County to consider two new proposals for Captain's BBQ at Bings Landing

The County Commission will make a decision on the fate of Captain's BBQ at Bings Landing on Monday, June 3.


Captain's proposal for its new location is shown at left. At right is the HCA's proposal ' although the HCA prefers that, if possible, the county repair the current restaurant so that a new one need not be built.
Captain's proposal for its new location is shown at left. At right is the HCA's proposal ' although the HCA prefers that, if possible, the county repair the current restaurant so that a new one need not be built.
  • Palm Coast Observer
  • News
  • Share

The Flagler County Commission is set to come to a decision Monday, June 3, on the future of Captain's BBQ at Bings Landing.

The restaurant, which has operated in a building within the county-owned park since 2012, has become a source of local controversy ever since the previous county government administration, under then-County Administrator Craig Coffey, placed a proposal for its relocation within the park on a County Commission meeting consent agenda.

That's the portion of the agenda that commissioners generally vote on as a package, without considering each individual item, because they're generally routine and uncontroversial.

But this one was controversial, all the more so because Captain's BBQ owners Mike Goodman and Chris Herrera had donated to the campaigns of County Commissioner Greg Hansen and then-Commissioner Nate McLaughlin.

The issue prompted a Nov. 19, 2018, FlaglerLive.com story with the headline "How Flagler County Is Readying to Upend Bing’s Landing Park to Benefit Private Restaurant–and Political Donors," followed by additional local press coverage and a series of protests by locals who opposed the changes.

THE HISTORY

The county administration, laying out the reasons for the relocation, stated that the building in which Captain's operates is falling apart and can't easily be repaired; it would need to be replaced. But Captain's has a lease with the county, and shutting down the restaurant for months' worth of reconstruction would have breached the lease and opened the county up to a lawsuit, in the county's interpretation. So, the county and the restaurant came to an agreement that the restaurant would build a new, larger building elsewhere in the park at the restaurant's expense, while continuing to operate out of the current building during the construction process. The county would add additional parking spaces. (Click HERE to see a letter from Captain's BBQ's owners explaining their reasons for seeking a new building.)

The County Commission voted 3-2 in favor of the proposed changes at Bings on McLaughlin's very last meeting as a commissioner, and over the objections of incoming Commissioner Joe Mullins, who had won McLaughlin's seat and had urged the commission to wait before making a decision. Commissioners Charlie Ericksen and Donald O'Brien were the two who voted against the proposed relocation.

The vote followed several dozen comments from community members, most opposed to the relocation. Opponents said the restaurant has already been getting a sweetheart deal on its rent — it pays $750 per month— at the expense of taxpayers, and that an expansion could change the character of Bings Landing and turn it into a parking lot for the private business. Many noted that the land had been bought with Environmentally Sensitive Lands funds. (The county has countered that that does not bar private businesses from using the space.)

The terms of the new lease approved by the commission let the restaurant expand from 4,157 square feet to 5,200, and from up to 100 seats to a maximum of 150 — the number required to ease the process of applying for a liquor license. (See more details of the deal HERE.)

Two weeks later, with Mullins seated on the commission, the board backtracked, voting 4-0 to reconsider its previous approval. 

For a while, it looked like the county may have a couple of options to resolve the problem: Option 1: The restaurant offered to build, at its own expense, a new building on a patch of reclaimed land that currently contains a pavilion. The building would be turned over to the county, but would be large enough to allow for an expansion to 150 seats. Option 2: The county would build a new building for Captain's, without an expansion to 150 seats, on the same patch of reclaimed land.

The county administration placed the matter on an agenda for the County Commission's May 6 meeting, but withdrew it when both proposals fell apart: Captain's told the county it would not agree to pay for sewer and water connections if it has to construct a new building, and it threatened to sue for loss of future business if the county displaces it.

Meanwhile, the Hammock Community Association, which had opposed the expansion but had been willing to consider Option 2, raised concerns about that site as a feasible relocation spot, in part because the Option 2 site contains a popular pavilion.

NEW OPTIONS

Now Bings is on the County Commission agenda for the commission's June 3 meeting, and the commission will discuss two new options — one presented by Captain's, the other by the Hammock Community Association.

They are, in brief, as follows (for details, see the county meeting documentation HERE):

Captain's BBQ's proposal:

  • Captain's would construct, at its own expense, a new restaurant building on the patch of reclaimed land, the southern peninsula, with "substantially the same footprint as the existing facility and outside uses," according to a May 28 letter to the county by Captain's attorney Jay Livingston. The proposal would mean eliminating the pavilion on that site.
  • Unlike the previous proposal, this one would not involve any expansion of the restaurant's septic system, or an extension to the Hammock Dunes Community Development District's sewer system. "Since this proposal is a significant compromise from what was approved in the 2018 site plan and amended and restated lease it should be considered Captains’ 'final offer' and not subject to further negotiation or compromise," Livingston's letter states.
  • The building would be up to 4,500 square feet, and outside uses would bring the overall footprint up to 5,200 square feet.
  • Rent would increase to $1,000 for the first five years in the news building, then increase by 3% annually for the remainder of the lease and any extensions.

The Hammock Community Association's proposal:

  • If possible, repair the existing building. The HCA wants an independent inspection conducted, and is offering to pay up to $4,000 for it. (See HCA President Joy Ellis' letter about the matter HERE.)
  • If the building can be made safe, the HCA proposes, the county should do that and maintain the building's safety through the end of Captain's BBQ's lease in 2026.
  • If the current building is irreparable, the county should build a new, unobtrusive building, with no new or expanded septic field or sewer connections, no expanded parking areas, a maximum of 80 seats (so that septic capacity for the caretaker's house in the park can be restored), no full bar or liquor license, and no change in the scope of the business. The building would be 2,500 square feet — smaller than Captain's current 4,157.
  • The new building would be in the current location of the current South Pavilion, and a new pavilion would be built closer to the water before the new restaurant building is constructed. 
  • The new building would be constructed so that it could be transformed into a community center, and it would become one when the current lease with Captain's BBQ ends in 2026
  • The HCA's recommended constraints would be written into the lease.

The County Commission will meet at 9 a.m. June 3 in the commission chambers at the Government Services Building at 1769 E. Moody Blvd.

 

 

Latest News

×

Your free article limit has been reached this month.
Subscribe now for unlimited digital access to our award-winning local news.