City Commission Work Session

1 MINUTES City of Holmes Beach City Commission Work Session April 8, 2025, 2:00 p.m. Patricia A. Geyer Commission Chambers 5801 Marina Drive, Holmes Beach FL 34217 Present: Chair Schaefer, Commissioner Soustek, Commissioner Whitmore, Commissioner Diggins, Commissioner Oelfke Staff Present: Mayor Titsworth, City Attorney Augello, City Clerk Johnston, Chief Tokajer, Director of Development Services Minor _____________________________________________________________________ 1. Call to Order Chair Diggins called the meeting to order at 3:55 p.m. 2. Roll Call 3. Comments by the Public None. 4. Unfinished Business None. 5. New Business 5.a Draft Ordinance 25-07 - Buffering and Landscaping Director of Development Services Minor presented the proposed Ordinance noting that once approved it will only apply to new construction except for the Grand Tree portion that will apply to everyone. He acknowledged the 'Community Services Director' should be changed to 'Director of Development Services' throughout the document. A detailed review of the language updates and changes followed. Commissioner Schaefer referred to the types of landscaping noting it did not include artificial turf. Director of Development Services Minor explained that the Comprehensive Plan policy is to discourage the use of artificial turf, and that artificial turf was addressed in a separate Ordinance. No additional changes were made to the draft Ordinance relating to artificial turf. City Attorney Augello reported on the 2022 State legislation relating to the removal of Grand Trees and when permits can be issued. Commissioner Soustek discussed the timeframe for removing a dead tree after a disaster and stated that she has one dead tree and two additional trees that may not survive since

2 the hurricanes. She has been advised not to remove the two because they may come back. Director of Development Services Minor stated there was a 30-day period to remove the dead tree after a disaster, but the Planning Commission moved that timeframe to 90 days. After discussion, the City Commission agreed unanimously to change that time to 365 days. Commissioner Soustek also felt there should be a heavy fine to remove a Grand Tree because developers will just pay the fine. She asked what the tree canopy is now. Director of Development Services Minor referred the City Commission to a County tool on their Geographic Information System (GIS) site that has a layer for both storms. The software allows sliding the aerial over the existing aerial pre and post storm. Commissioner Whitmore asked if there should be a variance if someone were to preserve the tree with conversation of an arborist. It was agreed that Director of Development Services Minor will investigate her suggestion. Public Comment Mark Hebden, 4605 2nd Avenue, stated he has a Grand Tree that he has kept and looks like it has survived the hurricanes. An Arborist told them trees must get leaves to get photosynthesis and cannot be pronounced dead for one year. Based on his tree it will cost him approximately $2,000 to remove it. With the City having the authority to require he put one back in its place it would cost him an additional $4,000. He understood what the City Commission was trying to accomplish but felt there needs to be protection in place for the property owner - and it should be up to the property owner if they want to replant it. City Attorney Augello stated per FL Statute 163.045, the City cannot require replacement of a tree. Mr. Hebden recommended the Statute reference be included in the second paragraph of the Ordinance's Section 8.12., Grand Trees. City Attorney Augello acknowledged that the section does track the Statute. Discussion continued relating to Grand Trees. Chair Diggins voiced his opposition to the Ordinance feeling that the government should not require what a person can do on their property. Commissioner Whitmore stated she did not like it either. Development Services Director Minor informed the City Commission that other Cities have a Tree Fund. If a tree is removed, money is then placed into a Tree Fund. Mayor Titsworth said she would be in favor of establishing a Tree Fund to be paid into. Development Services Director Minor will research the Tree Fund option. Commissioner Schaefer asked if the City inspects the landscaping requirements prior to issuing a Certificate of Occupancy (CO). Development Services Director Minor acknowledged that every CO requires the Building Official to inspect everything inside the structure and the Planning & Zoning reviews everything from the walls out. Staff are finding the property owners go well above the minimum standards. Mayor Titsworth stated she wants to add more shade trees that are salt tolerated in the City's rights-of-way.

3 Discussion continued relating to Australian Pines. Action: Development Services Director Minor will work with City Attorney Augello to make the necessary changes then bring the Ordinance back to a future Work Session for an additional review. 6. Questions and Comments 6.a Questions and Comments from Mayor and City Commission None. 6.b Questions and Comments from City Attorney None. 6.c Questions and Comments from Staff None. 6.d Questions and Comments from the Public and Press None. 7. Adjournment Chair Diggins adjourned the meeting at 4:42 p.m. _________________________ City Clerk _________________________ Minutes Approved