City Commission Regular Meeting

1 MINUTES City of Holmes Beach City Commission Regular Meeting June 25, 2024, 2:00 p.m. Patricia A. Geyer Commission Chambers 5801 Marina Drive, Holmes Beach FL 34217 Present: Commissioner Diggins, Commissioner Kerchner, Commissioner Morton, Commissioner Soustek, Chair Schaefer Staff Present: City Attorney Augello, Deputy City Clerk Lowe, Chief Tokajer, Director of Development Services Minor, Building Official Schwartz, Superintendent of Public Works/City Engineer Kamiya Staff Absent: Mayor Titsworth _____________________________________________________________________ 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 Kerchner On June 18th, Commissioner Kerchner spoke to Bradenton Area Convention & Visitors Bureau Executive Director Falcione regarding his opinion on the possible location for a water taxi stop. He favors the County using the Kingfish Boat Ramp to build a dock for an embark/disembark area. However, that would require a substantial amount of improvements. He expressed concern over the safety of the water taxi and noted that in Baltimore, there was an incident in which a ferry turned over, and several passengers lost their lives. Commissioner Morton He attended the City sponsored Waste Pro Appreciation Day and thanked them for their hard work. He noted that he recently had a ride-along with Waste Pro and saw the community’s support. He reminded the residents that sometimes homes are missed, but the staff at Waste Pro do their best to rectify any mistakes. Commissioner Soustek She attended the Waste Pro Appreciation Day and thanked them for their service to the community. She also attended the Special Magistrate Hearing, and a report followed. Chair Schaefer Water Taxi 2 Regarding the ferry location, Chair Schaefer stated that the City is more than willing to review any site plan submitted by the County. However, it is incumbent upon them to provide it like anyone else wishing to build something within the City. City Attorney Augello addressed the water taxi issue that was recently in the local newspapers. If a ferry stop is to come into the City, it will need to go through the site plan review process, and that application will eventually come before the City Commission in the form of a Quasi-Judicial hearing. She acknowledged that the comments made by the City Commission during the meeting and in the newspaper are the City Commissioners’ individual opinions and do not reflect the opinion of the City Commission as a whole. Any application that comes in front of the City Commission requires a majority to approve. Until something is submitted, she advised the City Commission to stay out of it but maintain a record of who they talked to, as it may need to be disclosed as part of the ex-parte communications. Discussion ensued regarding the location of the water taxi stop, the role of the City Commission Liaison, making the water taxi a reliable solution to address the traffic issue, and the City’s continued cooperation with the County. Audit Chair Schaefer noted that the audit is complete, and the auditors will attend the July 9th meeting. City Treasurer Dunham-Tozer will provide the audit and the past nine months of financials through June 30, 2024. He stated the importance of the audit as the City prepares to set the budget for the next fiscal year. Several City Commissioners requested the budget documents to be prepared with a larger font. 4. Mayor's Comments None. 5. Minutes 5.a Regular Meeting - June 11, 2024 Commissioner Diggins requested the word “may” be added to read “may need to be a pier” on page 5 of 26. Commissioner Kerchner asked for clarification on actions taken in the June 11, 2024, Regular Meeting due to his absence. Approve minutes as amended. Moved by Commissioner Soustek Seconded by Commissioner Morton Motion Approved 5.b Work Session - June 11, 2024 Commissioner Kerchner asked for clarification on the Charter Review Committee in reference to the minutes. He asked what it would take to have a Charter Review before 2029. City Attorney Augello reminded that the City Commission has the authority to make any Charter changes through the referendum process. Commissioner Schaefer noted in section 5.c - EPA needs to be changed to FDA. 3 Approve minutes as amended. Moved by Commissioner Diggins Seconded by Commissioner Kerchner Motion Approved 6. Comments By The Public Carol Whitmore, 8324 Marina Dr, congratulated Commissioner Morton on his recovery and recognized Public Works Superintendent/City Engineer Kamiya for all the work he has accomplished. Regarding the ferry, she believes it should be a private endeavor, not a public one. However, she feels that Bradenton Area Convention & Visitors Bureau Executive Director Falcione wants the City to buy into the ferry in the form of a Resolution supporting the ferry. They indicated in the Tourist Development Council meeting that the City will not receive the requested funding without the City's support of the ferry. She also stressed the importance of the City Commissioners keeping a record of their ex-parte communications to protect themselves. 7. Unfinished Business 7.a Public Hearing - 2nd Reading - Ordinance 24-08 - Pools Chair Schaefer opened the public. Hearing no comments, Chair Schaefer closed the Public Hearing. Director of Development Services Minor stated that the Planning Commission approved and recommended the City Commission adopt the Ordinance. Staff also recommended that the Ordinance be approved. He gave an overview of the changes made in previous meetings. Chair Schaefer noted this is the two-year anniversary of the Surfside Condominium collapse tragedy and asked Building Official Schwartz if he found any concerns within the City. Building Official Schwartz noted he did find two properties that needed correction. One property had to have its structural piers replaced, and the other started as a $600,000 cosmetic renovation and turned into a $3-million repair. Moved by Commissioner Diggins Seconded by Commissioner Soustek Ordinance 24-08 was approved for Second Reading and Adoption. Motion Approved 8. New Business 8.a Legislative Update Lobbyist Andrew Kalel, Sunrise Consulting, provided an update on the Legislative Session that ended on March 8, 2024:  The state budget was $117.46 billion, $49.4 billion from the General Revenue Fund, and a total reserve of $10 billion. Live Local Programs, the Department of Transportation Work Program, and Environmental Improvements Programs received the bulk of the budget.  Almost 2,000 bills were filed, 16.6% of the bills were passed. 4  There was some significant Legislation, including Health Care & Social Media – specifically minors access to social media.  Bradenton Beach received $625,000 for Seagrass protection and boat ramp construction.  The City of Anna Maria had both projects vetoed: Multi-use path expansion and a public comfort station.  The City of Bradenton had two projects vetoed: Wastewater improvements and a roundabout project. Lobbyist Kalel gave an overview of the following bills:  HB 1365 – Unauthorized Public Camping and Public Sleeping o The City can designate an area where people experiencing homelessness are allowed to camp overnight. If desired, a Department of Children and Families (DCF) certification is needed to implement the program.  SB 1328 – Local Government Actions  SB 328 – Affordable Housing o Clarifies density, height, and floor area ratio. Changes in the Land Development Code are exempt.  HB 267 – Requires local governments to act on a complete and sufficient permit application within shortened time frames.  SB 280 – Vacation Rentals o This bill allows for Local government registration and preempts the Department of Business & Professional Regulation (DBPR). It is on the Governor’s desk.  HB 479 – Alternative Mobility Funding Systems o Impact Fees  SB 770 – Property Assessed Clean Energy (PACE) Programs o Expanded PACE to include wastewater improvements.  HB 473 – Cybersecurity Incident Liability o Liability protections for Local Governments in the event of cybersecurity incidents.  Homestead Exemptions – HB 7019 & HJR 7017  HB 151 – Florida Retirement System o Adjusts employee and employer contributions. Cost of Living Allowance was denied.  HB 149 – Continuing Contracts  HB 7073 – Taxation o Includes more items in the sales tax holidays 5  HB 1557 – Department of Environmental Protection o Broadens types of projects eligible for Resilient Florida Grants Bills that were not successful:  Sovereign Immunity  Repeal of local business taxes under Chapter 205  Government Accountability  County Commission Term Limits Discussion began regarding priorities for the following legislative session, change in leadership, and Form 6. Lobbyist Kalel noted that as the state leadership changes, the priorities change. As sponsors of bills get higher leadership positions, they try to push their bills along. However, there is only so much legislative bandwidth. He noted that the Governor has two more years in office, and he has a strong veto list and a strong set of priorities, and he anticipates that will continue. Chair Schaefer advised Lobbyist Kalel that the City Commission will soon be discussing legislative priorities; they will contact him to find a meaningful approach, as he feels their previous legislative priorities have fallen on deaf ears. He also invited Lobbyist Kalel to schedule a meeting with Chief Tokajer to get a tour of the City and all available parking. Discussion began on beach parking, possible parking solutions, and the previous request-for-bid (RFP) the City previously advertised. Chair Shaefer asked Deputy City Clerk Lowe to send the parking proposal received during the RFP process to Lobbyist Kalel. 8.b Quarterly CIE Update Superintendent of Public Works/City Engineer Kamiya gave an update on the Capital Improvement Program and Public Works projects.  FEMA Hurricane Reimbursements - The City has received $342,475.90 from Hurricane Ian & Idalia. o FEMA Consultant Devlin, Summit Group Consulting, is continuing to pursue the remaining reimbursements.  The City Center Project is almost complete, but a few street marking projects remain.  Stormwater Improvements o Phase F – 60th St, 59th St, 58th St at Marina Dr - Construction is Complete, and the City is requesting reimbursement from the Southwest Florida Water Management District (SWFWMD). o Phase I – Gulf Dr from 76th St to 69th St - Construction is substantially complete. Brick pavers are scheduled through an addendum. The City is requesting funding from the Florida Department of Environmental Protection (FDEP). 6 o Phase G(a) – 79th St, 78th St & 77th St - The northern portion is currently under construction. Expected completion is September 2024. o Phase G(b) – Avenue B near 28th St - Construction is scheduled. There was a Design Modification on Avenue B. The expected completion date is September 2024. o Phase H – 62nd St, 61st St and Marina Dr - Design completed. Construction Advertisement is planned for September 2024. o 63rd Boat Ramp – Design completed and permits received. Construction advertisement planned. $130,000 cost estimate. o Phase K & L – Includes Gulf Dr from 52nd St to 45th St. The City has requested funding from the Hazard Mitigation Grant Program (HMGP).  Resilient Florida – Gulf Drive Improvements o Roadway improvement to improve Gulf Dr – Palm Dr to Holmes Blvd. Includes stormwater improvements. Design is underway, and construction completion is expected in March 2026.  Tourist Development Council (TDC) Request o Phase 1 – Multi-use Paths, Beach Access, and Educational Signs - Proposal is for $500,000. o Public Works Superintendent/City Engineer Kamiya noted this is what could be accomplished if the City finds a place for the water taxi.  Improvement Studies o Resilient Florida – Vulnerability Assessment Plan - $80,000 FDEP Grant, $20,000 City Match – Entire plan 50% complete. Final Report expected March 2025. o Safe Streets for All Safety Action Plan - $160,000 Federal Highway Administration (FHWA) Grant and $40,000 City Match. Entire Plan 14% Complete. Final report expected July 2025.  Tide Valve Analysis o Criteria for review by location: Rainfall event (24 hr. 25 yr. Design Storm), Tidal Event (Mean Higher High Tide), and Hydrodynamic Stormwater Modeling (i.e. Will tide valves reduce flooding during rains and tides?) o Current Areas under review: 77th St, 55th to 58thSt, Haverkos Court, and 28th St, Avenue B, Avenue C Superintendent of Public Works/City Engineer Kamiya asked for a consensus to allow the City to use RESPEC to complete the Hydrodynamic Stormwater Modeling. He noted that there are 34 locations, and running the modeling takes about 24 hours. The City has currently spent about $5,000 per spot. The City has already met the requirement for a competitive bid and has the money budgeted. He noted staff could calculate, but it would take longer than having a contractor go ahead and do different iterations as they continue to work on various projects. He stated the life of these valves is five to seven years. However, it depends on the location; they are currently experimenting with stopping oyster and barnacle growth. Action: There was a unanimous consensus to allow the Mayor to execute an agreement with RESPEC. 7  City-Wide Street repairs: Several repairs have been completed, and more are planned, including the speed tables at 43rd St/6th Ave. The addendum is not ready yet, but it will be brought to the City Commission for approval at the next meeting.  City-Wide Sidewalk Repairs – both contractors and in-house staff have completed repairs. There are more scheduled through the end of the fiscal year.  City-wide Stormwater Pipe Cleaning - will budget for the vacuum truck to come out more often.  Stormwater Repair and Maintenance – This work was completed by both public works staff and contractors.  Seawall Repairs – 77th St, Emerald Ln, 68th St, 74th St.  Superintendent of Public Works/City Engineer Kamiya recognized the Public Works staff for all the projects they have completed throughout the year and informed the City Commission that they currently have three interns for the summer. Discussion ensued regarding sod replacement, addressing residents' concerns throughout the stormwater projects, tide valves and their effectiveness, preventing pollution, seawall height, and the ongoing County project. Commissioner Diggins requested that Superintendent of Public Works/City Engineer Kamiya hold a community workshop to inform the public about the City's ongoing projects. He also inquired about the crosswalk pavement markings. Superintendent of Public Works/City Engineer Kamiya noted he has a list of crosswalks that need to be completed and is awaiting more requests to have them done all at once. 8.c City Commission Summer Meeting Schedule July  Tuesday, July 9, 2024 - 2:00 p.m. - Regular Meeting for Audit Presentation only  Tuesday, July 9, 2024 - Budget Work Session immediately following Audit Presentation  Tuesday, July 23, 2024 - 2:00 p.m. - City Commission Special Meeting to set Maximum Millage  Tuesday, July 23, 2024 - Regular Meeting w/Work Session to follow immediately following Special Meeting August  Tuesday, August 27, 2024 - 2:00 p.m. - City Commission Regular Meeting w/Work Session to Follow 9. Announcements  Wednesday, June 26, 2024 - 2:00 p.m. - Barrier Island Elected Officials (BIEO) Meeting - Anna Maria - CANCELLED  Saturday, June 29, 2024 - 7:00 a.m. - Sea grass planting. Meet at 77th Street Beach Access  Tuesday, July 2, 2024 - 10:00 a.m. - Summer Turtle Talk 8  Wednesday, July 3, 2024 - 5:00 p.m. - Planning Commission Meeting - Cancelled  Thursday, July 4, 2024 - City Offices Closed - Independence Day  Thursday, July 4, 2024 - 10:00 a.m. - 2:00 p.m. - AMI Privateers Annual 4th of July Parade  Friday, July 5, 2024 - 9:00 a.m. - Beach Cleanup. Meet at 52nd Street Beach Access  Tuesday, July 9, 2024 - 10:00 a.m. - Summer Turtle Talk  Tuesday, July 9, 2024 - 2:00 p.m. - City Commission Regular Meeting  Tuesday, July 9, 2024 - 2:00 p.m. - Budget Work Session Immediately following Regular Meeting  Thursday, July 11, 2024 - 9:30 a.m. - ManaSota League of Cities Meeting - Longboat Key  Tuesday, July 16, 2024 - 10:00 a.m. - Summer Turtle Talk  Tuesday, July 23, 2024 - 10:00 a.m. - Summer Turtle Talk  Tuesday, July 23, 2024 - 2:00 p.m. - City Commission Special Meeting to set the Maximum Millage  Tuesday, July 23, 2024 - 2:00 p.m. - City Commission Regular Meeting and Work Session immediately following the Special Meeting  Wednesday, July 24, 2024 - 5:00 p.m. - Planning Commission Meeting  Tuesday, July 30, 2024 - 10:00 a.m. - Summer Turtle Talk  Wednesday, July 31, 2024 - 10:00 a.m. - Special Magistrate Hearing 10. Questions and Comments 10.a Questions and Comments from Mayor and City Commission Water Taxi Commissioner Morton opined that the water taxi is more of a tourist attraction than a way to eliminate traffic. He believes the water taxi is not a reliable mode of transportation as it is subject to the weather, too large to fit into the Waterline Marina, and may not be safe. He questioned whether the County thought of how the travelers would navigate the island once dropped off: whether they’ll walk, use the public transportation system, or rent a golf cart and add to the traffic. There was discussion regarding the cost, intent, and possible sites for a pier. The City is waiting for a proposal from the County. Once received, the City will review any permits or applications submitted. Commissioner Diggins recommended that the City invites Bradenton Area Convention & Visitors Bureau Executive Director Falcione to speak at a future City Commission meeting. 10.b Questions and Comments from City Attorney None. 10.c Questions and Comments from Staff 9 None. 10.d Questions and Comments from The Public and Press None. 11. Adjournment Chair Schaefer adjourned the meeting at 4:00 p.m. _________________________ Stacey Johnston, MMC, City Clerk _________________________ Minutes Approved