City Commission Regular Meeting

1 MINUTES City of Holmes Beach City Commission Regular Meeting June 11, 2024, 2:00 p.m. Patricia A. Geyer Commission Chambers 5801 Marina Drive, Holmes Beach FL 34217 Present: Commissioner Diggins, Commissioner Morton, Commissioner Soustek, Chair Schaefer Absent: Commissioner Kerchner Staff Present: Mayor Titsworth, City Attorney Augello, City Clerk Johnston, Director of Development Services Minor, Superintendent of Public Works/City Engineer Kamiya, Lieutenant Hall _____________________________________________________________________ 1. Call to Order; Welcome; Pledge of Allegiance; Moment of Silence Chair Schaefer called the meeting to order at 2:04 p.m. 2. Roll Call Chair Schaefer noted that Commissioner Kerchner was absent due to traveling to Normandy to celebrate the 80th Anniversary of D-Day. Commissioner Kerchner's father had served and was part of the invasion of Normandy. 3. Commission Comments and Ex-Parte Communication Commissioner Diggins Commissioner Diggins attended the June 10, 2024, Tourist Development Council (TDC) meeting held at The Center. Supt. of Public Works/City Engineer Kamiya requested TDC funding of $500,000 to complete an area at 65th Street and Marina Drive as part of the Complete Streets program. The funding request area had been left out of the Florida Department of Transportation (FDOT) study. During the request for TDC funding, Bradenton Area and Visitor's Bureau Executive Director Falcione suggested maybe TDC could include a Water Taxi stop in Holmes Beach into the funding request. Commissioner Diggins then confirmed he would help the County try and find a spot for a Water Taxi in the City and would help guide them to supply the appropriate Site Plan. The TDC members agreed and Commissioner Diggins plans to work with Bradenton Area and Visitor's Bureau Executive Director Falcione to find options. After that the TDC will move the City's $500,000 ask forward since a Water Taxi became a stipulation for their approval. Mayor Titsworth stated that she had been working with Bradenton Area and Visitor's Bureau Executive Director Falcione for four to six years and no Site Plan approval request had been brought forward for staff review. The TDC has been wanting a Water Taxi in Holmes Beach and had even accused the City of not wanting one in Holmes Beach. She noted Holmes Beach is the only City that does not have a Pier. Though TDC has acknowledged that, they are saying they will 2 provide funding if the City works with them on a Water Taxi which she felt may be a stall. She pointed out that the only appropriate location for a Water Taxi to dock would be at the Kingfish Boat Ramp. The County owns Kingfish Boat Ramp. It is designed as a boat ramp and not for a Water Taxi. Up to this point, if the County proposed docking a Water Taxi on a private parcel, then a Site Plan amendment will may need to be brought forward by the property owner for the City's review and consideration. A pre-Site Plan meeting will be required followed by a staff review and City Commission Site Plan approval. Mayor Titsworth stated that it should be the County's or property owners' responsibility to pursue Site Plan requirements. What the City could do would is move a Site Plan expeditiously through the process for its final consideration. She said she was also told if the TDC were to approve the City's request, it would not get approved by the Manatee County Commission. She pointed out there have been three tourist deaths because of the lack of safe infrastructure. To date, Holmes Beach has contributed approximately $40 million to the TDC fund. Chair Schaefer attended the League of Mayor's meeting with Mayor Titsworth on Friday, June 7th. The meeting was hosted by Mayor Titsworth and was held at The Doctors Office. Though no local Island Mayor's attended, City of Bradenton Mayor Brown was in attendance. The Water Taxi subject came up during the meeting, however, it was clarified that there was no obstruction on the City's behalf and the only suggestion would be the Kingfish Boat Ramp. Mayor Brown agreed that the Kingfish Boat Ramp, as currently configured, would not accommodate a Water Taxi. Commissioner Diggins stated that the TDC has come to the realization there needs to be a new pier somewhere. Chair Schaefer Chair Schaefer announced that the Environmental Protection Agency (EPA) has taken a stand on Per- and polyfluoroalkyl substances (PFAS) throughout the world. The City's water has been tested with the results published by the Clean Water Ad-Hoc Committee and what each person can do in their own homes. The EPA has given agencies five years to improve their filtration systems, their sewage systems, and improve upon the condition of drinking water. At an EPA questions and answers Zoom meeting held the previous week, the question came up whether the five years also affected bottled water. The EPA informed that it did not - only drinking water. The U.S. Food and Drug Administration (FDA) are taking up the bottled water issue. There have been Reverse Osmosis System test results. Chair Schaefer stated that the City will now wait to give the FDA time to come up with national standards within a five-year period to protect against the six most dangerous chemicals. Chair Schaefer stated that the City has agreed to limit the purchase of bottled drinking water and instead have installed drinking hydrants that have reverse osmosis water in it. Further information can be found on the City's website or forwarded to the public if requested. Note: This item was also discussed during the June 11, 2024, Work Session. 4. Mayor's Comments Mayor's Association Regional Meeting Mayor Titsworth hosted the Florida Mayor's Association Regional Meeting on Friday, June 7. She publicly thanked The Doctor's Office owner Sean Murphy for the breakfast and use of their Garden Room. 3 Chair Schaefer was also invited to attend as her guest. The other Island Mayors were invited but unable to attend. Mote Marine Grant Award Mayor Titsworth met with representatives from the Mote Marine Laboratory & Aquarium just prior to the meeting that day hoping for information on the Lyngbya algae. She noted Mote Marine Laboratory & Aquarium was recently awarded the Innovative Technology Grant, the same grant the City had applied for. They are currently testing Red Tide, Algae, and blue green algae. Mote Marine Laboratory & Aquarium has not yet received a grant for studying the Lyngbya algae but does want to partner with Holmes Beach to find a grant. In the meantime, the Mote Marine Laboratory & Aquarium is testing other products to kill the Lyngbya algae. Once killed they want to make sure the toxins are removed. Chair Schaefer would like the testing to begin in Holmes Beach, so grant opportunities are being sought. 5. Minutes 5.a Regular Meeting - May 28, 2024 Moved by Commissioner Soustek Seconded by Commissioner Diggins The minutes were approved as written. Motion Approved 6. Comments By The Public Nancy Deal, 203 56th Street, attended the June 10th TDC meeting. She stated that both Commissioner Diggins and Supt. of Public Works/City Engineer Kamiya made great presentations. Ms. Deal reported that that Bradenton Area and Visitor's Bureau Executive Director Falcione chaired the meeting. An additional $75,000 funding amount was approved for the ferry. Also approved was $3.6 - $3.7 million for construction of the Convention Center Hotel. She noted that Ed Chiles had said the Kingfish Boat Ramp would not work for a ferry unless there's some type of shelter. In addition, the dock must be a public dock because the ferry is publicly funded. Ms. Deal agreed the ferries will take cars off the roads but instead will be bringing in more pedestrians. Ms. Deal thanked Commissioner Diggins and Supt. of Public Works/City Engineer Kamiya for representing the City. 7. Unfinished Business 7.a Presentation - Mangroves Director of Development Services Minor introduced FDEP Environmental Administrator Hannah Westervelt. Environmental Administrator Westervelt presented a PowerPoint relating to Mangroves and information allowing a local government to apply for delegation and management of the Mangrove process. Her PowerPoint included the following information points: SW District FL Dept. of Environmental Protection  What is DEP.  Environmental Resource Permit (ERP) Program. 4  1996 Mangrove Trimming and Preservation Act (MTPA) - Legislative Intent.  Mangroves - 3 species.  Delegated Local Governments - Ability for local governments to apply for a Delegation & Management. Statutes outline all requirements. It is up to the local government whether to apply, create a program, and adopt their own rules - but cannot limit any of the Statutory exemptions.  Water Management Districts - Has some delegation.  Trimming vs. Alteration.  Professional Mangrove Trimmer (PMT) - Can grant the PMT status.  Exemptions - Activities that do not require being permitted through the department. Exempt trimming may only occur within a Riparian Mangrove Fringe (RMF).  Exemption - Homeowner - Always take photos before and after trimming.  Exemptions - PMT.  Stage Trimming.  Alteration Exemption - It was noted the most recent incident in Anna Maria involved an exemption allowing the mangroves to be cut. To change that requirement would require a legislative change.  General Permit - It was asked that if the City were granted delegation, would it be incumbent on the City for removal or does it go back to DEP. Administrator Westervelt responded,  General Permits - View GP - It was asked if the Statute requires everything to be removed. Environmental Administrator Westervelt explained that would be dependent on certain permit authorizations.  Multi-family residences.  General Permits - Navigation - Access of vessels would typically be determined as navigational.  General Permits - View & Navigation.  Individual Permits - If the project does not meet the previous criteria.  Developing a Trimming Plan.  Application Information.  Unauthorized Activities - Unauthorized trimming or unauthorized alteration.  Unauthorized Activities - Trimming debris.  Enforcement - with regards to violations - DEP has penalty guidelines. Matrix with different factors which gives a range of penalties. Also, will include other factors. If the City were to take over, the City would also manage the penalties.  Additional Resources. Environmental Administrator Westervelt stated that eight counties she handles receive a lot of complaints that require follow-up. She currently has a team of 14 for the Assurance 5 and Compliance section who will respond within 24 hours and have boots on the ground within ten days of the complaint. Explanation relating to the process for filing violations, etc. followed. She noted that if no agreement can be made between the parties, the case will end up in court. Explanation then followed on the process for obtaining an exemption. She further explained her agency must have authorization by the property owner to access a property. The Department will send a letter to the property owner to respond and schedule a time. If there is no response, a legal inspection warrant may be required which is then signed by a Judge. There is the option of inspecting a site from another property, but the preference is to be on the site itself for evidence purposes. Environmental Administrator Westervelt said she does not work with any cities that currently have a delegation. The ones she is aware of are Sarasota County and the City of Sanibel. However, a list of all delegations can be requested through a public records request. If the City of Holmes Beach were to be granted a delegation, all permitting, and compliance would be under the City's delegation. It was noted that exempt mangroves trimming may only occur with a Riparian Mangrove Fringe (RMF). A RMF is where mangroves growing along the shoreline do not extend more than 50 feet waterward. A RMF is measured from the most landward trunk to the most waterward trunk in a line perpendicular to the shoreline. cannot be trimmed unless they extend 50-ft. from the shoreline from the end of the mangroves. Those 50-ft. or less would be exempt. Chair Schaefer thanked Environmental Administrator Westervelt for her presentation. He explained that Director of Development Services Minor will provide the City Commission with a recommendation on whether the City should act on this type of delegation. Environmental Administrator Westervelt reminded that while the City could delegate their owns rules and exemptions if they were granted a delegation, they cannot become more stringent. The City would also have the option of adopting DEP rules. Chair Schaefer pointed out that each of the four cities (Anna Maria, Bradenton Beach, Holmes Beach, and Longboat Key) would have to apply for any delegation individually. However, having the same rules and protocols would be looked at as being more beneficial. 7.b Public Hearing - Second Reading - Ordinance 24-09 - School Zones City Attorney Augello read the Ordinance title stating the Ordinance is necessary to implement the contract per Statute. She confirmed that there had been no changes since First Reading. Commissioner Schaefer opened the Public Hearing. There being no Public Comment, Chair Schaefer closed the Public Hearing. Chair Schaefer reminded that there will be no cost to the City. Blue Line Solutions, LLC will provide all the equipment to include a license plate recognition system for monitoring speeds and issuing citations to the violators. They will also be responsible for collecting the citation fees. The primary benefit of the new system will be for safety improvement. The equipment will only be operating when the flashing speed zones are in operation at the Anna Maria Elementary School. The goal is to have the equipment operable before the beginning of the 2024-2025 school year. Moved by Commissioner Diggins Seconded by Commissioner Morton Ordinance 24-09 was approved for Second Reading and Adoption. 6 Motion Approved 8. New Business 8.a Three Planning Commission Appointments City Clerk Johnston announced there are three positions expiring on the Planning Commission July 1, 2024. The new three-year terms will be July 1, 2024 through July 1, 2027. The following candidates were in attendance. They introduced themselves and expressed their desire to serve and/or continue serving on the Planning Commission: Richard Brown, 111 Aqua Lane. Current Planning Commission full member. Joseph Ireland, 639 Key Royale Drive. Current Planning Commission Second Alternate. Cathy Sue Tobias, 612 Foxworth Lane. Ms. Tobias has been a Holmes Beach resident since 2012 and is interested in serving on the Planning Commission. Jim McIntire, 614 Emerald Lane. Currently a full member of the Planning Commission. Jim Harrison, Holmes Beach, currently serves as the first alternate on the Planning Commission. Though his term will not expire until July 1, 2026, he expressed his appreciation for being appointed to serve. Director of Development Services Minor stated that he serves as staff Liaison on the Planning Commission. He complimented the Planning Commission and noted the volume of work they had accomplished. Planning Commission Liaison City Commissioner Soustek and City Clerk Johnston both spoke very favorably about the current Planning Commission board and all that they have accomplished. Moved by Commissioner Soustek Seconded by Commissioner Morton Approved that the following be re-appointed to serve an additional three-year term on the Planning Commission expiring July 1, 2027:  Full Member Richard Brown  Full Member Jim McIntire  Second Alternate Joe Ireland Motion Approved 8.b Ratify Police Pension Board Appointment of Darcie Duncan as their fifth member for an additional two-year term expiring April 1, 2026 Lt. Hall confirmed that Darcie Duncan has served as a great member on the Police Pension Board for the past few years. Moved by Commissioner Diggins Seconded by Commissioner Morton Approved ratifying the Police Pension Board appointment of Darcie Duncan as their firth member for an additional two-year term expiring April 1, 2026. 7 Motion Approved 8.c Authorize the Mayor to execute a Second Amendment to the Agreement between Kern Construction, Inc. and the City of Holmes Beach in an amount not to exceed $28,136.83. Supt. of Public Works/City Engineer Kamiya explained that a new Trolley Shelter was damaged because of a recent car crash. Kern Construction has removed the damaged shelter and retained the parts that are salvageable. A second addendum to Kern Construction's existing contract has been prepared for the City Commission's consideration. The Trolley Shelter will be rebuilt, then billed to the violator's insurance for reimbursement. Moved by Commissioner Diggins Seconded by Commissioner Soustek Approved authorizing the Mayor to execute a Second Amendment to the Agreement between Kern Construction, Inc. and the City of Holmes Beach to replace the damaged Trolley Shelter in an amount not to exceed $28,136.83. Motion Approved 8.d Resolution 24-05 - Comprehensive Emergency Management Plan (CEMP) Chair Schaefer stated the CEMP is an excellent document. He noted that because of the City's good work in the past, there is only a $700 reimbursement amount remaining from the Federal Emergency Management Association (FEMA). The City pays upfront then submits the appropriate documentation to FEMA for reimbursement. Supt. of Public Works/City Engineer Kamiya provided brief details of what all the CEMP documents consisted of. They included the Comprehensive Emergency Management Plan, Continuity of Operations Plan (COOP), Disaster Debris Management Program (DDMP), CEMP Annex III - Hurricane Plan, and the Recovery Plan. The plan includes items that must be completed to be granted reimbursement from the State. He noted the document is a working document having information that can be updated as needed. He further noted when getting a reimbursement from FEMA it is technically defined as a Grant. The document is not only for hurricane events but will be applicable to all types of emergencies. Chief Tokajer serves as the City's Emergency Director and Supt. of Public Works/City Engineer Kamiya has been appointed as Emergency Deputy Director. Supt. of Public Works/City Engineer Kamiya explained that the Resolution needs to be adopted so it can be transmitted to the State. Because the City must include the County, a copy of the Resolution and document will also be provided to the County so there may be additional discussion after their review. Chair Schaefer read the Resolution title. Supt. of Public Works/City Engineer Kamiya announced that he just read an email stating that the City was approved for the remaining $700 Grant but had not yet received the funds yet. He further noted when there is an emergency in the State it will open funds to everyone in the State. The City had requested two Hazard Mitigation Grants during Hurricanes 8 Nicole and Ian 1) additional roadway Stormwater improvement and 2) upgrading the generator. It was noted that Mayor Titsworth was instrumental in updating the City's FEMA requirements and regulations. Mayor Titsworth agreed there has been a lot of staff time spent building up the Emergency Management Team and process. Moved by Commissioner Soustek Seconded by Commissioner Morton Approved Resolution 24-05 for adoption. Motion Approved 8.e Authorize the Mayor to execute an agreement between the City of Holmes Beach and Aquarius Systems for the Purchase of an Aquatic Plant Harvester in an amount not to exceed $307,970. Supt. of Public Works/City Engineer Kamiya explained all the processes followed for locating an Aquatic Plant Harvester over the past months. Three or four different manufactures were researched, and a full RFP was issued. Aquarius Systems submitted a bid during the RFP process which has proven to be the best equipment and best price for what the City wanted. However, their cost of $307,970 is more than what was expected and that was budgeted for. City Commission direction was requested since there was not enough budgeted funds for purchase of the Harvester. Supt. of Public Works/City Engineer Kamiya noted he and staff had just met with representatives from Mote Marine Laboratory & Aquarium and the vendor. There are several things that Mote Marine Laboratory & Aquarium is doing and/or pursuing. He referred to an article in the agenda materials. He pointed out that the Mote Marine Laboratory & Aquarium was granted $3 million and will be looking at improving water quality and an Aqua Stream Autobot. He felt the City Commission should keep that information in mind looking forward. He noted the City is also continuing to look for grants and that he had submitted for the next Bio-remediation Grant. Chair Schaefer said though not yet discussed, the City could request TDC funds. Lengthy discussion followed relating to the terms of the contract, the lack of budget to pay for the equipment, and the appropriate action to take to secure the equipment at the current cost. It was noted by City Attorney Augello that typically funds are already in place before approving the Mayor's execution of a contract. She said the RFP states the agreement is good for 180 days but felt a good attorney could challenge the terms if necessary. Mayor Titsworth noted one option is for a Budget Amendment to be considered by the City Commission. Another option would be to budget for the additional amount and ask Supt. of Public Works/City Engineer Kamiya to ask the vendor to begin building the equipment after October 1. She said thankfully the equipment was not needed this year. After discussion, the following action was taken: Moved by Commissioner Diggins Seconded by Commissioner Morton 9 Authorized the Mayor to execute the contract between the City of Holmes Beach and Aquarius System for the purchase of an Aquatic Plan Harvester upon receiving the necessary funding to fulfill the terms of the contract. Motion Approved 9. Announcements  Monday, June 10, 2024 - 12:00 p.m. thru Friday, June 14, 2024 - 12:00 p.m. - Mayor and City Commission Qualifying Period  Wednesday, June 12, 2024 - 9:00 a.m. - Clean Water Ad Hoc Committee Meeting  Tuesday, June 18, 2024 - 10:00 a.m. - Summer Turtle Talk  Wednesday, June 19, 2024 - Juneteenth Holiday - City Offices Closed  Tuesday, June 25, 2024 - 10:00 a.m. - Code Compliance Special Magistrate Hearings  Tuesday, June 25, 2024 - 12:00 p.m. - Summer Turtle Talk  Tuesday, June 25, 2024 - 2:00 p.m. - City Commission Regular Meeting w/Work Session to Follow  Wednesday, June 26, 2024 - 2:00 p.m. - Barrier Island Elected Officials (BIEO) Meeting - Anna Maria 10. Questions and Comments 10.a Questions and Comments from Mayor and City Commission Commissioner Soustek provided an explanation on what the Summer Turtle Talks entail. 10.b Questions and Comments from City Attorney Financial Disclosure Form 6 City Attorney Augello announced that on June 10, 2024, a preliminary injunction was granted relating to the Form 6 litigation. Details followed relating to the case. Due to the temporary injunction, it has been determined that any new candidate or filer required to file a Form 6 will not have to at this time and will be required to file the Form 1 instead. The online portal will be updated to reflect that change. Those already filing Form 6 will not have an opportunity to change it to Form 1 at this time. Mangrove Delegations City Attorney Augello informed that Jupiter Island and Sanibel are the communities who have received the Mangrove Delegation. Noting she had not considered the inspection warrant portion of taking over the delegation, she will reach out to Jupiter Island and Sanibel's City Attorneys for further information. Director of Development Services Minor stated that he had provided a legal opinion from Sanibel's City Attorney on his perspective as to how their delegation is working. Chair Schaefer asked that any further information be brought back to the City Commission for their consideration. 10.c Questions and Comments from Staff Director of Development Services Minor announced the following upcoming events: 10  Tuesday, June 18, 11:30 a.m. - Waste Pro Appreciation Day - Community event at the City Field pavilion. Pizza and drinks will be provided.  Saturday, June 29, 2024, 7:00 a.m. - Sea grass planting event at 77th Street Beach Access - Keep Manatee Beautiful.  Thursday, July 5 - 9:00 a.m. - The City is hosting a Beach Cleanup Day and will meet at the 52nd Street beach access. 10.d Questions and Comments from The Public and Press Planning Commission Chair Gale Tedhams, 308 A 67th Street, thanked the City Commission for reappointing the current Planning Commission members. She also thanked City Commissioner Soustek, Director of Development Services Minor, and City Clerk Johnston for their involvement with the Planning Commission. Ms. Tedhams congratulated all the members reappointed to serve an additional three- year term. 11. Adjournment Chair Schaefer adjourned the meeting at 4:31 p.m. _________________________ Stacey Johnston, MMC, City Clerk _________________________ Minutes Approved