This Commission Meeting was conducted utilizing Communications Media Technology. Some Staff members were present in the Commission Chambers while others were present via the Zoom application.

 

ELECTED OFFICIALS PRESENT IN CHAMBERS:

Dan West, Mayor

Brian Williams, Vice-Mayor/Commissioner Ward 3

Tamara Cornwell, Commissioner-at-Large 2

Sunshine Joiner, Commissioner Ward 2

Harold Smith, Commissioner Ward 1/CRA Vice-Chair (Exited the meeting at 5:38 pm and returned at 5:42 pm)

Scott Whitaker, Commissioner-at-Large 1/CRA Chair

 

 

STAFF PRESENT IN CHAMBERS:

Mark Barnebey, City Attorney

Jim Freeman, City Clerk

Mohammed Rayan, Public Works Director

Scott Tyler, Chief of Police

Rowena Young-Gopie, CRA Director

Cassi Bailey, Assistant City Clerk

Jake Bibler, City Planner

 

 

STAFF PRESENT ELECTRONICALLY:

Todd Williams, Information Technology (IT) Consultant

 

The Agenda was amended on 3/10/25 to update the attachment for item #2.

 

   Mayor West opened the meeting at 4:30 pm.

 

 

1.               MOORE 2 DESIGN PRESENTATION (R.YOUNG-GOPIE)

 

Jon and Vicki Moore, Moore 2 Design, gave an update on the Reef Ball system. The videos were created by Ron Berman. He also introduced their engineer, Ernesto Lasso De Vega.

 

The videos and pictures they shared were made part of the minutes.   Jon Moore reported that there is a boat anchored in their reef ball habitat. Chief Tyler responded that there is no restriction on where the boats anchor. Mr. Moore is concerned that the anchor is destroying the sea grass, that is already diminishing. They are requesting an Ordinance be adopted to limit where boats can anchor in those areas.

 

 Commissioner Williams echoed Chief’s comments that they can’t prohibit a boat from anchoring there. He also stated that the boat is on the outer fringe of the reef ball area. There are 380 total reef balls, and 78 habitats. Commissioner Williams asked Mr. Barnebey if we can create an ordinance. Mr. Barnebey said we have restrictions within the state as to what we can prohibit. There may be some things we can do, but he will need to investigate further. Commissioner Williams opined that this appears to be a successful endeavor, and the boat

 

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showed up after these reef balls were placed. He doesn’t want to see boats hurt this project. Commissioner Williams wants to see this progress in a timely manner.

 

 Commissioner Cornwell said the City of Palmetto had some ownership into the water. She questioned where the City rights begin and end within the waterways. She also questioned regulations for boats anchoring. It was clarified that those regulations are only for live aboard boats. Live aboard boats can only be anchored for 48 hours. This particular boat is not a live aboard. They have no enforcement option to take against this boat. Chief went on to explain what can be regulated and what cannot within state waterways. He said he was told in the past that there is not a City line in the waterways.  Mr. Barnebey stated that the City boundaries go to the channel, but the waterway belongs to the state.  This boat is in our jurisdiction, but there aren’t any laws that they are breaking. Commissioner Cornwell wants to creatively look at Ordinances we can adopt to help regulate this.

 

 Commissioner Williams asked if we do own the bottom, would that make a difference? Mr. Barnebey doesn’t think this makes a difference. He asked if we could talk to the State about buying these lands. A submerged land lease may be a possibility through the state.

 

Mayor West recapped that the consensus was to have the City Attorney move forward with options to prohibit boats anchoring in this area, in a timely manner.

 

 Ron Berman reiterated that the City has invested a lot of money in this program. He thinks we should approach this with the state as a living laboratory. It is a testing site. He would think the state would be interested in preserving this area as a science experiment.

 

 Mr. Lasso De Vega asked what would stop others from doing that same thing. Also, what is going to stop someone from putting crab traps there. 

 

 

2.               ORDINANCE 2025-03: COASTAL HIGH HAZARD AREA DISCUSSION (ATTORNEY/J.BIBLER)

 

Jake Bibler, City Planner, introduced this item. There is a proposal to update our comprehensive plan. He read from the point paper, which was included in the agenda. Density allowances were also added to this policy update. The state statutes outlined possible opportunities for municipalities to use to potentially increase their density within the CHHA.

 

 Mr. Barnebey went on to recap that we currently have a limitation on density within the CHHA, 10 units per acre. This would allow the possibility to get a higher density if certain requirements are met. This language comes directly from the Florida Statute.

 

We have this item on the agenda for First Reading tonight. This will require a Planning and Zoning Board, P&Z, recommendation, a public hearing before City Commission, and then we would transmit it to the state before it can be officially adopted.

 

 Commissioner Williams asked if we could adjust one project without making all of these changes. Mr. Barnebey said they could potentially limit the areas that it is applied to. However, he would be concerned with applying it to one individual project.  Mr. Bibler explained the review process for these type of comprehensive plan amendments within the planning department. He went on to discuss current planned development

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restrictions. Even if they changed the code, the applicants would have to go through a lengthy review process, P&Z recommendation and City Commission approval.   Mr. Barnebey answered that we could look at individual parcels for approval of units per acre. Commissioner Williams asked if we could move forward with future developments without this update. Mr. Barnebey answered that we could probably enter into a contract to move forward, but before we could approve a site plan and rezone we would need to have this in place.   If they don’t want to move forward with this, it will likely terminate plans in that area.   Mr. Freeman reiterated that this is on the agenda for first reading tonight, then there would have to be a public hearing at a P&Z meeting, a public hearing at a City Commission meeting, then it would be sent to the state for transmittal. It was estimated that it could take 6-8 months on the longer end for this to go through the process.

 

 

 Commissioner Cornwell asked to clarify a “unit/1 dwelling unit.” You could have 5 bedrooms, and it would still be one unit. Our definition of CHHA has been determined by FEMA and Tampa Bay Regional Council. Slosh level 1 is what our CHHA is based on. Slosh levels and flood levels were further discussed.  Commissioner Cornwell asked what surrounding jurisdictions were doing in CHHA areas. Bradenton is currently going through this process as well.  Commissioner Cornwell said that Palmetto is so low, our schools can’t be shelters. Discussions continued regarding stipulations that would need to occur and the need for shelters for evacuations.  Mr. Rayan said it is not the City’s responsibility to provide the shelters. The developer that is seeking these provisions would have to do so.

 

 Commissioner Williams reiterated that this is on for first reading tonight. He thinks these need to come to a workshop before they move forward. He thinks they’re not getting the information properly.

 

 Commissioner Whitaker asked about the CHHA and questioned how the developer could meet these requirements in several ways.    

 

 Mr. Freeman talked about other local jurisdictions and their current plans to adjust their CHHA. He read from the City of Bradenton’s plan from their February meeting.

 

 Commissioner Williams would prefer to see flexibility in the number of units. He asked if P&Z has seen this yet. It will go to them before the public hearing. Mr. Barnebey reiterated that this will come back to them twice after P&Z sees this item.

 

Mayor West adjourned the meeting at 5:53 pm.