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Vol 5 No. 30- April 13, 2005

Sandbar plan debated

Missing child found unharmed

Reopening of city pier moves closer

Planners review criteria for variances

Some ADA violations remain at city hall

Mowry’s Haitian trip a success

Stoddard’s book a how-to for life

 

 

 

 

Sandbar plan debated

By Laurie Krosney
sun staff writer

ANNA MARIA — For nearly three hours Monday night, city commissioners listened to arguments for and against vacating the alleyway just to the east of the Sandbar Restaurant.

Restaurateur Ed Chiles is offering to give the city a similar parcel of land further to the east and turn it into a landscaped public walkway that would connect the two beach accesses at the north and south end of the restaurant property.

Monday’s first reading of an ordinance authorizing the alley vacation and swap followed the recommendation by the city's planning and zoning board to approve the trade in preparation for hearing the final site plan for the improvements to the restaurant and its grounds.

Attorney Ricinda Perry, representing Chiles, told commissioners that the entire plan was driven by a federal court order requiring the Sandbar to come into compliance with the Americans With Disabilities Act.

"Mr. Chiles has to add two handicapped accessible restrooms and legal handicapped parking spaces," Perry told commissioners. "To do this, he has to be able to use that alley adjacent to his building."

According to city codes, there are four criteria that must be met to grant an alley vacation: 1.) The request has to be consistent with the comprehensive plan. 2.) The property requested for vacation does not provide sole access to anyone's property. 3.) The vacation wouldn't jeopardize the location of any current or future utility, and 4.) The proposed vacation is not detrimental to the public interest.

It was that final requirement that caused the most discussion.

Commissioner Dale Woodland said it was his opinion that the final criterion opened the door to broad discussion.

"Am I correct in interpreting the public interest very broadly," City Woodland asked City Attorney Jim Dye.

"The fourth issue which Mr. Woodland brings up is a large issue," Dye replied. "You are looking at the welfare of the city as a whole. There is no instruction to vote one way or the other."

Commissioners heard from city staff and their, a planning consultant, Allen Garrett as well as from Perry and Chiles' planner, Jim Farr.

Most of the public comments were from residents who fear that vacating the alley may allow Chiles or some future owner of the property to expand and enlarge the restaurant or perhaps put something else entirely on the property.

Commissioner Duke Miller asked if the city could add some stipulation that the restaurant not be enlarged.

Dye said nothing would prohibit that, but that the land use regulations already in place would trigger hearings before the planning board and the commission.

Since this was a first reading there was no vote.

The second reading of the ordinance and a hearing on the site plan proposed for the restaurant is set for May 19 at 7 p.m. at city hall.

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Missing child found unharmed

By Pat Copeland
sun staff writer

HOLMES BEACH — A visiting Minnesota family is breathing a collective sigh of relief today after their 6-year-old son wandered away from them on the beach Friday but was found unharmed an hour later thanks to quick action by city police.

John and Jennifer Feltl and their two children, of Minneapolis, had been staying in a condo on the beach at 69th Street for the past week. On Friday about 11:15 a.m., the family was preparing to go to lunch.

"We had been fishing on the beach the day before and after lunch we were going to go fishing," John said. "Our son must have focused on the fishing part and broke out ahead of everybody else. He was not there when we got to the bottom of the stairs."

The Feltls searched the area, then called police and the hunt began.

When a six-year-old decided to take a hike down the beach without his family last Friday, it triggered a remarkable system the police department can access called "A Child is Missing" to help find lost and missing children.

"When a child is missing, we call an 800 number and give them the details," Police Chief Jay Romine explained. "Within a matter of minutes, they begin to call all the listed phone numbers in Holmes Beach with the information. People get the call and immediately go out with their cell phones. There are so many things that can happen. The quicker you can find the child the better."

John and Jennifer Feltl and their two children, of Minneapolis, had been staying in a condo on the beach at 69th Street for the past week. On Friday about 11:15 a.m., the family was preparing to go to lunch.

"We had been fishing on the beach the day before and after lunch we were going to go fishing," John said. "Our son must have focused on the fishing part and broke out ahead of everybody else. He was not there when we got to the bottom of the stairs."

The Feltls searched the area, then called police and the hunt began. Holmes Beach police called on Bradenton Beach police, the Manatee Sheriff’s Office and Manatee County Marine Rescue and initiated the child alert system. The city’s public works employees joined the search. MSO sent a helicopter and a K-9unit was on its way. Police also notified trolley drivers.

"Officer Henry "Chip" Frappier was the first on the scene," John recalled. "He did a great job. He was communicating with us about what was gong on, and within 30 minutes, we had information back to us."

According to the police report, Frappier walked north along the beach alerting beachgoers about the child. One of the families he had spoken to saw the child and waved to the helicopter. The pilot then alerted ground units, which located and picked up the child.

"We could not imagine that he went so far so fast," John said. "We got real lucky. It was very scary. The Holmes Beach Police Department did a phenomenal job. I can’t say enough about them. We’re lucky that they have a system in place that resulted in finding him within an hour and 15 minutes.”

According to Romine, the department signed up for A Child is Missing three years ago, but this it the first time the service has been used. Residents who received the call flooded the police department and city hall with calls offering to help. For those residents who said they were not called, Romine said once the child is found, the calls are stopped.

"They didn’t get all the way through the alphabet because we found him," Romine said.

A Child is Missing is headquartered in Fort Lauderdale and is a not-for-profit organization, which has served law enforcement since 1997. The service is free to law enforcement agencies.

"You have to plan for the worst and pray for the best," Romine said. "Today the system worked like a charm."

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Reopening of city pier moves closer

By Tom Vaught
sun staff writer

BRADENTON BEACH – Good news for anglers; the city commission has taken steps to get the pier safe for fishing soon, although the restaurant won't be back in operation for some time, according to Commissioner Bill Shearon, who is overseeing the project.

The commission voted last Thursday to approve spending not more than $3,800 to have LaPensee Plumbing, of Holmes Beach, refit the public restrooms with professional equipment. The restrooms, which were open 24 hours a day, had been targets of vandals on an almost nightly basis until the city closed the structure and erected a gate to keep people out.

The commission also voted to put out a request for bids from contractors for temporary repairs to the restrooms including reinforcing the sub-floors, installing vinyl flooring, repairing or replacing entrance doors, repairing the walls, replacing handrails and light fixtures. The city's public works department will stiffen the posts to the handrails along the pier and secure the handrails.

The commission approved a request for bids for a survey of the pier, the clock tower, the parking lot and a city-owned "dinghy dock" located at the entrance to the parking lot.

Commissioner Lisa Marie Phillips asked why they are moving so quickly when she thought there might be grant money available to help pay for it.

"I've always been hesitant when it comes to surveys, but there have been questions as to where the property line it," said Mayor John Chappie.

The commission also approved a contract with O'Brien and Smith Architecture, LLC, of Bradenton Beach, to develop an overall plan for the pier, although that plan won't have anything to do with getting the pier open to fishing as soon as possible. It will, however, determine what the city can do as far as rebuilding the structures on the pier or replacing them.

The city closed the pier when an initial survey of the structure showed it was dangerous. The survey report also said it appeared the restaurant and enclosed bait shop areas were not worth saving because of their design and their condition. The city also ended its contract with the franchisees who were there after winds from a hurricane in the area tore off a portion of the roof to the restaurant, which led to more damage to the walls and flooring.

The city wants to open the structure to fishing soon because of complaints from residents and visitors. It is also under the gun to get the restaurant ready to lease to a franchisee, citing a requirement that it not be closed for more than a year in order to keep its restaurant permit. The deadline is Sept. 9. Shearon said he felt there was no way they would have the restaurant in operating condition by then, but he said City Attorney Ralf Brookes had told him the state department that issues licenses would extend the deadline if they felt the city was making progress toward that end.

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Planners review criteria for variances

By Pat Copeland
sun staff writer

HOLMES BEACH — Planning commissioners last week discussed whether to allow variances for building height while working on revisions to the city’s land development code.

"It’s a really policy decision for the city commission and yourselves," City Planner Bill Brisson told them. "Do you wish to allow some form of flexibility in height? Right now, there is a height limit of two stories and 36 feet above the crown of the road."

Brisson said the city could maintain its current policy by keeping the impervious surface coverage at 40 percent and allowing variances to the physical height but not the number of stories. The other option would be not allow any variances to height.

"Seaward of the coastal construction control line, the DEP (Florida Department of Environmental Protection) is moving up the distance from sea level to the lowest horizontal structural member," board member Mike McCaleb pointed out. "They’ve bumped it up almost two feet. That needs to be addressed as a potential problem because people are going for variances on that issue. They might go up again."

Chairman Sue Normand said the city commission discussed that issue in depth and did not change the city’s height standard.

State regulations
"Allowing for flexibility helps with the ‘what if,’" board member John Monetti noted. "What if they raise it another two feet? It would take us a long time to discuss and deal with it.

"I think there’s a general consensus among us that we want our homes to look as they do; we don’t want to go above that two-story. But the time may come through circumstances outside of our own control where it might be helpful to have some flexibility."

Normand asked if the commission could add a provision to address a change in DEP regulations if it decided on the no flexibility option.

Brisson said it would take a year for the city to change the comprehensive plan to address a change in DEP regulations and noted, "I think you could put something in there along the lines of ‘except should the state increase the minimum first floor elevation.’"

"If the base flood elevation changes, could the city commission consider an ordinance to allow for variances? board member Gary Hickerson asked.

"Rather than making it automatic," Normand added.

"I’m not sure you could do that," Brisson responded. "I’d have to check with the attorney because what you’re essentially doing is passing your own instant change to the comp plan."

He said he would check with the attorney about having a temporary emergency provision to take effect until the comp plan could be amended.

Practical difficulties

Brisson said the city’s code allows for practical difficulty in addition to hardships for granting variances, but the code does not define practical difficulty.

"Practical difficulty is better than hardship in some ways," Brisson said. "Any hardship qualifies as a practical difficulty, but a practical difficulty is not a hardship."

A practical difficulty standard requires only that the applicant demonstrate an inability to secure one permitted purpose, while the unnecessary hardship standard requires the applicant to demonstrate that no permitted use within the district can be secured, Brisson said.

The other recommendation Brisson made was to clarify the special conditions and circumstances standard.

"It’s real important that the unique circumstances relate to the land," he explained. "It’s supposed to be something that’s not typical in the zoning district. If there are a lot of properties in the same situation, maybe you need to look at the zoning district regulations, unless you’re trying to eliminate certain situations."

Brisson also recommended adding a provision that the practical difficulty or hardship did not result from actions of the applicant.

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Some ADA violations remain at city hall

By Laurie Krosney
sun staff writer

ANNA MARIA — There are still some problems with compliance with the requirements of the Americans With Disabilities Act at city hall, but for the most part, the building is in compliance with the dictates of the 1974 act.

Ed Lopacki, an attorney who is himself wheelchair-bound as a result of multiple sclerosis, came to city hall April 8 to check out the facility.

"There's nothing glaring or too bad," Lopacki said, "But there is an issue with signage."

When the administration moved back into itsnewly remodeled building in October of last year, signs indicating the location of the handicapped entrance and other facilities should have been posted.

"But there are no major modifications necessary to come into compliance," Lopacki said.

The city falls under Title III of the act, and regulations are not quite as strict as they are for the private sector, which falls under Title II of the act, according to Lopacki, who has been on ADA compliance advisory boards for years.

"I was expecting something much worse," he said. "If you get the signage up, you're pretty much OK."

Lopacki said he did have to check on access to the building department. People wanting to go to that department must use a separate entrance. That door has a step up into the offices, and therefore is not ADA compliant.

To get to the building department, a person in a wheelchair or who is otherwise unable to use stairs, must go into the administrative offices, through a kitchen area and into the building department.

The law specifically mentions that requiring a handicapped person to go through a kitchen area is prohibited, Lopacki said. But he said that since the kitchen area is open and not closed off to public access, it may be all right.

He said he'd check on it and get back to Mayor SueLynn to let her know if access to the building department is all right as it is now.

Another issue was access to the dais where city commissioners sit.

"I'm not sure where it came from," SueLynn told Lopacki. "But we got permission from someone connected with the ADA to leave the steps in place since it would have required a 40-foot ramp to the dais to make it accessible."

"That doesn't sound right to me," Lopacki told the mayor. "I've never heard of something like that."

The mayor said she'd find out where the waiver for dais accessibility came from and get back to Lopacki.

Everything in the sheriff's substation in city hall, including the outside entrance is in full compliance, according to Lopacki.

Lopacki asked the mayor who the city's compliance officer is.

"I don't know that we have one," SueLynn said.

"Every municipality has to have one — a sort of point person," Lopacki said.

"This is the first I've heard of that," the mayor responded. "I guess it should be the building official. Mayors come and go, so it should probably be someone on staff."

Lopacki had been called out to city hall to check on the compliance with the parking regulations.

"The spot off Pine Avenue is all right as long as there is some signage telling people where to go. I wasn't at all sure where the entrance was," Lopacki said.

"Everyone has that problem," SueLynn remarked. "No one can figure out where the entrance is."

Lopacki said the signage should be up now, and the city really shouldn't wait for next year's budget.

The mayor said she has approval to spend the money now.

The city's other handicapped parking space which is located in a lot along Gulf Drive is not in compliance, because it's in a shell lot, and it must be on a surface that someone in a chair can wheel easily across.

You need one handicapped parking space for each 25 regular spaces, according to Lopacki.
The mayor said she wasn't sure how many spaces were on the city hall campus.

Other issues remain with the Island Players building and the AMI Historical Society facility.

"Everything the city owns should be in compliance," Lopacki said.

When asked if the city had any liability issues with these properties being out of compliance, he said it did.

"Under 'kitchen sink' lawsuit practices, people today sue anyone and everyone who's remotely connected to make sure someone pays," he said.

Attorney Ed Lopacki consults with businesses and governments on the dictates of the ADA requirements. He can be reached by phone at 792-8244 or by e-mail at lopackilaw@aol.com

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Mowry’s Haitian trip a success

By Pat Copeland
sun staff writer

HOLMES BEACH — Earl Mowry has returned from another successful trip to Haiti to oversee the distribution of supplies and aid the people living in the coastal village of Cap-Haitien.

"It was a wonderful trip," Mowry said. "When you go to Haiti, always expect the unexpected, and you won’t be disappointed."

Mowry was referring to the fact that in early March he shipped 1,300 pounds —10 boxes containing toiletries and toys, clothes, construction materials, tools electrical supplies and school supplies. He arrived March 10 to distribute the supplies and found they had not arrived.

The absence of the boxes didn’t deter Mowry. He had plenty of other tasks to accomplish such as purchasing tile to complete the Madeline church that he and others began building in 1999 and purchasing land for the pastor’s home.

Past donations had helped build the church to replace the straw hut the people used for worship and purchase property adjoining the church for a schoolhouse. Included in the shipment that hadn’t arrived were four sets of tables and chairs and a dozen extra chairs for the school.

"I took laminated sheet music of "Jesus Loves Me" for a music lesson," Mowry said. "On Saturday, I had 20 kids and in 10 minutes they knew the song in English! They just loved that song."

Sunday was filled with various Sunday school classes and church services. One couples group met to discuss community and world events. Mowry said he was asked to deliver the sermon at the evening service and spoke about choices.

"On Monday, I bought the tile for the church and deposited money in an account to purchase the land for the pastor’s home," he said. "I got the tile up to the church and we began laying it. The women carried all the water in containers on their heads. The water was for the masons to use, and they carried enough to fill four 55-gallon barrels."

Monday night is family church night. The people go to someone’s house for a service in order to take the church into the community.

"On Wednesday, I was laying tile and was told to go home and clean up for a party," Mowry said. "They had a surprise birthday party for me. The children sang songs in Creole and then they sang "Jesus Loves Me" in English."

On Thursday, Mowry returned to the Island and noted, "A lot of things were accomplished. We have a closer relationship with the Haitian people with the love we brought and all the things we sent."

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Stoddard’s book a how-to for life

By Cindy Lane
sun staff writer

Reading Alexandra Stoddard over the years, I’ve come to regard her as a favorite aunt dispensing heartfelt advice from a richly-lived life.

Twenty-three books ago, she began writing about decorating homes. A New York interior designer, she gradually began to focus more on living in homes than on adorning them, eventually evolving into topics examining how to beautify the art of life.

Her books are beautiful works of art themselves, each with unique color combinations (this one is blue ink with green accents for quotations; another sports lavender ink with blue quotations). The paper, even the book jacket, is soft to the touch and even smells good – one wonders if she stores them in potpourri before distributing them.

It all reflects Stoddard’s commitment to beauty as a way to give life more meaning. She writes her books longhand with a fountain pen on fine paper from a desk with a view of her rose-covered Connecticut white picket fence.

Her attention to such detail is one of the philosophies she espouses in her newest book, “Things I Want My Daughters to Know: A Small Book About the Big Issues in Life,” dedicated to her two grown daughters, Alexandra and Brooke.

But lest you think she’s Stepford Wife-perfect, Stoddard has acknowledged that you can take that philosophy too far in another book, “The Art of the Possible, the Path from Perfectionism to Balance and Freedom.”

Her advice to her daughters, which she writes are things she wishes she had known earlier in life, include "find work you love that supports you financially," "avoid joint accounts and shared finances with anyone," "unplug technology with no apologies" and "when you discover something you love, stock up."

One of my favorite chapters is Living Takes Time, in which Stoddard quantifies a common experience – everything takes more time than you think it will. The lesson? Don’t schedule too many difficult tasks in one day or you will make yourself crazy. Leave something undone once in a while to do something more meaningful, she suggests. "Living takes time. Use all there is. Linger in the shower. Stare at the ocean waves. On your evening walk, look up at the stars. Take time to feel humble at the miracle of being here."

A related chapter explains the virtue of building buffer time into your day, to allow for inevitable delays and give you free moments to revive yourself.

Her last chapter is a gem because it practices what she preaches. "Make your point. Sit down," she writes at the end of the book, with what one imagines is a playful smile.

It’s a book that will make readers smile too, whether they’re mothers, daughters, or anyone looking for ways to live happier lives.

 

 

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