Don’t forget to read the fine print.
A contract between the three island cities and the Urban Land Institute was signed, sealed and sent before any city commissioners had a chance to review it.
Further, attorney Steven Dye, who sat in for city attorney Patricia Petruff at an Oct. 28 Holmes Beach commission meeting, has concerns with the document.
Dye told commissioners they should wait to ratify Holmes Beach Mayor Carmel Monti’s signature until the contract could be revised. The contract was not written in the best interest of the city and could obligate Holmes Beach to a portion of the $130,000 cost of the ULI study, the attorney said.
“This is a private agreement between the cities and ULI. They are a private entity and could take legal recourse to get their portion of the money,” Dye said.
It was previously agreed between the island mayors that a portion of Manatee County’s beach concession funds — unbudgeted funds paid by the concessionaire to the county — be used for a comprehensive community study. The expenditure was approved by county commissioners in September.
However, none of it is in writing. A contract exists between Anna Maria and the county for reimbursement of a $60,000 payment, but the only record of the county agreeing to pay for the study is the September vote.
“This is written in a way that Holmes Beach is liable when a third party is supposed to be. Right now the document doesn’t reflect the intent of the parties. There’s a verbal agreement that is not reflected on paper,” Dye said.
The three city commissions also need to retroactively ratify the mayors’ signatures.
Monti, Bradenton Beach Mayor Bill Shearon and Anna Maria Mayor SueLynn signed the contract during an Oct. 20 Coalition of Barrier Island Elected Officials meeting.
According to Dye, the mayors do not have the authority to “bind” their cities to such an agreement without approval by their respective commissions.
Holmes Beach Commissioner Jean Peelen urged fellow commissioners to ratify Monti’s signature, saying there is an expectation the county will reimburse the cities and the study would be less effective the longer it is delayed.
Other commissioners expressed apprehension at signing a document against the advice of the attorney. Commission Chair Judy Titsworth suggested a special meeting be held Oct. 30 to discuss the issue further after the other cities’ mayors could be contacted.
Commissioner David Zaccagnino moved to table the issue and hold a special meeting, and Commissioner Pat Morton seconded the motion.
At the Oct. 30 special meeting, Holmes Beach commissioners learned the document — and a $60,000 check — had already been submitted to ULI by SueLynn.
At the special meeting, Petruff recommended the city take no action since the contract and first payment for the study had been sent.
“This was all just a big waste of time. The contract is already sent,” said Peelen.
Petruff said she had not reviewed the contract and she had difficulty receiving a copy of the contract. City clerk Stacey Johnston said she did not receive a copy of the contract until Oct. 28, the day of the first commission meeting.
Anna Maria commissioners ratified SueLynn’s signature at a commission meeting Oct. 23. However, Anna Maria is in a different contractual boat than Bradenton Beach or Holmes Beach. SueLynn allowed Anna Maria to be the point of contact regarding the study for the county and the ULI. Part of that responsibility included getting the mayors to sign the agreement and send the first installment of $60,000. Anna Maria has an agreement with Manatee County to be reimbursed for the $60,000 payment.
Anna Maria city attorney Jim Dye told commissioners at their Oct. 23 meeting that an additional interlocal agreement would not be necessary.
The contract in question asks the $130,000 be paid in installments of $60,000 when the agreement is signed, $60,000 when the ULI panel delivers its recommendations following the week-long study and $5,000 when the final report is submitted to the cities.
According to Shearon, Bradenton Beach commissioners ratified his signature.
Yet another issue is the selection of a preliminary committee to meet with ULI representatives.
According to Shearon, a meeting date is set for Nov. 13 between the three mayors and three citizens from their respective cities. Two of the three mayors’ seats are up for re-election Nov. 4, but the newly elected mayors will not be sworn into office until later in the month.
Monti, who is not running for re-election, said he plans to attend the meeting with his appointed city representative since the new mayor will not have been sworn in.
“I’m very interested in the ULI project and want to help out wherever I can,” Monti said.
Monti said he had not chosen Holmes Beach’s representative for the Nov. 13 meeting. SueLynn chose Anna Maria resident Tom Aposporos and Shearon has chosen Rick Bisio.
According to Shearon, he, SueLynn, Monti and their appointed representatives will only meet with ULI representatives for the preliminary meeting Nov. 13. A panel of 20-30 stakeholders from the cities will be chosen later by the city commissions.