they look around they don't see anything dangerous and give together a thumbs up so the inspections themselves are are very intensive when it comes to the COI they take your boat out they take your crew out they make them go through the training that they went through they asked him questions about firefighting it's it's just apples and oranges there um so speaking of the free-for-all I've spoken to several um not yacht captains but beo pontoon captains uh over the years that have pulled up on the dock that East path sailing is on to pick up passengers and I'm like hey just wondering what what you're doing over here on the dock it happens all the time all through the harbor there and they're usually like oh I heard I can do this boat thing so I got myself a ponum booat here I am and I I think that the unlimited growth is a real concern with if these exemptions are given so I guess that's all I to say I appreciate your time push this thing to make it work uh name is Justin dtin live in dtin Florida um own and operate charter boat unreal I have owned and operated a charter vessel since 2005 um I support everything that Jim green and most of the charter guys have said and it wouldn't hurt my feelings if Dustin was the only city in Florida that didn't have this um I think maybe the council needs to maybe go back over if it's possible some of the Medallion laws and how that's wrote up because I think it is a little uh confusing for some guys it sounds like they may have got the short end of the deal which um I don't know I think we're slippery slope for sure looking right down into a Pandora's Box if this thing goes down so thank you thank you anybody else all right so I'm Stan Phillips I've live here in dtin Ocean View Drive I've got I started running an over six boat for Ben junor and the '90s had six passenger boats in the meantime and then I bought an over six boat the destination in 20 2013 and I can I can tell you like many of these guys have already said the the inspection process for a COI over six boat compared to a courtesy inspection is a different world since I've owned this boat we' put new engines in it new transmissions in it new exhaust in it new fuel tanks in it and I can assure you that I have Coast Guard guys there every step of the way they've got to go to the manufacturing place and then insect the fuel tanks before they go into boats there are people that I know that these guys will know that have bought really nice really big yacht boats with the intention of converting them to over six and I do not know any that have pulled it off because it's not easy to do it's the structure of the boat um not to mention you know the training the safety equipment I mean the things we had to have for just to keep an an overnight endorsement on the COI I don't I haven't run overnight drip in a decade but to keep that the um you know all these I guess Watchman systems and emergency exit ladders and all the things that we spend money on just to keep that that Coast Guard endorsement as a as an over six boat is light years ahead of our extinguisher life jackets you're good to go you know it's a different world and like has also been said it's not what you have now as as Mr King pointed out it's the yet is what you have now but you know what will you have in the future if you kind of let this get out of you know Pandora's Box get opened and it'll be similar I think to like the online booking stuff like if I go mean I've done this for a living since 1989 if I go Google Dustin charter fishing I won know 3/4 of the people that are on there and some of it CU I'm just not good at it it with names and faces but some of it is because it has exploded in the last handful of years and I would think that you will have something that might Smart Start small now and just get completely out of hand if it's given legs at all thank you thank you that c one more all right James Dexter 28 Morano Point Road has nothing to do with the presentation I that was earlier but I had a couple questions uh that I needed clarification and maybe some ideas might help with this because this is a real problem I grew up Miami and then Fort L and I watch the same problems as a kid and you're having them here this City's growing faster than some people I guess would like uh my number one question is the council's provided information are is only the information presented is allowed to be considered on some of the subjects I'm talking about generally any subject at all that's brought up how do you guys only you're only allowed to vote on what's Pro represented to you correct the staff can provide information also correct as well thank you very much sir second one uh are you working for you know the city protecting I don't know if just the council just the mayor I mean what is the primary on the legal thing here do we are we able to bring you situations and seek what you're I I represent the city and the city council yes ma'am and if you have an issue adverse to the city you would need your own legal council but if you were going to ask a question about something in the city not legal advice I can I can respond to you about City questions thank you very much I appreciate your time thank you for an acknowledgement do we have anybody else my name's Waterfield I live on Calhoun Avenue um as you guys can guess second one Jim and these guys have talked about as far as the liery vessels go and I wanted to bring another issue up that my uh family owns an insurance agency my wife works for them my father actually owns it and they've seen an issue with the bearboat charters addressing them trying to get insurance to carry over six people on these Charters they can't get it you cannot get an insurance policy for over six people unless you have a COI so I heard one of these gentlemen talk about how big and nice their boat was there's some really big nice six-pack boats it's nothing to do with what the boat looks like it's about the safety features that are on the boat um and nobody's saying that you can't do it you just need to get your boat inspected and get a COI instead of trying to loophole or back door your way in thank you anybody else Rachel Staples 844 North Lakeside Drive here in D I am the uh owner and manager of a couple different over six passenger boats the hunter proof the hard charger over the years I've also owned and managed multiple six passenger boats um I feel like most of the big points have been talked on already so I won't waste your time reiterating them but I do support the dcba stance on everything I do think it's a slippery slope I think that you know over here he has definitely you hear someone who left the city who is going to come back in and that's kind of an example of what you're opening yourselves up to if you do this exemption um I think there's a reason that you did The Medallion system and it seems seems to be working and I I support that thank you anybody else all right well this was an agenda item which means Council can make motions or discuss hopefully make motions and then discuss I think uh council member Stevens has a something to say on it on under his reports he had moved it out exactly where I was headed all right well uh want to say thanks for coming um um and uh everyone voicing their sides uh remember the definition is always included uh bearboat Charters um um so the definition that I'm um suggesting is not changing the actual definition um pretty much my goal is to um pretty much try to have something that satisfi satisfies the county um with destined setting the standard um pretty much by the feedback from the audience uh we got we got a few different opinions but that's what disc questions about um so let's hash it out and try to make something that works um as opposed to something that's written down and it's difficult to enforce um so pretty much I'm basing my thoughts on pretty much how to make the job easier for the sheriff's department um uh Code Compliance and basing my thoughts on the Harbor capacity study um so ready hearing issues with the sheriff's department um so the county has uh a wristband system unfortunately Destin doesn't fall under that and it makes the sheriff's job very difficult in the water um Code Compliance their jobs real tough um so any tools that we can provide to make their job more efficient that's the ultimate goal um so pretty much I'm bringing up this topic because there seems to be a lot of confusion on the definition um I'm hoping that we can suggest uh a new definition that doesn't change the meaning but we just want to make it more clear to it's understandable um so a few things um that we're um doing is pretty much in the definition is removing the internal combustion engine because Electric engines are now here um pretty much adding Clarity to the bear Boo uh stipulations um Florida and S SP 606 um has new standards on Livery such as boating clubs are now classified under but bearboat Charters have always been a livery um so Destin I mean we've had had multiple um temporary moratoriums um waiting on the Destin Harbor um capacity study pretty much once the Destin Harbor capacity study came out we got the data that showed that our Harbor is overcrowded um so Destin created a a fiveyear moratorium uh the five years is based on the next study which is the cap 107 study um so we shouldn't be increasing these numbers until the next stud is released um so in saying so um I'm going to make recommendation for discussion and then after that we can we can talk more about it um so I would like to um adopt County ordinance 22-8 section 12- 238 I I want to adopt Okaloosa County ordinance 22-8 section 12- 239b I want to require upto-date FWC Li re permits as part of the paperwork that is submitted yearly I want to adopt the the definition that was provided in your packet um and then also I would like to add another step to the liery and Charter BTR registration so for example if a user selects a charter then it'll ask the question whether or not it's uninspected inspected or bearboat and then if the user selects bearboat it'll have them acknowledge that it's delivery and then it'll continue the application to a livery if a user selects uninspected or inspected vessels the BTR application will continue as normally if the user selects delivery then it'll pretty much continue as the the current Livery um application process goes um so I'm going to leave it as that so that way we can discuss more um but before we discuss there's a lot of confusion on Coast Guard regul onboat so we actually have Lieutenant neis here um I would like to invite him to the podium to answer a couple questions I have two after that I'll let you guys ask your questions after that um so if we can invite Lieutenant neis up thanks for attending tonight uh good evening thank you for having me um hope I can answer any of your questions and clarify any of the confusion I think a lot of it does center around uh definitions and the different ways that the federal government and our regulations that we've defined barro Charters versus the ways that the state and local governments have defined Livery and uh there seems to be some I guess some tension there so uh whatever I can uh you know answer or clarify um I don't know if if I if I can uh make some comments or or or if you just ask question you want to make some comments first and then we can ask some questions okay uh there were just a couple things I wanted to clarify so with um with Barbo Charters um there always has to be within the charter agreement uh an option for the charterer that is the person that is doing that is renting the vessel uh to hire their own Captain uh so you can't limit them to the people on your list you can have your suggested list of captains but there always has to be an opt out clause um and I understand that some operators don't necessarily want you know an unknown Captain to operate one of their boats uh and so they have the option to be a upv an uninspected passenger vessel and carry six or less or be inspected by the Coast Guard uh but there is no uh way to be a true beo Charter without allowing the charterer to truly take control of the vessel and that means giving them the option to select the captain of their choosing even if it's outside of the list provided so I wanted to clarify that um can I interrupt you while you while he does that question on that real quick before you keep going please that owner though can then just say well then we're not going to rent it to you right I mean absolutely they could just cut the deal and they're no longer going to be renting it from them yes sir okay so then if they give them a list and then the guy the customer says oh I'll take option C they're good to go because they chose option C because they chose option C they would be good to go um I would say that there there's lots of different problems that we run into with bebow Charters uh so kind of going off of your example you know let's say they want to select option C and option C isn't there that day so they go okay well I'll select option b and he's he's not here either you're gonna have to go with option A right uh you know if we find out over the course of our investigation on a Bebo Charter investigation that you really only had one option there was no opt out option to go find your own Captain right like that's not a true Bebo Charter that goes against the intent of the law the way the law that it's is has been interpreted in case law uh and it puts the inspected passenger vessels at a competitive disadvantage um so we we would pursue enforcement on that actually so you actually answered one of my questions um has there been any yacht boats that have actually been inspected or at least that that you know of in the area what do you mean by yach Bo um I I I I don't know what the determination is um I don't know if anyone else could add some insight um so for instance any of these uh um citizens are asking yeah I guess yeah yacht certifications is is that is there something with that so are you saying you know have there been vessels that weren't built to uh uh to the regulations right to the sub chapter correct to get but then basically backwards converted and became an Ed vessel I don't know about locally in the area we've received one inquiry and it was just an inquiry somebody that was kind of putting feelers out there to try to figure out what it would take to do that um in my experience I've seen that happen I think maybe twice at in other units that I've been stationed at it's relatively uncommon just due to the burden of trying to backwards retrofit a vessel that wasn't built to the regulations and try to make it compliance to the regulations it's usually cost prohibited can I ask a question so these private yachts that are currently in our Waters of Destin and they are um they have their own captains or they have their own list and they're not currently in what we call our Livery have they gone through that stringent Coast Guard inspection no ma'am not if they're not inspected uh so if if they don't have a certificate of inspection and let's say they're just doing six or less because they have their own captain and they want to uze I their own Captain uh they're restricted doing six or less they're classified as a upv an uninspected passenger vessel and they're not required to be inspected real quick Andy um is there a way you can put this slide on the screen for me um I'm not sure what packet it was in it in's pack give me a second I'll get it up um I'm going to leave it up to council because I don't have questions for him well you were you were expounding on some commonly some some frequently asked questions that sounded like and we sorry no no no no big deal I think we kind of cut you off so if you want to keep rolling well there there was one other things so a question has come up because of the difference in the way that Coast Guard defines Bebo Charter you know it for us it has nothing to do with whether or not you have a licensed captain on board uh it has to do basically with whether or not the vessel uh is being rented under Charter agreement U and the way the regulations written or the US code is written with no crew provided in other words the the the charter company is not assigning a crew they can have a suggested list but at the end of the day the charterer is in charge of actually hiring firing you know supplying the crew to the vessel and that's where it gets a little bit confusing I think uh and the Livery definition is I understand it you know is at least in part having to do with whether or not there is a licensed US Coast captain on board uh but for us if there is a licensed captain on a Bebo Charter or there isn't it doesn't make any difference uh because the captain in that in that capacity of a Bebo Charter Captain is not acting under the authority of his or her credential uh and so we do not uh see that as as Chang changing the definition or changing the classification of the vessel on that Voyage I got questions I I swear this is I've taken more notes and and read more on this and every time I talk to somebody in this community uh sometimes they make the case of the other side without knowing that they're making the case the other side because there's so much confusion and I agree with John uh it's all about the definitions okay and I'll give you an example inspection okay sure you have your inspection right then you have your courtesy inspection then you have you know Joe Blow The Dock owner doing their inspection make sure you're not going to go under yep okay it looks like it'll float sure you know and everybody says well what so when you when you bring this back or actually I'm going to proba make a substitute motion but whenever it gets back to us I I want these terms defined I want clearly a COI inspection or a courtesy inspection or a The Yacht broker brother-in-law inspected it to make sure that it was seaworthy we talked about deconfliction we're not going to solve that problem you know you you have your rules and the Florida state the State of Florida uses whole different termin te ology with different meanings again definitions and we are a subset of the State of Florida we're not a subset of the Coast Guard so we have to follow Florida okako county generally those rules and those statutes and so what what I think we've tried to do is craft it where you know we we don't have this explosion because what we all agreed and probably your predecessor or your predecessor's predecessor you know we had a safety problem in the harbor we had overcrowding we've proved that we have overcrowding we had parking problems in the harbor we had all these problems so we put in a moratorium said nope that's it you know we're until we figure out what we're going to do no more now I do have an issue with our policy those medallions shouldn't be on the market for sale those are registrations just like if I register my car okay if I don't re-register my car you you know what it go it's not licensed it can't be driven on the road period that that is a registration it is not this is not New York City it's not a medallion where lucky me you know I got 10 in the first year and now I'm just sitting on them you know waiting for the price to go up over you know 500,000 each they a registration okay that's all they are your regist you have a registration you can operate in our Harbor you don't have a regist ation you know you can't park or you can't dock there I guess permanently so and I I want that fixed because this thing about oh well people are selling their medallions are there some for sale no they're not some for sale they shouldn't be for sale because that gets around the problem of safety and parking because you know I have one slip and I bought 10 medallions and and I kind of keep them somewhere else and I flow them in and out of there no that's not how that system can I ask a quick question sure so a while back when the whole Medallion thing was brought up about s selling there is opposition for it but Council actually gave approval to sell it and that's that's right and but what we did is when someone wants to sell their Medallion so we have said you have to come to the city and tell the city that you're no longer using it then the city keeps a record of that and then when the person purchases it they can purchase The Medallion that does not give them the right to operate they still have to come and fill out theivery application and show that they have their parking they meet all the codes so selling The Medallion does not transfer the right to do business you still have to get your permit from the city so we're saying the number of vessels in the harbor under the moratorium stays the same but if you don't have parking you're out of luck okay well I I I want to at least send me the minutes for where we voted for people can sell medallions and the discussion that was and I'll go back and watch it on the the video and real quick while we got Lieutenant neis up can we just direct questions to him first and then then go to more detail no because I'm gonna some of my questions he will be able to answer the problem is is he's not the problem he I understand your role you know you got your your rules and you go in and you you inspect and you know if you do a COI or what or courtesy or whatever you know you're just going to follow your rules right but our definition refers to US Coast Guard so I think he should have a little bit of influence on that but but we know what his definitions are we know what his policies are our our problem is with within us you know when you boil this down I think we've got and I and I understand because I the question of John I think it was Johnny's question well what happens if this uh bridal shower decides to take 12 Roden reels onto the party boat I'm sorry onto the yacht that is captained and is allowed to as long as it's got captained and know by the way insurance that came up these guys all have insurance or they wouldn't have Yachts they wouldn't be able to Charter Yachts so the if you somebody said I don't remember who that they don't have insurance they can't get Insurance every one of those Yachts has insurance or they couldn't operate as a yacht so yeah so the I guess my question is on besides the medallions our definitions so if you're a yacht I think we were told and we probably need to confirm but I believe everybody that spoke tonight that you're recreational so we put in our our definition you can't be commercial okay or you have to be recreational to apply for the this exemption I think part of my problem here is we're talking about 10 12 boats and he whoever spoke was right they attract the people we want to be coming because you know what the ladies go out on that wedding party and they go around hav't been in the tourism business for a while and they have their champagne and they have their wine and what the guys do they either go play golf or they go out on a charter boat and they go fishing and so everybody wins and I don't think what I've gotten talking to a bunch of people is the charter boat folks think the yacht folks are the enemy they're not the enemy that wasn't what caused our problem what caused our problem was 8,000 pontoon boats that just blew up out of nowhere and they were unregulated they were unlicensed and so that's what we were trying to solve we're not trying to solve 10 or 12 luxury Yachts that take people out for sunset cruises or whatever and so I I just want to see your definitions I'll wait till you en you get done I just want to see your definitions and I think that we I I'm in favor of get given you know the 10 or 12 and if you say if we say well they got to go buy a registration uh I'm not sure I agree with that but that might solve the problem in the short term because you know that's what we're trying to do is solve a problem and I think we've created one by bringing this up and you know when I thought it was just two two weeks ago or a month ago I thought it was just a simple word change well what about if any liveries that were that had a BTR before the moratorium that their grandfathered in and he cuz they may have been interpreted differently no we made a mistake we've acknowledged that we made a mistake but if we made the mistake shouldn't we own up to it no cuz then you just perpetuate the mistake are you going to allow them to sell that Medallion even though they didn't have a medallion and they shouldn't have gotten you know you're going to allow them sell that I got a question sir for you you don't mind sir apologize got off track I must have started that so that's what I'm here for I'm here to answer questions so um there was there was you know there statements about um the inspections right uh it sounds like some people just throw your cursy inspection under the bus is that Coast Guard that does a courtesy inspection or is that not Coast Guard so the Coast Guard auxiliary will do some of that and there our civilian volunteer Workforce um you know to to your point about getting the terminology down uh we call those vessel safety checks we don't call them Inspections just to differentiate uh just because there is so much more that goes into a true inspection under the regulations okay um and then so on this um we got we were given this I think this is co guard Coast Guard Miami uh recreational bearboat Charter uh safety equipment required by law no crew provided so does that mean if a a bearboat charter has crew members on it working that means like it's illegal bearboat depending on how many people are on board if they're trying to be a bearboat uh if they're carrying more than six and uh by crew provided we essentially mean crew assigned right that it's provided by the owner by the owner uh then if they have more than six on board that is an illegal Charter and what happens if a bearboat rener chooses no Captain is that an option that is an option unless the owner doesn't agree um you know there could be concerns about drinking and things like that but um there's nothing that compels within the law that compels a charter to hire a captain at all okay appreciate it thank you for coming yes sir Mr D have a motion in front of us I got Mr guile has the floor right now according to my questions not for lieutenant NIS so if somebody else has a question for lieutenant NIS please take that opportunity now before I speak nope wonderful thank you for attending absolutely thank you app thank you have yeah i' I've listened to uh the community and I've also listened to Mr Bagby over here but one thing I have to disagree with is I don't think Destin is just like every coastal city in Florida uh we're in a unique situation where the AR Army Corp engineer did the study that explicitly declared our waterways are overly congested this poses a threat to the public health safety and Welfare of this community it is my opinion the primary function of this council is to serve the community preserve its resources while preserving public health safety and Welfare and the profil profitability of a business should not compromise these principles and I will not support anything that jeopardizes these principles so it it's my opinion we need to limit as many vessels out there as possible until after the second portion of the study that indicates any capabilities of of opening up more vessels thank you sir thank you uh thanks for all the input and for all y'all being here um this is a this this uh you know when when this item got brought up last meeting um I asked a lot I asked cim a lot of questions I said how does this affect the the charter booat industry and we couldn't think of a way that it that it affected you guys and gals um and then it word got out that this could happen and I don't know how many phone calls I got that day some of y'all called other people called it was a it was an uproar and I eventually just started texting people like yep got it thanks um you know I don't think what Mr Bagby what you're saying about the uh this doesn't just this isn't just for 10 or 12 yacht boats I think the kind of the where it rounds out is the implications of what that does for those yacht boats puts the value of their business in Jeopardy so if you take like Captain low said if it if this goes forward and he is all of a sudden able to take 12 people versus six people that UPS the value of his business but the over six the inspected vessels it tanks their business because now they you know you get where I'm going with that so it doesn't just affect these yacht booat businesses I'm not I'm not unsupportive of it I think that it's a I think it is a need that people will pay for it's something that people want to do when they come to this town or any town is they go on a big pretty fun boat you know have a good time I think it is a need um so I'm not I don't I'm not for doing away with it I don't think that there should be a special exception for that um I think that you know I see what these guys go through on a daily basis oh nope can't go do this can't go do that I got Coast Guard on Wednesday you know that's a big deal um these just the experiences I've had with Charter book captains is like man they pour their life their blood sweat teers to make sure that their vessel is safe for 17 20 24 however many people they're allowed to take so I don't think that this should be given lightly um a lot of these guys have given their given their lives to this industry um third fourth generation charterboat captains I don't think that if if this could potentially strip their livelihood away that's a really big problem um the I think the parking implications of what this does are big we've got a we've got a parking issue in this town if we if we turn 60 boats from six passengers to 12 passengers you do the math on how many more uh how many more parking spaces we need um I have friends who are in the process of buying boats going from the sixpack boat to an over six boat over six pack or over six passenger boat they're pouring everything they have into doing that some of them are in this room is the value of that business anywhere close if everybody else can take 12 people no um I know another guy bought like like one of the gentlemen said bought a beautiful yacht boat big pretty boat that stands out doesn't look like a charter boat he's doing everything he can to make an over six boat and they're putting him through the ringer um so I think I don't think it's to be taken lightly I think that uh I don't I don't know if it's I I personally what I've been hearing is that if you want to take that many people on this big beautiful boat big expensive a pretty boat then you should go through the same process that these guys go to to do that so that's all I've got thanks sure thank you uh I just first wanted to confirm and reiterate that no matter what happens with Mr Stevens's motions or substitute motions nothing's effectively being put into place tonight this would all come from an ordinance change potentially or an ordinance change if we were to amend the code there would be an ordinance with um depending on where it goes either two or three public hearings if it goes in the LDC there would be three because it would go to LPA first and then Council twice and if it was put in the code of ordinance it would be just at Council twice right so just a for everybody that's here and watching and listening no matter what happens if a vote happens it doesn't mean you know that's the new law taking place in the city of Dustin so um I think there's a lot of pieces to this I think Mr Stevens is trying to fix some uh gray areas in our LDC I think that was the whole intent of what what this started as uh if his way of fixing it possibly affects fishing fleet you know and all that yeah I don't think that's what he's want to do either so um Yachts is a new I say new it's our area it's somewhat new uh this this this this style of business is it's it's it's wanted it's people want to do it it's a customer and just because of Livery more Tor we did five six seven years ago that we started it wasn't happening back then so you know with everything that we should do up here we have to take into consideration times that change and whatnot don't want to impact the the fishing charters I don't I don't know I I need to [Music] know whatever happens after tonight when we get this brought back to us um you know H how can we do it to to uh how can we find a way to have all parties successfully operate without affecting somebody's livelihood right if if the fear from fishing Captain is that a yacht's going to take people fishing well maybe that's something that we're able to do in those ordinances based upon the registrations that we might be creating in this new style of business that enforces I don't know if their fear is that they're going to put poles on a yacht then how can we fix that right um but I think if the goal of the Yachts is to take people to Crab Island and they can do that with 12 people and not have a COI then let's figure out how to do that different type of inspection from coast car maybe we don't allow Coast Guard auxiliary inspection maybe the city of dtin has there another type of inspection that is more special I don't know I I I want to endold to see how we can have a new economy of business do things correctly and be successful because they're operating for a customer base that is a new customer base to this area and I don't think we should we shouldn't miss out on that but at the same time we can't let that impact the heritage of Destin I think we all agree with that um the same time we don't want you know the liveries to you know have be impacted so it's it's it's a it's a mess for sure um and you know the parking thing and and 100% but you know that's why we hope that our code department and the building department and BTR renewals and change of use applications and all that we hope staff is handling that all the appropriate way you know it's kind of like somebody was saying something earlier about people doing illegal ice cream or snow cones or I forget what she's talking about well there's a process of somebody's operating illegally you you call and complain 75% of the time the people that say stuff around here nobody complains about it so it's hard to say somebody's doing something illegal but nobody calls and complains we can't stop them you know but parking issues and all that hopefully St St it takes care of it you know but I I I want to see how we can get this moving to the next step and Mr Stevens bringing up tonight is the greatest way to start that process so um it's I've told staff and like Mr Bagby said I talk to seven different people captains Charters Yachts residen is everybody and I I get more confused every time I talk to the next person and so you know I would love when when we update to have a clear like if my fifth sixth grader can draw me a picture I I understand things a lot better and and when we do this visual representation would be fantastic to hopefully have and maybe takes it back to the committee we have a harbor committee we have all sorts of committees we we should put this back on them taking this new yacht stuff in into consideration there a whole whole whole way I think we can do this by not affecting people's livelihood but also helping people's livelihood at the same time so I can't wait to continue Mr Mayor proin if I may uh clarify something there is no motion on the floor at this time we got recommendations I thought that was the case um being the chair the very last have any com um there are a couple of issues I think that that we need to clarify there's been a Mor atorium on federal Charter boo licenses now for a very very long time I would I would expect that if um yacht people start taking folks fishing in the federal Zone that the federal government would go and have a hard discussion with them and tell them that's not allowed guys because there are no more Federal charter booat fishing licenses allowed but I'm not uh confident that that would happen in a timely or fast fashion the other point and in the Coast Guard the gentleman the Coast Guard can correct me but if the Yachts carry more than six people they have to be inspected is that correct that's one we need that's one we need to get clarified commercial does recreational does not um so sir there there are two ways that they could operate with more than six people legally they could either be inspected or they could operate as spbo Charter in which case all of the rules pertaining to not assign in a captain giving an opt out option to not pick from the list of captains all of those things apply uh and in that case they can carry uh 12 people plus the charter actually makes 13 plus whatever crew Captain so you know you could see 14 people on board okay so in order to do that though the uh the owner has to agree that he's going to have those other options one which would even include having a captain that's not on his list yeah yes sir so um the way that you know we go about enforcing these things usually we take a look at the charter agreement when we come on board there should be some verbage in there about you know here's the list and because here because I agree totally with Kevin the way I understand it is you have recreational and you have commercial and on a commercial a commercial vehicle or boat you have to have the inspection that that's correct uh it all centers around definitions of course right so on a recreational as long as it has a licensed Captain it can take more than six people not by federal regulations sir so the the whether or not there's a licensed captain on board doesn't change for us the definition of a Bebo Charter uh so even though by federal ter terminology they are a recreational vessel and there's certain things that don't apply to them like it does for even the the sixpacks the upvs um just because they have a licensed captain on board doesn't mean that they don't have to comply with the Barbo Charter regulations they have to give choice of Captain they have to give an opt out from the list um they have to comply with the Barbo Charter regulations okay because that's not what the staff told us two weeks ago so I'm recreational what we were told two weeks ago is on a Recreation on a yacht okay that has a yacht certification whoever provides that whatever that means yeah whatever that means is that they could carry however you know the whole bridal party if they wanted to if that's what their vessel was R for not not under the Bebo Charter regulations the the only way they could do that I mean if if you own Your Vessel and uh there's no consideration being exchanged right and it's just a private party on Your Vessel you could take as many people as you can safely carry really under this diagram it would be a pleasure vessel it would be yes like a like a pleasure craft uh but once once there's consideration exchange of any kind whether um you know in your six-pack uh you know you're you're hiring uh a vessel and they're providing the captain or with a Bebo Charter there's a Bebo Charter agreement there's consideration being exchanged for signing that Barbo Charter agreement that's when Federal Regulations go into effect thank you uh when my turn turnes around I want the two yacht guys up here yeah thank you mayor proam um I do agree exactly with what Kevin was talking about Mr Schmidt said it exactly it's gotten to be kind of confusing I thought the yacht pleasure which we want that kind of business in town here I thought they went under the same stringent Coast Guard full-on inspections that all of our Livery vessels go through so I'm kind of confused at this point on where you know they're just like they have a certain area of what they're allowed to do and there's not a real set set of rules and now I'm at a point where I'm like okay yeah this has become a beautiful way to bring in great you know different type of money different type of business but I don't want it to affect the livelihood of our folks that are already setting up charges that have been doing this and been doing it the right way through a very ruling paperwork system to get their licenses throughout the year for them to go year after year so I know you're not making any of the rules but you certainly clarified that there's a different type of inspection for a bear booat than it is for the Yachts well uh the Yachts would be a bear Boo see what I'm saying so I'm still confused on how you break it out because it's like six people 20 people why is there not a stringent Coast Guard requirement on a yacht when they've got even twice the amount of people well there would be so I mean we don't discriminate based on the type of vessel uh you know whether it's a a very very nice yacht you know in the common definition of a yacht or pontoon boat uh once consideration being exchanged then we take a look okay you know how many people are you looking to carry if it's more than six you got to comply with the Barbo Charter regulations if it's six or less you can be a upv um in any case you can always be inspected and that's ultimately what we encourage we want more vessels to be inspected that is uh in you know the interest of safety Public Safety so well just to conclude my portion of this I'm glad that we're trying to put this all like yes color me a picture too because I'm going to need a whole lot better description of what we're allowing and what we're adding so thank you for being here because you've answered a lot of questions that I've really had no idea about and more importantly I don't want our locals that have been doing this for decades families that have had this tradition all of a sudden they're just like thrown to the curb okay we got a new deal here they're making more money they're bringing in different clientele I don't want our locals and our folks that have been the business the backbone of this fishing Village for decades to not be weighed in on this so I'm glad that this is going to go through other committees and come back to us' real quick not to cut anybody off but on that note what you were y'all were talking about for let's say a pontoon but or a yacht they don't have to have a stability test they don't have to go through the COI process what's the difference like how how does what they do versus what they do how does that differ in the Coast Guard's perspective because the the qualifications for their vessel is very different than the qualifications for their vessel how does that you can't tell them they can't go to the Southwest Edge in their boat you know so what what where does how does that differ so the real incentive to becoming Coast Guard inspected is that you can carry more people you know typically you know I mean if you want to carry more than you know 13 um then you then you have to become inspected there's just no way around it so that's that's why people do it that's the only reason why anybody would want to go through that arduous process from Cradle to grave literally from construction the KE being laid uh you know we inspect every weld uh every installation of electrical equipment machinery life- saving appliances we do a stability test that's how we calculate you know the proper operating routes and conditions and how many people they can safely carry there's a lot that goes into that uh and the incentive for all of that is is of course that you can carry more people with the six-pack I mean you can carry you know obviously six and then with the Bebo Charter you can kind of get away with you know up to 13 but then there's a lot of stipulations around the crew the captain and all that kind of stuff so the the incentive is always pointing towards becoming an inspected vessel I am up and I got a question for the yacht guys I could have sworn one of you come or both of you come on up I want to know how many people you think you can carry without going through the COI inspection with with your captain because you've promised us that you would never send a boat out without a license CPP because your insurance wouldn't cover it can I can I go back one step to maybe clarify even miss Teresa and and and i' I've had to do a deep deep dive on this because smart people say hey Matt I'm buying a boat I'd like to buy a 42f footer instead of a 40-footer but the only way I can do that is if you could Charter it a couple times okay here are the rules it's going to sound confusing but let me explain it um and it needs to be understood that the coast guards always had their rules right and uh Congress stepped in in 1993 and passed a a a sa vessels Act of 1993 and a congressman just put it in there if it runs his bearboat you can carry 12 they didn't ask the Coast Guard if if they if they like that they just passed the law and now Coast Guard had to figure out we have our you uninspected passenger rules and then we have our small passenger vessel or otherwise know as pass uh inspected vessel rules and now we have to put congress's rule in here and so it gets refusing for that reason it's not the Coast Guard's logic to to I don't believe that's my personal opinion okay um so on the yacht where it it operates as a bearboat charter it's uninspected right it's the same is is if you went and bought a boat and carried people out um it's that it's that standard of what's known as recreational standard type two life jackets are acceptable whereas on an inspected vessel type one life jacket are required but if you're doing it for money what he just told me was to go above that six on the bearboat you got to have an inspection no no 13 to to go above six and provide the crew and operate as a small pass passenger vessel you have to be inspected if you just rent the boat without the assigned crew you can operate under the it's legal term but it's a bareboat Authority a bareboat charter agreement and and there's way more rules to it than we've been discussing there's uh did you give the crew or the charterer enough advanced notice do you have it in writing did they pay the captain separately um you know it there um did you offer them to buy insurance on the boat is one of the requirements and things like it's it's quite intense and we follow it very very closely because we want to be legal so your boats aren't rented I'm sorry they're not inspected COI inspected I now I'm violating my I have COI boats okay and then I manage bear boats and the bear boats have the same rules okay as a recreational boat that like you and I would buy Cay and your recreationals all have captains either ass signed or a list that you we require them to be operated by a licensed Master as part of our Charter offering okay and so you're they can provide their own if my insurance company will adopt them or they can choose one of the captains um okay you on the list and your bear boats don't never take more than six people the bear booat is the one that can carry I'm sorry it takes 12 no I thought the COI and the and the bearboat is the is is uninspected the one that he says has the COI I believe those are your tiis correct yeah the tiki boats can are expected to carry 18 right and they have a crew requirement of two and it has to be a master Captain and the crew have to be on a drug Consortium and we do annual inspections it's very intense but your bear boats aren't inspected they're not inspected now I operate my bearboat just out of an abundance of caution of at up level upv level standard type one life jackets you know uh um drug Consortium you know uh uh the vessel's owner is on a drug Consortium and and and I try I try to step it up I would like the Coast Guard to change that rule but it's not up to them it's it's up to Congress may maybe I Mis understood what the coast guard told me because I thought yeah come on back up shoot the more than merrier cuz I'm just trying to get the little crayon picture in my brain to understand this so he's got a be booat Charter it's got a captain but it doesn't really matter if it has a captain or not right it does not okay and he is hiring it out for $100 $1,000 whatever he's hiring it out for and he can take 12 he he can take 12 plus the charter so 13 okay so but a commercial fishing vessel see charter fishing vessel can take how many it it depends if they're inspected if they get a COI they can take as me as it's rated for if they don't have a COI if they don't have a COI they can carry six as a upv uh or they can do a Barbo Charter I mean many vessels operate depending on the voyage in in the group size they can operate as a upv uh on a particular day and then the next they operate as a arbo Charter just because they have a larger group uh but then they have to put in the charter agreement in place they have to give choice of Captain all that kind of stuff with the upv they don't have to do the choice of Captain they can just assign a captain now I'm even more confused because if the fishing fleet can take 12 out and just say hey we're a bearboat charter and we got a captain on here we're taking 12 people out today what the heck are we trying to figure out um I would say that's not always uh that's not always feasible for uh you know and I don't want to speak on behalf of operators in general but um you know if you want to drive your own boat right you can't do that as a bearboat charter uh so if if you want to maintain control of your own vessel you can only do six or you can get inspected and you know potentially do more um if that makes sense so if if you don't have like a pool of captains you don't want to get into the whole Bebo Charter Business right you just want to be a six-pack uh it's just easier to do that for a lot of operators okay thank I I agree with Kevin and Teresa the uh nobody wants to get rid of the fishing fleet that's that's kind of the heart and soul of this city but we also want you know some of these luxury you know groups coming in to Dustin and maybe buying houses or condos or boats or whatever they want to buy and eating in the restaurants and I mean that's what we've been trying to do for the last 20 years and we uh okay thank you mayor Pro Temp um you guys can have a seat um appreciate guys um so the Livery ordinance many years ago started in the harbor CRA seemed like that's where all the ideas came from my recommendation is the recommendation that I suggested earlier that we send it to Harbor CRA let them hash out some differences and then I I'd recommend Lieutenant neis attend that Harbor CR meeting anyone um in the audience attend that meeting and then have them come back and bring us um more I guess either an item for discussion or or ideas to potentially bring to the first reading for us to review I'm not sure the best way to approach that so second when when do you when did you propose that would be um I don't know when the next Harbor CRA meeting is Will schedule it yeah we we'll schedule it and let everybody know yeah but I um I guess did the original motion get a second or I mean so so would you recommend that I resay it with sending it to the harbor C I would I would just yeah I'd send it to them and give them a lot of leave so you're saying send information to Ray and then have have the idea be brought um back from the harbor C is that right okay I'm okay with that if if everyone else is one one quick question do we also want the LPA to look at it as the experts for the our codes if you would like to do that yes I mean if we're going to make it an ordinance I like all all our delivery ordinance is actually not in the LDC but we can take it to lpaa anyway no that's fine if it's if everybody's happy with the harbor I just I don't want us to I'd like to stay with the harbor and then it'll go to the LPA when we potentially do an ordinance change that's my thoughts not to delay the process Mr Mayor protm we have a motion in a second Mr Mayor proam yes may I clarify something with Mr Stevens your original Rec can I read your orig original recommendations and then adding to that is sending it to the uh Harbor C okay you recommended well motion now uh to adopt okoa County ordinance 22-8 section 12- 238 point. one to uh adopt Okaloosa County ordinance 22-8 section 12- 239b and I believe uh requir an up to date FWC delery permit as part of paperwork that is submitted yearly and then in addition send all that uh information to the uh Harbor CRA for the recommendation well that was the definition that was in the packet definition in the packet okay I would make one observation the harb to send Direction the harbor CRA to adopt any ordinance is probably out of ordinary what we need to do is send it to them to consider and draft we we don't tell them to adopt things since they are an advisory committee agreed on that okay so we have a motion and then there was one more step of um um adding another step to delivery and Charter BTR registration was it what was the last one um to add another step to the liery and Charter BTR registration um if you want I can go in more detail of that if you want but I said it earlier I'm fine with that let's send it all to them as you're recommending for them to take it digest it do all that I'm good with that second all right and do we have any discussion on the motion yes sir just one one thing and I don't want to I don't want to beat a dead horse I think the uh I think sending it to the uh sending it to those committees or those boards is a great idea um I don't know everybody needs to be there you guys know yall know the only people who know these concerns and questions like Lieutenant neilis is y'all y'all go through it every day so you need to be at these committee meetings um that's why I asked when it was um like I said I don't want to I don't want to beat a dead horse but when when Lieutenant Neil came back to the microphone that was the question that everybody wants to know is what distinguishes what's the difference between a six-pack and a bearboat when it comes to how all this shakes out so if if let's say captain Brandy wants to she doesn't want to be a six-pack anymore please she doesn't want to be a six-pack anymore and the law allows her to be a bear booat because she now she went and got her yacht boat classification because she has a beautiful boat what what's keeping her from taking 12 passengers to the doto canyon to go Blue Marin fishing you know what I mean like so under under barro Charter she couldn't take her own boat out for one um so the difference okay okay real quick she knows other captains she knows other captains right and the people who want to take her boat are taking one of her captains so now her business is selling a 12 passenger 24hour yes that that's that's allowable under a Baro Charter so y'all see the problem here oh yeah okay I'm just making sure everybody this is I think this is one of the major concerns here obviously so I beat a dead horse but that's that's where well it is and the question is does the Coast Guard view that as a violation of the moratorium on charter boat licenses in the federal Zone I think that's more of a Noah question in terms of the fishing good answer yes yes yes yes yes yes thank y'all for being can we have a five minute and we'll take a five minute for those that need one that way y'all can go you don't have to stay the whole night e e e e e e e e e e e e e e e e e e e e e e e make sense to me because million million yach we got to round everybody back up okay folks we need to get back underway here okay we still got two to go huh where did everybody go Tori is Tori still with us good to got a yep okay we will proceed with I think the next item is consent agenda hopefully there won't be a great deal of controversy all right any discussion on the consent agenda no discussion let's have our roll call vote Mr Stevens yes CH Tori yes Mr Bagby yes and I vote Yes Mr King yes yes all right that one passes unanimously city manager report uh thank you mayor Pro chairman good evening council members uh our first item this evening under of the city manager is a uh request uh from staff uh to seek approval to transition from from our timekeeping and payroll paper system uh to a digital format uh both the uh HR director and IT director here to uh explain the details yes thank you Council you approved the uh timekeeping and payroll system at a previous meeting and what we would like to do is also add the HR module that will allow Jim's team to handle um uh Personnel actions and things like that um online in the same system and then also uh begin rental of three time clocks one for public works and two for the parks Crews to be able to clock in clock out uh in the agenda item we do have a mistake that councelor Bagby pointed out we apologize for that but we were able to discuss with the finance director and we do have the updated table of costs which will enter into the record here and I think it's on your in front of you also do you have any questions I'll be happy to answer have any questions the additional for those mod1 uh what they've done here is uh it's 71 Plus plus 483 because of the new accounting rules she's trying to follow they actually have to somehow amuze it as interest which I don't understand but so it will be 76 or 75ish 76 432 very good all right we need a motion to go forward I'll move that the council approves the attached budget transfer and planned expenditures for the ukg system enhancements as presented including the annual costs for the physical time clocks and the the human resources module to ensure the successful implementation and integration of these systems over the next three years second second I was just going to make a motion too yes yes yes yes yes yes yeah we bypass it um item 4B um uh previously the council had directed uh stuff to combine two separate contracts one related to um the intersection installment in Highway 98 and the other related to the study of the boardwalk under the bridge uh staffer worked with a consultant uh to combine the two contracts into one um the city engineer has got the details for us good evening Council um yeah so we did combine the boardwalk under the bridge um contract that Baskerville had with the PDN study that's also going to focus on the us98 stalman intersection um with those two studies combining them um obviously there are some redundant tasks between the two so that came back with about a $32,000 savings between combining the two and then also we asked them to increase the scope of the um Boardwalk Under the Bridge Project because now we're looking at designing and permitting a seaw along the whole Frontage of the one Harbor parcel that was recently purchased and extending the boardwalk along the whole Frontage of that parcel um so with that there's also an additional scope of 66,000 somewhere in that range yeah um so uh the gas tax 2 money is being designated to cover that I believe from Crystal and we do have Bas Donan here to answer any specifics of the contract if you have any questions I moveed to approve Basketville Donovan Inc uh contract and related internal budget transfer and to direct city manager to issue a notice to proceed oh curveball mayor protim yes yes yes yes yes yes thank you um item 4 C uh we are seeking Council approval uh to proceed with a bid uh to SEC secure landscaping and maintenance services for our meetings uh and City grounds uh the Public Works director has got the details if you uh have any questions any if do we have any staff that want to have anything to say oh yeah sure I was waiting for some questions but um after the first budget Workshop the other day um went back and tweaked the uh RFB for median maintenance adding some of the uh grounds areas that the parks department currently maintains um councelor Schmidt identified a couple of inconsistencies that have been corrected and I think we're ready to go um the parks director also wanted me to add two other zones one being the maror street parking lot and the other being the library property so we'll we'll get some quotes on maintaining uh those by contractor as well that's okay with Council very much do we have a motion to put this out to contract bid I'll move that the city manager be authorized to advertise the attached RFB miscellaneous median maintenance services and once a vendor is selected by the bid committee to bring back the recommended vendor for approval very good we have a second right yeah is is Zone 13 Des Memorial Cemetery is that one of the ones that you're referring to that was parks and we're now putting it to bid Parks does maintain the SE the lower and upper lots of the cemetery uh the parks director was interested in having that kind of contracted out it is very kind of labor intensive due to the nature of the cemetery's layout okay got it thank you so I may have missed it but one of the problems we said we had was inspection require you know we'd get complaints how did we address that in the uh RFB is there an inspection requirement and a time to cure if you don't have a time to cure a fine on the uh company or how what's our plan here because I didn't see it in exhibit a but I may have missed it it's not an exhibit a uh it's under section nine of weekly progress reports uh the Contra the contract will be required to send us a weekly report specifying the date location and all routine and non-routine services completed during the previous week report shall include any issues Andor problems encountered during the previous week and activities scheduled for the current week in addition a pro a monthly property inspection will be conu conducted jointly by a representative of the bidder and the destined point of contact which at this point is myself okay there were there was no consideration for like liquidated damages okay so you do a monthly inspection and you identify all these things and the next month you go out and do a monthly inspection and they still haven't been addressed what what's our you know there there's got to be and it may not be liquidated damages it may be just a requirement that they complete them within two weeks or prior to the next inspection you know you you brought to us a problem you all identified a problem which everybody up here I think agreed with but we don't have a solution for that problem we have a we're going to do a monthly inspection but we were we had the ability to do ly inspections before so how are we going to solve that and put it as part of the bid requirement uh that they understand that I mean there's got to be consequences if if you know anybody got any ideas um I'll work with the uh City attorney to figure out some consequences for that yeah yeah thank you very much so yeah I'll I'll support this uh with the understanding that the next meeting you'll bring us back the consequences and before we send this out that those consequences will be in this uh bid packet just questions though yeah does that need to be in the bid pack or does it just more of later when the contract comes know that would be part of your bid if if because I'm going to price my bid based what you told me is in the bid packet so if you're going to tell me you're going to charge me $50 for each uncorrected violation per month okay well now I'm just going to add 5% to my bid because I know there's going to be Corrections need to be made I believe I would make them but I also need to protect my business and say yeah I probably need to bump up my bid just a little bit to to make sure cuz next thing I know I'm going to be writing a check to the city of Destin for more then they're writing to me and that's not a good business model yeah and I would agree this with Mr Bagby and and I have faith that city manager and City attorney can come up with something that's going to improve our situation now because there are no consequences for not doing a good job uh we will take a vote then if we have no other discussions Mr Schmidt yes Mr King I vote Yes yes yes yes yes all right that item four D is um seeking approval from you for the FY 25 budget calendar that we talked about during the uh um budget Workshop uh essentially we're removing the June proposed June 24th uh date and moving that up to July 15th and also amending the millage rate adoption date to July 20 22nd I'll make that motion to approve do we have any discussion on that Mr Stevens how do you vote Yes Mr gu yes Mr B yes yes I'll vote Yes yes yes passes unanimously I see we have some informational items there we're getting through it now we do you want to comment on the informational at all uh unless there have questions no no questions on those anybody okay Mr Bagby yeah and I think the staff is going to bring back a corrected version but the uh on the Crystal Beach acquisition we decided to uh not split or whatever the term was in there uh swap not do the swap and so we're moving it forward and we will see the next set of plans when TBD any comments on that one at all we already had 30% right so we should be able to see 60% here uh I mean we have to get with them they have to do some redesign so I need to reach out to them and get them going on that again okay all right all right announcements all right before you turn it over to uh to Tam I've got one uh we at a point now where we need to start having workshops on the LDC with the city council uh we're preparing an agenda for you to uh look at it in next month uh see whether you approve those dates um so that's something to look forward to thank you Tamar good evening we wanted to make a nod toward the fact that law enforcement appreciation was last week and we want to thank the men and women who serve our community so well and we have two gentlemen to my left that we're appreciative of and I want to say a special thanks to Captain fulam there's not a week that goes by that we don't have communication along with the city manager in terms of whether it's data or statistic or some piece of information that's very helpful for us to share with the community so thank you guys the SRS VIs in Workshop will be 2 days from now Wednesday May 22nd at 5:30 p.m. here in the annex and that will be to discuss the Destin City Center and we're really hoping to get public participation out that and we will be live streaming it and folks will be able to watch the uh watch that and offer some comments and input as well American Legion Post 296 will host a Memorial Day ceremony on Monday May 27th at 11:00 a.m. at the Dustin Memorial cemetery and for those that have been you know how beautiful of an experience it is it's very it's very important there will be music a ceremonial wreath Lane and a speech by a guest from egund Air Force Base and last the RFP for Clement Taylor Renovations is ready and is being advertised this week with a due date for bids of June 27th very good thank you thanks a lot okay now we move to public hearings City attorney thank you mayor protm this is ordinance number 241 LC an ordinance of the city of dtin Florida amending section 8.01 of the Land Development code right of way protection providing for findings of fact providing for incorporation into the Land Development code providing for conflicting provisions severability and providing for an effective date this is second reading Noel thank you Kim good evening Council as noted in uh from May 6th council meeting this first ordinance is a recommendation to or an approval to strike through the current language that's written in LDC section 8.01 A3 RightWay as it relates to um construction parking and RightWay protection under for construction projects um that language um is then being um uh's the word I want uh amended and uh and being put into the code of ordinances due to the LDC rewrite currently and we're just trying to touch that stone now where we're at it so thank you and I believe this is there are no there are no changes since last time okay and we are in the public hearing correct does anyone from the public like to speak on this issue tonight it appears that we don't have an do we have somebody coming in no you got excited all right it appears we have no public comment and we will turn it over to the council we have a a motion I'll read it go ahead I can't find it I move that city council adopt ordinance 24-1 DLC on a second reading second okay do we have some discussion here I have one question since I don't see anybody on the board the old ordinance the one we're we're amending did it allow you to use the rideway in construction it allows you to do actively allows you to park in the rideway only during active loading and unloading other than that there's no parking in the rideway so this is actually an expansion of the use of the rideway during construction period is that correct correct because in the in the old language there was the language said there was no parking for loading and unloading in the rideway and as we went through um Public Works and Public Safety in LPA it was noted that it's almost impossible to do loading and unloading of equipment or materials within someone's private property if you will so that's why we've we modified the language to say providing your actively loading and unloading and obviously using proper fdot um safety um devices that you could do it within the rideway Y and my only comment was would be the uh construction I've always done here I've kept it on my private property other than to to matter of fact I think the vehicles came in and unloaded and loaded I'm not sure this is going to be one that is going to be nearly as well received as we think but I'll vote for it till we get yelled at okay so we have a motion other discussion all right Mr St yes yes yes yes Al yes yes yes is ordinance number 242cc an ordinance of the city of Dustin Florida creating section 1821 of the code of ordinances protection of public right of way during permitted construction activity providing for findings of fact providing for incorporation into the code of ordinances providing for conflicting Provisions providing for severability and providing for an effective date this is second reading there are no changes to this ordinance um but it is a public hearing all right at this point anyone from the public that would like to comment once again I don't see anyone so we're looking for a motion I move the city council adopt ordinance 24- o2- CC on second reading second all right have a motion in the second any discussion in that case we will proceed with the vote Mr Schmidt yes Mr King yes I'll vote yes yes yes yes yes all right that one p i got nothing else [Music] tonight yeah I just want to bring uh attention to Tarpon Beach can you give us an update on the process for that Tarpon Beach area Ryan uh yeah it's in for permitting right now uh we issued a correction report back to the county and they have 30 days to make the revisions to the plans and get it back to us um there weren't major comments so hopefully they can get it back pretty quickly and we can get a permit issued and start construction thank you sir and I want to reiterate something that was already mentioned uh the visioning session is Wednesday 5:30 so if you have any opinions on one Harbor Boulevard that's where you show up and and give your opinions I have a appointment to the parks and recs committee Joshua is out here uh if anybody has any questions for him I'll make a motion that we appoint him to parks and re I'll second that yes yes yes yes I will V yes King yes yes passes unanimously okay and then if we could get our update on the pickle ball courts please uh yes so we're taking pickle ball to Parks and Rec committee the 90% um on May 28th and then we'll try to get it turned around and bring it to the June 3rd council meeting and that's 90% plans um spoke to Jenkins engineering today and they're going to plan on submitting for the our internal permitting process today or this week um so it'll be in for permits while you're looking at the 90 um then we plan on bringing it back through the committee and Council once the permit's been approved for 100% sign off on everything and also bring back the uh draft RFP for your consideration and hopefully get that out on the street that same week after we bring the 100% back thank you nothing further Mr Mayor protim thank you mayor protim I have a member appointment Autumn Weeden hammer for Parks and Recreation committee I'd like to make a nomination for her okay all right we have a nomination yes M King yes I V yes yes yes yes yes and I have nothing further thank you just one thing I would like to make a motion to appoint mayor Captain Gary Jarvis to the LPA that yes yes yes yes yes yes um sure uh my first is to make an appointment to Miss Tammy weidenhammer we Weeden Hammer to the public works and committee second disc discuss yes yes yes yes yes yes yes unanimously passed thank you so uh Mr G just asked about Tarpon I I know I've missed ones or two meetings recently but I thought we were going to get the plans brought back to us I think we were at 60% maybe six seven months ago or something like that and now were about to be starting construction um I believe '90s came back too let me check um but we are bringing hundreds back um for permit because that's part of the permit requirement and then while you're looking the Crystal Beach um item that Mr BBY just brought up we decided not to do a swap was there further um Direction Kim or city manager on that when we said we're not doing the swap do we was there anything else under the crystal beach properties that was supposed to happen or as I as I recall the uh City attorney reported and the council did not want to go forward with it so the decision we made that night was just we weren't going to do the swamp and just kind of ended there is that where it ended I thought now I'm I'm confused this is my night of confusion I thought uh Mr Schmidt made a motion to go back one more time and see and y'all went back one more time and he said that was his number was his number and so it was contingent on going back one time and y'all went or going back and y'all did go back and so then that's how when we then the contingency was gone that's that's my memory of what happened that night but I'm probably wrong too well if anyone wants us to revisit the swap we'll be happy to but I have not heard from them since that meeting so for US unless we hear otherwise from Council we are not having that no I don't I'm not ready to revisit the swap but I guess what Mr Bagby just said and the answer that Ryan gave was that he's gonna call the county or somebody and start the conversation again who are you gon who who uh well they're the ones that are doing the design and Engineering so we're going to kick off the continuation of finishing the design with the current properties so then you would kick off you would ask them to start going again with these properties cor correct and we have some tweaks to the original design um that we have met less than two weeks ago with the county to discuss those tweaks so need to move forward with that okay so if there was ever any like in any um any um wishes or thoughts about selling one of those Parcels we would want to go down that road before we start redesigning sooner rather than later yes okay gotcha okay did you find anything about the tarpon I think you're right I found nothing I don't know if it ever came so like to me it's very concerning and I I'm I have a very big issue with that um this beach stuff for me personally for many years in case nobody's followed me um never really been thrilled about it but now the fact that we're about to have permits and construction come back to us that we never even saw as we were told we were going to see um I don't understand how that happens is that the county doing that or is that no our staff I'll take the fall I just never brought it okay so we're not beond a point of return or anything and uh no I mean we've had uh our legislative sponsor involved so um there has been some Council input right is it possible to still have uh whatever plans we have canot be sent to council wherever we're at the most recent yeah I have the most recent plans that are in for permit okay that'd be great if you don't mind I'd love that um is it I'd also like to ask can I please uh have have sent to maybe me or all of us the grandfather contract from the um ice cream lady that they sent to the City attorney mhm what about it can we get a copy of that yeah absolutely that' be Fant I thought you had a copy but we can send it out would be fantastic that was that was several months ago it's not recent okay thank you um and I believe that's it thank you thank you and I will I was up at the top and didn't call myself but I just have a related question to the grandfather can you just give us a not now at the next meeting just a brief explanation of how or if we regulate out of town people that come in and do the kind of things that we grandfathered her in on do we have no ability to regulate just you know I'm going to give you time to contemplate and think but if you would report back and tell us you know you're idea of where we're at we will include the grandfather um packet and we'll talk about what our code says okay and not just particularly to her I know there are a lot of people that are Vending in the rways selling tools selling doing lots of stuff so I'm just curious about if and how we regulate people who are not based in Destin at all well if you're asking about btrs we don't require btrs for people that do not have a brick and mortar business in the city but if you're asking you know of course if somebody comes into the City generally and violates like something that applies to everybody they could still be cited for it for example they might not be a resident but if they violate a parking code we can still give them a parking citation and you know the Sheriff's Office can still enforce their traffic law so I'm just saying that somebody coming in Mobile vending still has to with some regulations they just don't have to have a BTR for a brick and Order okay if that makes sense and the mayor had a supporting the okit Transit Mobile on demand RFP is anybody going to present I think we are waiting until June 3D unless somebody's presenting for mayor Wagner yeah we'll wait till that was my question I think he put it on there before he realized he had to attend the conference I don't have anything thank you [Applause]