Sea Walls
To: Longboat Key Mayor Ken Schneier
Thank you for your excellent questions regarding our full beach access at the June 6th town meeting. One question that did not seem to come up was whether eminent domain could come into play since the Ohana sea wall is obstructing walkers and further eroding the beach there. I’m not sure why the town approved the rebuilding of that sea wall without a codicil that guaranteed access over it, but if it was a mistake maybe the sea wall needs to come down.
Patricia DeChiara
Longboat Key
Sea Walls
To: Patricia DeChiara
Thanks for your questions. We retained special counsel last Fall to explore whether eminent domain could be available and learned that it was not possible in this case. We also learned that the Town did not have the right to withhold permitting of the sea wall reconstruction, but only to ensure that it was accomplished in accordance with code. Unfortunately, the only possible solution open to us seems be one of the very expensive renourishment options discussed Monday, neither of which would be certain to last in that erosion-prone site. We will continue to consider this avenue with our engineers.
Ken Schnieer
Mayor
Longboat Key
MHWL & ECL
To: Tom Mayers
Productive meeting yesterday and thanks for getting in the beach update and work on the “no motorized vessels” zone done prior to recess.
When you have a chance could you send me the maps for the Mean High Water Line and Erosion Control Line for both LBK and AMI? Think it would help me and many of our residents who look to the full walkability of AMI, better appreciate the alignment, as suggested by Deborah.
Maureen Merrigan
Vice Mayor
Longboat Key
MHWL & ECL
To: Longboat Key Vice Mayor Maureen Merrigan
Commissioner Merrigan, thanks for the email. As requested, I attached a copy of the current ECL and MHWL maps for Longboat Key. The staff reached out to Manatee County’s coastal consultant and they provided the AMI attachment. I copied the rest of the Commissioners so all will have access to the information.
Thomas A. Harmer
Town Manager
Longboat Key
MHWL & ECL
To: Longboat Key Town Manager Tom Harmer
Thanks Tom. Can you also share the aerial map that shows where the MHWL was in 1991 when the ECL was designated? I know it’s essentially where the ECL was placed, but it’s very helpful to see it from an aerial perspective. Thanks.
Debra Williams
Commissioner
Longboat Key
MHWL & ECL
To: Longboat Key Commissioner Debra Williams
Thanks for the email. I will follow-up with the staff to see what maps they map have- not sure how much of the island they may have from that year- but will confirm.
Thomas A. Harmer
Town Manager
Town of Longboat Key
Construction site/construction cranes hurricane preparedness
To: Longboat Key Town Manager Tom Harmer
Is there a hurricane preparedness plan in place for the St. Regis construction site? In particular I’m thinking about all the cranes that are located on the site (and remembering that several cranes collapsed in Miami during Hurricane Irma in 2017).
Debra Williams
Vice Mayor
Longboat Key
Construction site/construction cranes hurricane preparedness
To: Longboat Key Vice Mayor Maureen Merrigan
Commissioner Williams, thanks for the email. When a storm is approaching we reach out to the active contractors on the island and remind them to secure their projects. Due to the size of this project, MOSS Construction does have their own tropical weather plans. They have plans and predesignated locations to secure the cranes. Depending on the type of crane and storm threat they would secure it flat on the ground. For the taller tower crane, they may lower or remove sections depending on the potential severity of the forecasted storm. They have a number of other steps they take to secure the overall site from loose debris, etc.
Their on-site emergency management plan has been shared with our emergency management team.
Thomas A. Harmer
Town Manager
Town of Longboat Key
See if we can learn from their experience
To: Longboat Key Commission
This is a video about Johns Pass sand problems as a direct result of beach renourishment projects in their area. Johns Pass is about 4 passes north of Lands End and 10-15 miles north of our Longboat Key Pass. They have been having similar problems with sand build up around docks and other structures in the pass area, like we have here. Please watch this video as it clearly shows progress in a situation similar to the one that we have here. Its is interesting that the video states that the State of Florida will 100% fund the project of removing sand there.
The video is under 2 minutes long and a must watch for Commissioners and Town and County officials here. We are not the Lone Ranger here and research should find and locate passes around Florida that have a similar sand build up problem and join together in our approach on how to solve this problem.
Tom Mayers
Longboat Key
Town bids come in over budget
To: Longboat Key Commission
Bids were due this afternoon for the Phase 2 work at the Town Center. We knew the bidding environment would be challenging with increased costs of materials, labor, and delays in certain materials. So, we were not completely surprised to see that pricing come in well above budget. We did receive bids from two contractors and their base bids before any alternates ranged from just over $2M to almost $2.2M. The base bid included pricing for the Stage- the Stage pricing from the lowest bidder was over $685K before any finish work for the restrooms. The bids were just opened this afternoon so we are still reviewing them and will be prepared to discuss options moving forward as part of the upcoming budget workshop on June 20th.
Similarly, our bidding for fence contractors for replacing the chain link fence at the Tennis Center also closed. We only received one bid and it was double the price estimate and budget ($120K versus $260K). We received comments from the contractor after their bid that chain link material costs have gone up 200% and labor costs have also gone up significantly. They also indicated delays in receiving materials and completing the work. Their proposed schedule would have pushed us well into season for the work to be complete. The staff is still review the bid and options and we will also update the Commission on that project as well at the budget workshop.
Thomas A. Harmer
Town Manager, Town of Longboat Key
Town Center Phase 2 Bids
To: Longboat Key Town Manager Tom Harmer
Wow – we are not even in the ballpark.
BJ Bishop
Commissioner
Longboat Key
How businesses, stakeholders grapple with the threat
of rising sea levels
To: Longboat Key Mayor Ken Schneier
Perhaps LBK should join this to stay better informed of environmental changes
Laurel Gilbert Phillips
Longboat Key
How businesses, stakeholders grapple with the threat
of rising sea levels
To: Laurel Gilbert Phillips
Thanks for this note and your participation at Monday’s meeting. I am not personally familiar with the group you reference, but its territory seems to start about and hour and a half South of us. Meanwhile, we are to receive a report at our June 20 workshop from our sea level rise consultants, Aptim, completing the third phase of our four phase study of sea level issues facing Longboat Key and possible solutions. I hope you are available to attend. You may have also noticed that the Sarasota Bay Estuary Program, with which we are actively engaged, is now including sea level rise among its concerns for the health of the bay. This is and will remain one of our top priorities.
Ken Schneier
Mayor
Longboat Key
Report of Prior Short Term Rental Activity on a Boat
To: Longboat Key Town Manager Tom Harmer
Following-up on the citizen comment at Monday’s Commission Meeting regarding reported prior Short Term Rental Activity associated with a boat in Country Club Shores. In February 2021 Code Enforcement did investigate this activity. The property owner was informed that the reported use was not allowed both for Short Term Rentals and for prohibitions on live-aboard vessels. The case was closed in March 2021, when an Airbnb listing no longer included the Longboat Key address. No additional complaints have been received.
Allen Parsons
Director Planning, Zoning & Building Department
Town of Longboat Key
Report of Prior Short Term Rental Activity on a Boat
To: Longboat Key Commission
There was a comment made at Monday’s Commission Meeting regarding a boat in CCS that was being rented through Airbnb as a short term rental. The speaker did mention that it was some time ago and didn’t know if it was still being rented that way. The staff did confirm that it would be a violation of the Town Code. They previously responded to a complaint back in February of 2021. The owner was contacted and they have not had any complaints since that time- see note below.
Thomas A. Harmer
Town Manager
Town of Longboat Key
Petition regarding private canals
To: Longboat Key Mayor Ken Schneier, Town Manager Tom Harmer
As a concerned homeowner and the HOA President of Country Club Shores I & II, it is imperative that our residents’ voice be heard concerning our shared private canals, and the permanent tethering of large vessels on the outside of a dock structure, extending significantly past the allowance as stated in the 30-foot or 30 percent ordinance.
After many discussions with impacted homeowners, regarding a large vessel in the canal between Sloop and Ketch Lane in Country Club Shores, we have a signed petition from approximately 80% (in process) of the homeowners opposing this method of docking.
We are following the ordinance of 158.099 – “Structures over water “- if the intent is that a “dock” includes the area that the boat is moored and the “boatlift” also includes the boat mooring area, it follows that this ordinance should preclude an owner from permanently mooring a large vessel on the outside of the approved dock structure (we are defining permanent as more than 30 days, but this should be consistent with current ordinances). As an example, the vessel in question has been moored in this manner since November 2021.
It is our interpretation of the said ordinance that this situation is already addressed, however the current language does not provide specific guidelines, which essentially prevents enforcement.
Consistent with other ordinances, we believe that temporarily tethering a boat anywhere on a CCS dock is not an issue, as it is similarly not an issue to have a POD storage unit in your driveway, as long as it is temporary (~5 days limit).
Our concerns are heightened as the homeowner is currently selling his home and promoting the fact that an “80’ vessel/boat “ can be permanently moored on the outside of the dock structure. As you may be aware, Don and Susie Robinson of 500 Ketch Lane who lodged the original complaint, decided to sell their property, primarily due to the lack of ability to address this situation. Their view directly down the canal to Sarasota Bay was significantly affected by the vessels and its use as a “condo on water”, leaving TV’s on, and loud music playing through the night. Three separate agencies were engaged to assist in resolution of the issue, however without specific guidelines, they proved to be ineffective.
We are all concerned this example will only lead to more issues regarding our shared canal waters and the right of all CCS residents to enjoy our beautiful boating community.
Kathy Callahan
Longboat Key
Existing Ordinance- docks and navigability Canal- between Sloop and Ketch
To: Longboat Key Commission
I asked our Police Department to verify status of the conditions in the CCS canal (between Sloop and Ketch) last week. They went out on Thursday and confirmed that the waterway is navigable and not in a violation of State Law or the Town’s current ordinance on the extension of docks into canals. For additional background information I have attached the pictures from the November 2021 site investigation as well as the information from PD from both the November 2021 and June 2022 site observations. I also attached the Town’s existing code language on docks and projection into the waterway. Allen recalls some Commission discussion about boat size during the last update of this ordinance, but the Commission did not include that as there is existing statutory language that governs navigability.
Thomas A. Harmer
Town Manager
Town of Longboat Key
June 20th Workshop
To: Longboat Key Deputy Town Clerk Savannah Cobb
Attached is the handout from the SLHA Drainage Committee for the June 20th Workshop.
I would appreciate it if you distributed attached copy to the Commissioners and the Town
Staff who are attending the workshop.
June McGroary
Longboat Key
June 20th Workshop
Just saw this earlier today. Not sure if they have had any engineering assistance or if they have shared this with the Public Works staff.
The Town staff will be providing their update at the 6/20 workshop with our engineering consultant and we will share a copy of the residents info with them.
Thomas A. Harmer
Town Manager
Town of Longboat Key
HOA and private roads
To: Longboat Key Commission
In April the Town was approached by Bay Isles to explore an agreement with their Homeowners Association and the Town for non-criminal traffic enforcement on their private roads. As a private gated community, the Town does not provide that service currently and under Florida Statutes it requires a formal agreement approved by both the HOA Board and the Governing Body of a local government. This type of traffic enforcement is separate from the current level of patrol and criminal enforcement services that the Town has jurisdiction over now.
The Statute (FSS 316.006 (2)) calls out the authority and certain provisions that should be addressed in a traffic enforcement agreement on private roads. There are a number of examples of similar agreements around the State that both the HOA and the Town staff have reviewed.
We have met twice with representatives of the HOA Board and this week agreed on an approach that is consistent with the Statutory requirements. I have asked the Town Attorney to put the draft agreement in the appropriate form for their HOA to review. If they are in agreement with that language it would ultimately come before the Commission for review and approval.
Bay Isles indicated that their goal is to have something in place before next season. We anticipate bringing this to you after your summer recess.
As part of our one-on-one briefings I will update you on the status of our discussions.
Thomas A. Harmer
Town Manager
Town of Longboat Key
Bay Isles Parkway Traffic Signal
To: Longboat Key Mayor Ken Schneier
While you are considering replacing the signalized intersection at Longboat Club Road and GMD with a roundabout I thought that consideration should be given towards replacing the signalized intersection at Bay Isles Parkway and GMD. This would come after an examination of the volumes and turning movements that occur during different times of day and seasons. I find that most of the time is a waste of time waiting at this intersection for the lights to change and for all the movements to be accommodated.
A roundabout would allow the through and left turning movement from the north to proceed without waiting for a left turn signal. The free right turns from westbound to northbound would continue unaffected by the roundabout as would eastbound to southbound movements and northbound to eastbound movement into Bay Isles Parkway. Maybe FDOT could study this and make their findings to the Commission.
Larry Grossman
Sarasota
Bay Isles Parkway Traffic Signal
To: Larry Grossman
Thanks for your note. We have a long list of projects with the FDOT. The first is creation of additional turn lanes into Country Club Shores, which we hope will be built in the next two years. Next is a roundabout at Broadway St., which has been a dangerous location for some time and is only now in design. Longboat Key Road comes next, which means years, and is likely to take form only when the Key Club begins to move forward with its plan for a second hotel behind the Chart House Restaurant. We are also now planning a “complete streets” design for the entire GMD corridor which will incorporate all of the above as well as increased bike lanes, multi-purpose lanes and safety crossings.
While the traffic light at Bay Isles Parkway is sometimes an inconvenience (I live back there), it can be adjusted for seasons and times of day to minimize delays, and there hasn’t been a groundswell of demand for change. But I will raise your suggestion when we next discuss the matter.
Ken Schneier
Mayor
Longboat Key
Bay Isles Parkway Traffic Signal
To: Longboat Key Mayor Ken Schneier
Thanks Ken. I understand it would be on the back burner but I wanted to just flag the idea for future consideration. All the other projects you mentioned are important and will improve the safety and aesthetics of GMD and the island and rightfully would have priority.
I am amazed at how great Bradenton Beach looks up to 6th Street now that the utilities have been placed underground. That and Country Club Shores show what a remarkable difference the undergrounding projects make to the appearance of the roadway frontages.
Larry Grossman
Sarasota
Hampton Road Project
To: Sarasota City Commission
I was recently made aware of some interest and inquiry by the residents and neighborhood president of Tahiti Park Neighborhood per the development of the two Hampton Road lots.
Its “Do Not Cut” ribbons have been placed in the trees lining Hampton Road but there is also conflicting information that a sidewalk and curb will go in on the South side of Hampton road and remove all of the trees.
Could I please get some clarity on the project: the tree surveys, tree removals, tree mitigation plan, the process and timeline of the project, the site plan, access and traffic plan, stormwater retention, and any other issues of impact and compatibility so that this can be shared with the neighborhood please? Very much appreciated.
Jen Ahearn-Koch
City Commissioner
City of Sarasota
Letter of support
To: Sarasota City Commission
Earlier today, I was contacted by Sally Dionne, who is the District Director for U.S. Congressman Vern Buchanan. Sally asked me if the SBEP’s Policy Board would be willing to write a letter of support for HR 4946, the “Manatee Protection Act of 2021” BILLS-117hr4946ih.pdf (congress.gov). The proposed bill would redesignate the West Indian manatee as an endangered species, under the Endangered Species Act of 1973. Relisting would return the manatee’s status to what it was prior to 2017. The years since its delisting have not been good, as we have lost about 1/3rd of Florida’s east coast manatee population over the last 18 months, mostly by starvation due to the decline of seagrass in the Indian River Lagoon, due to degraded water quality. Conditions have deteriorated substantially since 2017, and the downgrading of the level of concern over the manatee’s future appears now to have been misplaced optimism.
As we have previously reported to you, the year 2021 saw over 1,000 manatees die, by far the worst year on record. So far, the first six months of 2022 have seen an additional 550 die, again mostly due to starvation. Redesignating the manatee as endangered will likely help secure resources and provide protections that would help to stabilize the losses, and hopefully help bring about the programs and projects needed to assist the recovery of Florida’s official state marine mammal (as per the Florida Department of State).
The Congressman would like to have a letter of support from our Policy Board in the next few weeks at the latest. Since our next Policy Board meeting isn’t until September, Don Conn suggested that the quickest way to determine your level of support for the bill would be for me to email all of you, stating my intent to write such a letter of support, and to point out that this designation is consistent with the goals of the SBEP’s Comprehensive Conservation and Management Plan. If the majority of the Policy Board is in favor of supporting this bill, I would craft a letter consistent (but not identical) to the one from our sister agency, the Tampa Bay Estuary Program.
If there is unanimous support for the bill, I would note that as well. If the majority of the Board does not support Vern Buchanan’s bill, no letter will be sent.
Please inform me of your support, or lack thereof, over the next few days, if you would be so kind. Also, to ensure compliance with Sunshine Law guidance, please do not “REPLY ALL” in your email response.
David Tomasko
Executive Director
Sarasota Bay Estuary Program
Letter of support
To: Sarasota City Commission
There were not enough votes to support a Policy Board decision to lend their support to the House Resolution on manatees from Congressman Buchanan. Some members were in favor of providing a letter of support, some did not express an opinion one way or another, and some did not want the Policy Board to interject itself in the issue. However, the guidance I received indicated that a summary of background information about the status of manatees and the challenges they face was appropriate, and so I submitted the attached letter to Vern Buchanan’s office. It does not express support or lack of support for the resolution, but focuses on the facts that have accumulated over the past few years that summarize the reasons why manatees are receiving such high levels of concern.
While the letter does not express support or lack of support for the re-designation of manatees as endangered, it does note the loss of about 1/3rd of the east coast population over the last 18 months, and points out that the main reason for their very high mortality – seagrass loss due to degraded water quality – is not a phenomenon limited to the Indian River Lagoon alone.
I thought it appropriate to note that in our region, we appear to be moving in the right direction, and our recent water quality trends suggest we now have the best water quality we’ve had over the past 5 to 15 years.
I know that some of you wanted more than this, and some did not. I view the letter as a way to find a useful compromise, which is in keeping with our goal of being an entity that brings enough data to the table to help others figure out what they themselves need to do.
David Tomasko
Executive Director
Sarasota Bay Estuary Program
Letter of support
To: Sarasota City Manager Marlon Brown
Could you please place this on the July 5, 2022 City Commission agenda for the Commission to discuss a letter supporting Congressman Buchannan’s House Resolution on HR 4946, the “Manatee Protection Act of 2021” BILLS-117hr4946ih.pdf (congress.gov).
Please include a draft letter of support so the Commission has the full letter of support.
Jen Ahearn-Koch
City Commissioner
City of Sarasota
Letter of support
To: Sarasota City Commissioner Jen Ahearn-Koch
Sorry it couldn’t have been a Policy Board letter of support, but I think the letter from the program provides useful information that Vern can use. However, I’m sure that your proposed action would be highly welcomed.
I will be on vacation during your meeting, but if you need any information prior to that, please let me know.
David Tomasko
Executive Director
Sarasota Bay Estuary Program
Letter of support
To: Sarasota Bay Estuary Director Dave Tomasko
Thanks for you work on this, it is really appreciated. I have copied Mr. Brown on this email so he is aware that you will not be able to attend. Could you send an email with the main points highlighted? I know it is heartbreaking info but that would be helpful.
Jen Ahearn-Koch
City Commissioner
City of Sarasota
Will Siesta Beach disappear by the year 2040?
To: Sarasota City Commission
Over the past 18 months, our work here at the SBEP has mostly focused on issues related to water quality and our natural resources – what is the status of the bay’s health, what do we need to do to preserve and/or restore it, and how much will it cost. I hope that you believe that we have acted with an appropriate level of concern and caution, because our reputation is everything. We aren’t advocates in a traditional sense – our goal is to present the facts, lay out different scenarios and suggested management responses, and give policy makers the information needed to make their decisions. For example, during the period of 2013 to 2019, the bay’s water quality had deteriorated across the board, compared to its healthier conditions during the years 2006 to 2012. That is the basis for our proposed pollutant load reduction goal, which we are seeking to refine and/or revise as we move forward with our Reasonable Assurance Plan. But at the same time, there is no doubt that Sarasota Bay’s water quality is still better than it was in the 1980s, before the SBEP was formed. In fact, concerns by local stakeholders over degraded water quality in the 1980s was the main reason why the NEP was brought to Sarasota Bay in the first place.
Over the next few weeks to months, we will be working with our Technical and Citizens Advisory Committees to develop a science-based approach to addressing the issues of changes in sea level and temperature – and what these might mean for our bay. We don’t plan on deferring solely to complex models or agency reports to tell us what to expect. Instead, we propose that we determine the most likely changes on the horizon by using the best and longest-term data sets specific to our region. For example, we have water quality data that goes back to the 1970s, air temperature data that goes back 100 years, rainfall data that goes back 100 years, sea level data that goes back 75 years, and over 150 years of data on the frequency of tropical storms and hurricanes. We can use these data sources to see if anything is occurring that should serve as a warning that the near future might be different than the recent past. We also want to use data sets that are publicly available, so that you and/or your friends and colleagues can check the numbers yourselves, if you are so inclined. Sea level and temperature and rainfall and other issues are important – and we won’t be able to come up with adequate responses to some of these issues unless there is widespread agreement on the appropriate level of concern. Notice that I used the word “widespread” not unanimous – because even the level of concern about water quality is not something that everyone agrees with.
With that in mind, our plan is to highlight our proposed approach to the upcoming CAC and TAC meetings, and to “vet” our language and conclusions with both committees, prior to presenting our conclusions to our Management Committee, and then to you – the Policy Board. Although our data review is preliminary at this point, and subject to revision, a few highlights include the following:
Based on our existing water quality data in the bay, we do not find evidence of a trend in temperatures in Sarasota Bay
This appears to be due to the influence of rainfall and runoff – when air temperatures climb higher in July and August, summer convective storms appear to cool our water temperatures in the bay
However, there is clear evidence of the Gulf of Mexico getting warmer – particularly in the summer months
Based on a 100-year air temperature data set from the SRQ site, it appears that it is not getting as cold as it used to get
There is a substantial reduction in the number of days per year of freezing temperatures over the past decade, compared to the prior 90 years
Also, and as an example, we used to start August days with temperatures in the 60s, but we haven’t had a single August day that started below 70 in the past 20 years
Related to findings on temperature, the number of tropical storms in the Atlantic and Gulf of Mexico is higher over the past 20 to 40 years, compared to the prior 130 years
In addition, it is much rarer over the past 40 years to not have a major hurricane (category 3 or higher) while it was quite common earlier in the record
Based on 100 years of rainfall data across our watershed, there does not appear to be much of a trend in rainfall – in contrast to findings in other locations in Florida
Based on 75 years of sea level data from the long-term station in St. Pete, sea level has risen by about a foot between the 1940s and 2020
However, half of that increase (6 inches) has occurred over the past 20 years alone
If the last 20 years is used as guidance, the next 30 years would be expected to bring about 8 to 9 more inches of additional sea level rise
This equals about 14 inches of sea level rise between 2000 and 2050
14 inches between 2000 and 2050 is exactly the average of two scenarios from NOAA: the NOAA Intermediate-Low and NOAA Intermediate scenarios.
The numbers presented here are preliminary – we want to show our CAC, TAC and Management Committees how we came up with them and get their feedback. But they are a way to start the process of figuring out what we need to think about addressing – just like we need to consider the impacts of 30 years of population growth, and how that might affect our water quality.
Related to this topic, the attached opinion piece is, I believe, overly alarmist. Based on the best data we have now, there won’t be 2 feet of additional sea level rise by the year 2040. On the other hand, I don’t know anyone with a serious reputation in this field who believes sea level won’t increase further in the near future. But 2 feet in 20 years appears to be not realistic, based on data from local sources and the most realistic estimates from NOAA. Rates may change in the future, which is something to watch out for. But the best statistical fit of sea level data over the past 20 years is not a linear trend, but one that already incorporates a changing rate of change. As such, it makes a lot of sense to continue to check on rates of sea level rise at regular intervals, and to report back to policy makers on any changes we might see over the next few years to decades.
But as we move forward addressing issues of sea level rise and temperature changes, we want to stress that we will be cautious, we will use publicly available data sets for guidance, and we will use the technical expertise of our local residents and the numerous scientists and engineers within both our CAC and TAC to vet any guidance we bring to you.
So, back to the article, wherein the author stated that “Basically, there will be no Siesta Beach by 2040”. Will the beach along Siesta Key “disappear” by the year 2040? Maybe (at least short term) – if we have hurricanes hit our region as bad as the ones that hit other parts of Florida in 1922, 1928, 1935, 1960, 1992, 2004, 2005, and so forth. But will that beach disappear in 18 years because of sea level rise? You’re not going to hear that from us. We will have substantial challenges to maintaining our shorelines and mangroves with expected rates of sea level rise over the next 30 years and beyond. We believe, however, that those expected challenges can be managed, if we act together on these topics, based on a mutual understanding of the appropriate level of concern.
David Tomasko
Executive Director
Sarasota Bay Estuary Program
