- April 18, 2024
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Captain's BBQ — the restaurant run out of a county-owned building at Bings Landing park — sued the Flagler County government last year, claiming that the County Commission breached its contract with the restaurant by reneging on a new lease agreement the county approved with Captain’s the previous November.
"I think the more tools we have, the better off we'll be."
— CHARLIE ERICKSEN, county commissioner
The lawsuit is set to proceed to court starting in November, following the failure of a mediation process in which the county rejected a lease agreement proposed by the restaurant. But County Administrator Jerry Cameron told commissioners at an Oct. 19 commission meeting that his chief of staff, Heidi Petito, had hit on a possible resolution in conversation with Captain's BBQ co-owner Mike Goodman.
"It came up in that conversation that possibly this board would have been favorable had Captain’s done two things," he said. "Not put in preferential treatment with regard to the pavilion into the agreement, and ... that in the last lease period, that we could go to market rate."
The pavilion Cameron was referring to is the main picnic pavilion at Bings Landing. Captain's had wanted preferential access to it. County Commissioners didn't favor that, and also weren't pleased with the rate of the lease remaining below market rate.
Goodman had said he'd be willing to entertain those options if the county would put them in writing, Cameron said.
"If this board would like me to pursue that — to offer the original mediated agreement, taking the two things and modifying them to remove one and to put in 'market rate' on the other — their team says they would consider it, so administration awaits your pleasure on that," Cameron told commissioners.
Commissioner Greg Hansen said he might be amendable to that, but would need to know when market rate would cut in. Cameron said it would occur at the third five-year lease extension, and would escalate up to that.
Commission Chairman David Sullivan said there were other issues he'd need to review.
"It’s movement forward, but I think it needs to be looked at," he said.
"I agree with the chairman that there were a couple other things in there that bothered me," Hansen said. "Those two certainly stood out — the pavilion itself was a showstopper for me — but there a couple other items. ... I'd like to review it again."
Commissioner Donald O'Brien agreed.
"I would be open to talking about it, I just need to go back and get a handle on it," O'Brien said.
Sullivan asked what the next step is in the legal case. County Attorney Al Hadeed said that a court hearing has been scheduled for Nov. 12 on the county's motion to dismiss the restaurant's lawsuit.
Sullivan said he didn't see any reason not to let that proceed as planned. Cameron said that if Captain's would agree, it might be useful for the county to have that agreement for negotiation during the legal proceedings.
"I think the more tools we have, the better off we'll be," Commissioner Charlie Ericksen said.
The commissioners decided to hold a shade meeting — a meeting that will not be in the public, in order to discuss pending litigation — to discuss a possible resolution with the restaurant.
