Council appoints interim member, advances key projects

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(Note: Individual speakers will be limited to 3 minutes. At the discretion of the mayor, this 3 minute allowance may be adjusted depending on the level of business coming before the City Council)

Subaward Agreement 2024-R12 was executed on 2/6/2024. | attachments=2 | reports=1

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Announcements

On June 15, 2026, Jim Bagby submitted his resignation from City Council effective June 16, 2026. Pursuant to the City Charter, when less than one year remains in the unexpired term, or when less than one year remains before the next regular city election, the City Council shall, by a majority vote of its remaining members, appoint a successor to serve until a newly elected council member is duly qualified. | attachments=8 | reports=1

The Florida League of Cities Annual Conference will be held at the Diplomat Beach Resort in Hollywood, Florida, from August 13-15, 2026. This conference will provide valuable educational opportunities to help Florida’s municipal officials serve their citizenry more effectively. FLC is asking that each member municipality who is sending delegates to the Annual Conference designate one of their officials to cast their votes at the Annual Business Session, which will be held on Saturday, August 15 . Voting delegate forms must be received by the League no later than July 31, 2026 . | attachments=1 | reports=1

The following are recent updates relating to the state-owned Park Property in Holiday Isle (City of Destin). 1. County-Wide Survey Results On March 26, 2026, the City received results from a COUNTY-WIDE SURVEY that asked randomly-selected County residents what they prefer to see as the public use of the newly acquired land purchased by the State of Florida for a park in Holiday Isle ("Park" or "Park Property"). An outside firm, Cherry Communications (Tallahassee), was utilized by the City for their expertise in conducting phone surveys. This new information will be discussed at tonight's Council meeting of April 7, 2026. In sum, the survey showed that nearly 88% of County residents desire for the Park Property to remain natural or with minimal amenities, that over 75% of County residents oppose commercial marina use, and that only 2% of the County supports a marina rental model. The margin of error for survey results is approximately 4.9%. Cherry Communications 207 W. Park Ave., Ste. A Tallahassee, FL 32301 cherrycom.com 2. Adoption of City Council Resolution 2026-05 on March 16, 2026, Requesting City Management of Park and Committing Up to Five Million Dollars. On March 16, 2026, the City Council approved Resolution 2026-05, which is attached to this agenda item as additional background . Resolution 2026-05 respectfully requests that the State of Florida authorize the City of Destin to serve as the Lessee and local managing entity for the Park Property. In the resolution, the City affirms its commitment to managing the Park in a manner that emphasizes environmental stewardship, conservation, passive recreation, and compatibility with surrounding residential and conservation areas. Further, the Resolution provides that the City of Destin is prepared to invest municipal resources into the stewardship and improvement of the Park Property and is willing to commit funding for the redevelopment, restoration, and enhancement of the Park in an amount not to exceed Five Million Dollars ($5,000,000.00) in order to support environmentally sensitive improvements, passive recreational amenities, and long-term conservation management consistent with the character of the surrounding community. The resolution has been forwarded to County and State representatives as directed by the City Council. It is expected that the City Council's resolution will be considered first at the April 7th BCC meeting, and again on April 21st along with any concept plans approved tonight by the Destin City Council, and a Council decision on free park parking for all County residents, as further explained in the Discussion section of this Staff Report. 3. Zoning/Land Use/Development Order Background Information The following background information is provided for public knowledge (and has been previously provided): As discussed at prior meetings both at the City and County level, the current land use entitlements for the State Park property adjacent to the City's Norriego Point Park prohibit all nonresidential uses. Since it appears a condo will not be built on the property, given that the State's purchase was described as for "conservation," the entitlements of the property should be updated so that the property may be maintained for non-residential purposes. This process would include: 1. Amendment to the City's Comprehensive Plan (Future Land Use Designation on the Property) 2. Rezoning of the Property, and 3. Amendment to the existing Development Order. All three of these referenced land use applications would require City Council approvals and public hearings with the public invited to participate, which would occur generally as follows: Public Hearing One: Future Land Use Map (FLUM) amendment at Land Planning Agency (LPA) meeting Public Hearing Two: Rezoning at LPA meeting (Public hearings 1 and 2 would likely be done at the same LPA meeting) Public Hearing Three: FLUM amendment at City Council meeting (first reading of FLUM ordinance) Public Hearing Four: Rezoning at City Council meeting (first reading of zoning ordinance) (Public hearings 3 and 4 would likely be done at the same City Council meeting) Public Hearing Five: FLUM amendment at City Council meeting (second reading of FLUM ordinance) Public Hearing Six: Rezoning at City Council meeting (second reading of zoning ordinance) (Public hearings 5 and 6 would likely be done at the same City Council meeting) Notably, as has been discussed, the docks are legally classified as a residential use tied to a condominium that was never constructed. Without amendment to the Development Order, the docks cannot lawfully be used independently. In order to comply with existing codes, the docks would need to be removed or a Major Amendment to Development Order 21-23 would be required, with an additional public hearing before the City Council. Note that Development Order 21-23 prohibits all nonresidential uses of the docks, including but not limited to slip rentals, commercial uses, or any uses that involve boat traffic at a frequency or intensity not typical of a residential area. The Comprehensive Plan states, in relevant part that: OBJECTIVE 1-2.8: CONSERVATION LAND USE DESIGNATION. The FLUM (Map 1-1), shall identify lands that are environmentally fragile for long-term preservation by designating them as "CON." Environmentally fragile lands shall be referred to as conservation resources, which are defined in Rule 9J-5.003(30), Florida Administrative Code. The protection and preservation of conservation resources shall be achieved through the implementation of the following Policies. Policy 1-2.8.1: Conservation (CON). The FLUM shall designate lands that are natural and coastal resources as "CON." It is the intent of the "CON" land use designation to provide for the long-term protection and preservation of environmentally sensitive natural resource systems. The LDC shall be amended to ensure no development is permitted within "CON" designated areas, other than beach accessways, such as dune walkovers, parking, docks, restroom facilities, and passive recreation. The City’s Land Development Code is consistent with the Comprehensive Plan, pursuant to State Law. Importantly: Norriego Point Park, which is adjacent to the newly acquired State Park, contains the Conservation (CON) future land use designation and zoning. The Conservation district is highly restrictive and intended for environmental preservation. Marinas are not permitted in either the Conservation (CON) Future Land Use Designation and Zoning District. Under the City’s Land Development Code (Section 7.12.06(BB) and Table 7-2), development within CONSERVATION (CON) is limited to beach accessways such as dune walkovers, parking areas, docks, restroom facilities (up to one story), and passive recreation. Norriego Point currently holds a Future Land Use Designation and Zoning of Conservation, and this zoning would maintain consistency between the State and City Park. Finally, please note that if the future land use and zoning for this Property are changed, any proposed use would still need to be consistent with all additional applicable provisions of the Comp Plan and LDC, State and federal permitting requirements, any applicable easements, and any required development order amendments. Pursuant to Council directives, the City Manager and City Attorney have contacted appropriate County and State representatives. As of the date of this agenda item, the Property is owned by the State of Florida, and there is no known entity with a leasehold interest or approved management plan for the Property. 4. April 21st BCC Meeting in Response to City Resolution 2026-05: On April 21, 2026, the Okaloosa County Commissioners discussed City Resolution 2026-05 and noted the City's concept plan. Several members of the Destin City Council, the City Manager, City Attorney, and several residents spoke during the BCC meeting in support of City Council Resolution 2026-05 and in support of the City of Destin obtaining the Lease and management of the Park Property. From the City's perspective, the discussion reflected both support and hesitation among County leadership. Commissioners Sherri Cox and Carolyn Ketchel each expressed clear support for the City's request to lease the Park from the State and to assume management of the Park Property. Their statements aligned with the City's position that local stewardship would best serve residents and the long-term interests of the Park. However, Commissioner Paul Mixon introduced a motion directing the Okaloosa County Board of County Commissioners to send Commissioner Drew Palmer to meet with State officials, alongside a City representative, to further clarify the State's objectives regarding the Park. This motion was made despite the City's formal request - and despite the support voiced by multiple residents - for the City to move forward with leasing and managing the property. Commissioner Paul Mixon, Commissioner Drew Palmer, and Chairman Trey Goodwin voted in support of Commissioner Mixon's motion, with Commissioner Sherri Cox and Commissioner Carolyn Ketchel dissenting. The final vote was thus 3-2. Council Member Destin and Commissioner Palmer were scheduled to attend such a meeting on April 30th. However, it was decided that the meeting will be rescheduled to a date between May 12 and 15th. As of the time/date of this staff report on the morning of May 28, 2026, the meeting has not been rescheduled. 5. Resolution Protection Shorebirds and Staff Recommendation for Conservation FLUM and Zoning; Additional May 2026 Updates A. RESOLUTION 2026-13 FOR SHOREBIRD PROTECTION AND FURTHER DATA AND ANALYSIS FOR CONSERVATION FUTURE LAND USE AND ZONING: On May 4, 2026, the Florida Fish and Wildlife Commission (FWC) informed the City that the 4 acre state-acquired site is an important bird nesting area and that Audubon Florida would survey and post signage to protect nesting birds and discourage public access to sensitive areas. The following day, Audubon surveyed the site and posted signage to protect these imperiled birds, particularly the least terns. As previously recognized by the City Council, the Norriego Point area was formerly a bird sanctuary and has long provided important habitat for shorebirds, including the imperiled least tern. With its unique location, dunes, and conservation status, Norriego Point provides critical nesting, resting and foraging habitat for migratory and resident bird species, including species protected under State and Federal law. On May 18,2026, the City Council passed and adopted Resolution 2026-13, which sets forth legislative findings supporting protection of shorebirds and their habitat at Norriego Point, including the newly acquired 3.99 acre state-owned parcel. The Resolution formally expresses the City Council's support for protecting imperiled shorebird habitat and sensitive nesting areas at and around the City's Norriego Point Park and adjacent state-owned property. Further, the Resolution provides that the City supports the efforts of the Florida Fish and Wildlife Commission and Audubon Florida to protect shorebirds, promote conservation practices, and educate the public on habitat protection and stewardship. Audubon Florida made a presentation to the City Council on May 18th, in efforts to protect shorebirds on and around Norriego Point and the state lands. The Future Land Use and Zoning of the state-acquired lands remain critical considerations . Long term protection of imperiled shorebirds is best supported through minimal development and conservation land use ane zoning designations, as previously discussed by the City Council for the state-owned parcel. These conservation designations would also be consistent with the City's adjacent Norriego Point Park, which is designated and zoned for conservation. In the event that the State (1) desires the property for use as a public park and (2) does not endeavor to use the property for residential purposes, it would be appropriate for the City to consider changing the current residential Future Land Use and Zoning designations on the state-acquired property to City Conservation. City Staff continues to strongly recommend that the State of Florida and City Council support a Conservation Future Land Use and Zoning for the property. It is further again noted that the docking facilities on site do not have a certificate of completion and are currently approved for residential purposes only . Any nonresidential use of the docks is explicitly prohibited in the approved development order for construction of the docks. Under the conservation future land use and zoning designations, the docking facilities could be used as a fishing pier and/or public, transient slips available on a first-come, first serve basis but could not be used for overnight slip rentals and/or a marina (provided the City Council also amends the existing development order to allow such nonresidential purposes). B. STATE/CITY/COUNTY DISCUSSION STATUS: Council Member Destin and Commissioner Palmer were scheduled to attend a meeting with representatives of the State on April 30th. However, it was later decided that the meeting would be rescheduled to a date between May 12 and 15th. As of the time/date of this staff report on the morning of May 28, 2026, the meeting has not been rescheduled. 6. OBJECTION TO COUNTY COMMISSIONER DREW PALMER'S REQUEST FOR ATTORNEY GENERAL OPINION Members of the City Council, the Mayor, City Manager, City Attorney, and residents attended the Board of County Commissioners meeting held on Tuesday, May 19, 2026 at 8:30. The Mayor formally requested the County support protection of the shorebirds but the County took no action on the request. Instead, near the very conclusion of the BCC meeting during his Commissioner reports, (AFTER all opportunities for public input and without inclusion on the County's agenda) Commissioner Palmer mentioned he had submitted a request for a legal opinion to the office of James Uthmeier, the Attorney General of the State of Florida. Notwithstanding the BCC's prior motion that the City and County approach the State together relating to the State Park Property in the City of Destin, the City was not informed of the County's request for legal opinion prior to it being sent out on Friday, May 15th, nor was any input solicited from the City prior to the County's submission of the request to the State Attorney General. Notably, no copy of the request for opinion was in the May 19th BCC agenda (or any other prior BCC agenda), it is believed that no copies were on the BCC dais for other Board members, and none were provided to the City or residents prior to the meeting. In fact, the sole reason the City received a copy of the Commissioner’s request was due to the City’s immediate public records request. A copy of this Request for Legal Opinion is attached to this agenda item. Notably, the Request for Legal Opinion does not include a separate memorandum stating the County's position on the matter, as is typically required to be submitted for such opinion requests. Further, in the opinion of the City Attorney, the County's request for opinion reflects a matter in dispute between governmental entities. Therefore, it was inappropriately submitted to the AGO, which does not opine on intergovernmental disputes. In summary, the request for legal opinion generally asked the Attorney General (a member of the Cabinet that approved the land acquisition in the first place), whether and to what extent the City's rules and regulations for zoning, permitting and land use entitlements apply, whether the HIIA's restrictions and covenants apply, and whether and to what extent the County would be required to collaborate with the City of Destin (see attached for further details). It appears that the County representatives involved in this request for opinion are searching for an answer other than what the County was already told, in writing, by DEP: i.e., that the County must adhere to City land use, zoning and permitting rules and regulations. Accordingly, the City Attorney submitted the attached correspondence to the County Attorney on behalf of the City Council, calling upon Commissioner Palmer to immediately withdraw the request for a legal opinion for the following reasons: 1. The most current Okaloosa County BCC Motion relating to the subject property authorized Commissioner Palmer to approach state representatives alongside a representative from the City of Destin. However, the City had absolutely no input in formulating the attached request. This request represents a clear departure from what was agreed upon during the County meeting, where it was understood that the commissioner and a council member would approach the state together. Commissioner Palmer had no authority to submit this letter independently, in place of the agreed joint effort and without any input from the City of Destin. 2. The Attorney General does not have the authority to address the questions posed for several reasons. First, the Attorney General’s Office is not the appropriate venue for resolving intergovernmental disputes. If the County’s position is to dispute, question, or otherwise challenge the City’s land use and permitting authority with respect to the subject property, then a clear dispute exists between the parties. Second, the Attorney General’s office cannot issue a legal opinion regarding a legislative action taken by a board or Cabinet on which the Attorney General serves as a member. 3. The Florida Department of Environmental Protection (“FDEP”) has already informed Okaloosa County in writing that it must adhere to City zoning and permitting requirements with respect to the subject property. The City possesses copies of this correspondence, which were previously provided to the County. The County was reminded that the City’s Comprehensive Plan and land development regulations are not arbitrary constraints; they reflect deliberate planning, extensive public input, and long-term policy determinations adopted in the public interest. Further, adequate due process requires that the public be afforded meaningful opportunities for participation in relevant local venues of public engagement. The City Manager and City Attorney recommend that the City Council reiterate its position for the public record that it will not support, endorse, or acquiesce to any effort that seeks to unilaterally circumvent, undermine or fail to acknowledge the City’s established land use and permitting authority. This reflects the Council's commitment to protecting its lawful regulatory role, ensuring transparency and accountability in the development process, and upholding the standards and procedures adopted for the benefit of the community and the orderly governance of municipal affairs. While the County Attorney submitted a response by email to the City Attorney's May 20, 2026 correspondence, (City/County elected officials were copied), neither the County Attorney, County Administrator, or any other representative of the County has responded to subsequent requests from the City for information as to why the City was left out of the drafting of any request for legal opinion to any entity, including the State Attorney General. This failure to include the City is concerning for multiple reasons, given the City's vital interests in the area, including but not limited to the City's ownership of the adjacent right of way, parking area, and 14 acre City Norriego Point Park, the City's representation of the residents and local public, and the City's regulatory authorities and jurisdiction within its municipal boundaries. One final note: As you know, the County sold and deeded Norriego Point to the City in 2010, with conditions attached. The City adheres to all conditions and operates the property as a public conservation park (the summary of the conditions is that the property be used by the public for park/recreational purposes, no commercial concession contracts, etc). Interestingly, it has recently been determined by virtue of public records requests that on December 12, 2025 (two days after the State's closing on the 4 acre parcel), the County Attorney sent an email with subject line "Norriego Point conveyance to Destin" to Commissioner Mixon, County Administrator John Hofstad, and Deputy County Administrator Craig Coffey, laying out information on the conditions set forth in the deed. The County Attorney also indicated in her email that failure to adhere to such conditions would result in forfeiture of the City-owned property back to the County. The timing and substance of the email is noted, and no commissioner other than Commissioner Mixon is copied to the email. | attachments=4 | reports=1

Council Member Prebble Ramswell was duly elected to serve on the City Council in 2014, and was duly re-elected for a second term commencing in 2018. | attachments=4 | reports=1

June 15, 2026 Councilmember Bagby made a motion, seconded by Councilmember Trammell, to authorize staff to issue an RFP for Insurance Agent-Broker of Record services for employee benefits and return to Council with a recommendation for contract award, passed 7-0. RFP 26-04-HR was advertised on June 16, 2026. | attachments=8 | reports=1

The city has a large amount of stormwater information, which is located across several areas and several different digital programs. Because of this, retrieval of needed information for maintenance or high-level design concepts can be cumbersome to find. Staff recommends that this information should be placed in one accessible digital format as a living document. This effort is to create and populate a single citywide GIS database for all existing stormwater infrastructure in an updatable digital document to accommodate future expansions of the stormwater system. | attachments=3 | reports=1

A CRA Board meeting is scheduled for July 20, 2026 at 5:30 PM. | reports=1

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On April 5, 2021, the City Council unanimously approved the scope of work and budget to rewrite the Land Development Code (LDC). Since then, Staff has advanced the project through comprehensive review, public comment, and drafting. Major activities have included: Review of Comprehensive Plan policies Developing Planning Areas and their associated Intent Statements Review of the LDC text, article by article Public workshops with City Council, the Local Planning Agency (LPA), and other advisory boards/committees A draft of Article 7 was presented to the City Council at its workshop on October 28, 2024, and their comments have been incorporated into the proposed Ordinance, along with public comments and recommendations from the LPA. | attachments=7 | reports=1