The Anna Maria Island Sun Newspaper

Vol. 15 No. 20 - March 11, 2015

headlines

History shines at Heritage Day
Carol Whitmore

pat copeland | SUN
Sparky the clown offers a toy to Emma and Celia Crispin,
of Bradenton, at Island Heritage Day Saturday at the
Anna Maria Island Historical Museum park

ANNA MARIA – After a chilly start, the day dawned bright and beautiful for the second Settler’s Market at Island Heritage Day Saturday at the AMI Historical Museum park.

At the entrance, rangers from DeSoto National Monument displayed ancient tools and artifacts, while visitors filled their bags with organic produce from Geraldson’s Farm as well as farm fresh eggs and baked delights sold by Historical Society members.

In the parking lot, the smell of KCB barbecue tugged at the taste buds as bluegrass music by The Howies filled the air. Kids colored pictures at the Community Center booth, participated in a scavenger hunt to win prizes and watched as clowns Sparky and Snowbird made colorful balloon toys.

“We love these events on the Island,” Bilinda Stokes said, as her sons, Joshua and William, colored pictures.

“It’s awesome. It’s a nice way to support the history of the Island,” said Kayce and Richard Flitcraft, who were listening to music with granddaughters Emma and Celia Crispin.

Vendor booths wound through Belle Haven garden where Susan Coulis, aka the Crazy Bead Chick, demonstrated how she makes polymer clay jewelry, spinner Lynn Overton wrapped yarn in preparation for plying it and Laura McSeaton extolled the virtues of natural soaps, oils and lotion candles.

“There’s a little bit of everything,” Frank and Kathy Gorham, of Maine said. “There’s something for everyone.”

Ruth Ranum, of Minnesota, said, “I love this festival. I belong to my hometown historical society, so I really like this event.”

Also in the garden, Master Beekeeper Kevin Lausman gave visitors tastes of dark and light honey his bees had produced, while Charles Fields made cane fishing poles and said he makes them every year for kids to fish off the Anna Maria City Pier like in the old photo in the museum.

Visitors filled the museum to learn about that old fishing photo as well the Island’s rich history, and Historical Society President Maureen McCormick concluded, “You know you have got it right when so many people thank you for such a great event. Every volunteer and board member had that happen yesterday.

“All day our guests commented on what a unique and fun event it was and that they wished we had more Settlers Bead. Happy 25th Anniversary Anna Maria Island Historical Society.”

Cast-n-Cage facing eviction from pier

BRADENTON BEACH –The proprietors of the Cast-n-Cage restaurant have been ordered to vacate the city-owned Historic Bridge Street Pier, but business owner Roland Pena is not ready to leave.

“This is ridiculous, and I will fight to the end,” he said, Thursday afternoon.

When Pena and his wife Tami failed to make their $7,004 rent payment and $180 property tax payment on Sunday, March 1, Mayor Bill Shearon initiated the eviction process.

On Tuesday, March 3, Pena was served with notice of habitual default for non-payment and termination of the lease, which triggered a 10-day period for the tenants to vacate the city-owned restaurant space, concession stand and bait shop.

Pena refused to sign the document presented by a member of the Bradenton Beach Police Department, and City Attorney Ricinda Perry filed a writ of eviction with the 12th Circuit Court seeking a judge’s order to vacate the premises.

On Thursday, March 5, Pena attempted to pay his rent, but city staff had been instructed not to accept late payment because the commission, in November, designated the Penas to be in habitual default of their lease for having made three late payments in a one-year period.

A lease amendment negotiated in November allowed the Penas to make a one-time late payment to cover their November and December rent, but stipulated the five-day grace period allowed by the original lease would no longer be in effect, and any subsequent late payments would result in eviction.

Pena contends the lease amendment created a new one-year cycle for the calculation of late payments, but Perry says his argument has no merit.

Pena’s attorney, Donald Yetter, recently questioned the commission-approved 3 percent rent increase scheduled to take effect March 1. The matter was scheduled for discussion at last Thursday’s commission meeting, but Pena’s failure to pay rendered that discussion moot.

Acting on Yetter’s advice, Pena did not attend last week’s meeting, during which Perry asked the commission if they wished to halt the eviction proceedings. The commission unanimously agreed they did not.

Perry said she expects a favorable judge’s ruling by the end of the month, but cautioned that anything can happen in court.

In regard to finding new tenants for the restaurant and/or bait shop, Shearon told the commission he and Pier Team Chair Sam Speciale are already working on a revised request for proposal process and lease agreement similar to what Manatee County uses for the private-entities that provide concessions at the public beaches. The county lease provides lower initial rent payments, followed by incremental increases after a business becomes established.

Since opening one year ago, the Cast-n-Cage has continually struggled to attract the number of new and repeat customers needed to cover its monthly expenses.

In September, Pena requested and received temporary abatements that relieved him of the $1,135 monthly rent owed on the bait shop and concession stand until the pier reopened.

Vice Mayor Jack Clarke opposed the abatements and the late payment provision granted in November because he felt they were simply delaying the inevitable.

“We need to part as amicably as possible with the Cast-n-Cage and go forward with someone who can better represent the city,” Clarke said, in November.

“The vice mayor has tried to get us out since day one. He has a vendetta against me for some reason,” Pena said last week, while citing the city’s failure to repair a leaky roof, delays in approving signage, a lack of parking and the pier reconstruction as factors that contributed to his struggles.

Global settlement moves forward

BRADENTON BEACH – The city commission unanimously agreed to continue discussing the global settlement concepts proposed by Mayor Bill Shearon and attorney Charles Johnson during last week’s meeting.

“The global settlement concept presented to attorney Johnson was basically the concept that everyone would have some skin in the game, and there were no real true winners,” Shearon said when initiating the commission discussion.

If the finite details can be successfully negotiated, the multi-faceted settlement would end four pending lawsuits involving Shearon, the city, Tjet Martin, Jo Ann Meilner, BeachHouse restaurant owner Ed Chiles and City Attorney Ricinda Perry. It would also end the forfeiture of office proceedings the commission majority initiated against Shearon, and prevent a beachfront city-owned property from being developed for parking.

SPECIAL MEETING

On Friday, March 13, the commission will conduct a special 9 a.m. meeting to continue the time-sensitive negotiations. The goal is to have a settlement in place prior to the April 15 expiration of a Coastal Shoreline permit issued by the Florida Department of Environmental Protection. The permit pertains to the court-challenged 2012 development agreement that allows Chiles to use his land for restaurant parking and requires the city to build a small public parking area adjacent to his property.

Johnson told the commission members he would send each of them a copy of the deal points he compiled during his preliminary discussions with Shearon; Martin and Meilner’s attorney, Ralf Brookes; and Chiles’ attorney, Robert Lincoln. This week, the four commissioners, minus Shearon, will submit to Perry the deal points they feel are necessary in order for a settlement to be reached.

“When I presented the issues to the various people involved, people were cautiously optimistic, but I sometimes received a cool reception. In other words, nobody loves the concept. This is one that involves a meaningful compromise for all of the parties involved,” Johnson said.

“No one has said no, but no one has jumped in with both feet,” he added.

All five commission members supported the settlement concept, and all five said they needed more specifics.

“I think we all agree we want to move forward with it,” said Commissioner Ed Straight.

Commissioner Janie Robertson supported the additional discussion, and said she wanted to see the details further solidified by the attorneys and parties involved.

Commissioner Jan Vosburgh expressed hope that a settlement would bring to an end the multiple lawsuits that have proven costly to the city and its taxpayers.

“I want to see the details too before I agree to it; and I think the plaintiffs want to see the details too,” Shearon said.

After conferring privately with Johnson, Perry returned to the dais and shared with the commission comments Meilner made to her.

“She wanted to make sure the commission knew this was genuine step by her to show that she wants to see the city move forward. She is an involved citizen here and has a very sincere interest in trying to work with the commission,” Perry said.

In the spirit of cooperation, Vice Mayor Jack Clarke requested the cancellation of the forfeiture meeting scheduled for Tuesday, March 10.

In the formal request he later sent to the city clerk, Clarke said, “The mayor has made a small step to resolve the myriad legal issues that face our city. This request represents a significant step on my part to work toward that common goal, since we now know that the forfeiture resolution is in play. Just so there is no misunderstanding or misinterpretation of my request, please realize that this is a postponement. I will absolutely revisit this at a future date if the situation warrants.”

Find treasure at the Tropical Treasures Boutique

pat copeland | SUN

jewelry made from beads and recycled materials
available at the boutique.

ANNA MARIA – One of the crowd favorites at the Annual Anna Maria Island Community Center’s Tour of Homes on Saturday, March 21, is the Tropical Treasures Boutique.

The boutique committee spends months crafting fun, beach themed gifts for visitors to purchase. This year’s boutique will be located at the Cole house at 218 Archer Way in Anna Maria.

Boutique offerings include shell mirrors, jewelry made from recycled materials, beach brushes to remove the sand from your feet, colorful decorated flip flops, hand stenciled dinner napkins, hand painted potholders, Florida print aprons and flavorful tropical jams and jellies, all sponsored by Duncan Real Estate.

In addition, there will be several silent auction items made by local artists including a hand painted mermaid chair. Bids will be awarded at 3 p.m. on the day of the tour.

Tour goers also can win the tour quilt made by the Eyeland Needlers. The quilt is on display at the Island Community Center at 407 Magnolia Ave., Anna Maria, where tickets are available for $1 each or six for $5. The quilt will be on display at the boutique the day of the tour, and tickets will be sold until the drawing at 3 p.m.

Tour tickets available

Homes on the tour include Maureen and Bill Shuman,105 49th Street; Liz and Bob Lang, 5601 Flotilla Drive; and Janet Schaffer, 5803 Imperiore Street; all in Holmes Beach; and Barbara and Asa Cole, 218 Archer Way; and Brian Wien, 228 Willow Avenue, both in Anna Maria. A shuttle will be available at CrossPointe Fellowship, 8605 Gulf Drive, Holmes Beach.

Tour tickets are $20 each and are available at the AMI Sun newspaper, 202 Palm Ave.; AMI Community Center, 407 Magnolia Ave.; Ginny and Jane E’s, 9807 Gulf Drive; The White Egret, 10006 Gulf Drive; Egret’s Nest, 10010 Gulf Drive; Duncan Real Estate, 310 Pine Ave. – all in Anna Maria; AMI Chamber of Commerce, 5313 Gulf Drive; Islander newspaper, 5604 B Marina Drive; LaPensee Plumbing, 401 Manatee Ave.; The Egret’s Landing, 5602 Marina Drive; Island Fitness, 5317 Gulf Drive; Holmes Beach Ace Hardware, 3352 East Bay Drive – all in Holmes Beach; and Crowder Brothers Ace Hardware, 5409 Manatee Ave., Bradenton..

Other tour sponsors are Beach to Bay Construction, Green Real Estate, Anna Maria Island Sun, Bradenton Herald and The Islander.

For more information call Sandee Pruett at the Center at 941-778-1908, ext. 0.

Vandalism at Grassy Point

HBPD | SUbmitted

A vandal or vandals cut palm fronds and left them on the ground.

HOLMES BEACH – A vandal or vandals last week struck Grassy Point, the city’s nature preserve along East Bay Drive, and cut limbs and branches, leaving them on the ground.

“I have contacted DEP (Florida Department of Environmental Protection) and am still waiting on information regarding the jurisdiction in the preserve, its designation, who can trim the trees and what the charges could be,” Police Chief Bill Tokajer said Friday.

Tokajer said police will be monitoring the preserve. A sign in the preserve states, “No trimming or removal of plants or wildlife.”

Human Resources Analyst Mary Buonagura contacted Misty Penton, of the Florida Communities Trust, which provided the grant funding to purchase the preserve in 2001, regarding the vandalism.

Penton responded, “Our staff discussed the issue briefly and recommend utilizing your local law enforcement’s authority to treat the incident as park vandalism due to the damage to Grassy Point’s native plantings.”

According to the preserve’s management plan, “Maintenance is to be accomplished by existing city staff only.”

Opened in October of 2012, the 32-acre environmental preserve located along Anna Maria Sound includes a 1,000-foot nature trail around the upland portion, three picnic tables, an informational kiosk, a bicycle rack and four parking spaces. It is open only during daylight hours.

Kokolis' two-unit hotel approved

SUBMITTED

This architectural rendering illustrates
what the Kokolis’ two-unit hotel will look like.

 

BRADENTON BEACH – It took a year and a half, but Gulf Drive Café owners Wendy and George Kokolis finally got permission to build a two-unit hotel on Ninth Street North.

Last week, the city commission unanimously approved the Kokolis’ special exception request that allows for a hotel use in a commercial zoned district that does not grant automatic approval for hotels.

The approval includes the Kokolis-volunteered stipulation that the units would essentially be limited to weekly rentals; and if used by guests for less than a week, would remain vacant for the rest of the weekly rental period.

After the decision was handed down at the March 5 meeting, Wendy Kokolis was asked when she hoped to start developing her property at 113 Ninth St. N.

“Tomorrow,” she said, noting that she was glad the approval process was finished.

Although the final commission decision was unanimous, receiving the super majority support of at least four commission members proved challenging; and opinion was divided as to whether the proposed use met the 10-item special exception review criteria.

Mayor Bill Shearon and Commissioner Janie Robertson initially supported the Planning and Zoning Board recommendation that the request be denied. The pair felt the proposed use was not compatible with adjoining development and the intended purpose of the zoning district. They also felt a hotel would produce negative economic and noise impacts for neighbors.

Shearon felt the proposed hotel would not be operated in a manner that protected the public health, safety, welfare and morals of the district.

Robertson felt the small hotel would cause substantial injury to the value of other properties in the neighborhood. She also expressed concerns about the lack of on-site property management, and she questioned why the structure would be licensed as a hotel by the city, but not by the state.

Vice Mayor Jack Clarke and Commissioners Ed Straight and Jan Vosburgh shared none of these concerns.

“If this doesn’t pass, I think it’s very sad for the city of Bradenton Beach. These people have bent over backwards to please the city and residents,” Vosburgh said.

After two failed attempts to approve the special exception, and one attempt to deny the request, City Attorney Ricinda Perry told the gridlocked commission they had to render a decision one way or the other.

The final decision ultimately came down to Building Official Steve Gilbert’s explanation of the differences that exist between the city and state’s definition of a hotel/motel.

“Under our under our definitions in our land development code, this development would qualify as a hotel; under the state’s definition of hotel/motel uses it does not. However, there are state licensing requirements for transient single-family dwellings, duplexes, multi-unit apartments, timeshares and condominiums. One of those categories is where this particular development would fit in the state’s licensing scheme,” Gilbert explained.

City Planner Alan Garrett said, “Our definition does not give a minimum number of rooms; you could be one room and by our definition be a motel or hotel, but not by the state’s definition. They can only apply for what we have listed in the commercial zoned district, and they do comply with our code, so I cannot deny them that ability to apply.”

Garrett also recommended the commission, at a future date, amend the city’s definition of a hotel.

After receiving these explanations, Shearon and Robertson voted in favor of the special exception.

Property manager group threatens suit over rentals

ANNA MARIA – The group representing rental property owners and managers on the Island has sent a pre-suit notice to Mayor Dan Murphy that they will take action if the city pursues a declaratory judgment regarding whether the city could ban short-term rentals in the residential district.

Attorney Kevin Hennessy, of Lewis Longman and Walker sent the letter Monday, March 9.

In the letter, he said the Anna Maria Island Vacation Property Association had held out hope that “reasonable minds could come to a reasonable solution that would satisfy the residents of the Island and the vacation industry upon which the city was built.”

Hennessy took Anna Maria Commission Chair Chuck Webb to task for pursuing the judgment.

“No attorney in the state of Florida, other than your chairman and his handpicked attorney spokesperson, is of the opinion that the city’s code prohibits short-term vacation rentals,” the letter said.

It went on to talk about the consequences, saying the association would “protect its members and oppose any legal action to outlaw vacation rentals in the city.”

Hennessy said the group also reviewed the city’s proposed vacation rental ordinance, saying, “It rejects the approach of many residents to find some common ground or area of compromise for the community in favor of a heavy-handed and draconian action that violates statutory requirements of due process, equal protection and preemption of the regulation of vacation rentals to the state.”

Mayor Dan Murphy had no comment on the letter Monday.

Hennessy did not return a phone call to his office Monday.

Mayoral recall effort continues

BRADENTON BEACH – If a proposed global settlement is reached, the commission-initiated forfeiture of office proceedings against Mayor Bill Shearon will come to an end, but the mayor could still be facing a potential recall election.

A second and final round of recall petition gathering is currently underway. The recall committee led by former City Commissioner Pete Barreda has until early April to produce the verified signatures of at least 115 verified registered city voters.

If successful, this would result in a special recall election that would provide city voters the opportunity to decide if Shearon finishes the second year of his two-year term as mayor. If the petition drive falls short, the citizen-initiated recall efforts would come to an end.

On Sunday, Barreda said the committee has collected approximately 75 signatures, and he expressed confidence the 115 total would be reached.

Blank recall petition forms, delivered in PDF format, can be obtained via e-mail at

recallshearon@gmail.com. Hard copies can be obtained in person from the Bradenton Beach City Clerk’s office by making a simple, verbal public records request; and paying a 15 cent copying fee for each of the one-page petition forms requested. City hall is located at 107 Gulf Drive North.

Signed petitions are not to be returned to the city clerk. Information on how and where to return signed petitions forms can be obtained at the aforementioned recall e-mail address.


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