Four years after Captain’s BBQ sued Flagler County government in a breach of contract claim, a negotiated settlement calls for the county to pay Captain’s $800,000, and clear the way for a new, 5,000 square foot restaurant at the county park, on the so-called “peninsula” at the edge of the Intracoastal, just west of the current restaurant.
For Flagler County taxpayers, the dispute with Captain’s, just entering its fifth year, will have cost close to $1 million, when the county’s attorneys’ fees are included. Captain’s, which is still operating at the county park, is currently paying $980 a month in rent.
The county will pay $400,000 toward construction of the new restaurant, and will reimburse Captain’s $400,000 for money the restaurant has been spending on its existing building for upkeep.
Captain’s will have a 20-year lease from the moment it gets its certificate of occupation into the new building, a significantly larger structure than its current building, with seating for 150. It will pay $3,000 a month in rent and have the right to secure a liquor license.
In sum, the settlement is a financial shock to the county, a crushing disappointment to the Hammock community, and a huge victory for Captain’s, which may not have gotten all it wanted–such as building the 5,000 square foot restaurant in the center of Bing’s Landing, as it planned in 2018–but in some regards got a lot more, with county taxpayers picking up a large portion of the tab.
“It is a big disappointment in that we put so much effort in trying to get that to not happen,” Dennis Clark said in an interview this evening of the larger restaurant. Clark chairs the Scenic A1A Pride committee, is a member of the Hammock Community Association Board, and was largely instrumental in bringing to light what, in 2018, had been the county’s hushed plans to allow Captain’s to build bigger in the center of the park. “You took a sleepy park that had originally 1,500 square feet for the original bait and tackle shop, that has now grown to 4,700 square feet, and now that’s going to be 5,000 square feet.” Clark said that with a 150-seat restaurant plus employees, not to mention other users of what would remain of the park, “it’s going to turn a park into a parking lot for a restaurant, and I still think that’s going to happen.”
The Flagler County Commission has not approved the settlement. It was made aware of it in a closed session last week, but by law was not allowed to approve it behind closed doors, and delayed that decision until Nov. 20. It could still opt out of ratifying the agreement, but that appears unlikely at this point.
The location of the new restaurant on the peninsula is not a new idea. The County Commission had proposed it in 2019, after reversing course on the lease amendment (or reconsidering it). But Captain’s had rejected it at the time.
The county will draw the $400,000 from its reserves, which started the year at $5.9 million. It will use impact fee revenue and other sources for other amounts due. The two sides will pay their own attorneys’ fees, which in the county’s case had exceeded $153,153 as of July, and had been accumulating since.
Most of the peripheral terms of the settlement favor Captain’s BBQ.
Flagler County will be responsible for the upkeep and maintenance of the exterior of the new facility, including the grounds, and provide a sewer line once it’s available, at the county’s expense. Captain’s will be responsible for interior maintenance. The county will also be responsible for planning for “additional recreational opportunities and park enhancements to improve the overall public experience at Bings Landing,” according to a summary drafted by the county attorney’s office. Flagler County will also cover the cost of any permitting or impact fees associated with the new restaurant, including the cost of demolition and disposal of the existing restaurant.
To pay for it all, the county will “seek to establish a dedicated revenue source for Bings Landing with all proceeds derived from the park use, being utilized solely within the park for additional improvements and upkeep, as the County presently does at Princess Place and other properties that contain land management plans,” the agreement summary states. At Princess Place, the county built and leases “cottages” to generate revenue. It’s not clear how, without new, potentially disrupting amenities, the county intends to generate cash at Bing’s.
The $400,000 reimbursement covers costs “since the filing of the lawsuit when the parties could not agree as to a schedule for structural repairs and for reimbursement of all costs expended in engineering, planning and design for the original site and later proposed site,” the settlement summary states. “The forgoing amount also includes the settlement of all claims of damage due to lost business and damage to good will of Captain’s BBQ, ensuring a comprehensive resolution of all disputes arising from the 2019 lawsuit.”
FlaglerLive a little before 11 this morning requested the settlement agreement from the county’s attorney’s office, as it had not yet been published at the time. Just before 3 p.m., the county issued a release stating that the County Commission will “deliberate on a landmark settlement agreement with Captain’s BBQ on Monday.”
The release, coyly, did not disclose any of the monetary terms of the proposed settlement, and tried to put a happy face on the county’s grim result, describing the future restaurant as “a state-of-the-art Captain’s BBQ restaurant that will include design elements of coastal Old Florida architecture.” County Commission Chairman Greg Hansen was quoted as saying, implausibly, that “This settlement reflects our commitment to fostering partnerships that benefit the community as a whole,” as if the county would have been glad to sign on to an $800,000 pay-out and a new building four years ago–as if the lawsuit had been a happy haggle with “a beloved establishment in our community,” all intended to “enhancing the recreational offerings at Bings Landing while contributing to the overall vibrancy of our county.” Hansen’s Gatsbyesque words were almost certainly written by lawyers and the administration.
Ahead of Monday’s meeting, the county prepared a presentation framing the $400,000 contribution to the new building in terms of “return on investment,” claiming that the building will be worth $2.8 million at the end of the 20-year lease, thereby yielding an ROI of 279 percent. The analysis goes on to assume a “conservative market appreciation of 2% annually,” resulting in a value of $4.08 million, or an ROI of 477 percent.
The calculation, of course, is preposterous, because it applies an open market, private-sector analysis to a county-owned building on county-owned land that can never be sold, making that ROI irrelevant. The calculation, in other words, is a transparently deceptive attempt at making a battlefield look like an Elysian victory.
The county’s defeat originated with the commission signing on to a lease amendment it had vetted poorly, and that had been agreed upon between then-Administrator Craig Coffey and Captain’s owners mostly out of public view. Once the commission voted to approve the lease, it had signed a contract, making any retreat legally difficult. Captain’s knew it, so when the county did retreat, a lawsuit seemed inevitable.
The case was set for trial early next year. Circuit Judge Chris France in September pushed the two sides back to mediation, leading to the settlement.
“After months of negotiations, both parties reached a consensus that not only resolves the legal disputes but also fosters collaboration to enhance the community’s recreational and dining experience,” County Administrator Heidi Petito was quoted as saying in the release. “Through the intricate dance of negotiating, we found harmony in compromise and turned the page on a chapter that once held uncertainty. As a participant in the negotiated settlement agreement, I am grateful to have played a role in bringing resolution to this longstanding issue.”
The county had briefed a majority of the members of the Hammock Community Association on the substance of the settlement before it was made public.
Had the matter gone to trial and the county lost, Captain’s would have been allowed to build in the center of the park, and the county’s costs would likely have been higher. Had the county won, it would still have had a hefty bill because of the existing building. “There’s really no good resolution out of this thing except trying to make the best out of it,” Clark said.
That’s what he was trying to focus on. “Having a restaurant on the water in the Hammock is a nice idea, so I guess we should grin and bear it,” Clark said. He was also taking some comfort in “what have we learned so we don’t do this kind of thing again. Our rapport with the county and the community is more transparent now. I think they’re really trying. That’s a good sign going forward, so I’ll take that as a positive.”
MTM says
No telling what a barbecue Plate will cost up there after they build a new building and their rent goes up to $3000 a month you can’t afford to eat in there now
RichardSM says
There’s always Taco Bell for you
Bing Thing says
Taco Bell combo meal actually costs what a dinner plate of Brisket used to @ Cap’n’s! I hope the come off their high horse and offer proper mashed potatoes and gravy as a side, getting a lil tired of the collards and beets w/feta! its the drinks that will get you, I went on a first date there recently had only a coke and sliced turkey and beets tab was $63 with her food and wine, LOL (Thankfully, for my wallet there wasn’t a spark or date #2!)
But they Will always be busy regardless of price with the location, view and old school indirect wood fired smoker, and $3K for that rent is still a steal!
dave says
Agree with ya. Beets is a big NO. They need to add fries as well. They could never do fries because of the issue with the holding and disposal of the cooked oil. And you are also right, people ( locals) can complain all they want with, ” I will never eat there again” but, the place during season is always busy with “tourist’ that could care less what the issues are between the county and Captn’s.
Jan says
Sad. Another step toward the destruction of the Hammock.
Bee says
Hey Jan was it “destruction to the Hammock” when for years a non income producing bait shop sat there, along with vagrant drug addicts and stray cats or only because your just being a hater? Like it or not Captains brings business to everyone. When you go out find the hit and run criminal that ran over and killed long time resident and friend Ricky Saia in the hammock, then you and the rest of the tree huggers can continue to play garden of Eden. Stop trying to rewrite history when it comes to the hammock.
Laurel says
So, do tell, why is it whenever someone disagrees with the far right, they are “haters.”
Also, do tell, just how does Captain’s “bring business to everyone”? We are the ones paying for it.
Why should other businesses have to purchase property, or pay big rents, and Captain’s business is on our tab?
You betcha, I’m a tree huger! It’s sad to me that there are people here who find the only green worthwhile is paper. You are missing a lot.
Speaking of rewriting history, Bing’s Landing was, and I mean was, a family friendly park, with visitors, boaters and fishermen, not the picture you painted it. Now it will be a public park that serves liquor.
A hit and run has what to do with this article?
Bee says
And how long have you lived in Flagler County???
Wow says
Let’s not play “who has lived here the longest” okay. Unless you invite some Timucuans to share their opinions.
Bee says
Timucuans, didn’t live in Palm Coast.
Bill C says
Hey Laurel, if Danko gets his way with his ordinance to allow placing signs on rights of way, flood the place with signs denouncing Captains BBQ! You know, “Keep going-Worst restaurant ever”, “Don’t eat here the food sucks” etc.
Bill C says
PS or how about a demonstration in the meantime? Invite local media, Spectrum News 13, Daytona Beach News Journal, of course Flaglerlive, The Observer, etc. to cover the outlandish settlement and hear resident’s statements. I’m in.
BF says
Exactly!!!
This settlement is ridiculous and the business should not get the story of the community BEFORE the building is built so that they don’t want to continue the process.
Samuel L. Bronkowitz says
I’m sure all of the poor little rich people will be just fine
Laurel says
Oh, My, God! Who has ever heard of a rip off like this one? Well, Flagler County taxpayers, bend over for your bbq. The county will pay the impact fees. Bring in sewer lines for them. A public park with a liquor license, all on your tab, without benefit or relief for you. You are going to pay a hefty sum for a long time, and the sanctity of your *public park.* is over. Good luck finding parking if you just want to visit your park. It now belongs to Captain’s business, not you.
I’ve never seen anything like it. They are not our neighbors. We won’t be going there. I never wish bad things on people, but if karma exists I hope it pays attention here.
For starters, the current administration needs to go. This has been incompetency, and questionable actions, for years now. We cannot afford their actions and decisions. Residents do not matter, but our money does.
Fiscal insanity.
Karma says
This is Karma coming back to those who opposed it to begin with. Ya’ll act like you visit the park on the regular. Just a bunch of haters who moved here and now don’t want any change. Where were you 20 years ago when druggies and ferel cats ruled the park???
Laurel says
Karmanot: We had already bought property here.
There’s that “hater” thing again.
Why should Captain’s have a grossly sweeter deal than anyone else? You are clearly friends of the owner.
Native Floridian says
Good luck Captains BBQ. Me and my large family will never eat at your restaurant again.
palmcoaster says
Ditto here…we haven’t put a foot there since their ridiculous demand started,
CELIA PUGLIESE says
Laurel aren’t you one of those county affected taxpayers? Glad we agree that this is the biggest rip-off to us all in this county and cities. Isn’t the Hammock Community fighting this abuse anymore? 5,000 sq ft for profit on lands we bought “for preservation” with Florida Forever Funds is I recall correct? I haven’t gone to Cptn’s BBQ since they started this costly lawsuit to us all.
Tamara Ashley says
The county literally condemned them for a building falling apart but would not let them repair it. This is a win for the family owned business and well deserved as an upstanding business that actually has good food.
jake says
This is a ripoff of every taxpayer in Flagler County. You must be part of the “family”.
Tim says
How is this better, and why didn’t the county attorney put this in to the lease ( subjective to FBOCC approval) or something like that so when they don’t approve the lease this wouldn’t happen.
Jack Snowden says
Remember, Heidi Petito was front and center back in 2019 as the General Services Director whom said the building needed to be replaced and then was still in that position when they said the building was Ok. She was responsible for the leases back then and now is the County Administrator. This has her name all over it.
Kat says
Craig Coffey is laughing all the way to the bank. I expect the county commissioners will arrive for the ribbon-cutting in a clown car. And I also expect the “dedicated revenue“ will be a further expense to taxpayers who taxed themselves to buy and build the park.
Since this whole thing happened, I have not patronized that business nor will I ever. I don’t care what other people say about them bringing business to the Hammock, our beautiful park is now going to be nothing but their parking lot. And commissioner Hansen, nice attempt at putting lipstick on a pig, sort of literally and figuratively.
It appears that a lot of commenters, not just on this post, but others involving the Hammock, have either snobby or trashy views of the residents here. Guess what, we run the spectrum from homeless people in the woods to billionaires with vacation homes that are used one weekend a year. The majority of us moved here because of the natural beauty and wish to preserve it as much as possible.
Bee says
It wasn’t a beautiful park until Captains moved in! Save it for the newbies who are just moving in.
Lee says
Hammock mafia won again these guys are a disgusting. And Flagler live keeps taking down my comments bunch of leftist.
Robin says
One revenue source may be charging to use the boat ramp?
A shame that publicly owned property is used to serve a private enterprise.
I’m curious as to how the $3,000/month rent stacks up against waterfront rates in the private sector. I bet it’s a lot more.
Does this pave the way for the proposed boat storage facility , marina and restaurant south of Bing’s Landing?
Jane Gentile Youd says
Robin :
The $3,000 a month rent does not include a percentage of profits in addition to the base rent they will profit from the HARD LIQUOR license they don’t tell you about. Yep – check it out; State of Florida requires seating of 150 or more for a license to sell hard liquor which license they can never get on the ‘still standing and fully functional building with a maximum capacity of 90. So the poor multi-multi-owners are stuck with just profits from beer and wine. That’s what its all about folks.
Not only will they profit about $3,000 a day they don’t tell you that the County, yep you and me, will be the responsible party for this HARD liquor license . They will need 150 parking spaces ( that probably means 2 handicapped parking spots instead of the one they have now)
It was Heidi Petito who convinces the County Commission in November 2018 – with her pals Mengel and Dixon – that it wasn’t worth repairing the current building ; the county allows her to negotiate this insane settlement deal when she is one of the primary reasons the commission voted in the first place? Hadeed, her buddy sits silent now and sat silent then when he should have said ” NO NO don’t do that’. Instead he is making ( one of his) buddies rich. 95 percent of the allegations in the original lawsuit are MOOT. They are fully operational and boast of the best views in Palm Coast!
Any commissioner should resign who votes to allows such land theft as well as dumps 100% liability when one leaves this new restaurant totally smashed – gets into their go -fast boat ( docked next to the Private Charter business run from our county owned docks free of charge) and injures or kills a boater on the intercoastal. Who will get sued? Flagler County will get sued . Guess who will pay? You and Me. Captains won’t pay a dime other than fire the bartender who gave this patron the drinks- the owner of the property is 100 % responsible for accidents not exclusively the leased ‘business’
Read the lawsuit folks – just log into Flagler County Clerk of Court and search ‘records’ under name ‘ Captains’. Scroll to the bottom of the multitude of (unnecessary) and just read the first 13 pages of the lawsuit ‘ Complaint. They sued for potential lost income, lost profits, damages, blah blah. None of their $666 a month total rent leases include their rights to profit from this business nor was there any guarantee as to the longevity of the building. Not a dime of profit percentage ( which Funky Pelican pays to Flagler Beach) on the $$$$$ they make on the beer and wine they sell ( with County holding liquor license).
With such a settlement, it should be cheaper to go to trial – that is with competent legal counsel not a good ole boy rat infested deal. This is OUR land ; we should not make 20 year deals with any private party for any purpose. Who in their right mind gives permission to the person who caused the mess to ‘negotiate’ a settlement who is not an attorney, nor an engineer, nor a building inspector ( where was our chief building inspector on the Sept. 6, 2018 inspection? ) .
Any commissioner who approves this theft is totally incompetent ( in my opinion) and should resign immediately. How do you see it?
Laurel says
Jane Y: I agree with you. I have never, ever heard of a deal like this one. This is a total ripoff of taxpayers’ money, and abuse of public property.
The building was to be a tackle shop, serving the fisherman and boaters. The person running it was harassed and run off. The current boaters buddies complained about her constantly. Then, the New Yorker came in and changed the whole thing, and was never satisfied with all the perks he got on our dime. It’s made him rich. Now, he wants more and our incompetent leaders are going to give it to him.
Fiscal irresponsibility. Remember this when you vote.
Erod says
“It was Heidi Petito who convinces the County Commission in November 2018 – with her pals Mengel and Dixon”
Wasn’t it Michael Dixon, the one who approved the Sears building for the county to buy , in yet another SWEETHEART DEAL for the owner ? Only to find out after the fact it was another MOLD INFESTED HEALTH DISASTER.
And what do you know, Dixon gets a “SWEETHEART” promotion from his pal Petito. Flagler Favoritism at its best.
Thomas Hutson says
Settlement captain’s bbq
Wake up flagler county residents, wake up!! If this so called “settlement” is voted on for “approval” by any of the current flagler county commissioners, they should resign their commission seat! They should first fire, the current county attorney and their current county manager.
This is an example of why flagler county residents should go to the polls and vote in november 2024 to remove the current seated commissioners; if they vote for this bs settlement that is nothing more than a joke.
Read the so-called settlement $800,000.00, new 5,000 square foot building on county property, allow for alcohol (in a public park), pay $153, ooo plus county attorney fees, give them a 20 year lease at only $3,000.00 a month rent, county to pay for tearing down the “old” building, enhance the entrance.
Hansen “this settlement reflects our commitment to fostering partnerships that benefit the community as a whole.” for “whose” benefit? After 5 years, oh this settlement benefits the flagler county residents. Oh yea!!!
This is another reason to remove the county attorney and county manager, they are a joke. If the county commission approves this obscene settlement they need to resign and do the residents a favor.
This is nothing but b-s, it must be in the water if after 5 years this is the “best” the county could come up with.
No wonder they wanted to keep it quiet. What else in in the “fine” print? Where is the fee for non-performance by the leasee, no subletting clause, where is the rental increase per year over time? Etc. Etc.
JimboXYZ says
The lawyers are making out pretty good for every screw up the County & City governments do around here.
Fernando Melendez says
Flagler County settles and will pay Captain’s BBQ $800,000 and Allow New, 5,000 Sq. Ft. Restaurant at Bing’s Landing. But what it really means is that you the tax paying residents are the one who are going to pay for their mistakes once again. Enough is Enough! Time to make some changes from the very top. The response come elections should be a mass action response by our voters.
Restoring Responsible Government Starts By Voting Them Out! vote4fernando.com
PRIMARY AUGUST 10TH – 17TH 2024
Nephew Of Uncle Sam says
Fernando didn’t you run as a Republican? Why on this green Earth, with what is happening in this County and Town, any resident would want to Vote for anyone on the GOP ticket.
Fernando Melendez says
That’s a great question, but the truth is that all these Commissioners are not representing either Democrats or real Conservative Republicans like myself. They are all career politicians who are part of the good ole boys club and the anointed ones to win elections. They do not represent neither party but only special interest. I represent your pocket because I’m getting hammered as well with taxes, fees, and no representation.
TREEMAN says
Another RINO who will F**K Taxpayers!!! Do NOT vote for this JERK!!!!!
Jane Gentile-Youd says
Not so fast Fernando…. It ‘aint’ over until ‘ the fat lady sings’ as it goes but this ‘skinny lady’ is not only going to use her 3 minutes to try to ‘exterminate’ this so called settlement and get a movement going among all Flagler County property tax payers to pay our 2023 tax bill ‘ u n d e r p r o t e s t ‘. Set the case for trial. Trials are PUBLIC. Let’s fill that courtroom the day or days of the trial and let’s see if we still have a government of the people, by the people and for the people. Lets fill up the courtroom and find out; if our elected officials want to squander money let them squander their own personal funds – not OURS!
It is beyond outrageous that the county commission lets staff lead them instead of vice versa. Never have I seen a government body who do not control everything, who do no control what staff does and how they do it!
It is becoming almost embarrassing instead of ‘proud’ to tell people where we live these days…
Skibum says
I completely understand that there are quite a few people, mostly those who reside in the Hammock, who opposed the original agreement and signed contract that the county entered into with the owners of Captain’s BBQ and have been in a protracted, long-fought battle to keep that restaurant from pursuing its goal to have a new, larger building built in the county park. I’m sure it is disappointing to learn that the mediation agreed to by both parties in the lawsuit point to the unambiguous reality that the county was in a losing position that potentially could have resulted in county taxpayers paying even more had this dispute gone to trial. Love them or hate them, I never once doubted the restaurant owners eventual win because they had the goods to prove the county entered into a contractual obligation with Captain’s BBQ, then reneged on that written contract after so much opposition from Hammock residents and lovers of the “unadulterated version of Bing’s Landing. From a purely legal standpoint, the county was foolish in their wrong-headed efforts to try to get out of that contract, they were even more foolish to make the preposterous legal arguments they made against the restaurant’s owners during this lawsuit, and they would have been extremely foolish to take a bad case like this one was to trial and roll the dice with potentially millions of taxpayers’ dollars. Let’s all hope that those in the county administration who need to learn from this fiasco do in fact learn and heed the lessons they need to be educated on, because this had LOSE, LOSE, LOSE written all over it from the first day they backtracked and somehow decided it would be a good idea to fight such a stupid fight instead of taking their licks and moving on with the original decision they agreed to in the first place.
Laurel says
Skibum: You may be right, but it is a piss poor settlement, and our commissioners will hopefully pay the price, but we will foot the bill. I know of no other situation where a couple of New York guys, with little investment, can ripoff their very neighbors in such a fashion. Clearly they had help and something must be in it for their helpers, and those who are still participating.
We will not patronize the place, but they will be okay because the same administration has allowed more than 520 short term rentals on this barrier island alone, owned by mostly out of state investors, which will house strangers who have no clue about this horrendous deal, or care.
I’ve watched Florida get repeatedly raped all my life, by these sad, hollow people, but this one is a cake topper.
Skibum says
I don’t disagree, but this area is not unique to the present situation where outside investors and others with $$$ come from other states, buy up available real estate, and piss off locals who have lived here peacefully for a long time and want things to stay the same. I think many people would be hard pressed to find ANY desirable area that hasn’t seen a population boom as well as significant change for the worse, as far as locals see it anyway, over a period of time. As the saying goes, there is nothing more constant than change. I just hope that the restaurant owners don’t get the brunt of all of the criticism, because they didn’t strong-arm anyone in the county to get the lease deal that the county presented them with. Apparently, the county was in dire straights trying to entice some type of business to come into the park and set up operations. THEY initiated all of that. It could have been any other restaurant owner doing what Captain’s BBQ did, and they have been doing it successfully for years now – much more successfully than quite a few other new restaurant ventures that never even made their first or second year anniversaries! The blame squarely lies with those in county administration who negotiated and signed onto that legally binding contract, then after getting egg on their faces from the withering public backlash, attempted to tear up that legal contract like it never happened. Jeez, those brainiacs must all be graduates of Trump University!!!
Tired of it says
You can thank Commissioner Hansen for this fiasco.
Ron says
Do not forget Dave O’Brien also!
Edith Campins says
Settlement? What settlement? They got everything they wanted and the taxpayers are stuck oaying the bill.
Diane Ellertsen says
I will never support this establishment, neither should the county. Such a shame
Roy Longo says
What a surprise when you look backwards.
“Sullivan was joined by Commission Chairman Don O’Brien, and Commissioners Joe Mullins and Greg Hansen.”
Three of these four idiots are still on the commission. They are solely responsible for this astronomical abomination that is fixing to cost the taxpayers $1,000,000. You three should be ashamed.
The Sour Kraut says
All the hate now, but this place is going to be THE place to go when boating in Flagler County. Would love to see a couple more restaurants on the intracoastal in Flagler County.
Tired of it. says
Never has been and never will be. Overpriced, junk food. Bring a picnic lunch and use what will be left of the park.
Concerned Citizen says
All of this hoohah over dry, expensive overrated BBQ. And chicken that will make you sick. Not to mention the disreputable people they hire. Like staff who have a thing for underage minors. County needs to get out of the special favors business. It’s getting expensive.
If you really want to make a statement stop patronizing the establishment. Not having business will send a loud message.
Erod says
Why do I think the county is going to shell out way more for Captains.
400,000 “towards” construction of a new restaurant
400,000 to the owner for “pain and suffering” .
The county will also pay the IMPACT FEES AND PAY FOR A NEW SEWER SYSTEM ( $$$)
Has anyone questioned how much the new sewer line will be ? Or will that be another DISASTROUS REVELATION AT A LATER DATE ?
Will the restaurant be granted exclusive parking for Captains patrons only (ceding public property for private use)
What happens if Captains BBQ goes out of business ? Who retains the rights to the property ? The owner of Captains ? Don’t automatically assume the county. With the brilliant legal staff the county has I wouldn’t be surprised if the overlooked that provision.
Since the new tax payer funded private building will sit on peninsula land, how much money will the county have to pay the EPA or the Army Corp of Engineers for feasibility studies ? This is not mentioned.
Flagler County government, it would be comical if it want TRUE, that’s why it’s so TRAGIC.
palmcoaster says
Just sickening…we need new county commissioners, staff and legal team!
marlee says
Did I miss this?
WHERE is the exact location of the “restaurant on the water”??????
CELIA PUGLIESE says
Marlee: Inside our land preservation park Bings Landing off A1A south of Hammock Dunes Bridge.
Laurel says
North
Sally says
Unbelievable, Flagler County and the taxpayers are the biggest loser in a 5 year dispute. Way to Go County Officials.
Romuald Flieger says
Hi there it’s a shame that the county wasn’t more careful on how they write contracts. Another big mistake at the taxpayers expense. The owner of BBQ made out like a bandit. Sweet deal . Money in the bank for him.
Ben Hogarth says
Anyone blaming the current administration for the Bing’s Landing debacle seriously needs to revisit the history of articles and comments (that some like myself) have been making for years. The legal dispute has only now been resolved in court (assuming the BOCC signs the settlement), but was several years in the making. No need for me or anyone else to restate the past because it’s all well recorded on FlaglerLive alone.
It IS upsetting that a private business can walk all over the County and place their flag in a public park. The very nature of the entire situation at Bing’s is unlawful on its face and I’m really unsure as to why the court even continues to entertain the notion that a private business can utilize public space this way. Private benefitting of public space must be ancillary at most (to the use of the space) and it’s clear as day that for Bing’s Landing, the private benefit is the PRIMARY use.
I was hoping the settlement agreement would tender with the a “final” closure of the restaurant on site and restoration of the space to the public. I’m not opposed to Captain’s BBQ as a business – I’m opposed to it being collocated on public property (and valuable park space at that). I don’t fault the owners of Captain’s BBQ for trying to find the best deal they can – but we do have to fault the elected and appointed leaders who put this little private deal together in the first place. I believe all of whom are no longer in a position of authority.
Flagler needs to move on and learn the lesson – the most important part of the story. Don’t let your elected officials cut deals with private benefactors for the use of public space, particularly when that public space is sacrificed as subsidy for the private party. Any public space temporarily (conveyed via lease) should come at fair market value (FMV) and not as a public subsidy.
That’s 101 stuff. Learn from it – it’s FL Constitutional Law.
Angry, but not surprised. says
“I believe all of whom are no longer in a position of authority.” No, Ben. Except for Craig Coffey, former County Administrator, all are still at the County.
G-Man says
Craig Coffey and Sally Sherman are to blame for the current settlement. They started this mess and I suspect this settlement was a result of their county mismanagement.
Jane Gentile-Youd says
The County Commission make the final decisions. It is 100% their fault for eating the dog food served to them over and over again.
G-Man says
Commission seated at the time did have final say however it was Coffey and Sherman providing the information. Staff only did what management at the time said or else. Think about Captain’s, Sears building, old hospital. County tax payers will be paying dearly for years. Don’t forget one commissioner has ties to some of the purchases.
BLINDSPOTTING says
G-Man: can you break that down? Who has ties and what kind
of ties are they? Is it a former commissioner or one who is
current? This “quid pro quo” needs to stop! also anyone who
is up there currently if there are any ties to Bings including
donations to their campaign must recuse themselves from voting
this Monday. I am appalled at seeing stakeholders who held
county positions in the past who influenced and made poor decisions
concerning the welfare, safety, and health of our communities
leaving us in a big mess and benefited from those decisions need
to be held accountable. This is total BS!
Jane Gentile-Youd says
To Blindspotting: Some facts: Chris Herrera, co-owner Captain’s, gave Commissioner Leann Pennington the maximum campaign contribution allowed by law, of $1,000 (he listed himself as owner of Charter Boat Business – which usiness operates free of charge from our expensive floating docks with Heidi Petito’s blessings). His partner Michael Goodman (whose house is worth over approximately 1/4 $million today) went door to door to his neighbors with her in his community of Island Estates.
I wonder why Captain’s campaigned so hard for Leann to be elected to the commission last year, 31/2 years after the filed their lawsuit against the county. Why?
In my opinion no candidate for public office should ever take a dime contribution from anyone, or any business, engaged in a frivolous lawsuit against the very people ( their land and their wallets) I wish to represent, Never ! Would you?
Jane Gentile-Youd says
Woops! My error on approximate worth of Captain’s co-owner Mike Goodman’s home in Island Estates next to his neighbor whose home is ‘pending’ at $2,799,000 . His property taxes are always paid early.
He must have a money tree in his back yard to save himself from continual financial ruin according to the phony lawsuit his buddies Hadeed and Heidi are so so so very anxious to settle. Just in time for the holidays , eh?
CELIA PUGLIESE says
You forgot Al Hadeed to complete the triad of significant wrong doers with the first lease renewal…
Skibum says
I’m not so sure you are up to speed with “FL Constitutional Law”. Bing’s Landing county park is definitely not unique in having a private business authorized to operate within a public park. Far from it. One of the more well known restaurants that has been in operation within a FL state park for many years is the Old Sugar Mill Pancake House at Deleon Springs State Park. Another is the now closed private restaurant at the boat dock at Dead Lake, which was open for years until one of the recent hurricanes flooded the building and it was deemed by the county to be a total loss. I don’t think that Flagler County was trying to do anything that has not been done time and time again… they just went about it in a very poorly executed way, then exacerbated their legal liability by the failed effort to distance themselves from the legally binding contract they signed with the restaurant. If there were such a state constitutional law prohibiting private businesses from operating at county or state public spaces, the above examples as well as other private business ventures here in FL would have never been allowed to be sited where they are located.
Brian Riehle says
Imagine what it will be like on a busy weekend with all those cars trying to get back onto A1A from the parking lot.
Next thing you know there will be a clamor for a traffic signal in front of the place.
And I’m guessing the Captain still won’t have a bait shop.
BF says
There is an bait shop across the street. That said, this is a travesty of a deal for Flakey County residents.
Dennis C Rathsam says
If you all want GOOD Q, not that reheated crap that C aptains sells …Drive up rt 1 on the way to St Auggy, next to the 1st gas station on the right youll find a smoker thats really being used everyday, the smell is intoxacating, & the food is even better, & you dont have to kill cockaroaches on the table & floors! P.S The county & the city are run by jackasses.
Laurel says
Dennis: Thanks for the tip, we will check it out.
Concerned Citizen says
Dennis,
I agree with your assessment. Smokin D’s has great fresh food. My wife and I make the trip up twice a month. and it never disappoints. On several occasions we tried the chicken plates from Captain’s. Both of us had severe food poisoning and were sick for days. Then we learned they had been cited by the state for not storing properly.
I tried to give them multiple chances on different meals. The pork was dry and tasted like it had been out most of the day. A sandwich, side, drink and piece of cheese cake was almost 40 bucks. I thought I had ordered a steak!! Yep if you want this place to learn different stop frequenting. It’s the only way to get someone to listen.
Bee says
And how long have you lived in Flagler County??? If you know so much you wouldn’t have to ask about the correlation between a hit and run accident in the hammock and this article. Ricky Saia the deceased was a long time resident of the hammock who’s body was left on the side of the road in the hammock after being run over on his bicycle. An old surveillance camera only showed a blurry version of a person looking him over and then taking off.
I’m a 51 year-old man, and as a teen would ride my bike to summer school to the counties property there. No bike paths, no nothing but trailers and bad tans. Don’t tell me about your grandiose ideas for the Hammock LOL! It was dubbed the waterside version of the mondex and only recently has it started to change. I grew up in Palm Coast with one the owners of Captains. There’s a bunch of us that own our own houses and run our own business and have never left. How about if we all band together and show you how we feel about you snowbirds and transient, opportunist coming here and telling us about where we grew up???
We were young transplants that came here in the 80’s and 90’s and helped contribute to the foundation of this palace even though people counted us out for “living in a retirement town” or “the good ole boys old hunting grounds.” We were literally looked at as if living on Gilligan’s island. Palm Coast was in a league by itself. Now you and these other retirees have the nerve to tell us about growth, sweet deals and the such? We don’t get pensions and 401ks, hard enough getting medical. It’s just such a travesty, isn’t it!? You’re poor Bings was never a family park. Go ask Mr. Bings niece who lives in Vilano Beach what she thinks of how Bings Landing and the Hammock was going before Captains came in!
BLINDSPOTTING says
Hansen needs to go, he always flip flops back and forth,
says one thing then does the opposite in another meeting. He makes
one think he is on the side of the residents, it’s all theatrics with him
as it is with the others on the board, they all need to go and not even
think about running for a reelection, Andy Dance has a conflict of interest
on the FCBOCC, his wife is the assistant to Petito and Pennington has to
watch her P’s and Q’s with Hansen since he was a big supporter of
her campaign, we don’t need officials to represent us to just “go along
to get along”, this is why they wanted that closed door meeting but
now they have to vote on this in front of the public, can’t wait to see
their votes since they are known for their late night rubberstamping
approvals without proper public input, proper public address or
proper public notice. Th City Council are far more transparent then
the FCBOCC, you may not like some of them but they do put it out there
for the public to view and have the opportunity to comment.
CELIA PUGLIESE says
Blindspotting : Totally agree! Pettito and County Attorney should follow the current incumbents in 2024. Better the commission take this to trial as no way to take away our preservation lands for individual profit and with this cost in to taxpayers pockets! Something very wrong with this agreement…as is no a settlement at all as far is us the taxpayers!
Jane Gentile-Youd says
Right on Celia! And let’s pack that courtroom…
Bill C says
Dumb da da dumb dumb, dumb dumb.
What Else Is New says
1. The food at Captains is really quite awful and unhealthy.
2. It is well known the owner is a greedy, servile, egotistical excuse for a human who is completely disinterested in the community.
3. The Flagler County Commissioners are complicit within the scope of this sweetheart deal. they need to resign. Shame on the lot of you.
4. The third rate county attorney needs to retire. Shame on you too!
5. The park was purchased with Environmentally Sensitive Funds, The County is dead wrong in furthering its insensitivity to this lovely old park. Don’t plan any picnics in the park unless you walk or bike. Don’t bring the kids. With a hard liquor license, people will be lounging on the grass, on benches, everywhere in the park.
6. Don’t even think of mooring your boat at the landing. Charge will be prohibitive.
7. Please boycott this new restaurant. I’ve boycotted Captains for years and always by the best BBQ at the pink pig on US1 & 206.
James says
Might as well bring a bulldozer and asphalt trucks and asphalt all of Flagler County. It is illegal to have any trees or natural area in Flagler county I guess. Glad I am moving.
John Smith says
Mike Goodman, aka captains bbq, is not our local neighbor. He is from NY & was already VERY well off before he started raping our county park. He duped the county with his bid to run the “bait shop” as long as he was also allowed to offer “to go” sandwiches. It’s been a full blown restaurant from day one. The bait & tackle is akin to a tackle aisle in the Dollar General. My friend told me that when the county was still on amicable terms he would not allow them to close his business down to work on it, they had to work all night to fix the floors. He threatened to sue for loss of revenue if he had to close down, to the tune of 7000$ A DAY. Which brings me go my current question, how are we on the hook for loss of revenue if he’s making 7,000 a day and paying $750 a month? Can he show us his tax records? I also agree with Ben, this is a Craig Coffee boondoggle, not a Heidi Pettito one, she inherited this, and in my opinion is trying to do the best with a quagmire. Commissioners, we implore you, DO NOT vote this through. Go to trial & when any sane judge sees Mr. Goodman for the greedy person he is, the public will get our park, and our boat ramp back!!!
JimBob says
Even scumbags from NY can enforce a valid contract, homegrown judges notwithstanding.
Beachbum says
Will it be a jury trial? Why doesn’t the county counter sue for breach of contract in the first place, he broke by adding that huge back screen addition in affect making it a dine in restaurant, making any future negotiations null and void if he illegally changed his use of the lease? If all these facts come to light lets roll the dice and let em land where they may, worst case what happens ? if county loses, pay him a settlement, but let him prove this made up loss of revenue? If what this guy is saying is true I don’t have a calculator on me but 7k a day , I gotta feeling its more on the weekend, over the course of what 10 years, and his rent was 550, equals up to a crap ton of money! Let a judge/jury decide. I would venture to say Monday at that meeting take a vote from the public, they would almost unanimously say get him off the property no matter the cost, we want more pavilions, parking, picnic tables, and our boat ramp and docks back. Rent space to some food trucks in there like up there in marineland, that’s a cool low impact spot up there, and then the public could get some good food at a fair price, not over priced mediocre bbq, has anyone tried the jammician food truck in bunnell, for 16 bucks you will get a Mountain of delicious jerk chicken cooked cabbage, rice n beans, a cornbread type roll, and plantain! I bet he would love to park his truck there and look out at that beautiful park n water instead of traffic on 1, lol.
CELIA PUGLIESE says
I wholly agree with you John Smith! FCBOCC has to vote NO…
Erod says
The county commission has no choice, they will question, debate, drag a few county employees especially the ones no longer here through the mud and probably push it off till the new year but in the end they have no choice.
They have to vote YES, regardless of all the protests, letter writing and calls for action.
God only knows what other Flagler scandals are out there ?
dave says
Goodman lives in Island Estates, in the Hammock.
Beach bum says
Did anybody else notice it says he will have sole rights to food and bait and tackle in the entire park? So no food truck events, gotta hand it to this guy, when he puts the screws to the county, he dots the I’s n crosses his t’s
Julia LaRue says
I do not understand of all things in this lease, WHY would the County AGREE to letting Captains RUN the park? Why give him the right to say what can happen in our park! This is just one thing in this whole mess that sounds like it could have been left out of this lease. This whole problem belongs to The Flagler County Board of County Commissioners. The stewards of our county. The elected officials that should be not settling, but protecting our county assets as their own. Please Commissioners, ask the right questions, and do not accept what good common sense tells you is wrong.
CELIA PUGLIESE says
Blindspotting : Totally agree! Pettito and County Attorney should follow the current incumbents in 2024. Better the commission take this to trial as no way to take away our preservation lands for individual profit and with this cost in to taxpayers pockets! Something very wrong with this agreement…as is no a settlement at all as far is us the taxpayers!
marlee says
awe all need to go!
The Flagler County Commission has not approved the settlement. It was made aware of it in a closed session last week, but by law was not allowed to approve it behind closed doors, and delayed that decision until Nov. 20. It could still opt out of ratifying the agreement, but that appears unlikely at this point.
Jane Gentile-Youd says
The jackasses ‘negotiating’ this corrupt deal dont do their homework. They don’t know Public Notice requirements and they didn’t even bother to check with the Florida Department of Alcohol, Tobacco and Firearms that Captain’s no longer needs a minimum of 150 seats nor 2,500 square feet to get the full hard liquor license ( SFX) they are salivating for… The legislature this year changed the requirements and reduced the minimum seats to 120 from 150 and the minimum restaurant square footage from 2,500 to 2,000 but this outrageous deal is based on the old rules.
The Green Roof Inn seems to be the most appropriate place for all county staff and, any commissioners , who vote to approve the outrageous settlement.
jeffery c. seib says
This is a sad ending to a never-ending issue that’s been around forever. Another dumb mistake by county government adds to the list like the Bunnell hospital property resulting in big bucks totally wasted. Like our taxes are theirs and the developers’ monopoly money to waste as they see fit. Danko and Klufas, I don’t know. We can see the caliber of the elected officials just by looking at where their campaign funds come from. The politicians and the developers know that many, not most I hope, vote on the basis of ads. Too bad.
beachbum says
To every knee jerker on this forum, go back and read the whole story, flaglerlive has links listed right below the article. This is 100% a Craig Coffee boondoggle, he was famous for back room, last minute, try n slide it past deals. Yes Hiedi was the director of General services at the time, but that’s it, she had a boss = Craig, he ran the commissioner’s did shady ass stuff, like last minute vote to amend the lease. Heidi inherited this awful deal, she does things right, she does not try n sneak thinks past, she is doing the best possible job trying to clean up from decades of mismanagement, to down right corruption. She now has 5 bosses, let that sink in for a minute, all politicians, imagine trying to do that job?, so before you go spouting off for her resignation better think long n hard about what you might end up with. Now I don’t vote or get involved in any politics, (I have no faith in mans government), but it seems go me if y’all are unhappy with the terrible decisions that elected officials make in regards to growth, developers, bad deals, then stop voting for people with ties to real estate/ developers or a proven track record of underhanded deals. Yes this is a terrible one, I hope there is a rational reasonable way out of this, but before y’all stampede the meeting on Monday have your facts straight n put the blame where it belongs, I personally hope that maybe Mike and Chris will look at comments on here, look at the giant bag of money they’ve made off of being shrewd businessmen, and if they have a shred of decency, take small settlement to cover their legal fees, continue to cook mediocre bbq to feed tourists at the location its in, until it no longer becomes profitable, is it worth the fight, remember last time people picketed in front of the park? Look what happened to the owner of the taco shop in flager beach, he had delusions of grandeur and spent millions of his profit to build that fuego now tortugus restaurant, but he was smart enough to know it was more than he wanted to handle, so he sold it, went back to what made him successful a couple small taco shops, which btw do have good food.
Shark says
Who will pay to replace it when a hurricane wipes it out ????????????
Pam says
I’m not sure I understand how one person is entitled to so many benefits. It seems as though he knows someone who is willing to show him so much favoritism or the Commissioners seem to be intimidated by him. Who in their right mind would ever give a 20 year lease and let them make demands…like keeping out others such as food trucks. Ive never met the county lawyer, I’m assuming he’s an intelligent person, so surely if an ordinary person can see the negatives in this plan then so can he. My parents have lived here for 26 years. The bait shop has never been, what it claimed to be and I say this due to my own experiences. Nothing was done to help the gentlemen running the bait shop across the road from Bings. I know because I was at the meeting when they spoke. This unfair way of, this applies to you but not to them is rapidly becoming a way of life all over the world…So why not here in the little old Hammock. The Hammock is worth fighting for. Most people who live in the Hammock bought property here because of the low key life style that it provides. If we want more choices they’re just over the bridge or further south on A1A.
As far as what Bings use to be…yes there were people who lived in trailers, some of which were the kindest people a person could know. Were some of them druggies …maybe so, I don’t know but how well do you know all of your neighbors? Yes, there were untamed cats too but that wasn’t limited to bings or the Hammock… really?
Flagler Beach is out of control and due to poor decisions, they are trying to filter the problems this way. If the powers that be won’t stand up for the Hammock then it’s just a matter of time before we’re the next Panama City. If you haven’t lived here for many years, then I get it, you don’t understand why we value this little part of Florida Paradise so much.
Erod says
Where is the counties engineer in all of this ? It seems like Faith Alkhatib, been through all of this. I’m sure there are plenty of questions she could be asked about building at tax payer cost of the new “CATHEDRAL TO INCOMPETENCE ” feasibility on such environmentally sensitive land.
I wonder if she will be at the meeting tonight ?