City Commission Regular Meeting

1 MINUTES City of Holmes Beach City Commission Regular Meeting May 28, 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, Chief Tokajer, Director of Development Services Minor Also Present: Code Compliance Supervisor Thomas, Code Compliance Administrator Charron, Code Compliance Officer Brown, Code Compliance Officer Clayton, and Code Compliance Clerk Carter. _____________________________________________________________________ 1. Call to Order; Welcome; Pledge of Allegiance; Moment of Silence Chair Schaefer called the meeting to order at 2.00 p.m. 2. Roll Call 3. Commission Comments and Ex-Parte Communication Commissioner Diggins Commissioner Diggins announced he will be running again for City Commissioner in November and has sent an email to residents asking for their support. As part of the feedback he received, people feel they do not have the opportunity to speak as often as they should and should be allotted five minutes to speak during the Commission meetings. Chair Schaefer reminded there are two Public Comment sections during each meeting plus an opportunity to speak on each subject as it is discussed. Commissioner Morton On Monday, Memorial Day, Commissioner Morton went on a ride along with one of the Police Officers. He felt the City needs to have an appreciation day for the Police Department and the Code Enforcement Department for all the work they do. Commissioner Morton encouraged each City Commissioner to participate in a ride along with the Police. Commissioner Soustek Attended the May 22 Planning Commission Meeting, May 23 Sunshine, Records, and Ethics training, and the May 28th Special Magistrate Hearings. Report followed. 2 Chair Schaefer Noted he also attended the May 23 Sunshine, Records, and Ethics training and explained the purpose of the training to the public. Chair Schaefer announced that he met with Senator Boyd on May 18th relating to the parking garage and consolidation issue. He provided an update report to the City Commission and there was also an article in the Islander Newspaper. In his opinion, the meeting was helpful and beneficial. Chair Schaefer invited Senator Boyd to take a ride along with Mayor Titsworth and Chief Tokajer to review all the parking the City provides. Chair Schaefer stated years ago, the City was required to provide 500 parking places to meet the requirements for Beach Re-nourishment. Even more parking is now provided. The Mayor is willing to renegotiate the number of required spaces that qualifies them for beach re-nourishment funding. Senator Boyd plans to have meetings with the other Island Mayors. Chair Schaefer hopes to have an improved dialogue and will continue to work with Senator Boyd and Representative Robinson to settle the issues. 4. Mayor's Comments Mayor Titsworth announced that Public Works Supt./City Engineer Kamiya is still working with the company on the Harvester agreement and will bring it back once it's ready. 4.a Proclamation - Code Compliance Officers' Appreciation Week Mayor Titsworth read the Proclamation and presented it to Code Compliance Supervisor Thomas and his staff. City Attorney Augello stated that she began representing the Code Compliance prior to accepting the City Attorney position. She complimented the staff stating they are good at their job and a great team. Code Compliance Supervisor Thomas expressed his appreciation on behalf of his staff and thanked the Mayor, City Commission, and Director of Development Services for supporting their team. 5. Minutes 5.a Regular Meeting - May 14, 2024 Moved by Commissioner Diggins Seconded by Commissioner Morton The minutes were approved as written. Motion Approved 6. Comments By The Public Keith Thompson, 526 77th Street, said he was a representative of a 77th Street social group. He thanked the City Commission stating after the April 22nd meeting he met with Supt. of Public Works/City Engineer Kamiya who then addressed the entire group via email relating to their concerns about flooding and the sea level rising. The 50 - 60 homeowners were very happy with the information provided to them. In the past 12 months they have witnessed three separate episodes of flooding and want to be prepared. They are asking if there will there be an across- the-board height increase requirement for the seawalls because it was felt doing so would address their concerns. He suggested an incentive be put into place encouraging a homeowner to replace their seawall. 3 Mr. Thompson asked for additional information on what the City will be addressing. Director of Development Services Minor informed Mr. Thompson there is currently a study relating to seawalls. Mr. Thompson responded that he had heard something has been in the works for a decade. He stated the City has a nice surplus and the citizens pay a lot of taxes. He was concerned if flooding continues it will drive the home values down. Tom Potter, 25 Seaside Court, addressed the City Commission by playing his guitar and singing a parody to the song "Paved Paradise" putting up a parking lot. The lyrics referred to the proposed Parking Garage at the County Beach and State and County officials. 7. Unfinished Business 7.a Second Reading - Ordinance 24-07 - Business Tax Receipts (BTR) - 5% Increase City Attorney Augello read the Ordinance title. Chair Schaefer explained the purpose of the Ordinance then Opened the Public Hearing. There being no public comment, Chair Schaefer closed the Public Hearing. Moved by Commissioner Morton Seconded by Commissioner Diggins Ordinance 24-07 was approved for Second Reading and Adoption. Motion Approved 7.b Resolution 24-03 - Amending Master Fee Schedule Commissioner Soustek asked if a fee should be added relating to Mangroves in the event the City were take over the delegation from the State. City Attorney Augello explained that if the City were to take over the delegation, a fine would be established at the time. She said it will be interesting to see if the City proceeds and gets authority. And if so, what authority we would have and what that would entail. Chair Schaefer asked if the Business Tax Receipts (BTRs) could be rounded up so they would not all be an uneven amount. City Clerk Johnston explained that the Statute allows for a 5% increase every two years. Since each of the fee amounts are different, to round up the amounts would result in each of the BTR totals needing to be increased at a different percentage. Moved by Commissioner Diggins Seconded by Commissioner Soustek Resolution 24-03 was approved for adoption. Motion Approved 8. New Business 8.a Presentation - School Zone Camera System Regional Sales Manager David Bocchino addressed the City Commission as a representative of Blue Line Solutions, LLC, Chattanooga, TN. Mr. Bocchino provided specifics about the Automated Speed Enforcement System and presented a PowerPoint presentation that provided a program overview of the following: 4  Program Cost  Adoption Process  Speed Studies conducted by Blue Line Solutions, LLC., in Holmes Beach  Phased approach of implementing the program  Public Information and Education process  Examples of data showing there has been a 90% of greater mitigation and reduction in speeding vehicles in the Safety Zones across the country that utilized their Speed Enforcement System  Installation of Flasher Beacons  Yearly Reporting 8.b Authorize the Mayor to execute a Piggyback Agreement for Automated Speed Enforcement System between the City of Holmes Beach and Blue Line Solutions, LLC. City Attorney Augello explained that the Piggyback Agreement provided with the agenda materials was based on an agreement from Wythe County, Virginia. Hollywood, Florida, just executed an agreement so she will review that document and substitute it for the Virginia agreement. Hollywood's procurement code and practices are much more in line with the City of Holmes Beach and is also a more recent contract. The only difference will be the name and dates. Moved by Commissioner Diggins Seconded by Commissioner Morton Authorize the Mayor to execute a Hollywood, FL, Piggyback Agreement for an Automated Speed Enforcement System between the City of Holmes Beach and blue Line Solutions, LLC. Motion Approved 8.c First Reading - Ordinance 24-09 - Establishing Regulation of School Zone City Attorney Augello read the Ordinance title. She noted that the City does not have anything in place that established School Zone regulations and an Ordinance is required. Discussion followed relating to the required reporting, how the ticket money is distributed between the City, Blue Line Solutions, LLC., the State and the School, and how implementing the Blue Line program has seen a consistent 95% reduction in violations in other states. Mr. Bocchino noted that Blue Lines Solutions, LLC., also has other revenue avenues such as speed trailers, etc. One of their largest revenue streams is in Broward County. Chief Tokajer explained that the money for the hiring of the Cross Guards will come back to the City. The flashing School Zone lights will be turned on between 7:45 a.m. to 8:45 a.m. when school is in session. The speed detection program will only be running when the School Zone lighting is on. The City Commission recommended that information be provided to the public well in advance of the new program's implementation. 5 Chief Tokajer will let the City Commission know when everything is in place. Moved by Commissioner Soustek Seconded by Commissioner Morton Ordinance 24-09 was approved for First Reading. Motion Approved 9. Announcements  Tuesday, June 4, 2024 - 10:00 a.m. - Summer Turtle Talk - Holmes Beach  Wednesday, June 5, 2024 - 5:00 p.m. - Planning Commission Meeting  Monday, June 10, 2024 - 12:00 noon thru Friday, June 14, 2024 - 12:00 noon - Mayor and City Commission Qualifying Period  Monday - June 10, 2024 - 9:30 a.m. - Manatee County Tourist Development Council Meeting - The Center @ Anna Maria -(Commissioner Diggins to attend)  Tuesday, June 11, 2024 - 10:00 a.m. - Summer Turtle Talk - Holmes Beach  Tuesday, June 11, 2024 - City Commission Regular Meeting w/Work Session to follow - 2:00 p.m.  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 - Holmes Beach  Wednesday, June 19, 2024 - Juneteenth Holiday - 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 - Holmes Beach  Tuesday, June 25, 2024 - 2:00 p.m. - City Commission Regular Meeting w/Work Session to follow 10. Questions and Comments 10.a Questions and Comments from Mayor and City Commission Memorial Day Holiday Mayor Titsworth announced that the Memorial Day Holiday was a very busy weekend. Vehicles were backed up from 26th Street in Bradenton to the Island with vehicle navigation saying two hours. There were no noise complaints which indicate the Vacation Rental Certificate program is working well. Anna Maria Elementary Mayor Titsworth, Director of Development Services Minor, Chief Tokajer, Supt. of Public Works/City Engineer Kamiya, and Engineering Specialist Callela each participated in the First Annual Anna Maria Elementary Career Day. Mayor Titsworth announced that Katie Fradley has been selected as the new Anna Maria Elementary School Principal due to the retirement of Principal Mike Masiello. Mayor Titsworth has known Ms. Fradley for many years. Storm Mitigation Public Forum 6 Commissioner Diggins spoke with Supt. of Public Works/City Engineer Kamiya about holding a Public Forum relating to Storm Mitigation. A Public Forum will be scheduled soon. Crosswalks Commissioner Morton spoke relating to the speeding and crosswalks on Gulf Drive at the curve. He noted drivers are traveling 35 m.p.h. versus 25 m.p.h. where people are trying to cross the street. Chief Tokajer mentioned that a railing may be installed at that location and that the area is being looked at to be improved. He reminded that citizens wanting to cross the streets need to push the crosswalk button to alert the drivers. Visibility at Corners Commissioner Soustek spoke relating to the trees in the easement, areas where there are hedges, and the visibility is impaired. Chief Tokajer stated that Public Works has a list of locations where they are addressing the visibility triangles. In addition, if the Police Department sees something they let Public Works know. Director of Development Services Minor announced that trees in easements are handled on a case-by-case basis. The City's code addresses specific provisions and additional provisions are being added to the Land Development Code. Town Hall Meeting - Parking Garage and Consolidation Chair Schaefer noted that there had been previous discussion about scheduling a Town Hall Meeting relating to the Parking Garage and Consolidation issue. He recently met with Senator Boyd and Mayor Titsworth had met with Representative Robinson to address the two issues. Results of the meeting were provided to the local press. Chair Schaefer recommended that there be coordination with Barbara Ehrens for when the next rally will be scheduled and that a Town Hall Meeting be postponed at this time. Commissioner Soustek noted that Ms. Ehrens has collected petition signatures and is trying to get appointments with both Senator Boyd and Representative Robinson. City Attorney Augello cautioned that the City should not coordinate any type of Rally with anyone or with Ms. Ehrens. Any rally should not be a City-sponsored event and the Sunshine Law should be followed if another rally were to take place. Florida League of Cities and National League of Cities Meetings The 2024 Florida League of Cities annual conference will be held this year in Hollywood Florida - August 15 - 17, 2024. The National League of Cities meeting will be held in Orlando this year November 13 - 16, 2024. Any Commissioner wishing to attend should contact City Clerk Johnston so she can make the appropriate reservations. 10.b Questions and Comments from City Attorney City Attorney Augello announced that there has been no action taken on SB280. 10.c Questions and Comments from Staff Chief Tokajer reported that on Saturday and Sunday of the Memorial Day weekend the License Plate Recognition equipment reported there were 53,170 vehicles traveling westbound on Manatee Avenue and northbound on Gulf Drive. There was a total of 90,142 vehicles traveling in both directions. He noted that it took him two hours to get 7 from 63rd Street in Bradenton to the Island before 9 a.m. The roads were not congested and there was no problem getting through the traffic on the Island, the problem was on Manatee Avenue and the merging of the two lanes down to one onto the causeway. City Clerk Johnston announced that Deputy City Clerk Lowe attended the Florida Records Management Association (FRMA) Conference the prior week and Accounting Clerk Fischer was attending the Florida Association of Business Tax Officials (FABTO) conference that week. 10.c.a Mangrove Update Director of Development Services Minor has been working with the Island Cities and Town of Longboat Key relating to the Mangrove issue. Since his last update he attended a Barrier Island Elected Officials (BIEO) meeting held at the Town of Longboat Key to see a presentation on mangroves provided by Hannah Westervelt of the Florida Department of Environmental Protection (FDEP). He met with her prior to the meeting, and she has agreed to make the same presentation before the Holmes Beach City Commission at their June 11, 2024, meeting. After speaking to Ms. Westervelt, Director of Development Services Minor was asked to reach out to Sarasota County to see how they have managed their Mangrove delegation. He noted that Sarasota County has a 35-person Environmental Department and had also added an additional tech to manage the Mangrove permitting. If the City does take over the Mangrove delegation, enforcement will be handled through the Special Magistrate process. City Attorney Augello has recommended each City apply individually but that all Ordinances parrot each other. Director of Development Services Minor confirmed he had invited the other City's City Commissioners to attend the June 11, 2024, Commission Meeting where Ms. Westervelt makes her presentation. He then handed out information that the FDEP is looking for as far as delegation. City Attorney Augello confirmed that if the City were to take on the Mangrove delegation, the City would retain the payment of any fines issued since they would be responsible for enforcing the State Statute. She had watched a live stream of Ms. Westervelt's presentation and reminded the City Commission that the FDEP has the State Attorney General's Office and has several attorneys in the event they must go through the court system. Director of Development Services Minor asked Ms. Westervelt to report on how many Mangrove permits had been issued at the June 11 meeting. 10.d Questions and Comments from The Public and Press None. 11. Adjournment Chair Schaefer adjourned the meeting at 3:45 p.m. _________________________ Stacey Johnston, MMC, City Clerk 8 _________________________ Minutes Approved