ANNA MARIA – It appears to Anna Maria City Attorney Becky Vose that a June 1 ruling on a lawsuit against Flagler County over a vacation rental ordinance will have an effect on a similar lawsuit recently filed against the city of Anna Maria by developers of rental properties.

Vose received a copy of the ruling the day it was filed and then mailed the plaintiffs’ attorneys a draft motion for sanctions in the suit to require the plaintiffs to pay for the city’s legal expenses.

Her letter to the plaintiffs’ attorneys took note of the lawsuit against the plaintiffs’ claim that, “The regulation of the operation of short-term vacation properties is expressly pre-empted to the state of Florida.”

Vose’s letter said that the Flagler County decision “specifically addressed this exact issue in a similar case filed on behalf of vacation rental owners and interested persons against Flagler County, relating to Flagler County’s vacation rental ordinance.”

The lawsuit against Anna Maria was filed by Timothy J. and Ayne Kimberly Iafolla, who own property at 12108 Gulf Drive and 207 Coconut Avenue; Carol A. Roaldi, who owns property at 11- Palm Ave. and 220 Chilson Ave.; Salouh, LLC, which owns property at 106 Los Cedros Drive; Rysal Enterprises, LLC, which owns property at 812 North Shore Drive and is closing on two properties at 843 North Shore Drive and 113 Park Avenue; Seven Emeralds, LLC, located at 803 North Shore Drive and owns rentals at 780 Jacaranda Road, and 404 Alamanda Road.; Island Real Estate; and The Anna Maria Island Vacation Property Association, which was formed to protect the rights of rental owners and managers. That suit argued that the Anna Maria vacation rental ordinance placed expensive and burdensome requirements on their clients.

The judge’s ruling in Flagler County says the implementation of regulations concerning the short-term rental industry does not violate the statute 509-032, which initially said local governments could not prohibit vacation rentals. However, it was later amended to say local governments were allowed to regulate vacation rentals as long as they did not prohibit them or regulate the duration or frequency of rental.

Vose declined to discuss this matter as it concerns pending litigation.

ANNA MARIA – Eleven people, ranging from city employees to private citizens, took a parking enforcement specialist course last week at city hall. They will be the “foot soldiers” for the city’s crackdown on illegal parking, the last step before paid parking. Mayor Dan Murphy said if the city goes to paid and permit parking, these employees would enforce it.

Murphy selected a number of applicants to do the work because he wants more hours of enforcement – into the weekends and evenings – and the city employees would be able to trade some of the hours for comp time.

Renee Tomas, who heads up parking enforcement for Tampa, was the lead trainer. Her program gave the trainees an overview of their legal status as unsworn parking enforcers, what to look for, what the law allows and how to handle angry people who get tickets.

Administrative Coordinator Sherrie Mullineaux accompanied Tomas, running the visual projector.

During the class, Tomas said DELETE parking meters are expensive and require upkeep and may not be worth it.

“Parking meters are not a viable revenue source,” she said. “Meters are being phased out and cities are switching to pay stations, which are more expensive.”

She reaffirmed the mayor’s position that more intense enforcement might be the answer.

Tomas said only 50 to 60 percent of parking tickets get paid, but the city could enroll in the D.A.V.I.D. (Driving and Vehicle Information Database) System to get information on vehicle owners to follow-up with collections. She said the city could also enroll in a service that will not allow a driver in another state to renew a driver’s license or tag if there is an unpaid ticket on record.

Tomas had advice for those who encounter a confrontational driver with a ticket.

“Don’t let them get to you,” she said. “They will try to bait you into acting unprofessional so they can complain about your actions.”

She said it is best to not return an insult or mimic a complainer. She also warned it could get dangerous.

“Don’t turn your back to them,” she warned. “Keep one eye on them and the other on the traffic.”

Finally, she said if a situation gets heated, call for a sheriff’s deputy.

Parking enforcers will not be armed, but they will have digital cameras. Tomas said they should get at least three photos of each infraction.

Manatee County Sheriff’s Office Sgt. Paul Davis said if members of the public sees illegal parking, they should call the Sheriff’s Office substation at 708-8899 to get a deputy or a parking enforcer to respond. Do not call 911 for illegal parking, he said.

HOLMES BEACH – The Florida Commission on Ethics has cleared former Commissioner David Zaccagnino of ethics complaints filed by former Mayor Carmel Monti.

Monti filed the complaint on May 20, 2014, alleging that:

• Zaccagnino misused his position to persuade or attempt to persuade the building official to overlook building regulations regarding a tree house for a homeowner who also was Zaccagnino’s friend.

• Zaccagnino misused his position to obtain or attempt to obtain preferential treatment from the mayor for Shawn Kaleta to allow him to resume a construction project that had a stop work order.

• Zaccagnino misused his position to threaten or attempt to threaten Waste Management and/or its employee for failing to pick up waste materials from his residence.

In a July 1, 2104, letter to the Commission on Ethics, Zaccagnino’s attorney, Maggie Mooney-Portale stated, ‘The entirety of the complaint appears to be politically motivated to disparage Commissioner Zaccagnino before the November 2014 mayoral election and force Commissioner Zaccagnino to defend against a frivolous claim.”

However, Monti pointed out that he filed his complaint 28 days prior to Zaccagnino filing to run for mayor on June 17, 2014.

Ethics Commission’s findings

Regarding the first allegation, the Ethics Commission report stated that Human Resources Analyst Mary Buonagura and Zaccagnino both said his “concern was for legal fees that could be incurred by the city,” and that there is insufficient evidence to show how his actions were inconsistent with the proper performance of his office.

Regarding the second allegation, the report said, “Respondent (Zaccagnino) contends that the city charter allows him to communicate with the mayor on matters pertaining to city business and to express his opposition to action taken by the city,” and that there is insufficient evidence to show how his actions were inconsistent with the proper performance of his office.

Regarding the third allegation, the report said, “While respondent may have let his frustration get the best of him, there is insufficient evidence to show how he attempted to use his official position and/or that there was corrupt intent.”

BRADENTON BEACH – Commissioner Janie Robertson has been replaced as commission liaison to the Bridge Street Merchants.

During Thursday’s commission meeting, Mayor Jack Clarke appointed Commissioner Jan Vosburgh to serve as the new liaison to the merchants association, making a change sought by the merchants’ association.

“We requested a new liaison from the mayor that we believe was better aligned with the mission statement of our organization,” Bridge Street Merchants President Angela Rodocker said on Friday.

Robertson recently fell out of favor with the merchants during disputes pertaining to Bridge Street Market signage and the use of a privately owned Bridge Street property for public parking.

Robertson did not attend Thursday’s commission meeting and was not on hand when this action was taken.

Last week, Clarke also appointed Vosburgh to serve as the chair of the Community Redevelopment Agency, taking over a role previously held by Bill Shearon.

Vosburgh also will serve as the new cell tower liaison and provide the commission with updates on tower repairs and the efforts to secure additional cellular service providers.

BRADENTON BEACH – Former Mayor John Shaughnessy returned to the commission dais Thursday evening after been appointed to serve the remainder of Jack Clarke’s ward 1 commission term.

Last week’s commission meeting also saw longtime Commissioner Ed Straight selected to serve as vice mayor.

Shaughnessy and Straight’s appointments were necessitated by last month’s recall election, which resulted in Clarke, the former Ward 1 commissioner, ascending to the mayor’s position.

“Commissioner Straight has served on the dais for nearly five years and has prior experience as vice mayor

He is the logical and most qualified candidate for this position. I strongly support him for the position of vice mayor going forward,” Clarke said when nominating Straight.

A few minutes later, when nominating Shaughnessy, Clarke said, “I have received Mr. Shaughnessy’s application. He should need no introduction to anyone in this room. He’s served as commissioner, vice mayor and mayor, as well as devoting his time to the city on non-elected boards. He brings to the dais a wealth of institutional memory and experience. Among his numerous accomplishments on behalf of the city, John was the one person more than any other that made our new pier possible. There is no better qualified candidate to fill the first ward seat.”

Commissioner Jan Vosburgh made the motion to appoint Shaughnessy and her motion was supported by Clarke and Straight. Commissioner Janie Robertson was absent with excuse.

City Clerk Terri Sanclemente then read the oath of office and swore Shaughnessy into office with his wife June standing by his side.

The oath concluded with Shaughnessy saying, “I will well and faithfully perform the duties of the position which I am about to enter.”

After a round of applause, Shaughnessy said, “Thank you very much for your support, I appreciate it. It’s good to be back in the saddle.”

Clarke invited Shaughnessy to take a seat at the dais and Sanclemente presented him with an agenda book before the pier request for proposal was discussed.

During the general public comment that began last week’s meeting, Ward 1 resident Jim Hassett told the commission he would be glad to serve on the commission if Shaughnessy declined the nomination.

“Should Mr. Shaughnessy care to step back, I’d be glad to work in his stead on behalf of the ward and the citizens of Bradenton Beach,” Hassett offered.

Shaughnessy served as mayor from 2011 to 2013 and came up 17 votes short in his bid for reelection in a race won by Bill Shearon. Before that he served as a commissioner for six years.

When asked later how it felt to be back, Shaughnessy said, “Good…good. I’m here to serve the city. I was asked, so I’m here to help out.”

As for what he brings to the commission, he said, “Eight years of experience; six as commissioner and two as mayor. I know the inner workings of the city, and I think it’s a benefit to have someone in here, especially at this time, to ease the transition.”

Shaughnessy will serve as the ward 1 commissioner until the city elections take place in the fall, and he has indicated that he does not plan to run for election at that time.

“As far as I know, I’m only going to be here until November,” he said.

As the former mayor, Shaughnessy can share his knowledge of the position with Clarke as he settles into his new role.

“I’m here to serve him,” Shaughnessy said.

BRADENTON BEACH – The term pro tempore has been removed from Terri Sanclemente’s job title.

During Thursday’s commission meeting, Sanclemente was appointed city clerk after serving as the acting city clerk since October.

“Pro tempore means for the time being. Terri Sanclemente has been city clerk pro tempore for most of the last year,” Mayor Jack Clarke said when he initiated the appointment.

“She’s made order out of chaos in the clerk’s office. She will continue to bring greater stability and focus to the job. She received top marks in her most recent job performance evaluation. She previously worked for the city from November 2006 to May 2012 directly under (former city clerk) Nora Isdo, but her recent service has been exceptional during a very trying period in our city administration,” Clarke said.

“I agree,” said Vice Mayor Ed Straight.

“I’m pleased to have her,” said Commissioner Jan Vosburgh.

Having just been reappointed to the commission, John Shaughnessy said he was familiar with Sanclemente’s work.

“I worked with Terri when I was on the commission and also as mayor. She’s very qualified, works good with people and she’s very efficient. You have my vote,” he said.

Sanclemente will receive an annual salary of $55,000, which amounts to a $12,000 raise and brings her pay in line with City Treasurer Sheila Dalton.

“I am very honored to accept the position of city clerk. I’ve always loved this city, from the very first time I set foot in city hall on Nov. 6 of 2006,” Sanclemente said when addressing the commission.

“I feel that I bring good work experience having worked in the clerk’s office before for five and a half years; and working a lot of things that you can’t learn on your own. I feel that’s going to help me to excel and grow as a very good city clerk for the city of Bradenton Beach. Thank you very much,” Sanclemente said.

After the meeting, Sanclemente said, “It feels good. It feels justified.”

When asked how it felt to be appointed to a position once held by her mentor, Nora Idso, Sanclemente said, “It is an honor to follow in her footsteps. I just hope I can do as good a job as she did.”

After two years in the private sector, Sanclemente returned as deputy clerk last July. She served as clerk pro tempore on multiple occasions and had held that position since former clerk Gia Lancaster was dismissed in October.

While in office, Mayor Bill Shearon declined the opportunity to remove Sanclemente’s pro tempore title, which Clarke did during his first week as mayor.

“She’s been doing the job for a year and it’s a long overdue appointment,” Clarke said later in the week.

On Friday, an administrative meeting took place in which it was decided that the treasurer’s office would no longer be a separate department, which means Deputy Clerk Audra Lanzaro and Clerk’s Assistant Emily Long will provide assistance to both the clerk and the treasurer as needed under Sanclemente’s supervision.

The Bradenton Area Convention and Visitors Bureau (CVB) plans to spend $12.7 million to market Manatee County as a tourist destination over the next two fiscal years, 61 percent more than the previous two fiscal years.

The increase of about $4.8 million is due mostly to the addition of several new sports initiatives, CVB Director Elliott Falcione said.

The proposed tourism marketing budget is $5.34 million for fiscal year 2016 and $7.38 million for 2017. The same budget was $3.92 million for 2014 and $3.96 million for 2015.

Budget funds are generated by resort taxes paid by tourists to accommodations in the county.

The Manatee County Tourist Development Council (TDC) voted unanimously on Monday to recommend the budget to the Manatee County Commission, which is expected to vote on the expenditure in September.

Among other events, the budget increases will pay to promote the 2017 World Rowing Championships at Benderson Park, and the second Bradenton Area River Regatta, which will return to Bradenton and Palmetto on Feb. 6, 2016, Falcione said. The two events account for about $2.8 million of the two-year budget.

No additional funds are allocated to promote Anna Maria Island as a tourist destination during high season, he said, adding that the CVB focuses on promoting the entire Bradenton area.

“We’ve shifted away advertising dollars from the peak season, January through Memorial Day, staying away from print and digital ads because there’s enough market share out there that has created awareness. We have shifted our equity to the mainland,” he said.

“We are meeting with the (Island) mayors every three months to find better balances,” Falcione said. “When your beaches are ranked number five in Conde Nast in the world, there’s noise out there that you can’t manage, so the best thing is shift away what we’re doing to enhance or maintain the quality of life for residents out there.”

Onward and upward

The peak season that ended last month continued a record upward trend for tourism, generating continuing concerns from Island residents about traffic, parking, noise and other issues.

Since 2010, visitation to the county has increased by 11.9 percent, with 2.9 million visitors in 2014 alone, and no room at the inn at the season’s height in March 2015, with 95.6 percent of the county’s accommodations full, according to CVB statistics.

“Demand is outstripping, to some extent, supply. You’re playing the revenue curve. It’s capitalism. It’s great, you’re making money,” Walter Klages of Research Data Services, the county’s tourism consultant, told the TDC.

The trend will likely continue, especially with the nation in an economic recovery, he predicted.

Visitation from Europe increased 16 percent from 2014 to 2015, more than from any other geographic area, Klages said, adding that international travelers have 30 percent more purchasing capacity than their U.S. equivalents, “and they are younger - for the first time in the last five years we are seeing millennials coming in.”

The number of visitors to Manatee County rose 7.2 percent in April 2015 from the previous April to 52,300 people, according to Research Data Services.

Occupancy on Anna Maria Island was up 4.8 percent, with room rates up 9.8 percent from the previous April to $203 per night.

Room nights were up 6.2 percent countywide in April, with party size remaining constant at an average three people per party and the length of stay remaining constant at an average five nights.

The average age of the travelers was 46 with a median income of $119,458 a year. Nearly 90 percent used the Internet to learn about the area, and 66 percent used the Internet to book reservations.

Floridians accounted for 26.2 percent of the visitors, followed by the Midwest (23.9 percent) and the Northeast (21 percent). Nearly 40 percent were visiting for the first time.

In other business

• Falcione announced a $50,000 initiative to create a countywide arts and culture organization that could be funded by future resort taxes.

• The council learned about CVB efforts to bring travel writers to the area, including a writer for Mother Nature Network who stayed on Pine Avenue in Anna Maria, and several freelance writers from the United Kingdom.

• CVB staff announced plans to attend tourism conferences in London, Washington D.C., Boston, Orlando and Dallas.

• A new social media campaign, Bradenton Area Beach Madness, ran in March, staging virtual competitions between area activities such as kayaking at Robinson Preserve versus birdwatching at Emerson Point Preserve. The overall winner was seeing Snooty at the South Florida Museum.