If the 50-some of supporters of Ragga Surf Café who turned out for a Marineland Town Commission meeting Thursday evening to hear some hope, any hope, that the café can stave off eviction from its temporary home at the River to Sea Preserve on Dec. 31, they were disappointed. The eviction stands. The earliest Ragga may have a chance to reclaim its spot, if at all, may be March, judging from what County Administrator Heidi Petito estimated, though it would likely be longer.
What the supporters and some of the café’s co-owners saw was a duel of polite recriminations between Marineland and Flagler County officials as the two sides–the two supposed co-owners of the River to Sea Preserve–deflected responsibility for violating terms imposed by the state for management of the preserve, among them allowing Ragga Surf, a for-profit company, to operate rent-free at the preserve since early September.
What the supporters realized was that even Flagler County and Marineland, like Ragga Surf, are bit parts in a larger power play by the Florida Community Trust, the state agency that has ultimate control over the River to Sea Preserve, and that is threatening to revoke local ownership and take it back.
“We hear you,” Marineland Commissioner Angela Tenbroeck told the Ragga supporters. “We just need to be thinking about how we’re going to do this going forward so we do not lose the park. That’s the one thing we have.” Tenbroeck’s words summed it all up: Ragga Surf is no longer the priority.
For reasons no one understands, Florida Community Trust is overreacting, and doing so based on some of the mounds of misinformation that have obscured facts surrounding what amounts to a tempest in a teapot–and a well-meaning tempest at that. The Trust has also refused to engage in meaningful dialogue to resolve the immediate issue, or even be present in the room as local officials have scrambled to save the preserve’s ownership, while Ragga has mounted a campaign to save Ragga. (The Trust’s Melanie Orozco did not respond to a FlaglerLive email requesting comment.)
Ragga Surf is a beloved and wildly popular business that has come to generate a substantial part of Marineland’s GDP and not a small part of its bohemian identity. Its food truck, gift-shop trailer and ice-cream trailer had sat on land owned by Jim Jacoby, the Atlanta-based developer, until he evicted them at the end of August. Marineland and county government allowed Ragga Surf to move in at the preserve’s parking lot. The preserve is a 90-acre park framed by the Atlantic and Marineland’s dolphin-chiseled boardwalk to the east and the Intracoastal to the west. Ragga resumed its business.
No one got hurt. Nothing got demolished. No turtles, no egrets, no bobcats turned up dead on the beach, no vegetation died back from Ragga’s makeshift billet at the south end of the anyway-ghastly 75-car parking lot for the Preserve. No one complained: not visitors, not any of Marineland’s six or seven residents, not even Marineland and Flagler County, who extended Ragga Surf its “Temporary Use Permit” as a favor.
It was a misguided favor, a poorly thought-out favor, an unvetted favor, an unfair favor–what other private, for-profit business was afforded the same?–one of those favors birthed by a county commissioner overstepping his authority and eager-to-please administrators corner-cutting their way to a solution. But a favor nonetheless. There was nothing sinister about this. Only short-sighted sloppiness.
Ragga Surf itself did nothing wrong, other than slyly leaving uncorrected a false assumption by officials that it is a non-profit, which it is absolutely not, though the only way the county and the city could extend that favor was if it were a non-profit. In the end, all three parties–Marineland, the county, Ragga–colluded to pretend that it was, by using Ragga’s sister-company’s non-profit status as cover.
None of this would have mattered had Florida Community Trust, the effective owner of the preserve–since it can revoke its local ownership–found out. The trust was already upset with Flagler County and Marineland over concrete slabs that had sat for years in a preserve location the county intended for tourist cottages that never got built. The slabs never got removed, either. To the Trust, that put Flagler County and Marineland “out of compliance” with the management plan of the preserve.
“The slabs have always been the issue. All the other stuff had been secondary,” Janis Fleet, Marineland’s town planner, said.
“I get it that they want to see action, it has been 10 years,” Petito, the county administrator, said, obliquely blaming two of her predecessors–Craig Coffey, who wanted to build cottages there, and Jerry Cameron, who didn’t even think about them–for prolonging the problem, though she’s been at the helm for the last three and a half years.
When the Trust discovered that Ragga was doing business there–among many other unauthorized activities–it compounded the anger, and the Trust on Nov. 15 issued a letter ordering Flagler County to immediately kick Ragga off the land. Oddly, it did not do the same regarding a surfboard rental company that sits in the same parking lot, doing business. For profit. Without having ever gone before the County Commission for permission.
Since then, only the Trust could revoke that order. But since then, the Trust has all but refused to engage in meaningful conversation either with Marineland or Flagler County. Trust officials could have attended the Marineland meeting Thursday evening, either in person (as half a dozen Flagler County officials did) or by zoom. None did, leaving Marineland, the county and Ragga swinging in the wind–and swinging at each other: left without any means of immediately addressing the impending eviction, Marineland and county officials turned on each other, and that’s what Ragga’s supporters saw unfold for the firs half hour of Thursday’s meeting until Dennis Bayer, the Marineland attorney, came up with a reasonable compromise.
But before then, Petito and Marineland’s Tenbroeck and Fleet exchanged sharp, snippy words over who and why certain things did or did not not get reported to the state in compliance with the management plan.
“It seems to me, just me, that there is, there was some other information given that wasn’t a full picture,” Tenbroeck said. “It seems as though that there was someone talking outside of our team, meaning our collective team.”
“I don’t disagree with you, I just think that it’s hard addressing an issue that hasn’t been presented to me,” Petito said.
“That is that is something that I I don’t think we should air out here. I think that’s something for you to internally work on,” Tenbroeck said. ” I don’t think there’s anybody at fault here, so to speak.”
It was a Cool Hand Luke realization all officials agreed on, all of them sounding like Stroher Martin’s Captain: “What we have here is a failure to communicate.” They could have also added with the Captain that “some men you just can’t reach,” The Man in this case being Florida Community Trust, whose absence had the same effect as the Captain’s truncheon.
Dennis Bayer, the town attorney who has the advantage of having worked for years with almost all local parties involved, proposed that a committee be stood up, involving himself, Assistant County Attorney Sean Moylan, Assistant County Administrator Jorge Salinas, the county’s land manager and Marineland’s Fleet to draft a memorandum of understanding between the two governments that will more clearly define roles and responsibilities and prevent further such breakdowns. The document will be disseminated publicly before Marineland’s Jan. 16 meeting of the town’s Community Redevelopment Agency (or CRA, a sub-government entity that involves the same commissioners), where it would be discussed and presumably approved by the town and the county.
Everyone agreed, grateful for any kind of breakthrough. The two sides also agreed that a county staffer would from here on accompany County Commissioner Greg Hansen, the liaison at Marineland’s quarterly CRA meetings. It was Hansen’s request to Petito in August that triggered the hurried favor for Ragga, a request that originated in the unvetted chatter of a Marineland CRA meeting.
That done, all the county administration’s officials, who’d sat in the first of three rows of chairs in front of the commission, filed out and the town commission continued its more routine business, until 90 minutes into the meeting, when several of Ragga Surf’s supporters, who’d waited their turn, addressed the panel with more pleas to please do something.
“These are people you want to help, and it’s Christmas time, so whatever you can do, I appreciate you. You’ve tried, but we could do more while these ordinances are going through,” Carol North told the commissioners.
“Yes, Ragga is a bigger draw to this community than my damn sea turtle hospital,” Catherine Eastman of Whitney Laboratory’s Sea Turtle Hospital said. “This, I know is not up to you guys. Those that could extend their temporary use agreement was in this front row and walked out the door. So hopefully you guys can share a message and say, Hey, extend that temporary use agreement while everybody works this stuff out.”
But it’s not up to the county officials any more than it is up to the Marineland officials to extend that use agreement. The state has made that clear. It’s the only thing it’s made clear. As far as local officials are concerned, the immediate urgency is not Ragga Surf. It’s the removal of those concrete slabs once meant for cottages. Petito said that between the securing of contractors, asbestos testing and permits, it could take weeks. No agreement of any kind, no request for proposals affording any concession organization–not just Ragga–the chance to do business at the preserve could be issued until those slabs are removed. Petito mentioned March as the earliest date when all of that would be done, but an RFP itself takes a few months to go through its regulatory steps, so March may be overly optimistic, and even then, nothing says Ragga would emerge the winner of the bid.
And there was one voice of dissent, distinct as an ascending lark’s. “They’re wonderful people. The experience is wonderful, but I don’t care,” Veronica Peterson told the commission. “I care about River to Sea. I care about that park, the wildlife within that park. I’m an avid bird-watcher. I’m there two to three times a day, walking those trails. And while I absolutely want them to be able to have the opportunity to stay where they are, I am urging you to make certain that you do whatever you can to ensure that we don’t lose that park.”
Peterson added: “I absolutely want us to be able to maintain the fantastic opportunities for all of the culture, everything going on there, but don’t let us lose this side of A1A also. Because we all want to be supportive. We do. We want to be supportive, but there’s a lot of creatures over here that do not have a voice. They can’t sign the petition with 8,500 signatures. They can’t do so much. They can’t go on social media and tell everybody, let’s save, let’s save. They just have you. And I’m asking you to remember that.”
County Administrator Heidi Petito Friday evening provided the following statement:
I am writing to address the characterization of last night’s meeting with the Town of Marineland in your recent Flagler Live article. Your report described the meeting as a setting of verbal attacks, deflections, and accusations. However, this depiction does not accurately reflect the tone or content of our discussion.
The meeting focused on addressing the concerns that Florida Communities Trust (FCT) has with the River to Sea Preserve. It was apparent that there was a difference in the amount of information available to participants, which stemmed from prior gaps in communication. For example, at the start of the meeting the town misstated that the foundations for the cottages were from 2004, it was correct by the county that they were from 2014. Another comment was made, something to the effect, that it was so long ago, its likely none of us were around. Which is why I began providing the history of this project starting under Craig and it being on hold after he left, to Jerry starting and having other, more pressing issues to deal with (i.e., hurricanes, Sheriff’s Operation Center, etc.), to me being in this position for three years, our attempt to get grant funding for construction, however we were unsuccessful, and therefore we will move forward with removing the slabs. My statement was to provide clarity and context as to what has transpired, because it was apparent the information wasn’t known to everyone in attendance. It was not said to deflect and blame prior administration, and to suggest otherwise is just wrong. It appears that the former Mayor may have some additional information that wasn’t made available to us prior to the meeting, which is why I stated that I can only address the issues that I know about from the FCT correspondence. And that if she had some additional information that she was willing to share, then to please send it. Despite this, the discussion remained professional and civil, with all participants engaged respectfully, focusing on finding constructive solutions to the River to Sea Preserve. At no point did the conversation devolve into verbal attacks or unproductive behavior.
It is important to us that the public has an accurate understanding of our efforts and the way we conduct ourselves. We welcome coverage of our work and remain committed to maintaining transparency and professionalism in all proceedings.
I believe that we have established a good plan moving forward, with staff’s attendance at the regular town CRA meetings, the development of an agreement (MOU & ILA) between the town and county, and an update to our management plan with FCT. Staff and I attended a call with FCT today and we will have a joint follow-up phone call with FCT and Marineland in January, along with our letter of intent outlining our path moving forward.
Tom Hutson says
Reggae Snipes ,what a crock of crap is being spewed by our elected and appointed County officials. This is one of the best examples of Flagler County government operating at its best. Good ole boy favors , rules and regulations be dammed, who needs them.
Reggae’s comment that it did nothing wrong, how about telling a lie or lying by omission another example of why our 3 County employees should be fired. Commissioner Hansen should resign.
That preserve is for ALL Flagler County residents, thankfully we have the State of Florida oversight looking out for our interests. Our elected officials and appointed officials certainly are not.
c says
You said : ” thankfully we have the State of Florida oversight looking out for our interests”
Is this the same State of Florida that just tried to establish resorts and golf courses on public parks and land – and only stopped when they were outed and the citizens objected to being “looked out for” ?
celia pugliese says
I agree with you, after Cptn BBQ all should be fired. Corripy county and cities were administrators do as they please to satisfy their buddies developers and others greed against the well being of the residents taxpayers!
PDE says
This Flagler Live paragraph sums it up perfectly:
It was a misguided favor, a poorly thought-out favor, an unvetted favor, an unfair favor–what other private, for-profit business was afforded the same?–one of those favors birthed by a county commissioner overstepping his authority and eager-to-please administrators corner-cutting their way to a solution. But a favor nonetheless. There was nothing sinister about this. Only short-sighted stupidity.
…………..what could possibly go wrong?
And then there’s this:
Everyone agreed, grateful for any kind of breakthrough. The two sides also agreed that a county staffer would from here on accompany County Commissioner Greg Hansen, the liaison at Marineland’s quarterly CRA meetings. It was Hansen’s request to Petito in August that triggered the hurried favor for Ragga, a request that originated in the unvetted chatter of a Marineland CRA meeting.
These are the people that run our County.
Did Commisioner Hansen even attend last night’s meeting to apologize for this?
FlaglerLive says
The article should not have referred to it as “stupidity,” an injurious and inaccurate judgment, but as sloppiness. It has been edited accordingly.
Laurel says
After other sloppiness in the county, “sloppiness” is a generous word.
There was lying by omission by the business owner. Are our county administers that naive? If so, they should apply for less demanding jobs.
We definitely need a different commissioner.
Doesn’t both the county and Marineland have business procedures that are enforced?
Why was the *agreement* hurried?
Was there no rental agreement or payments?
Is the businesses ADA conforming?
Was the state approached on the legality of the business beforehand?
Does the business conform to business regulations?
Why were they given special treatment other businesses do not receive?
Temporary is temporary. Time’s up. Move along.
It’s crazy, in this county, how some businesses get unbelievable breaks while other businesses have to jump through hoops to comply. Some folks here seem to be more than happy to take advantage, and take over, public parks for personal profit. Enough is enough! Let these businesses buy property and go through the same procedures that any other business must. Let them buy land, or pay rent, and pay overhead, like anyone else.
Funny how some businesses land on the water for less expense than an inland efficiency apartment.
Ken says
And the “sloppiness” occurred because of why?
PDE says
Fl, thanks for the edit update, but this entire situation still sounds like stupidity to me.
Candace says
Personally, the Ragga business owners need to recognize that they need to drop this and take their business to private land for the time being. They are making the situation worse. The county and the town can no longer afford to entertain this crowd. It’s time to save the park and get serious about protecting it. Hansen failed in thought, but , Legal and Petitio failed the board in not giving them a formal proposal the following month that was fully vetted for them to formally vote on.
Irked says
How is this not fraud?
“In support of a non-profit”
Give me a break. These are weenie words.
Everyone involved should be voted out of elected, fired if appointed.
Standing in the Middle of Palm Coast Parkway says
If Ragga Surf has all these supporters, why can’t they secure a lease like many other commercial operations in Flagler County?
PeachesMcGee says
Like GenZ’ers, Ragga Surf expects everything handed to them on a silver platter.
Let's Be Fair to All Small Business Owners says
This fact is really the only part that matters -“what other private, for-profit business was afforded the same?” My guess is none. How many other small businesses are allowed to have a place rent free? It’s hard enough to make a living in Flagler as a small business, food truck or otherwise. I’m sure all of the small business owners would appreciate months of free rent.
Nothing about this set up looks temporary either. The misinformation about non-profit sounds very purposeful. Shame on you Ragga.
Ben Hogarth says
FLORIDA CONSTITUTION ARTICLE VII
SECTION 10. Pledging credit. – Neither the state nor any county, school district, municipality, special district, or agency of any of them, shall become a joint owner with, or stockholder of, or give, lend or use its taxing power or credit to aid any corporation, association, partnership or person.
Florida laws and the state constitution are pretty clear on this matter. Some of you may remember my commentary on the Bing’s Landing issue within the last few years and so I apologize that you will hear similar again. The use of public lands to inure to a private benefit (benefactor) is wholly illegal when that benefit is the PRINCIPAL use in the arrangement. I need not cite every article of case law. It’s all there for the scholars and interested parties.
I am a former Marineland Town Commissioner. I am a former Flagler County administration employee. I had the privilege of serving the community for a short time and there is also a special place in my heart for Marineland and the preserve. My purpose here isn’t to scold or ridicule, but to simply be a bearer of bad news and express how “in the wrong” the local jurisdictions are in their recent actions with Ragga Surf. And I take no pleasure in ruining the hopes and dreams of their business and patrons either. But the law is the law.
The Florida Community Trust will not, should not, and cannot waiver in its determination against the local community and Ragga Surf Cafe to evict them from the property. Nothing in this “arrangement” at the local level prevails against the constitutional restrictions and prohibitions that have been CLEARLY and EXPRESSLY laid out for generations. Flagler County is not a special citadel on a shiny hill far removed from the oversight of the state. To believe or think otherwise would be disastrous as other communities have learned over the decades.
I know Al. I know Sean. I know Dennis. I know Heidi. I know Jim. They are all competent, but equally important – good people and I am sure they all are approaching this issue from their own perspectives on Marineland, the Preserve, and Ragga. But regardless of opining and the buying time for hybrid solutions – the law is clear and the state regulators have made their demands clear. Ragga Surf Cafe cannot continue to operate a for-profit business on state preserved land held in trust when there is no equitable market value provided back to the taxpayer. And even in some of those hypothetical circumstances, the use could still be determined to be unlawful. We call this existing sweet deal a “leveraging” or pledging of public credit (in this case land value) to a private benefactor. It simply is not a lawful use of public land. It never has been in any state of these united states.
I know my former colleagues believe in public service and the public trust. So, by my own comments I pose this question (rhetorically) to them: Why are we even here having this discussion? How was this allowed to get this far?
We cannot possibly believe that the context of this case falls within any reasonable parameterization of “grey area” under state law. There is no legal obfuscation here and continuing to tap dance around longstanding public policy further jeopardizes the future management of the River to Sea preserve. Not to mention, there should be a mindset of vigilance following the recent and foolish misstep by state agencies to set aside thousands of acres of state parks and preserves for golf courses. If the state could incur such swift and forceful wrath of the taxpayer in a similar matter, how could Flagler feel so inclined to encroach here?
It is quite perplexing. But what is not perplexing in this case is the law. I urge you all to adhere to it for the sake of the Preserve and the public trust.
Vincent Maccherone says
I own a business in Flagler county. I wish I could get some favors or you know operate rent free but no I don’t get no favors!
marlee says
I agree with Veronica Peterson …..
“I care about River to Sea. I am urging you to make certain that you do whatever you can to ensure that we don’t lose that park.”
and…..my thoughts: Flagler County is fortunate to have this beautiful piece of property!
We cannot afford to lose this wonderful Preserve!
Rob says
Could we have them move to a county park? Maybe at the end of MalaCompra. Certainly would not be perfect but these people have a great product and work hard. I would hate to see them disappear
RDS says
If it is a great product they can go buy or rent a property to setup their business like the rest of us do with our great products.
Hey, here’s an idea… says
Sure, let’s ask Captains BBQ to scoot over a little bit to make room for them. I’m sure they won’t mind with the great deal they got from the county.
Kendall says
Not such a great product when we now know they were willing to lie to get what they wanted, ultimately stealing from the taxpayers of this county.
I won’t be back, and I really liked the place but morally, they don’t deserve my money.
Restaurant Man says
Let me know if I can add a hotdog cart to all of the county parks rent free as well.
I would love to be included in this wonderful deal. If needed I will show a non profit who will operate these venues.
just wait for it says
If there is no one fired from all this, shame on the County Commissioners. At the end of the day it is their (commissioners) responsibility to make sure that the front row is doing their job for all the residents of Flagler County. Clearly Petito, Moylan & Hadeed does not care about the residents of Flagler County.
celia pugliese says
I totally agree with “Just wait for it” shame in all the current and past county commissioners for not firing the administrators doing over and over again the same costly mistakes to us all the taxpayers. The land will be better preserved back in the Trust hands! Otherwise in this crooked county all if up for sale or given away to the best bidder or buddy! Another Cptn BBq!
XYZ says
NO ANSWER IS AN ANSWER! The State said it all with their
NO REPLY RESPONSE, more than likely the State is sick and
tired with the inept past and some still present FCBOCC ,Hadeed
Petito along with their sidekick Moylan. Slabs of concrete on a preserve
where the county wanted to build cottages since 2014 ? They were
ordered by FCT to remove the slabs for years and now the county is
out of compliance? They sure know how to give developers to go
ahead to build but they can’t remove eyesores like the Old Dixie
Hotel and slabs of concrete on a preserve. Disgusting! The only
people who made sense are Fleet, Bayer, and Tenbroeck while Heidi
Petito has to issue a letter to FL following this article to continue with her
self pity banter. Heidi ,we have your M.O. down by now, the public sees
right through you and this is the only transparency we need. Same for
Hadeed and Moylan, all 3 can go take a hike and take Andy Dance with
you the other narcissist.
Joe D says
Okay….
It’s clear, that the current arrangement, however well meaning it was, cannot continue unless we want to LOSE control over the Preserve!
It’s clear that there are community supporters for the Business.
However, for whatever miscommunications there were when this “temporary” use was granted ( non-profit vs for profit organization), we need to move forward.
Are you telling me that there is nowhere in the local vicinity where this business can sign a REASONABLE lease and move to that location?
I think rentals are down county wide for whatever reason. Now I know the PRESERVE was a “prime” location, but it’s been known for a while now, that the current location is unavailable December 31! To delay a “plan B” option, doesn’t show well thought out business sense. Marineland and Flagler County have no control over the decision.
I would task the large group of local supporters with assistance to locate an alternative location to RENT…no reasonable business owner would assume to have an indefinite “rent free” temporary location go on for very long. Were there no ongoing plans in the works? Thankfully the business is set in 3 movable trailers.
And to the Flagler County Commission…OPPS! This kind of legal oversight cannot happen again…do we not hire people to explore the details of EVERY agreement to make sure all the “i’s” are dotted, and the “T’s” crossed!?!
Looks like the next step to placate the seemingly RIGID Historical Trust group would be to start whatever process there needs to be to remove those concrete slabs…as a show of “good faith”…even knowing that to go through all the legal processes will take months…you need to start now!
Doug L says
Why wasn’t Commissioner Greg Hansen representing his district at this meeting? Greg is a prime example of an ‘Empty Suit,’ here’s why. About a year ago, Commissioner Greg Hansen was approached about the excessive wakes from the seasonal yachts traveling along the ICW, destroying our docks and eroding our property. Despite being a ‘self-proclaimed’ Navy man, he showed a lack of understanding and initiative in petitioning the state to enact some ‘no-wake’ zones on the ICW. Instead, he referred enforcement to the local Sheriff (who cannot enact laws) or the Florida Fish and Wildlife Commission, neglecting his duty to advocate for his constituents. If he had done his due diligence, he would’ve spoken to an FWC Major in Tallahassee who is very well versed on our situation and would’ve provided him with all the information needed to further along and enact laws for ‘No-Wake’ zones. But no, instead, he brushed away the concerns of his constituents, thinking they would go away when the fact is, a ‘genuine’ local politician should be the ‘point’ man for tasks such as this, not a resident who doesn’t have the voice or resources to facilitate.
Greg also lives in Palm Coast and certainly doesn’t have the best interests of the Hammock, as shown by his lack of attendance at this meeting. But rest assured, he enjoys the benefits of the wealthy Hammock Dunes residents and the votes he garnishes from them. The situation is urgent. It’s time for the county to rezone and make the entire barrier island its own district, and then we elect a resident with the Hammock at heart. Imagine having a representative who not only understands our unique challenges but also lives and breathes our community, committed to preserving the beauty and tranquility we cherish. This is not just a suggestion; it’s a necessity. Then Greg Hansen can blow smoke at the residents of Palm Coast and leave us alone. It’s long overdue, and it’s our responsibility to vote Greg Hansen out of office.
A concerned Observer says
Call them what they are, Squatters. Threat them the way all squatters should be treated. Explain that they have no right to be there and that they must leave. If they don’t, evict them, with the minimum but necessary force to accomplish the desired and lawfull outcome. Bottom line, they must leave the property, making sure that they leave it in the condition it was, before they set up their illegal enterprise.
Pam says
What??? When you have an individual who has taken over BINGS LANDING PARK! Made his demands and received a 20 year contract! Then there is Bronx Pizza who has been able to move in on the neighborhood residents with no respect or consideration for the disruption of quiet peaceful living. Apologies to the Raggae Surf Truck…you just don’t have the money or name to obtain the same consideration. What a shame!!
celia pugliese says
Why should be same with Bings Landings: “Flagler county was able to make the $1 million purchase using Environmentally Sensitive Lands dollars approved by voters through a special property tax levy”. The new bigger Cptn BBq allowed in the park is a violation of the Environmental Sensitive Lands lands approved by voters!” Attorney Brent Spain could prove it! https://flaglerlive.com/bings-history/#google_vignette