City Commission Regular Meeting

1 MINUTES City of Holmes Beach City Commission Regular Meeting January 14, 2025, 2:00 p.m. Patricia A. Geyer Commission Chambers 5801 Marina Drive, Holmes Beach FL 34217 Present: Commissioner Schaefer, Commissioner Soustek, Commissioner Whitmore, Chair Diggins 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 Diggins called the meeting to order at 2:00 p.m. 2. Roll Call 3. Approval of Minutes Moved by Commissioner Schaefer Seconded by Commissioner Soustek The December 17, 2024, Regular Meeting and December 20, 2024, Special Budget Hearing minutes were approved as written. Motion Approved 3.a Regular Meeting - December 17, 2024 3.b Special Budget Hearing - December 20, 2024 4. Commission Reports Commissioner Whitmore The AMI Chamber has not returned to their offices since the Hurricanes. Their upcoming gala is scheduled for January 23, 2024, 5:00 p.m. to 8:00 p.m. at the Key Royale Club. The Cost to participate will be $20. Let Commissioner Schaefer know if you can attend. Commissioner Whitmore thanked The Center for stepping up during the Hurricanes when the community was in need. The School for Construction Play have moved their classes to The Center after the Hurricanes. They are in the process of obtaining their appropriate licensing to hold classes at that location.

2 The Bob Marley Band played at The Center Saturday evening, January 11, 2025. As Alternate Legislative Liaison, Commissioner Whitmore attended the January 9 Legislative Delegation Meeting. She announced that March is the deadline for submitting any Legislative Priorities and Appropriations, so she hoped the City had something in place by the upcoming week. She stated the Legislation will address Tide Values for all the communities. It will benefit all citizens on the Island. The Lobbyist is concerned - there is Resiliency Grants available but sometimes the Governor will not fund the requests because there are grant available. Mayor Titsworth explained that since the City was hit with the hurricanes, staff is working with the City's Lobbyist. An additional plan is to increase greenspace and purchase the Gloria Dei Lutheran Church. She is currently working with Director of Development Services Minor, Supt. of Public Works/City Engineer Kamiya and the Lobbyist on the Appropriations. That request has never gone before the City Commission. The City Commission will be advised and accept the funding once it is received. Commissioner Schaefer suggested both the Lobbyist and the Tourist Development Council (TDC) be asked to fund the Harvester. Mayor Titsworth explained that Manatee County has two boats that will not work for the canal cleanup so she plans to meet with Manatee County Commissioner Siddeque to see if Manatee County could change out one of their boats that would work for the City. She stated it was not Holmes Beach causing problems in the canals, so she hopes to get assistance from Manatee County. She will also include the TDC as part of the endeavor. Commissioner Whitmore stated that TDC funds are only for tourism and would not normally provide funding for Harvester type equipment. Commissioner Soustek Report attached. Commissioner Schaefer Report attached. Commissioner Schaefer also reported that on January 9, 2025, he made a presentation to the Manatee County Delegation relating to the City's Legislative priorities. He said before he spoke, Mayor Gene Brown, City of Bradenton, addressed their storm water efforts indicating they will be doing an advanced water treatment. Commissioner Whitmore confirmed that the City of Palmetto has the system and that the City of Bradenton is looking into it. Commissioner Schaefer noted that the Legislative Delegation meeting was three years to the day that they had discussed building a parking garage at the Manatee County Beach and then later requesting an Office of Program Policy Analysis and Government Accountability (OPPAGA) report. He felt it was sad there was no discussion on the report during this year's Legislative Delegation meeting, nor any indication they will not be pursuing either issue. Commissioner Whitmore stated that she previously chaired one of the OPPAGA committees in 2021 where the Cities and Counties had discussed consolidating the Fire Departments. She said that OPPAGA did read the Island's studies and loved the data even if some of it may not have been correct. She explained where there was an error in the final report. 5. Mayor's Report Mayor Titsworth commented on The Office of Program Policy Analysis and Government Accountability (OPPAGA) report that was recently released. She was happy the OPPAGA study was now behind the City and that Holmes Beach has a new District 3 Representative that

3 supports his District. She was no longer concerned about there being a parking garage built on the Manatee County Beach. Mayor Titsworth noted that in September 2024, City staff came up with recommendations for services that can be shared between the three Island Cities. Shared services for the Building and Public Works Departments, and for the Police Department were presented. She noted that both the City of Anna Maria and Bradenton Beach utilize private providers for their Building Departments. When the City of Anna Maria needed a Building Official, she reached out to offer Holmes Beach services, but Anna Maria always utilized Manatee County instead for those services. The Chief's plan for shared Police services would not be as cost effective due to uniforms, vehicles, staff, pension, etc. Manatee County already has staff and can provide officers. Mayor Titsworth stated the City is currently working together with the Emergency Operations Center (EOC), the Manatee County funding, etc. She hopes to present to Senator Boyd and Representative Robinson prior to the deadline. Commissioner Whitmore stated that the Island Cities were not receiving any of the Manatee County Beach funds, that they were taken away. She suggested speaking to Manatee County Administrator Charlie Bishop and County's Chief Financial Officer Sheila McLean. Mayor Titsworth noted she has upcoming meetings with Manatee County Director of Natural Resources Charlie Hunsicker and Manatee County Commissioner Siddique. Commissioner Schaefer reported that Representative Robinson will be calling a meeting with those impacted by the hurricanes to review what has been done and what preparation has been made following Hurricanes Helene and Milton. Representative Robinson felt the Island did a spectacular job. Commissioner Schaefer noted it was suggested there be legislative priorities that would benefit the Island as a whole. Commissioner Whitmore stated that while serving as County Commissioner she received a call that Holmes Beach had put a curfew in place after the hurricanes. Noting that Anna Maria did not have a curfew, she felt there was a need for more open communication between the three Island Cities. Mayor Titsworth confirmed there was no lack of communication with the City of Bradenton Beach. State of the City Mayor Titsworth will present the State of City at the Manatee County Chamber meeting on Wednesday, January 15. 6. Comments by the Public Dennis Groh, 3704 4th Avenue, complimented the City for working behind the scenes during the OPPAGA process and for all the work involved during the two recent hurricanes. He felt everyone should be thanked after all the stress the City has gone through. 7. Unfinished Business None. 8. New Business 8.a Resolution No. 25-01 - Participation in Joint Meetings with the Council of Governments and with the Manatee County Board of County Commissioners City Attorney Augello read Resolution by title.

4 Moved by Commissioner Schaefer Seconded by Commissioner Whitmore Approved Resolution No. 25-01 for adoption. Motion Approved 8.b First Reading - Ordinance No. 25-02 - Site Plan Amendments Director of Development Services Minor read the Ordinance title. A review of the proposed changes followed.  Removal of Development Review Committee.  Current Section 3.5 was deleted and reorganized.  Addition of Subsection k. - language requiring Transportation Impact Studies. Public Work Director/City Engineer Kamiya and Director of Development Services Minor explained. He pointed out that some Site Plans do not generate traffic so a traffic study would not be needed.  Several sections relating to the Major Site Plan reviews have been relocated in the appropriate zoning district areas.  Added language requested by the Planning Commission that they review and provide recommendations on the Major Site Plans to the City Commission.  Removes Work Session reviews for Major Site Plans. Motion: Moved: Commissioner Schaefer Seconded: Commissioner Soustek Moved that Ordinance No. 25-02 be approved for First Reading. Discussion: Commissioner Whitmore voiced her opposition to the Planning Commission's review of the Major Site Plans. She felt it was not the Planning Commission's role and should only be reviewed by the City Commission. To include the Planning Commission would also require additional cost to the City to have the City Attorney in attendance and to the applicants for noticing and attending a second Hearing. In addition, it would add another level of government. She agreed that Traffic Studies are needed. City Attorney Augello commented on the Planning Commission reviewing Major Site Plans. She said though it would be nice to have another public meeting before the matter, as a Quasi-Judicial Hearing, the City Commission would be unable to use any of the evidence presented during a Planning Commission review. There are other Cities who do allow for both the Planning Commission and City Commission reviews, but it will then add another level in the event the case were to be challenged. Examples followed. City Attorney Augello stated where there are dual reviews there can be a lot of legal complications. In addition, an Attorney must be present since evidence is taken, and legal arguments are made. As a result, there will be additional costs to the public which cannot be deferred to the Applicant. The Applicant will be responsible for all the notice and publication costs for both meetings. She noted that Rezoning requests do go before the Planning Commission.

5 Commissioner Soustek said as Planning Commission liaison they have wanted to get involved with the Major Site Plan reviews. She was concerned about the additional costs to include the Planning Commission review and agreed the Major Site Plan reviews should be handled by the City Commission only. Commissioner Schaefer asked how the City Commission could reconcile the fact that the Planning Commission is not involved, along with there being no City Commission Work Session to discuss the request in advance. City Attorney Augello responded that any evidence presented during a Work Session cannot be considered as part of the final Site Plan review. Allowing for a Work Session or Planning Commission review is resulting in a pre-public Hearing. If there has not been enough information provided during the City Commission meeting the Hearing can be moved to a date certain. However, it is not the City Commission's responsibility to make an applicant provide specific information. If the City Commission does not feel an application meets the criteria it can be denied. Site Plans are approved as a Resolution which only requires one reading. City Attorney Augello explained that in many jurisdictions the Planning Commission/Planning & Zoning Board/Commission are the advising and final determination for Site Plans. In Holmes Beach, the Planning Commission strictly functions as a Local Planning Agency that looks at Land Development changes being consistent with the Comprehensive Plan. Their recommendation is then forwarded to the City Commission for final action. After discussion, the following Amended Motion was made: Amended Motion Moved: Commissioner Schaefer amended his motion Seconded: Commissioner Soustek amended her second Approved Ordinance No. 25-02 for First Reading with the following amendments:  Remove Sec., 3.5, B., 3. h. - Planning Commission to hold a noticed public hearing to review Site Plans.  Add Sec. 3.5., B., 3. k. - The applicant shall provide a transportation analysis. The City shall regulate traffic concurrency through the Sarasota/Manatee Metropolitan Planning Organization's Traffic Impact Study Methodology and Guidelines, or an alternative City approved traffic methodology. This document together with the City of Holmes Beach Comprehensive Plan shall be referred to for the purpose of identifying the City's adopted level of service standards. Amended Motion Approved 9. Announcements  Wednesday, January 15, 2025 - 3:30 p.m. - Planning Commission Meeting  Monday, January 20, 2025 - Martin Luther King, Jr. Day - Offices Closed  Thursday, January 23, 2025 - 11:30 a.m. - Police Retirement Board Meeting  Tuesday, January 28, 2025 - 10:00 a.m. - Code Compliance Special Magistrate Hearings  Tuesday, January 28, 2025 - 2:00 p.m. - City Commission Regular Meeting w/Work Session to Follow

6 10. Questions and Comments 10.a Questions and Comments from Mayor and City Commission Variable Message Sign Commissioner Whitmore referred to the City's two variable message signs on Manatee Avenue coming into the City with one saying Welcome to Holmes Beach. Noting it was the entrance into the City and Island having three cities, she recommended reducing the sign pollution. Chief Tokajer confirmed there are two signs - one having information about proper parking and the second saying 'Welcome to Holmes Beach, Please Drive Careful'. The messages on both signs are changed often and are both needed. One is by the Kingfish Boat Ramp and the second one by East Bay Drive. Both are owned by the Police Department. Mayor Titsworth agreed an additional reminder message may not be needed. Chief Tokajer will handle. OPPAGA Study Commissioner Soustek said she was disappointed with the leaders and did not feel people's personal lives were considered when the OPPAGA Study was requested. She applauded the stance taken by the Mayor, City Commission, and Barbara Ehren who led the 'Hands Across the Sand' event. Commissioner Soustek felt the OPPAGA experience did unite the community. Commissioner Schaefer encouraged everyone to read Manatee County Commission Chair Kruse's recent report regarding the operational approach on how he plans to operate the Manatee County Board of Commissioners and his comments to the developers and on overdevelopment. Chair Diggins also complimented how the City handled the OPPAGA study request. He thanked Mayor Titsworth for her involvement feeling her approach helped in the long run. Mayor Titsworth felt the City lost residents because of the OPPAGA Study and parking garage threat at the Manatee County Beach. She noted Digital/Media Strategist McDonough had been putting in additional work on the destinationholmes.com website. Mayor Titsworth thanked the City Commission for continuing to fight for the Island, believing the educational efforts are why four new Manatee County Commissioners were just elected. City Board, Commission, and Committee Reports Commissioner Schaefer encouraged adding an ongoing item on the City Commission meeting Agendas allowing the City's Boards, Commissions, and Committees to present a report to the City Commission. He said some committee members felt their actions have no sway on action taken by the City Commission. He recommended the reports be added at the beginning of the meeting. City Attorney Augello acknowledged that many communities do that. Presenting a report is fine but cautioned that once questions were asked could result in Sunshine concerns. Also, if the Committee representatives were to state that they have the authority to answer something, that is when it becomes a problem. Any City Commission questions should be taken back to the Committee by the presenter than reported back.

7 Action: Unanimous consensus that the additional item be added to the Agenda. Chair Diggins, City Attorney Augello, and City Clerk Johnston will work together towards that goal. Manatee County Bridge Commissioner Schaefer asked that the State be contacted to clean up the Manatee County bridge and right-of-way west to the Holmes Beach City limits. Public Works Director/City Engineer Kamiya will pursue. Holmes Beach 75th Birthday Celebration Mayor Titsworth announced that 2025 will be Holmes Beach's 75th birthday. A Committee is being put together for a 75th Birthday celebration. She also wants the Holmes Beach play reenacted during the celebration. Manatee County Commission Commissioner Whitmore stated that at former County Commissioner VanOstenbridge's first meeting on the Board he was appointed as Chair and called a Special Meeting where former County Administrator Cheri Coryea was fired. Commissioner Whitmore also reported on the lawsuits filed against a former County Commissioner, the Blue Man puppet, and the Bradenton Times. She expressed her appreciation for County Commissioner Siddeque elected to represent District 3 and Holmes Beach. Beach Cleanup Code Compliance and Keep Manatee Beautiful will be sponsoring a beach cleanup on President's Day - Monday, February 17. Volunteers should gather on 52nd Street. 10.b Questions and Comments from City Attorney OPPAGA City Attorney Augello explained when the OPPAGA request was made an analyst was given the task to pursue the request. Their responsibility was to research, and they were not allowed to disclose any information. Even with given that task OPPAGA came up with a report indicating that the Island Cities are doing fine as they are and did not recommend any consolidation. She stated that the report should be taken with a grain of salt and is only as good as the fact finders and the fact they are given. Legislative Procedures City Attorney Augello has been working on and off on updating the Legislative Procedures in the City's Code. She pointed out that having the Procedures in the code book makes it a law, plus the City Commission does not follow the Rules of Procedure. She is in the process of drafting new procedures that would be best agreed upon as an Administrative Policy of the Board. She plans to bring an Ordinance forward that removes certain sections of the code and bring back recommended Policy rules. A memo will be presented at a future Work Session by the end of February 2025. 10.c Questions and Comments from Staff Building Department and Code Compliance Updates Director of Development Services Minor presented the following report  1,000 storm-related permits and 2,865 non-storm permits have been issued.  There have been 32 property demolitions - 30 storm-related and 2 non-storms related.

8  32 new homes will be built up to code.  26 Stop Work Orders have been issued.  There have been 2,266 inspections performed.  As of the first of the year, the Building Department is no longer open on Saturdays. However, permits are being worked on over the weekends getting ready for the Monday work week.  1,633 Vacation Rental Certificates have been issued this year vs. 1,661 issued last year.  29 Work Without Permit citations have been written.  Waste Pro has picked up 282 tons of commercial waste and 241 tons residential.  The Beach Cleanup is scheduled for Monday, February 17.  The Code Compliance Office located at the Public Works Building is in the process of completion.  Staff will continue the Mangrove Education process to include a webpage for the purpose and guidance. As permit volumes slow down, staff will proceed with a mailing project to include rules relating to mangroves. The information has been shared with the two other Island Cities and the Town of Longboat Key. Building Codes Commissioner Whitmore met with Mayor Titsworth in looking at creative ways relating to the Building codes. She had never heard that a breakaway wall works. Director of Development Services Minor stated that breakaway walls are for wave action. Gloria Dei Lutheran Church Gloria Dei's last event is scheduled for the upcoming weekend then the property will be sold to the highest bidder. Director of Development Services Minor spoke with Pastor Rob Rose informing him that the City has interest in the property. Appropriations Commissioner Whitmore announced that the Governor is cutting appropriations by $2 billion this year. If the City plans to ask for any funding, it's important to have a good purpose for the ask. Mayor Titsworth announced that she is working with the City's Lobbyist for applying for funding. Examples include greenspace, soccer field, and public private partnership with the art league - something that can be used for the community. She would like to rehab the Gloria Dei building if the City were able to purchase it. The property could be utilized for festivals, farmers markets, etc. Director of Development Services Minor informed that to change the zoning on the Gloria Dei property would require a Comprehensive Plan Amendment and a Future Land Use amendment. The City Commission was reminded that a rezoning request went before a prior City Commission who did not want to change it from public to semi-public. Commissioner Schaefer stated that the City needs to be prepared if the grant dollars are available. Other sources of funding are also being investigated.

9 Discussion continued relating to a site for future debris removal. Mayor Titsworth is working with Director of Development Services Minor, Public Works Director/City Engineer Kamiya, and the Lobbyist for an ask. 10.d Questions and Comments from the Public and Press Joe Hendricks, Sun Newspaper Reporter, announced that the Manatee County Council of Governments meeting had been cancelled. He asked for further clarification relating to the Manatee County Beach funds, the Beach Cleanup, and Legislative Procedures Act versus the City Administrative section of the Code. Mr. Hendricks announced that the prior week a Federal Emergency Management Association (FEMA) consultant spoke about a lot of State and Federal funding options to increase the elevation of homes. He said in relation to Gloria Dei, FEMA money can be applied for to purchase a property and demolish it if retained as open space. Mayor Titsworth confirmed that the same process was utilized with Prince Park and Spring Lake. 11. Adjournment Chair Diggins adjourned the meeting at 3:56 p.m. The meeting was adjourned at TIME. _________________________ Stacey Johnston, MMC, City Clerk _________________________ Minutes Approved