The Anna Maria Island Sun Newspaper

Vol. 15 No. 15 - February 4, 2015

headlines

Residents hammer parking plan

HOLMES BEACH – Although city commissioners took the item off the agenda last week, they allowed people who had come to oppose the Island Congestion Committee’s parking proposal to speak at both the Tuesday’s work session and Thursday’s meeting.

The committee’s proposal is to eliminate street and right of way parking in residential zones R-1 through R-4, except for residents, property owners and renters that obtain decals from the city.

Chair Judy Titsworth said it was taken off the agenda because the city is working with Manatee County to make sure there is enough parking to qualify for beach renourishment and she added, “I consider this a huge change, and we want to make sure it will solve our problems.”

79th Street residents speak

Several residents of 79th Street came to Tuesday’s work session to object to the plan.

Rose Mary Patterson said she was attending with four other residents of 79th Street who share her sentiments and said, “We have no parking problem. What’s being proposed doesn’t apply to us.”

She asked if the question would be on a ballot for a vote.

“No. It won’t be on the ballot,” Titsworth responded. “It’s a proposal. Our planner is looking into it, and we asked the attorney to draft an ordinance because that brings out things we may not see. We’re at the very beginning to see if it’s feasible.”

“If there is no parking problem in front of your house, why would you want to buy a permit?” Patterson asked. “I put shell parking in front of my house for my guests and people knock on my door and ask if they can park and walk to the beach.

“I say, “Help yourself. Enjoy the beach.’ They don’t run over my plants, they don’t leave garbage or human waste. No one in my immediate area has parking problems from my home all the way to Marina Drive.”

Wendy Holcomb, of 79th Street, agreed with Patterson and said, “I don’t like the idea of paying $10 for vehicles to park in front of my home or for my guests. The things I’m reading in the paper are scaring me.”

Commissioner Jean Peelen said it is “being turned into an issue of those people over there that have a problem. People have been coming to me and saying it’s not just a beach problem, but also one for streets with houses with three or four of those rental houses with four to eight bedrooms.

“They have to have eight parking places but there’s 30 people and whatever number of cars parked up and down the street. People are pleased that we’re thinking about restricting parking on the right of way.”

More objections at meeting

Perico resident Ed Siemaszko said he and his wife come to the beach at 48th Street a couple of times a week and stressed, “I assure you I have never dropped a diaper or a used condom or left trash anywhere. I have never seen the horrible descriptions that some local residents claim people leave there.

“If you enact this proposal, I’ll have to find somewhere else to spend my money. Excluding non-residents from the beaches is a bad idea. It’s not the solution to your parking problem. It’s a boldface arrogant attempt to transform the public beach adjacent to Holmes Beach into the private playground for beachfront residents.”

Jerry West, a member of the city’s beautification board, said the plan will inconvenience many people, and the committee has not done enough planning and study on the issue. Alan Wurzbach agreed and said the committee has not prepared a proper summary.

Resident Sue Wheeler said if the rentals are causing a problem, make renters park on the rental property, and if the residents on some streets are having a problem, address those streets, not the entire city.

“There is no problem in my neighborhood. Why should I have to pay to park in front of my house?” she asked.

Deb Wing, of the AMI Chamber of Commerce, said the Chamber promotes tourism and pointed out, “We are trying to keep access to the Island free – the trolley, the bridges, the parking. We have major competition for tourists, and we gain those people by giving them free access.”

Titsworth advised residents to watch for the issue to return to the agenda and write letters stating their opinions.

Mayor suggests non-voting mayor

BRADENTON BEACH – Mayor Bill Shearon suggested the Charter Review Committee (CRC) amend the city charter in a manner that would alter the structure of the city government and redefine the roles of elected officials, but his method of communicating these ideas raised questions about adherence to previously discussed commission policy and Sunshine Law compliance.

Non-voting mayor?

Shearon suggested the city switch to a non-voting strong mayor, who serves as administrator and part-time city manager, taking direction from five at-large commissioners, one of whom would serve as commission chair.

The current structure consists of one commissioner from each of the four wards, and a voting mayor who serves as chair and administrator.

The mayor’s position pays $9,600 a year. Shearon suggested a salary increase for a hybrid mayor-manager who could serve three consecutive three-year terms, while commissioners remain limited to three two-year terms.

Other suggestions include limiting the number of times an absent commissioner can participate via video conferencing and requiring voter approval to sell, buy, vacate, or lease city property.

Message delivered

Shearon presented his “CRC considerations” in an e-mail sent to committee chair Rick Bisio on Tuesday, Jan. 27, one day prior to the volunteer committee’s first meeting. He also sent it to City Attorney Ricinda Perry, the city clerk and Commissioner Jan Vosburgh, the commission’s CRC liaison.

His e-mail signaled a departure from procedure discussed earlier this month when the CRC was formed. At that meeting, Shearon agreed with Perry and Vice Mayor Jack Clarke that commissioners should submit their written suggestions to Vosburgh during commission meetings or work sessions, and Vosburgh would deliver them to Bisio.

Bisio did not mention the e-mail at Wednesday’s CRC meeting, which dealt mainly with organizational and procedural matters.

Ideas explained

Thursday morning, Shearon discussed his suggestions.

Addressing the idea of a non-voting mayor, he said, “This takes the mayor out of the legislative loop. The mayor would carry out policies and procedures legislated by the commission, and the mayor could talk to commissioners and commissioners could talk to the mayor, like they do in Anna Maria and Holmes Beach. That way you can get things done.”

If voting wards were eliminated, Shearon believes voters would still ensure that one area of the city is not over-represented or under-represented.

Shearon was asked why he did not present his suggestions at a public meeting, as previously discussed.

“It’s very cumbersome. I would have to fill out an agenda request and have back-up. I just exercised my right, just as any other citizen, to provide information to the committee,” he said.

When asked if he felt directly e-mailing Vosburgh was a Sunshine violation, Shearon said, “We did not have a two-way communication. I can send anything to any commissioner I want; that’s my right. It would be a Sunshine violation if Jan responded. Then it’s a two-way communication, and the violation is hers. If I respond to her response, then both of us are in trouble,” he said.

Shearon’s e-mail did not include a “do not respond” disclaimer, but Vosburgh did not respond.

Delivery questioned

Clarke was among those to express concern about the mayor’s actions.

“Based on the discussion we had at the Jan. 8 meeting, it was my understanding that we developed a clear-cut path of communication with the Charter Review Committee that would not violate Sunshine Law. Mayor Shearon unilaterally chose to circumvent that. In addition, by sending an e-mail and copying it directly to a sitting commissioner, who is in a position to vote on the finished product, this could be a violation of Sunshine Law,” Clarke said.

During Wednesday’s CRC meeting, Perry reminded the committee that they too are subject to Sunshine restrictions regarding communications outside of a public forum.

Afterwards, when asked about Shearon’s e-mail, Perry said, “For two or more elected officials or committee members to communicate verbally or in writing on the content of the charter review work product outside of a public meeting could result in Sunshine violations, because the committee will be presenting it to the commission for official action.”

More legal opinions

Michael Barfield, a legal consultant for a firm that specializes in Sunshine litigation, agrees.

“I believe the city attorney is correct. The Florida Attorney General has warned about one-way communications between public officials and strongly discouraged them. The mayor’s cavalier attitude about the Sunshine Law is very risky. The law applies to every step in the decision-making process, and one-way communication is certainly part of the process,” Barfield opined.

Attorney Robert Lincoln included two alleged Sunshine violations in a lawsuit filed against Shearon last year, and he weighed in on Shearon’s interpretation of what constitutes a violation.

“There are opinions from the Attorney General that indicate that an e-mail from one commissioner to other commissioners that is maintained as public record and does not directly solicit a response is not a violation, unless other commissioners reply. But, it comes with clear warnings: if a commissioner replies, both are in violation because both engaged in the discussion, and in my view, the commissioner who solicited the discussion is more culpable. The Attorney General’s office has also been very critical of the publication of positions to other commissioners. He is playing a dangerous game,” Lincoln said, noting that he supports the idea of a non-voting mayor.

Mayor receives recall petition forms
Anna Maria Island Sun News Story

joe hendricks | sun

With recall petitions in hand, Police Chief Sam Speciale
asks Mayor Bill Shearon to join him at the rear
of the clerk’s office so the hand-off can take place out
of the public eye.

BRADENTON BEACH – On Thursday morning, Police Chief Sam Speciale presented Mayor Bill Shearon with an envelope containing copies of the 109 verified recall petitions that signify a successful first step in the efforts to force a special election that would determine whether the mayor is removed from office before his term expires in November.

The exchange took place at the rear of the city clerk’s office, out of sight from the public.

Headed by former Commissioner Pete Barreda, the Committee to Recall William Shearon needed at least 100 verified signatures from registered Bradenton Beach voters in order for the recall process to continue.

A representative of the Manatee County Supervisor of Elections returned the petition forms to the clerk’s office Thursday morning, and acting City Clerk Terri Sanclemente made certified copies to present to the mayor.

Ten of the 119 petitions submitted to the elections office were rejected due to improper dates, outdated addresses, or signatures that did not match those on record.

These events took place on the morning after Shearon’s 101-year-old mother, Louise, passed away.

He was given five days to resign or provide a 200-word written rebuttal to the original petition charges that allege he twice violated state Sunshine Law in respect to communications with other commissioners.

Shearon said he would not resign, which meant he had until Tuesday to submit his rebuttal to the clerk.

The rebuttal will accompany the original charges on an updated petition form, and the recall committee will have 60 days to submit the signatures of at least 15 percent (119) of the city’s 791 active registered voters.

Those who signed the first petition can sign again.

If at least 119 signatures from the second petition drive are verified by the elections office, Shearon will again be given five days to resign. If he chooses not to, the chief judge of the circuit court will order a special election to take place not less than 30 days or more than 60 days after the five-day period expires.

Shearon said he was not surprised the recall committee successfully gathered the signatures needed to proceed.

“I had more than 100 people vote against me,” he said, referring to the 2013 election in which he defeated incumbent Mayor John Shaughnessy by a 149 to 132 margin.

If a special election takes place, Shearon said he intends to place himself on the ballot as a replacement candidate for himself, should he be removed from office.

It was generally assumed that Vice Mayor Jack Clarke would take over as mayor if Shearon was ousted, but citing state statute, Shearon noted that additional candidates are allowed to appear on the recall ballot.

According to state law, the ballot would read as follows: “(name of person) should be removed from office” or “(name of person) should not be removed from office,” followed by a list of potential replacement candidates.

“I have a lot of supporters and this will be like running a campaign,” he said, of a potential mid-term special election.

Shearon said that regardless of what happens with the recall effort, he will run again in November.

“I’m not going anywhere,” he said.

Moratorium approved on first reading

HOLMES BEACH – City commissioners approved a moratorium ordinance on first reading at their meeting Thursday’s. The second reading will be Feb. 10

The moratorium is in effect in the R-2, R-3 and R-4 zoning districts; includes remodeling or new construction of residences with four or more bedrooms or sleeping rooms, with four per side for duplexes; and will be in place for a maximum of nine months. The effective date is Jan. 15.

City Attorney Patricia Petruff said there are seven pending permit applications that were submitted before Jan. 15, and they will not be affected.

At Tuesday’s work session, resident Dan Diggins had asked, “Four bedrooms is not a mega house. What problem are you trying to solve with the moratorium?”

Commissioner Marvin Grossman replied, “It gives all citizens an opportunity to come up and talk and speak feely, and then we can make some intelligent decisions based on the information. We don’t have the answers right now.”

“Our neighborhoods are being destroyed because the houses being built are only for rental purposes with tiny bedrooms and bathrooms and small living spaces,” Commissioner Jean Peelen added. “They were never intended for families or retired couples to live in.

“They are destroying the residential neighborhoods. We’re losing our snowbirds, retired couples and potential residents. There’s a drastic change in our community and what I would consider the destruction of our residential community.”

Commissioners will be discussing the moratorium at every Thursday work session beginning Feb. 12.

Mayor explains why he pulled the plug

tOM VAUGHT | SUN

City Pier Park before workers took away equipment
and machinery after the job was cancelled.

BRADENTON BEACH – When Mayor Dan Murphy cancelled a dredging job that would have allowed the contractor to leave the spoil from the dredging on City Pier Park all summer, he got some complaints.

The unexpected news that C&M Dredging, of Ellenton, was going to dredge out Lake LaVista and leave the dredged material, called spoil, on City Pier Park in bladders while it dried until August was unacceptable to Murphy, according to a letter to Manatee County Commissioner Carol Whitmore.

The project, which was financed by the West Coast Inland Navigational District (WCIND), was not a collaboration with the county government, as Murphy earlier thought.

In his letter to Whitmore, Murphy said that in the 2011-2012 time frame, the city requested the county help dredge portions of Lake LaVista. That request was forwarded to WCIND, which put out a request for proposals and obtained the necessary permits without informing the city of what was being requested and what its impact would be.

“This was all handled by WCIND in what was an apparent information vacuum,” the letter said.

Murphy said the city was not informed of who the winning bidder was or when the project would commence. He said the city was surprised when the contractor unloaded equipment to start the project a few weeks ago.

“In 2012, the city agreed to allow the use of a small portion of our ‘dead tree park’ (which we are currently trying to develop) for 30 days to accomplish the work,” according to the letter. “When the dredge company arrived in January 2015, we were informed that WCIND had allowed the use of the entire park, not just the space we had agreed to in 2012. Secondly, I was informed that they would be placing the bladders in the park to allow affluent to be processed and the bladders would be in place until August.”

Murphy said the spoil would smell foul in the heat of the summer.

In addition, Murphy included a letter to residents around Lake LaVista from C&M Dredging offering to dredge out areas behind their homes at a cheaper rate since the equipment would already be there. The letter was dated Jan. 20, 2015.

“The budget for this project was $60,000,” Murphy told a meeting of the City Pier Committee Friday. “In comparison, the cost to dredge out a small area behind the city jail was estimated to be $44,000, so the company was going to make more money dredging behind the homes.”

Board discusses pool and fire regs for rentals

HOLMES BEACH – Commissioners heard from swimming pool and fire personnel to help them determine whether to establish pool and fire safety regulations for rental properties and at what level.

When asked by Chair Judy Titsworth at Tuesday’s work session what opportunities they have regarding swimming pools, Tom Sanger, pool contractor for LaPensee Plumbing and Pools, said pools on rental properties “are not governed like commercial pools, so you don’t have the same safety features.”

“They get a lot of high use, and they’re very difficult to maintain at times. It takes a well rounded service technician to make sure they are taking care of the pool the proper way.”

Commissioner Marvin Grossman asked about the capacity of pools at residential rentals, and Sanger said the bathing load is determined by the number of gallons of water the pool holds and the turnover rate, which establishes the flow of water moving through the filtration system.

“Anything past 10 to 12 people is where you start to get excessive,” Sanger added. “It also depends on how frequent your service is. On most of the rental properties, we’re giving twice-a-week service.”

Two situations

Commissioner Jean Peelen said there are two situations – how to retrofit existing pools and what to require for new construction. Sanger said engineers would have to make the determination on new construction.

Peelen asked about requiring twice a week service, and Sanger said it depends on the size of the pool and its filtration system and added, “No one shies away from twice a week service if they know they’re going to have better water quality.”

Commissioner Carol Soustek asked about guards on pool drains, and Sanger said the Florida Building Code requires them.

Peelen asked about safety fences and Sanger said, “You have to have certain safety mechanisms in place when you build pools, whether its door alarms, window alarms or a mesh fence. There also are motion sensors for the water.”

Peelen asked if the capacity of the house is a factor and acting Public Works Supervisor Jon Betcher said no.

Grossman asked if the capacity of a pool is posted, and Betcher said not in residential.

“There’s no way to tell how much the pool is going be used,” Sanger pointed out. “You have to make sure the people taking care of it are doing their homework.”

Fire safety

Fire Inspector Jim Davis, of West Manatee Fire Rescue, told the board that the district does not have jurisdiction over one and two family residential structures.

“In a lot of vacation rentals that we do inspect, there are some very proactive agencies that have their own safety programs,” he said.

Davis pointed out that the fire district became aware of the problems of vacation rentals, especially the duplexes built closely together, in 2002 and made a presentation at a meeting of Island elected officials.

Chair Judy Titsworth said they were not elected officials then and asked Davis if any other communities have imposed regulations. Davis said Longboat Key has and said they should consult incoming Fire Chief Tom Sousa, who was with the Longboat Key Fire Department for 30 years.

Titsworth then began reading from a list of suggestions for fire safety suggestions submitted by resident Dick Motzer.

However City Attorney Patricia Petruff pointed out, “You are reading aloud from a list Mr. Davis doesn’t have in front of him, and he may not have the authority to speak on behalf of the fire district.

“He came here to give us some information. It might be more prudent for this commission to ask the mayor to send a letter and ask the fire district to provide this commission with an official statement as to their recommendations because we’ve tonight seen that they do not have the authority to regulate.”

Titsworth asked the mayor to do so.

Building code and Florida Statute

Soustek asked Betcher what the city regulates regarding fire safety in its building code. Betcher said regulations are minimal and include separation between the garage and living area, smoke and carbon monoxide detectors and compliance with setbacks.

Larry Chatt, of Island Real Estate, said there are regulations for resort housing dwellings in the Florida Statutes.

“We are required to have fire extinguishers, a map that shows where the fire extinguisher is and the forms of egress, emergency lighting and smoke alarms,” he explained. “All those items we have to annually inspect.”

He said most Island agencies hire other companies to do the inspections, and most also hire pool services for their pool maintenance.

At Thursday’s work session on swimming pool safety, Peelen said she wants more information from experts and city staffers.

“We’re trying to find out what people are complaining about and then giving the mayor direction to give staff to see if there’s something we should change or if we have the ability to change it,” Titsworth said.

Mayor Bob Johnson said he is working with staff and gathering information on swimming pools and fire safety in order to present a report to commissioners.

New city Website unveiled

submitted

The city's new Website features photos of
landmarks, scenic views and events.

The city of Bradenton Beach activated its new Website Thursday morning.

“We are now in the process of updating all the documents, calendars and other information,” said Police Chief Sam Speciale.

In addition to his police duties, Speciale now serves as the city’s webmaster, working with England-based development technician Keiron Skillet.

When asked about the Website’s features, Speciale said, “You’ll find news, notices and the city calendar; you’ll be you’ll be able to get agendas for future and past meetings and search documents and minutes. We can put whatever we want on it, and we hope to eventually include the ability for citizens to pay fees and fines online.”

The new Website utilizes WordPress technology.

“It’s user friendly, and we can change the text, pictures and look of the screens. In the past, we had to ask someone to do that for us,” Speciale said.

Giving credit where credit is due, Speciale said, “The majority of the work, approximately 90 percent of it, was done by Ric Gatehouse.”

Gatehouse, a former city and longtime web and e-mail contractor, passed away last year.

The new city Website can be accessed at www.cityofbradentonbeach.com.

Fishing festival on radar

FILE PHOTO

Seafood and art attract schools of people to the
Cortez Commercial Fishing Festival.

CORTEZ – Grouper groupies, get ready for the 33rd Annual Cortez Commercial Fishing Festival on Saturday and Sunday, Feb. 14 and 15, from 10 a.m. to 6 p.m. in the historic Cortez fishing village.

Enjoy music, dancing, nautical art and crafts, a marine life touch-tank and more, topped with plenty of fresh seafood and culinary options for land-lubbers.

If you love grouper all year around, not just on Valentine’s Day weekend, the festival is tailor-made for you with its theme, “I’m a Grouper groupie!”

Grouper is highly prized for its flaky, pure white flesh. A uniquely local Florida seafood, about 80 percent of all the grouper harvested in the U.S. comes from Florida’s west coast waters; about one-quarter of that comes across the docks in Cortez. So, if you want to learn more about grouper or sample it fresh, the festival is the place for you.

There really are a whole group of groupers; more than 160 species worldwide. The stupendous goliath grouper commonly grows to 500-600 pounds – the state record is 680 pounds. But these giants don’t reach the dinner table; they are protected as is the more tropical Nassau grouper.

The most common grouper found in restaurants and markets is the red grouper, followed by gag and yellowedge. Some of the other types landed for food include black, scamp, yellowfin and snowy grouper.

People often ask “Which is the most delicious?” Some old-time anglers have their favorites, but as the young folks say, “It’s all good.”

Not only are grouper good to eat, they are fascinating creatures. It may be hard to believe, but they change sex during their lives. During the early part of their lives they are females, but as many as 10 years later they turn into males.

Learn more or just enjoy them at the festival.

Admission is $3, with children under 12 free. Proceeds benefit FISH, the Florida Institute for Saltwater Heritage, to restore the FISH Preserve east of Cortez village.

Head west toward the beaches on Cortez Road to the entrance at the Florida Maritime Museum, 4415 119th St. W.

Offsite parking is available at G.T Bray Park and overflow parking is at 5502 33rd Ave. Drive W., Bradenton (turn east off 59th Street onto 33rd Avenue Drive.) or at Coquina Beach with a shuttle bus to Cortez ($2.50 round trip). Free expanded parking is east of the village off Cortez Road, a five minute walk from the gate. Pay parking is available in the western part of Cortez village.


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