The Anna Maria Island Sun Newspaper

Vol. 15 No. 17 - February 18, 2015

headlines

Plenty of sun, fun at Cortez fest
Carol Whitmore

CINDY LANE | sun

Nathan Meschelle demonstrated how to mend a seine net
at Cortez Bait and Seafood on Sarasota Bay during the festival.

CORTEZ – Grouper groupies schooled in Cortez last weekend for the 33rd Annual Cortez Commercial Fishing Festival, enjoying blue skies, sunshine and seafood prepared every which way.

There was good music by local bands, nautical art, a playground, pony rides and a good dose of education about how the seafood that made the festival famous is caught.

Mark Coarsey, of Fishing for Freedom, used frozen mullet to demonstrate how a white roe male mullet can fit through a four-inch stretch mesh gill net to live another day, while a fat, female red roe mullet is caught by the gills. The nets reduce unwanted bycatch and preserve the resource, he said.

But they were banned in 1995 in Florida. Coarsey’s group is appealing the decision to the Florida Supreme Court.

Bringing the nets back would solve the problem of mullet washing up on the beach during mullet runs in the fall, he told festival goers, explaining that red roe mullet brings top dollar, and fishermen sometimes toss white roe mullet overboard to wash up on the beach because the nets they have been required to use since the net ban entrap both sizes of fish.

Coarsey’s dad, Wyman Coarsey, the former postmaster of Cortez for 26 years and a renowned harmonica player, received a Pioneer Award at the festival from FISH, the Florida Institute for Saltwater Heritage.

When someone gave him a microphone to say a few words, he broke out in song, with lyrics he wrote to the tune of “Home on the Range” about tourism and fishing, received with howls of laughter. The last verse ended, “We welcome you all to stay here through fall until all of your money is gone! Home, home in Cortez, where the snooks and the mullet do play… where seldom is heard a sensible word from all of us Crackers who stay!”

By Cracker standards, it was a chilly weekend in the 50s and 60s, but many visitors from up North, like Ronnie Fondy and her daughter Timothy, of Dayton, Ohio, said they were thrilled to see sunshine and blue skies when it was 6 degrees back home.

Snowbirds strolled the Cortez Bait and Seafood docks, looking at true snowbirds – white pelicans that migrate to Cortez every year in winter – and watched Nathan Meschelle mend a seine net.

But eventually, everyone made their way to the food court for fried, grilled, smoked, broiled and boiled seafood, fried green tomatoes, greens and the Cortez Village Historical Society’s famous strawberry shortcake.

Nobody knew it, but it was also a retirement party for Cortez artist Linda Molto, who chose this year’s festival as her last art show. Molto has been an art exhibitor and festival organizer almost since its inception more than 30 years ago. But the Cortez resident has no intention of going anywhere else to retire – why would you, when you live in the best little fishing village in the country?

County won’t charge for beach parking

ANNA MARIA – The rumor mill stretched all the way from the beach to the office of Manatee County Administer Ed Hunzeker last week.

Hunzeker arrived at Anna Maria City Hall last Thursday to dispel a rumor started in Holmes Beach that Manatee County was considering charging for parking at the public beaches.

“There was a lack of communication when we talked about paid parking at Manatee Beach,” Hunzeker said. “The County Commission has never had a discussion about paid parking at the beach.”

Hunzeker brought along Manatee County Conservation Lands Management and Parks Director Charlie Hunsicker and Tourist Development Commission (TDC) Executive Director Elliott Falcione. He took questions from the City Commission.

Carol Carter asked why the TDC gives money for tourist related projects on a matching basis.

“We work on the premise that, ‘If it’s free it will have no value and if it has no value, you will treat it that way,’” Hunzeker said.

Commissioner Dale Woodland asked if the county was planning for more homes and would they raise their impact fees.

“We study the effects of growth and set the impact fees accordingly,” Hunzeker said. “As a result, I think our impact fees will be higher, but that will all come out later this year.”

More stop signs

The commission passed an ordinance calling for a four-way stop at Magnolia Avenue and Gulf Drive, due to the fact it is a busy intersection and motorists have trouble seeing if it is safe to turn from Magnolia to Gulf Drive. Mayor Dan Murphy originally wanted this to be a four-way stop only during season, but Manatee County Sheriff’s Office Sgt. Paul Davis told him it would be confusing for motorists, so it will be permanent.

The ordinance also changes the location of the trolley stop to make it less intrusive.

Commission initiates forfeiture
Anna Maria Island Sun News Story

joe hendricks | sun

Vice Mayor Jack Clarke and Mayor Bill Shearon, right,
disagreed on which topics should be discussed at Friday’s
forfeiture meeting

BRADENTON BEACH – Forfeiture of office proceedings against Mayor Bill Shearon were formally initialized by a 3-2 vote during Friday morning’s special city commission meeting.

Vice Mayor Jack Clarke and Commissioners Jan Vosburgh and Ed Straight voted in favor of initiating forfeiture proceedings against the mayor, while Shearon and Commissioner Janie Robertson opposed it.

“I’m not comfortable going forward with absolutely no budget or capped costs. To proceed forward without having any idea how much money we’re going to be spending, I am going to be against the forfeiture,” Robertson said, before the vote was taken.

The commission then voted 4-1in favor of scheduling a future commission work session that would provide them an opportunity to discuss among themselves the policies and procedures detailed in the forfeiture resolution the commission adopted in October. Robertson opposed that decision as well.

Resolution 14-827 provides the general procedural framework for the commission to follow if they decide to proceed further with a process that, if carried through, could potentially lead to the commission removing an elected mayor from office.

Specific charges were not discussed at Friday’s meeting, but Clarke included a two-page list of possible preliminary charges as back-up material, which he submitted to the city clerk’s office in advance.

The forfeiture work session will help determine whether the commission moves to the next step in the process: levying formal forfeiture charges against Shearon.

When Friday’s meeting got underway, there was a lengthy debate about whether the commission would amend the agenda to grant the mayor’s request for discussions on forfeiture policy and protocol and the preliminary charges Clarke included in the agenda packet.

The divided commission eventually decided the agenda would be limited to the initiation and authorization of forfeiture, as Clarke originally requested.

No suspension or recusal

Hired on a temporary basis to assist with the commission for one meeting only, attorney Alan Prather provided clarification on the matters previously questioned.

Based on his interpretation of state law and the forfeiture resolution, Prather offered his opinion that Shearon cannot be temporarily suspended while the forfeiture process plays out.

Prather also said that according to the city charter the mayor is legally obligated to chair city meetings, and he does not have to recuse himself from future forfeiture meetings or hearings, because matters being voted on during the forfeiture process do not directly impact Shearon in terms of significant personal financial gain or loss.

Prather said he was confident the commission could conduct their next forfeiture work session without outside legal counsel.

“Please read this resolution and your charter before you get to your work session. I think that will help you a lot,” he advised.

After the meeting, Shearon commented on the initiation of forfeiture.

“I have no problem with that, and I’m encouraged that we’re going to have work sessions. Maybe we can hash out our differences there; I’ve requested this six times, not only verbally, but in writing,” he said.

After the meeting, Clarke said, “We moved another step forward and another step closer to the forfeiture. It was money well spent.”

It remains to be seen how far the commission will take the forfeiture process because there is also a citizen-led recall effort currently underway. If successful, the recall petition drive would result in a special election that would allow city voters, not the commission, to decide whether Shearon is removed from office before his term expires in November.

Clarke was asked why the commission continues to pursue forfeiture when it appears that a recall election is likely.

“The recall is a separate and parallel process. The recall is initiated by the voters and the forfeiture is initiated by the legislators. As I’ve said before, as soon as the date is announced for a recall election, I am confident the commission will suspend the forfeiture.”

ULI arrives Sunday

The long-awaited Urban Land Institute study commences on Sunday with the arrival of the not-for-profit development consultant group on Anna Maria Island.

During its $125,000 study of the Island, the nine-member panel, assisted by three ULI staff members, is expected to survey more than 100 people about Island problems next week, then formulate potential solutions.

They will use a briefing book – a snapshot of everything you ever wanted to know about AMI – as their starting point, enhanced by the interviews, their own research and a bus tour of the Island.

The Anna Maria Island committee that prepared the book also posed the topics it wants the ULI to address, including maintaining and enhancing a family-friendly, Old Florida beach community, striking the “appropriate balance” among residents, short-term vacation rentals and businesses, retaining and increasing full-time and seasonal residents and improving traffic, parking and congestion problems.

They also pose questions on how the three Island cities can leverage a shared vision of the Island to exert greater influence on other municipalities and the county and state and how to gain efficiencies by combining or sharing city services.

Activities begin on Sunday, Feb. 22 with a dinner at the Bridge Street Bistro in Bradenton Beach, followed by a bus tour of the Island on Monday, Feb. 23 and a reception Monday from 5 p.m. to 6:30 p.m. at CrossPointe Fellowship, 8605 Gulf Drive in Holmes Beach, with interviews on Tuesday, Feb. 24 and panel work sessions on Wednesday, Feb. 25 and Thursday, Feb. 26. On Friday, Feb. 27, the ULI panel will present its preliminary recommendations, which will later be published for the three Island city governments to use.

To view the panelists’ biographies, visit www.amiuli.com.

2014 resort taxes climb

Manatee County resort tax collections were consistently up in Anna Maria, Bradenton Beach, Holmes Beach and countywide for the first eight months of 2014 compared to 2013, according to statistics from the Manatee County Tax Collector.

While Bradenton Beach, Holmes Beach and countywide collections continued to increase in the last four months of 2014, collections in Anna Maria dropped an average of 44 percent per month from October through December compared to the previous year.

Increases in Anna Maria collections were highest in April, August and July, in that order, and lowest in October, with a 53 percent drop from October 2013.

In Bradenton Beach, increases in collections were highest in November, September and April and lowest in February, with a 7 percent increase from February 2013.

Increases in Holmes Beach collections were highest in April, May and October and lowest in June, increasing by 10 percent from 2013.

Countywide, increases in collections were highest in April, May and June and lowest in December, with a 4 percent gain over December 2013.

Resort tax collections are a prime indicator of tourist visitation, however, the tax collector cautions that better enforcement efforts in recent years also have contributed to increases.

New stormwater billing method proposed

JOE HENDRICKS | SUN

City Engineer Lynn Townsend Burnett discusses
a new way of assessing stormwater fees.

 

BRADENTON BEACH – Last week, City Engineer Lynn Townsend Burnett updated the Bradenton Beach Commission on her efforts to help develop and implement an Island-wide stormwater assessment methodology that would simplify billing calculations and provide fee assessments that are more fair and equitable.

During the Tuesday, Feb. 10, work session, Burnett also discussed the transferring stormwater billing to Manatee County.

For Bradenton Beach, Burnett proposed a formula based on property owners being assessed $4 for every 100 square feet of property, regardless of whether the property is residential or commercial. Fractional calculations amounting to four cents per square foot would apply to figures not evenly divisible by 100.

The owner of a 5,000 square foot property in Bradenton Beach would pay a $200 stormwater fee. The owner of a 5,227 square foot property would pay $209.08, and the owner of 4,212 square foot property would pay $168.48.

“It doesn’t matter if you’ve got a chicken coop, a car dealership, a Circle K, or a condo that’s 10 stories high, the square footage of the lot is what we’re going on,” Vice Mayor Jack Clarke said.

Burnett said the $4 multiplier is based on the city’s need to cover $300,000 in stormwater expenditures budgeted for the next two years. The multiplier may differ from year to year and city to city based on financial and infrastructure needs and will be adopted during each city’s annual budget process.

Burnett said the standardized methodology could lead to slight increases for some commercial and residential property owners, while producing smaller bills for resort owners who currently share a larger burden of the costs.

Burnett said she already received initial support from Anna Maria Mayor Dan Murphy and planned to meet with Holmes Beach Mayor Bob Johnson later in the week.

She described the current method as a complicated process that often produces anomalies and errors and takes into account numerous factors, ranging from structure type, property use and amenities, to the presence of pervious pavers.

Stormwater fees will not be assessed to public properties.

Commissioner Janie Robertson said, “I think this is fabulous. If we can get this entire Island on the same basis for stormwater because water doesn’t have any city boundaries, this is going to be quite an accomplishment. I just hope the public realizes how advantageous it’s going to be for everybody.”

Burnett said she would prepare a draft ordinance for each city to base their individual ordinances on. Her goal is to have the new process in place by June.

County billing

Because the city bills stormwater a year in advance and the county bills a year in arrears, and the city has two years remaining on a funding agreement with the Southwest Florida Water Management District, Burnett suggested 2018 as the ideal time to transfer billing to the county.

Under this scenario, Bradenton Beach property owners would receive bills from the city in 2015 and 2016, no stormwater bill in 2017, and acounty bill in 2018 that would account for fees accrued in 2017.

The city would incur a year and half lull in stormwater revenue, but Burnett said there would be enough money in reserves to cover maintenance and other costs, and no major projects would be planned for that period.

Mayor Bill Shearon said the city wrote off $10,000 in uncollected stormwater debt last year, and City Treasurer Sheila Dalton said she was in the process of mailing final notices those who have not paid bills sent out in July, which accounts for $12,000 in additional uncollected debt.

Transferring billing to the county would reduce the workload on city staff and result in the city simply receiving a check for its share of the revenues collected. Those who fail to pay would have a county tax deed placed on their property.

Sunshine Law violations alleged

BRADENTON BEACH – Commissioner Janie Robertson has accused Vice Mayor Jack Clarke and Commissioner Jan Vosburgh of committing Sunshine violations during last week’s forfeiture meeting.

On Saturday afternoon, Robertson e-mailed Clerk Pro Tem Terrie Sanclemente a statement addressing her concerns.

“I feel it is my responsibility to report an occurrence between two commissioners during the Feb. 13 commission meeting. There appeared to be a non-verbal signal and communication between Commissioner Vosburgh and Vice Mayor Clarke. Vosburgh was preparing to read a statement, and she looked at Clarke. He gave a perceptible shake of his head indicating ‘no,’ and she immediately changed her mind and put the statement down. This indicates that he had previous knowledge of the content of her statement, and that they had discussed it in some way prior to the meeting. Both of these actions are Sunshine violations that I wish to be entered into public record,” Robertson’s e-mail said.

Clarke addressed the allegations Monday afternoon.

“Commissioner Robertson has proclaimed from the dais on several occasions that she is ‘confused.’ I suspect in this case she is also confused, and there is no basis for her allegations.”

Vosburgh also commented on the accusations levied her fellow commissioner.

“It’s absolutely absurd. This is just like the misinformation that was spread during my reelection campaign, which all turned out to be untrue.

"This reminds of high school, where they just want to pick on somebody. I sometime feel that these people get up in the morning and say ‘Whose life can I make miserable today,’” she said.

City seeks ways to limit bedrooms

HOLMES BEACH – City Planner Bill Brisson introduced a new idea in the city’s effort to find a way to limit the number of bedrooms in resort housing.

“Let’s treat these mini motels as motels and calculate them at the bedroom density of motels,” he said and showed a chart that gave the maximum number of bedrooms that could be built on a duplex lot, a legal single family lot, a non-conforming single family lot and a large single family lot.

“When people are vacationing, sleeping is not their primary concern,” he added. “If we limit the number of bedrooms, we would limit the number of people.”

However, Commissioner Jean Peelen said, “From me it’s not a matter of trying to limit the number of people; it’s building houses meant only for rental in residential areas.”

“They’re not going to build them if they can’t rent them,” Chair Judy Titsworth said “If they want to get a license to have resort housing, they can have only this many sleeping rooms.”

Residence to rental

“What happens when a residence becomes a rental?” Peelen asked.

“They’ll have a 30-day minimum; they can’t do a short term rental,” Titsworth replied.

Brisson said, according to the state definition, “If you rent less than 30 days three times a year you’re a vacation rental,” while residential use allows for rentals of greater than 30-days three times a year.

Peelen asked, “That wouldn’t run afoul of state statute that says we cannot affect the time limit for rental?”

Brisson said they would need to check with the attorney on that.

Peelen also pointed out, “When they come in for a building permit, we don’t ask them whether it’s a residence or a rental.”

Brisson suggested that the question could be included on the building permit application.

“What we’re doing here is if Mr. and Mrs. Jones have eight kids and want to build a big home, they can do it as long as they stay under LAR,” Titsworth said. “But if they sell, the developer can’t use that big of a home for short-term rental because it has too many rooms.

“I think you came up with the one way we actually have to control the real problem. The real problem is the developer building so many eight-bedroom homes for resort use.”

Other options

Commissioners also discussed a list of options supplied by Brisson to alleviate the adverse impacts of resort housing.

The first was to limit the maximum occupancy level of resort housing. Brisson said the city’s comprehensive plan already limits it to two persons per bedroom with a maximum of six.

“I suspect it would be difficult to enforce because you have to prove it, and it hasn’t been put in the land development code,” he said.

The second was to limit the number of bedrooms as previously discussed.

Others suggested regulations included:

• Base parking on the number of sleeping rooms, rather than bedrooms.
• Require pools to have setbacks of 10 feet rather than 5 feet, and count pools as impervious surface coverage.
• Limit the hours during which pools may be used.
• Prohibit stacked parking.
• Limit the number of back out parking spaces.
• Require more trash/garbage cans and require them to be screened.

Peelen said they need more data from the building department, and Brisson concurred and noted, “We need to prove there is a problem,” and in which zoning districts the problem exists."

City Attorney Steve Dye also pointed out, “A second issue is what resort housing requirements would you want to include on existing units? Some aspects affect all resort housing.”


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