City Commission Special Meeting

1 MINUTES City of Holmes Beach City Commission Special Meeting October 29, 2024, 2:00 p.m. Patricia A. Geyer Commission Chambers 5801 Marina Drive, Holmes Beach FL 34217 Present: Commissioner Diggins, Commissioner Kerchner, Commissioner Soustek, Chair Schaefer Absent: Commissioner Morton Staff Present: Mayor Titsworth, City Attorney Augello, City Clerk Johnston, Chief Tokajer, Director of Development Services Minor, Superintendent of Public Works/City Engineer Kamiya _____________________________________________________________________ 1. Call to Order; Pledge of Allegiance; Moment of Silence Chair Schaefer called the meeting to order at 2:00 p.m. 2. Roll Call 3. Comments By The Public None. 4. New Business 4.a Emergency Ordinance 24-02 - Rescinding Moratorium of Use of Private Property as Vacation Rentals Chair Schaefer announced that following Hurricane Helene, the City Commission implemented a Moratorium on Vacation Rentals on October 2, 2024. Though the property owners and rental agents were not unanimously in agreement, the City's primary concern are for public safety and recovery. The Moratorium was implemented in preparation of the work needing to be done by staff and the many volunteers. A listing of the various agencies assisting in the cleanup was referenced. The City had concerns of allowing tourism when the streets and sidewalks were not clear from sand and debris. Time was needed to get streets cleared and to provide safety for all concerned. Supt. of Public Works/City Engineer Kamiya presented a status update relating to the debris removal. He noted there had been comparisons on how the debris was being handled in Holmes Beach versus other cities. He presented specific details on the amount of construction and household materials and debris that had been collected to date, and information relating to the sand, white goods, and vegetation pickup. There will be three passes around the City to pick up the debris with a current estimated cost of

2 $4.77 million. The City has already submitted for the up to 50% FEMA upfront reimbursement. Chair Schaefer stated there was currently $3.5 $3.25 million in the City's Reserves. Supt. of Public Works/City Engineer Kamiya explained that there may be approximately 12% of the costs that FEMA may not reimburse, thus the purpose for the City's Reserves. Additional updates included:  Traffic signals need work but are fully functioning. The State will be coming to Holmes Beach to make the needed repairs.  City staff will be making multiple passes throughout the City and will fix issues as needed.  There is one crosswalk beacon that will be repaired by contractors this coming week.  Sixteen stop signs will be fixed this week.  There has been an effort by staff to cleanup in front of the Anna Maria Elementary School. It will re-open on November 4.  There are two separate trucks taking care of Stormwater basins and pipe cleaning. A mission request has been submitted to the State for assistance.  The roadways will be cleaned by the City's Street Sweeper once the debris is removed. A Street Sweeping Contractor will also assist.  Every City building received some damage. Code Compliance has been utilizing the City Hall as their temporary offices.  There are approximately two dozen locations throughout the City where sidewalks should not be used. Signage will go up for those locations by this upcoming Friday.  Bike lanes will be addressed. Bicycles are also allowed to utilize any traveling lane.  Magnets are being utilized to pick up metal and screws.  There will be three total debris removal passes around the City. People continue to put out materials in the rights-of-way.  Sidewalk safety was discussed.  With all the hauling trucks and machinery on the roads, crews have been monitoring to ensure a safe area.  Twelve streets will be addressed which will not impede progress.  The City's main streets are all okay.  The checkpoint at the Holmes Beach City entry was effective. Chief Tokajer provided data and explained the process.  There was a lot of debris at the beach accesses. Because there is still a lot of metal and glass, shoes are recommended on the beach.  Except for a couple of staff-related injuries, there have been no other major injuries or arrests.

3  The decision to drop the curfew was recently made. The outside Police Departments will be serving as reinforcements in the City through November 4. There are currently 18 outside officers patrolling and assisting people.  The Building Department will be open on Saturdays until further notice from 9:00 a.m. - 1:00 p.m. They are still processing non-storm related permits and there has been no decrease in the level of service and turnaround. Report followed.  Friday, November 1 will be the last paint and battery drop-off date.  Waste Pro will be back to their regular schedule beginning Monday, November 4, 2024.  The City's website is being kept updated relating to the Hurricane Recovery.  There are 40 contract inspectors assisting with the damage assessments in the City. To date there have been 2,646 damage assessments on residential properties and 269 commercial properties including condo and multi-families. Not all residents are accommodating. All assessments should be completed in another week.  Explanation was provided relating to contractor applied Building Permits versus homeowners. A Florida certified General Contractor must apply for the permit if the home has a Vacation Rental Certificate.  Discussion followed relating to what assurance there would be if a property was safe to rent once the Moratorium was rescinded. City Attorney Augello explained that it would be between the landlord and renter and that the City should not get involved. Instead, the renter should seek legal assistance if the home is found to be unsafe.  Explanation followed relating to the Building Code and 50% rule.  A few homes were tagged as uninhabitable properties. They will fall under the FEMA 50% rule to rebuild. Chair Schaefer commended the Public Works Department and all volunteers that have assisted after the Hurricanes He has witnessed and been amazed at all the calls going out to residents, and the incredible commitment of the City staff and administration to answer questions and address concerns. City Attorney Augello read the Emergency Ordinance by title. Public Comment Bob Bolus, owner of property at 699 Manatee Avenue, stated that he is donating $200,000 worth of disinfectant and disinfectant wipes to the three Island Cities and the Town of Longboat Key. He also sent 25 trailers of product to the North Carolina area. The donations can be picked up at the 699 Manatee Avenue location (former Bank of America building). Mr. Bolus also has damage on his condos in Bradenton Beach but offered his assistance to Holmes Beach if needed. Sean Murphy, Doctor's Office owner, thanked Chief Tokajer for his and his officer's service to the community during the Hurricanes. He felt the City was doing a great job towards the recovery. Nicole Kaleta, 66th Street, Bradenton, thanked the City for all the effort and work.

4 Referring to all the debris, Ms. Kaleta said she and others want to personally pay for and adopt a street to cleanup. She said she had originally requested the Moratorium on Vacation Rentals because she did not want to see people renting unsafe homes. Now she has several homes ready to rent but does not plan to host anyone until mid- November. Ms. Kaleta stated that the Moratorium has provided them the legal authority to cancel their rentals and refund rental amounts and processing fees to the renters. She expressed her concern relating to ending the Moratorium earlier than the original November 16th date since their company had already refunded 20% of their annual revenue these past few weeks. Holmes Beach Resident addressed the City Commission stating that people had been trespassing on his property. If the Moratorium were to be lifted there would be renters across the street from him and they would be trespassing on his property to get to the beach because the 56th Street beach access is totally blocked. He stated that a glass tabletop was missing from his condo unit, and they are still grading the area under the condos due to the 3-ft. of sand. He felt there should be no renters in the City at this time. He questioned if FEMA would reimburse the City if they were allowing people to vacation on the Island at this time. He was concerned about people getting hurt. Chair Schaefer explained that public safety was the primary reason for passing the Moratorium on Vacation Rentals. To rescind the Moratorium will take four votes of the City Commission. If adopted it will go into effect beginning Saturday, November 2, 2024. Commissioner Soustek expressed her concern about rescinding the Moratorium saying she was leery of opening because of the debris activity observed. She also owns a rental, and all her renters have been fully refunded through April 2025 at no cost to her. She felt there is too much activity with the debris pickup to open the Island back up to vacation renters. She would also be a disappointed tourist if renting at this time and suggested a disclaimer goes out relating to the current condition of the Island. Commissioner Soustek preferred letting the Moratorium run out and the rentals would open back up on Saturday, November 16, 2024. Commissioner Diggins did not believe if the Moratorium was rescinded as of Saturday, November 2, 2024, that there would be any renters that weekend. He pointed out a lead time was required to make flight and travel arrangements, and this coming Saturday was too soon to make those type arrangements. In his opinion, the market will dictate, and he felt it would be weeks before seeing any renters. City Attorney Augello stated that from a legal perspective the Moratorium was approved to limit the ingress and egress of people on the Island during recovery efforts. A disclaimer was never the basis for the moratorium and should not be the basis on how the City Commission vote. Mayor Titsworth was appreciative of Ms. Kaleta's offer to assist with cleaning the rights- of-way. She noted there were many memorial benches buried on the beach. She felt the City is now able to welcome all those wanting to visit the City again and help the businesses recover. Feeling the City has accomplished what they set out to do as far as the recovery efforts, she recommended the Moratorium be rescinded. Chief Tokajer noted he went through the hurricane recovery goals and objectives with the Mayor every day. He now would like the onus taken off the City and the responsibility placed back on the property owners. Chair Schaefer said he was convinced Holmes Beach took the lead in the recovery effort and that it took courage to create a curfew. He pointed out that Holmes Beach was the

5 only City to create a Moratorium for all the right reasons at that time and hopes now to find a balance between the visitors and residents. Chair Schaefer pointed out that the City Commissioners did not request the meeting that day that it was scheduled because staff and the Mayor had made those assertions. He reminded that the businesses and restaurants are often dependent on the visitors. He was surprised there had not been any serious injuries since September 27th. Chief Tokajer reminded that the Elementary School will be opening on November 4. He felt if it was safe enough now for the kids to return then there would be no reason not to allow vacationers. Commissioner Soustek said she was still uneasy but planned to take the advice from the professional staff when making her decision on rescinding the Moratorium. Moved by Commissioner Diggins Seconded by Commissioner Kerchner On roll call vote, Emergency Ordinance 24-02 was unanimously approved in the affirmative for adoption. Motion Approved 5. Questions and Comments 5.a Questions and Comments from Mayor and City Commission Commissioner Diggins thanked Mayor Titsworth for everything she has been doing to guide the City during the Hurricane recovery. 5.b Questions and Comments from City Attorney None. 5.c Comments from Staff Chief Tokajer provided details relating to a traffic stop and arrests that occurred on September 10, 2024, involving the Holmes Beach Police Department and Orlando Diaz and his son Francisco Diaz-Burgos. 5.d Questions and Comments from The Public and Press Chair Schaefer referred to the recent Hurricanes Helene and Milton stating based on his observations it has brought out the best in people. He thanked the Mayor and the City staff's can-do attitudes feeling the work involved has been a true team effort. The City Commission thanked and recognized the community and all the volunteers for their efforts. 6. Adjournment The meeting adjourned at 3:30 p.m. _________________________ City Clerk

6 _________________________ Minutes Approved