March 17, 2025 Regular City Council Meeting (2025-03-17)

REGULAR MEETING DESTIN CITY COUNCIL MARCH 17,2025 CITY HALL ANNEX COUNCIL CHAMBERS 6:00 PM The Council of the City of Destin met in regular session with the following members and staff present: Destin City Council Mayor Bobby Wagner Councilmember Teresa Hebert Councilmember Sandy Trammell Councilmember Jim Bagby Councilmember Rodney Braden Destin City Staff City Manager Larry Jones Parks & Recreation Director Lisa Firth Deputy Comm Dev Director Steve O'Connor Public Works Director Michael Burgess Public Information Director Tamara Young Projects/Grants/Contract Manager Jeffrey Cozadd City Clerk Rey Bailey Finance Director Krystal Strickland Principal Planner Daniel Butler IT Specialist Eli Burroughs Deputy Public Works Director Joe Bodi City Attorney Kimberly Kopp CALL TO ORDER, INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Bobby Wagner called the meeting to order at 6:00 PM. Pastor Steve Farris of the First Baptist Church of Destin gave the invocation, which was then followed by the recitation of the Pledge of Allegiance. AGENDA APPROVAL Agenda item 4C — Request for Exception to Livery Vessel Moratorium for 35foot Captained Pontoon Due to Substantial Hardship was pulled from the agenda. Agenda item 4I — Proposed Legislation HB 991 and SB 1242 — CRAs was added to the agenda. Motion by Councilmember Bagby, seconded by Councilmember Hebert, to approve the agenda, as amended, passed 4-0 (Council members Schmidt, Geile, and Destin were absent from the meeting).

1. PROCLAMATIONS / RECOGNITIONS / SPECIAL / PUBLIC PRESENTATIONS / ANNOUNCEMENTS A. Proclamation - Water Conservation Month The mayor read the Proclamation designating the month of April 2025 as Water Conservation Month, and then presented it to Ms. Monica Wallis, Operations Manager, and Mr. Lockwood Wernet, General Manager,of the Destin Water Users. 2. PUBLIC COMMENTS Mr. Dan Dulles, a Destin resident, expressed heartfelt gratitude,thanking several individuals for their kindness and support during a difficult time. He acknowledged Public Works Director Michael Burgess for delivering sandbags to his home, and Councilmember Dewey Destin for checking in on him and his family before the big storm hit noting their concerns. He also stated that local police, prompted by Lieutenant Joe Gordon and his wife, visited his home to offer assistance. He highlighted the community's generosity and the impact of small acts of kindness. 3. CONSENT AGENDA A. 711 Sixth St, Residential Marine Construction, HWB-001506-2024 B. 925 Peacock's Point Dr, Residential Marine Construction, HWB-001489-2024 C. 3815 Indian Trail, Residential Marine Construction, HWB-001514-2024 D. Resolution 25-07 -Community Land Trust E. Pooch Palooza F. Approval of minutes of February 21, 2025, Council Strategic Visioning Session Councilmember Hebert moved for approval of Consent Agenda items 3A — 3F, as printed above; seconded by Councilmember Trammell. Motion passed 4-0. 4. CITY MANAGER REPORTS A. Community Development Director Confirmation - David Prichard Councilmember Hebert moved to confirm the City Manager's recommendation to hire Mr. David Pritchard as Destin's Community Development Director; seconded by Councilmember Bagby. Motion passed 4-0. B. City Engineer Confirmation - Robert Tomasek Councilmember Hebert moved to confirm the City Manager's recommendation to hire Mr. Robert Tomasek as the City of Destin's Engineer; seconded by Councilmember Trammell. Motion passed 4-0. C. Request for Exception to Livery Vessel Moratorium for 35 Foot Captained Pontoon Due to Substantial Hardship This item was pulled from the agenda. Page 2 of 9

D. Public parking support for Destin's 68th Annual Blessing of the Fleet and Community Fish Fry on Thursday, May 29,2025 The City Manager noted that the Destin Week of Blessings Committee and the Immanuel Anglican Church have requested that the city waives the parking fees at the Marler Parking Lot on Harbor Blvd on Thursday, May 29,2025,beginning at 2:00 pm in support of this long- standing community event, and concluding at the end of the event. Motion by Councilmember Trammell, seconded by Councilmember Hebert, to waive the parking fees at the Marler Parking Lot for the 2025 Blessings of the Fleet effective at 2 PM on May 29 through the end of the event, passed 4-0. E. Community Rating System - Recertification as a Class 6 Community The City Manager reported that the city has maintained its Class 6 rating in the Community Rating System during the recent recertification process. While no points were gained or lost, staff have discussed potential improvements to achieve a higher rating. These improvements largely involve increasing public notification efforts, which would require mailing documents to approximately 7,000 residents on multiple times, incurring additional costs. The City Manager plans to present further recommendations on this matter at a future meeting. F. Recognition as a StormReady Community The City Manager reported that Destin is being recognized as a StormReady Community by the National Weather Service. The recognition highlights the city's preparedness for severe weather, as outlined in the materials provided to the council. G. Code Compliance Beach Patrol Discussion The Deputy Director of Community Development presented an update on beach code compliance enforcement, focusing on beach vendors and illegal ice cream sales. He outlined a tentative patrol schedule for the Beach Patrol Division, emphasizing that while flexible, it ensures increased presence to monitor beach activities, particularly during peak hours. Key points included: Beach Umbrella & Chair Vendors: New seasonal vendors often require early - season education on placement regulations. The department will focus on ensuring compliance. Illegal Ice Cream Vendors: The sale of food and drinks on the beach is strictly prohibited. The enforcement team will prioritize identifying and addressing unauthorized vending. Patrol Strategy: The plan includes two officers per day, one primary and one secondary — to prevent fatigue and ensure safety. Officers will use a side -by -side vehicle for patrols, with flexibility to adjust shifts based on weather and crowd activity. Councilmember Bagby emphasized the importance of: Page3of9

Situational Awareness: Ensuring real-time tracking of code enforcement officers to improve response efficiency. Communication with the Sheriffs Office: Strengthening coordination between city code enforcement and sheriffs deputies to ensure effective enforcement. Rapid Response: Establishing a standard for responding to complaints within five to six minutes. Councilmember Bagby moved to direct the City Manager to report back at the end of April on the number of violations and citations issued during spring break, as well as how the plan worked. Additionally, the City Manager is to execute a plan to improve situational awareness, communication, coordination, and synchronization with the Sheriff's Office to enhance beach code enforcement. Councilmember Braden provided a second to the motion, which passed 4-0. The Deputy Director of Community Development provided an update on parking violations following the city council's directive from November 2024. The report primarily focused on parking enforcement data from January through March 2025: Paid Parking Transactions: Jan - 0 Feb - 0 Mar - 78 Total: 78 Parking Citations: Jan- 1 Feb - 1 Mar - 9 Total: 11 Parking Warnings: Jan- 19 Feb - 6 Mar - 41 Total: 66 STR Parking Citations: Jan - 0 Feb - 1 Mar - 2 Total: 3 STR Warning Citations: Jan - 7 Feb - 6 Mar - 21 Total: 34 Page 4of9

H. TDC Monthly Report - Informational Only I. Proposed Legislation: HB 991/SB 1242 — CRAs Councilmember Bagby moved to direct the city manager to have the city's lobbyist to notify their legislative delegation of the city's strong opposition to House Bi11 991 and Senate Bill 1242. Additionally, if the lobbyist would like a letter in this regard, authorize the city manager to draft that letter and send it on behalf of the council. Furthermore, to have the mayor and the city manager bring up their opposition to these bills when they travel to Tallahassee next week. Motion seconded by Councilmember Hebert and passed 4-0. J. Announcements: 1. City staff have engaged in discussions with the contractor and other stakeholders regarding the ongoing work at Norriego Point. Based on these discussions, the contractor has provided updated project timelines, indicating substantial completion by June 1 and full completion by the end of June. Additionally, concerns have been raised about unauthorized boat docking on the harbor side. To address this, city staff proposed the installation of signage prohibiting docking in the area. Councilmember Trammell made a motion to formally authorize city staff to install the signs that will reference state law and indicate " No Trespassing During Construction," granting law enforcement authority to enforce the restriction. The motion was seconded by Councilmember Hebert and passed 4-0. 2. At the last meeting of the Tourist Development Council ( TDC),the City requested 300,000 from its allocated funding to supplement the construction of new pickleball courts. However, TDC staff responded that they would only approve 25%of the overall project cost rather than the full requested amount. Based on previous bid estimates, this would equate to approximately $ 175,000 instead of the full $ 300,000. Councilmember Bagby moved to direct city staff to communicate the council's strong position to the TDC that the full $300,000 should be fully allocated for the pickleball courts as initially requested as the project directly supports tourism and enhances local recreational amenities. Motion was seconded by Councilmember Trammell and passed 4-0. 3. Intelligent Intersections Update — The presentation by Terry Shaw from Kimley-Hom on intelligent intersections was postponed due to a weather -related flight cancellation. Efforts are underway to reschedule the discussion for the April 7th city council agenda. 4. The annual Easter Egg Hunt will take place on Saturday, April 19th, at 9:00 a.m. at Morgan Sports Center. The event is designed for children 12 and under but is enjoyable for all ages. 5. The first -ever Pooch Palooza will be held on Saturday, April 5th, from 10:00 a.m. to 3:00 p.m.at the dog park and the City Hall Annex parking lot. Activities include: Page 5 of 9

Blessings of the dogs Pet Talent Contest K-9 demonstrations by the Sheriffs Office Professional pet photographer Raffles, vendor booths, and food trucks Pooch nail trimming and trick scent demonstrations Proceeds from the event, including vendor fees and a silent auction, will benefit the Parks Foundation to help improve the dog park. Volunteers are needed — those interested can contact the Parks Director at the Community Center. 5. PUBLIC HEARINGS A. Non -Residential Marine Construction -- MRD Associates/Coastal Protection Engineering Inc., on behalf of the Destin Fire District, has submitted a Harbor and Waterways Board application for non-residential marine construction at 127 Calhoun Avenue. The proposed scope of work includes the extension of an existing fmger pier and staging area, totaling approximately 264 square feet of new dock area. The city's Principal Planner provided further detail, stating that MRD Associates, on behalf of the Destin Fire Control District, is requesting approval to extend an existing finger pier and staging area. The proposed extension would result in a total structure length of 264 feet. He clarified that there would be no increase in dock length beyond the existing footprint, no additional slip density, and no creation of new slips. The purpose of the extension is to enhance operational access to a new fireboat recently acquired by the district. The mayor opened a public hearing to receive comments for or against the project. Having none, the mayor closed the public hearing and turned the matter over to the city council for their discussion and consideration. Councilmember Hebert moved for approval of the Non -Residential Marine Construction project proposed at 127 Calhoun Avenue,for the extension of an existing finger pier and staging area,with the following conditions: 1. At time of building permit submittal, the applicant shall provide staff with the FDEP USACE approval of the proposed scope of work. 2. All regulations of the city's Marina Siting LDC Section 11.05.00 shall be adhered to and followed at all times. Motion was seconded by Councilmember Trammell and passed 4-0. 6. COMMENTS / PRESENTATIONS FROM MAYOR, COUNCIL, AND CITY ATTORNEY A. Councilmember Braden 1) Legislative Sponsor for Ordinance Creating Exception to Separation Requirements for 501(c)(19)Entities. Page 6 of 9

Councilmember Braden initiated a request to create an exemption in the city's alcohol ordinance for 501(c)(19)organizations, which are nonprofit military or veterans' organizations. The request was made in relation to an organization planning to relocate to a site approximately 423 feet from a church — less than the 500 -foot minimum separation currently required by city ordinance. Councilmember Braden noted that there have been no past complaints about similar organizations such as the Elks Lodge, and emphasized that these are private, veteran -based groups. Councilmember Braden moved to direct staff to bring back an ordinance creating exception to Separation Requirements for 501(c)(19)entities; seconded by Councilmember Hebert. Councilmember Bagby questioned why this matter was being pursued through an ordinance change rather than a simpler variance, expressing concern that adopting an ordinance could require more time due to multiple readings and might open the door to broader requests from other nonprofit classifications ( e.g.,501(c)(3), (c)(4),and ( c)(6)).Councilmember Bagby highlighted the potential for a slippery slope if the city made exemptions for one type of nonprofit,prompting others to expect similar treatment. In response, the City Attorney clarified that a variance is not currently authorized in the municipal code for this type of situation, and even if it were, it would be difficult to justify under the legal criteria for variances, particularly because locating near a church could be considered a self-imposed"condition. The City Attorney explained that the proposed ordinance amendment would be narrowly tailored to apply only to 501(c)(19)military -affiliated tax-exempt organizations and not to other types of nonprofits, thereby limiting the potential for a flood of similar requests. The council collectively acknowledged the need to preserve the city's family -friendly atmosphere and affirmed the importance of narrowly defming any exceptions to avoid unintended consequences. Motion passed 4-0. Councilmember Braden volunteered to act as the Legislative Sponsor for this matter. B. Councilmember Trammell C. Councilmember Destin D. Councilmember Bagby 1) Live Oak Fiber - Review of Lease Agreement Councilmember Bagby requested an update from the City Manager regarding numerous complaints from contractors working on underground utilities in the city's rights -of -way. He inquired about the enforcement of leases, agreements, and city codes to ensure issues are minimized and repairs are promptly addressed. The City Manager noted that representatives from LiveOak and GigaPower, the primary companies involved in the underground utility work, were present and had recently met with city Page7of9

officials due to significant issues observed in their work. During the meeting, city officials clearly communicated the expectations and requirements outlined in the companies' permits, emphasizing compliance with safety and operational standards. Key outcomes from the meeting included: Companies must notify the city two weeks in advance of their work locations. Monthly meetings will be held to address concerns, with additional meetings as needed. Open holes must be properly covered and well -marked for safety. Subcontractors must have visible signage on their vehicles for accountability. The city will hold the permit holders responsible for any violations or damages. Companies are expected to leave rights -of -way and private properties in better condition than they found them. The City Manager assured the council that progress had been made, and the city would continue to monitor the situation closely to ensure public safety and compliance. Councilmember Trammell raised ongoing concerns regarding unresolved issues on Mountain Drive, specifically referring to private property damage caused by Live Oak Fiber's previous excavation. A representative from Live Oak Fiber responded that the issues had been resolved, but Councilmember Trammell firmly indicated the problems remain. The representative committed to revisiting and addressing these concerns directly. Councilmember Bagby inquired about identifying a single, direct point of contact for residents experiencing similar issues to streamline complaint management. The Deputy Community Development Director clarified that such complaints should primarily go through the Community Development's engineering division, which coordinates directly with permit holders. The Deputy Director emphasized a structured follow-up process, noting that unresolved problems would escalate to his level, potentially resulting in permit revocation if necessary corrections were not promptly made. E. Councilmember Hebert F. Councilmember Geile 1) Projects Status/Updates G. Councilmember Schmidt H. Mayor Wagner 1) Mobility on Demand Program Implementation Mayor Wagner provided an update on a potential mobility initiative for Destin. He is exploring the idea of introducing well-equipped, manned golf carts to serve as a short -distance transit option, particularly for the short-term rental community within a one -mile radius. He emphasized that he does not support scooter rentals or unattended vehicle drop-off services. He referenced similar models in other coastal communities, noting that funding could come from advertising or tourism development rather than rider fees. He plans to refine the proposal with further input and may present a more detailed plan for consideration, potentially leading to a bidding process or other creative solutions. He invited feedback from council members to help shape the direction of the initiative. Page 8 of 9

I. City Attorney 6. PUBLIC COMMENTS Ms. Monica Wallace of Destin Water Users ( DWU) addressed the council regarding directional drilling activity in Destin. She expressed willingness for DWU to participate in ongoing discussions, noting that right-of-way permits are typically handled by the City's Engineering Division. She mentioned that DWU staff have observed an uptick in drilling activity on Fridays, speculating that this may be due to other municipalities prohibiting such work on that day. Ms. Wallis highlighted that while some Fridays are busier than others, the trend of increased Friday activity has been notable and is offered for the council's consideration. Ms. Wallace commended the improved cooperation between DWU and current subcontractors in terms of site restoration and cost recovery. However, she acknowledged that issues remain with some previous contractors. She also emphasized that while permit holders are generally responsive, it is often the subcontractors who require follow-up, and those subcontractors frequently change. Councilmember Bagby interjected to ask Ms. Wallis for her personal opinion on why Friday drilling is more prevalent in Destin. Ms. Wallis suggested that it may be because Destin permits such activity on Fridays, while other municipalities do not, especially due to the impact on weekend tourism and traffic. Ms. Wallis stated that while she had not personally investigated the matter, she had received that same information from staff and acknowledged that Destin's status as a busy tourist destination on weekends may influence neighboring cities' decisions to restrict Friday drilling. Ms. Wallis assured the Council that DWU ensures water service is maintained, including prompt repairs when disruptions occur, regardless of the day. She also encouraged residents experiencing sewer issues to contact DWU first so the utility can determine if it is a private plumbing issue or potentially the result of a damaged lateral from drilling. ADJOURNMENT Having no further business at this time, the meeting was adjourned at 7:18 PM. B bby Wagner, ATTEST: Page 9of9