The Anna Maria Island Sun Newspaper


Vol. 16 No. 13 - January 27, 2016

headlines

Pier injunction request denied

Carol Whitmore

joe hendricks | sun

Sherman Baldwin opened his Paradise Boat Tours Activity
Center last week despite the legal efforts to stop him.

BRADENTON BEACH –The city, AMOB and Paradise Boat Tours won round one of the legal battle regarding the subleased commercial spaces on the Historic Bridge Street Pier.

On Wednesday, Jan. 20, Circuit Court Judge John Lakin issued an order denying Bradenton Beach Marina owners Allan and Michael Bazzy’s request for a temporary injunction. The Bazzys sought to displace Paradise Boat Tours owner Sherman Baldwin from the space he is subleasing from Anna Maria Oyster Bar president John Horne and his We’re Back Inc.

The injunction request was preceded by the lawsuit the Bazzys initiated in November alleging that Sunshine Law violations occurred during the lease negotiation discussions that took place after the City Commission deemed Horne and AMOB as its desired pier tenant in July.

The lawsuit names the city, AMOB, Paradise Boat tours and two additional subtenants as co-defendants.

While defending the city at the Jan. 15, injunction hearing, attorney Fred Moore stated his legal opinion that no Sunshine violations occurred during the commission-directed, non-public lease discussions that involved Horne, City Attorney Ricinda Perry and then-Mayor Jack Clarke.

Moore also stated that even if a violation occurred, which the city denies, any alleged violations were cured by the two public meetings that resulted in the commission approving the final lease terms.

“Allowing a default judgement to stand against Paradise Boat Tours, without an adjudication of the liability of the city of Bradenton Beach as to whether a Sunshine violation occurred, could lead to an absurd and unjust result if the plaintiffs obtain an injunction against Paradise Boat Tours enjoining it from the operating under the current sublease,” Lakin’s written ruling stated.

“Further, it would be logically inconsistent for there to be a declaration against Paradise Boat Tours as a result of a sublease between We’re Back Inc. if it is determined in a trial that the city of Bradenton Beach did not violate Florida’s Sunshine Law. Without an evidentiary hearing on the merits, the co-defendant’s due process rights are violated and there is a direct violation of We’re Back Inc./AMOB’s property rights,” the ruling stated.

“Plaintiffs’ motion for injunction against Paradise Boat Tours is denied without prejudice pending a full evidentiary hearing against the co-defendants,” Lakin’s ruling concluded.

The Bazzys were among those who submitted bid proposals for the pier spaces that were awarded to Horne last summer. Their still-pending lawsuit is based in part on the Sunshine concerns first raised by Janie Robertson, who served as a city commissioner when the lease terms were negotiated. Robertson’s e-mails to the city attorney are included as legal exhibits in the court records.

As a corrective remedy, the Bazzys are still asking the court to order the city to put the rights to the two non-restaurant spaces back out for bid, despite Horne having a long-term lease with the city that grants him the right to sublease those spaces to the tenants of his choice.

Horne and Baldwin declined comment on Lakin’s ruling, but Baldwin said he had been notified that the deposition process would be the next step in the ongoing legal battle.

Mayor Bill Shearon said he hopes to bring all the parties together in an attempt to resolve this matter out of court.

Expansion uninterrupted

Baldwin opened his Paradise Boat Tours Activity Center last week, before Lakin issued his ruling.

His new space will provide him with a land-based terminal for the boat tour business he has been operating remotely from the pier for the past two years. The activity center will also connect visitors with recreational activities provided by other local business owners, including the newly-relocated Segs by the Sea Segway rental operation now located landside on Cortez Road.

“They can find everything from boat tours, to parasailing, paddleboards, Jet-Skis and Segways. If it’s outside, we pretty much have it here. We are a clearing house for those experiences all over the Island, with an emphasis on Bradenton Beach” Baldwin said, noting that online booking capabilities are forthcoming.

Board turns down alcohol for Center luau

HOLMES BEACH – City commissioners voted down a request for temporary use permit with alcohol for The Center beach luau fund-raiser previously planned for Jan. 23 at 102/104 48th Street. The vote was 4-0 with Chair Judy Titsworth absent.

City Attorney Patricia Petruff said the location is a residence in the R-1 zoning district and according to the code, some type of temporary uses would be allowed but they are not defined.

“It’s not clear whether a temporary use permit would be required to do any kind of event or fund-raising event in a residential district,” she explained. “I looked at the list of activities that are normally defined as temp uses and most are not uses appropriate in a residential district.”

Because the city allows temporary uses on the beaches, Petruff said a temporary use permit could be granted, but the question is whether the city is restricted to the zoning districts listed in the code, which do not include R-1.

She also said if there is a charitable fund-raiser where alcohol is being served, a state permit is required, and it’s usually a one-day permit. She said the city commission must decide whether or not a temporary use permit with alcohol should be granted on the beach.

Staff concerns

Vice Chair Jean Peelen asked why the application is so late.

Wende Webb, special events and community outreach coordinator for The Center, said, “We got some misinformation. We thought that because it was at a private party’s home, we did not need any type of permit. We checked further and found we did need one.”

Police Chief Bill Tokajer asked her if the event is happening past the private property line and how to keep citizens from walking up from the beach.

Webb said the event is on the beach, and volunteers would police the area. Petruff suggested guests be issued armbands

Tokajer asked about parking, and Webb said it would be off site at the Episcopal Church of the Annunciation with golf carts to transport guests.

Building Official Jim McGuinness expressed concern about the dune area between rear property line and public beach.

Webb said there is 20 feet between the event and the water line for public use, and they would use solar lights to define the path.

McGuinness asked Webb to consider using temporary portable sanitary facilities, and Webb said guests would use a bathroom outside of the house.

“You’re still using private property to support a public event,” McGuinness pointed out. “Keep it entirely on the public beach.”

He also expressed concerns about electricity from the residence having proper GFCI protection, the event would migrating off the beach onto public property and having heaters due to the cold weather.

Petruff suggested using a temporary orange plastic construction type fence to protect dune area.

McGuinness said the food canopies must only be used in the food area, be removed in the event of high wind and kept 10 feet away from the heaters.

Commission discussion

Peelen said the only question for the commission is whether to approve the use of alcohol for the fund-raiser.

Commissioner Carol Soustek asked if they are charging for alcohol.

Webb said the donation for the dinner show includes two, light, Polynesian type drinks and added, “It’s about the dinner and show not the alcohol.”

Petruff pointed out, “Because the admission fee includes alcohol the state considers that to be the sale of alcohol.”

Commissioner Pat Morton said he is “concerned opening it up to everybody to have alcohol on the beach. I cannot see having alcohol.”

Commissioner Marvin Grossman said, “It’s obnoxious not asking neighbors how they feel about it. I want to hear from the neighbors before I consider it.”

Peelen stressed, “The only thing we have say on is whether alcohol will be served. The rest of the decision is up to staff.”

Peelen asked if the city has ever granted the use of alcohol for a fund-raising event on the public beach, and Petruff said not to her knowledge.

Grossman and Peelen were concerned about setting a precedent for allowing parties on the beach.

Commissioners voted 4-0 against the request.

Petruff said, “If they wish to have the event without the alcohol, they still have a temporary use permit pending based on administrative review by staff.”

Neighbors comment

Susan Bush, of 48th Street, said she appreciated the vote and told the board, “We the immediate neighbors feel it’s out of scope within our residential neighborhood. We have had continuous problems with noise, weddings and parties held at this beach house. We’ve had problems with alcohol there before.”

Nancy Deal asked, “I know someone who goes there to do business. Is that legal?”

City Clerk Stacey Johnston said she could check if there is a home occupation license for that address, but traffic to the house is not permitted.

Tokajer said Code Enforcement Officer John Thomas is looking into the uses of the property. (See related story on this page).

Sally Owen asked, “How many complaints have there been at that address?”

Tokajer said there have been three noise complaints, but only one was founded.

Kim Rash stressed, “The city is at a turning point. This is starting a precedent where venues use our public beach and residential streets and interfere with the rights of our residents.”

Center moves luau to Sandbar

After Holmes Beach commissioners did not approve allowing alcohol at a beach luau fund-raiser, Center officials moved the event to another location. In addition, they changed the date due to inclement weather.

The beach luau is now set for Saturday, Feb. 6, at the Sandbar Pavilion, 100 Spring Ave., Anna Maria. It will include hula and fire dancers, a roasted pig and Hawaiian cuisine and drinks for $100 per person or $150 per couple.

For information, contact Wende Webb at 778-1908, ext. 9203 or wendew@centerami.org.

Island officials seek immediate ways to impact congestion

LONGBOAT KEY – Island elected officials plan to make a list of ways to immediately impact traffic congestion on the barrier islands to present to Florida Department of Transportation officials.

The idea came during a discussion of the FDOT’s anticipated barrier island traffic study, which is estimated to cost $675,000. The Sarasota/Manatee Metropolitan Planning Agency has asked the FDOT to fund the study.

Longboat Key Mayor Jack Duncan said, “In my opinion, this is a regional infrastructure problem. It’s a massive problem, but the there are opportunities to make adjustments that we can take to FDOT on things that can be done immediately.”

He suggested that each city make a list of ideas of things with immediate impact that would help their citizens. He gave the example of regulating crosswalks on St. Armands Circle instead of letting people cross the streets whenever they want.

Longboat Key Town Manager Dave Bullock added that FDOT could implement these short-term improvements while conducting the study.

Holmes Beach Mayor Bob Johnson added, “All of this would help keep the pressure on and get past the bureaucratic inertia.”

Anna Maria Mayor Dan Murphy asked if it could be something governed by another agency such as bridge openings, and Duncan replied, “I believe in creativity – anything and everything we can put on the list to build something that might have an impact.”

Officials agreed that they would submit ideas to discuss at the next meeting on Feb. 17 in Anna Maria and that Bullock would facilitate the discussion.

Bullock suggested they invite representatives from FDOT and the county and said, “One strength is the play of ideas between people.”

Island elected officials set calendar

The Coalition of Barrier Island Elected officials agreed on a calendar of meetings for 2016. The meeting locations rotate between the four member cities and are held at 2 p.m. The calendar is as follows:

• Anna Maria- Feb. 17, June 15 and Oct. 19;

• Bradenton Beach – March 16, July 20 and Nov 30;

• Holmes Beach – April 20 and Aug. 17;

• Longboat Key – Jan. 20, May 18 and Sept, 21.

There will be no meeting in December.

Street resurfacing begins

joe hendricks | sun

A proprietary binding agent is applied atop the stencil
product and existing asphalt as the work progresses
down Bridge Street.

BRADENTON BEACH – Working late last Thursday night and well into Friday morning, a work crew from Paveway Systems Inc. began resurfacing Bridge Street in a manner that left the completed portion resembling a brick street.

Led by company owner and president Tiffany Albright, the crew managed to finish an area of Bridge Street that extended from the east end roundabout to the west end of the Drift In parking lot.

The installation process began with the crew laying down a proprietary stencil product that established the grid-like patterns. The stencil product was then covered a section at a time with an epoxy-like proprietary binding agent that creates a mechanical bond with the aggregate surface material the workers dispensed by hand.

The excess material was removed with brooms and the stencil was pulled upward through the finished surface area to create the brick-like appearance.

While they worked, the courteous crew members exchanged pleasantries with the enthused Drift In patrons and other onlookers who took interest in their work.

Based out of Florahome, northeast of Gainesville, the crew was scheduled to resume work Sunday night or early Monday morning, depending on the weather. City Engineer Lynn Burnett said the application process ideally calls for temperatures that exceed 50 degrees.

The work will continue through the week, with the crew working at night whenever possible in order to lessen the impact on traffic and the Bridge Street businesses.

Lighter-colored crosswalks distinguished by a different grid pattern will also be installed.

The completion date is weather-dependent, but barring any unforeseen complications, the project should be completed within the next week or two.

“We’re excited to have the opportunity to work with Bradenton Beach, and it’s been a great experience,” Albright said.

When approved by the City Commission in November, the Paveway resurfacing was projected to cost $161,557.

Where have all the Cortezians gone?

CINDY LANE | SUN

Mary Fulford Green’s 90-year-old family home is one
of 11 remaining homes in the fishing village occupied by
original Cortez fishing family members.

CORTEZ – It’s not just Anna Maria Island that is losing residents and gaining tourists.

In the historic commercial fishing village of Cortez, just over the Cortez bridge from the Island, only 11 members of the original fishing families still live in their family homes, according to Mary Fulford Green, founder of the Cortez Village Historical Society.

“There are very few natives living in Cortez,” said Green, 90, whose family was one of the original fishing families to settle Cortez in the 1880s. “When I started making the list, I was surprised at the number. So many of the houses are now vacation rentals.”

The historical society is trying to discover where fishing family members have relocated, Green said. The results will be housed at the Cortez Cultural Center, the former Monroe cottage, which was relocated from Bradenton Beach to Cortez in 2011 and is under renovation. It’s a companion project to an effort to create a Cortez family tree, which already has more than 800 people, and will eventually include everyone who lived in Cortez between 1880 and 1940.

Most of the 97 historic structures in the Cortez historic district were at one time homes of fishing families, Green said. The district stretches from the FISH Preserve on the east to the Cortez bridge on the west and from Cortez Road on the north to Sarasota Bay on the south.

“There’s just a few of us that are left,” Green said. “I don’t know what will happen to these houses when those of us who are living in them are gone.”

Fishing family members still residing in family homes in Cortez:

• Mary Green lives in her parents’ house (Tink and Edith Fulford)

• Wally Lewis lives in his parents’ house (Riley and Amy Lewis)

• Gee Gee Mora lives in her in-laws’ house (Gilbert and Mary Mora)

• Laurella Staigerwald lives in her parents’ house (Hal and Ruth Culbreath)

• Carla Maddox lives in her grandmother’s house (Sue Maddox), the first house built in Cortez by Green’s grandfather in 1889

• Atlas Kight lives in her mother-in-law’s house (Mittie Kight Parent, whose first house burned; the citizens of Cortez bought a house and moved it to its present location for the widow, Green said)

• Betty Taylor lives in her in-laws’ house (Neriah and Lela Taylor)

• Anthony Taylor lives in his great-great-grandparents’ house (John and Nola Taylor)

• Joanne Capo Miller lives in her parents’ house

• Kaye Bell lives in her in-laws’ house

• A cousin lives in the Jules and Laura Mora house

Rental regulations on hold

BRADENTON BEACH – The quality of life ordinance adopted by the previous City Commission will be revisited and amended before any new vacation rental regulations are implemented.

Adopted in early November, the ordinance was never enacted or enforced because the accompanying fee structure for vacation rental registration and initial inspections was never fully determined or adopted by resolution.

During the commission workshop that took place Wednesday, Jan. 13, the commission unanimously agreed the ordinance needed more work. During last week’s commission meeting, the commission formally agreed to suspend any enforcement until the ordinance has been modified.

Three of the five current commission members were not in office when the quality of life ordinance was adopted, after then-Mayor Jack Clarke proposed it as an alternative to citizen requested building moratorium.

The commission will complete its review and adoption of the revised Land Development Code before work shopping the quality of life ordinance.

The Jan. 13 workshop provided Building Official Steve Gilbert and City Planner Alan Garrett an opportunity to share their insight on the ordinance as currently written.

Garrett said there are approximately 700 rental units in the city, including resorts and condos located in the R-3 and commercial zone districts, but he and Gilbert do not know how many of those qualify as short-term rentals. The state defines short-term rentals as a unit that is rented three or more times a year for less than 30 days at a time.

Spooner said a recent visit to the Vacation Rentals by Owner Website indicated there are more than 400 owner operated rentals being advertised in Bradenton Beach.

Gilbert and Garrett said they could carry out the ordinance as is if that was the commission’s desire, but they had concerns about the city’s ability to conduct that many annual inspections. They suggested the inspection requirements be revised to apply only to one- and two-family homes and duplexes located in the city’s R-1 and R-2 residential zone districts, which would significantly reduce the number of inspections needed.

Gilbert also expressed concerns about a provision that requires occupancy limits and owner/agent contact information to be posted on an exterior sign. Using the Runaway Bay condo complex as an example, he said this might result in 186 such signs being visible on the building exteriors, which he suggested might create an undesired visual appearance.

As an alternative, Garrett suggested creating an online data base that provides police officers and code enforcement personnel with the ability to access vacation rental unit occupancy limits and rental agent/owner contact information.

The commission liked this idea, and Spooner said eliminating the public posting of vacation rental contact information might also prevent the unintended consequences of an overzealous neighbor voicing repeated complaints to a property representative.

The commission agreed that the inspection requirements were too burdensome. They also agreed that the original intent of the ordinance was to address noise, parking and other behavioral issues, and the ordinance as currently written goes farther than what is needed.

When Vice Mayor Ed Straight asked how many complaints have been received about vacation rental guest behavior lately, Police Chief Sam Speciale said, “None.”

WMFR deputy fire chief retires

pat copeland | sun

Above, WMFR Chief Tom Sousa greets the group
and below right, Julius Halas presents Brett Pollock with an award.

HOLMES BEACH – West Manatee Fire & Rescue District (WMFR) held a retirement ceremony for Deputy Chief Brett Pollock on Jan. 19 at the administration building in Bradenton with friends, family and colleagues in attendance.

Pollock’s career spanned 36 years. He began as a volunteer for West Side Fire District in 1980 and was hired as a career firefighter in 1983. He worked his way up the ranks and was promoted to deputy chief in 20000 as West Side’s merger with the Anna Maria Fire District was completed

Fire Chief Tom Sousa thanked Pollock’s family for “giving him inspiration” and his parents for “giving him values.”

Julius Halas, director of the Florida State Fire Marshal's Office, presented Pollock with an award and praised him for his advocacy regarding firefighter safely.

“Brett took the flag and carried it,” Halas said. “Many firefighters’ lives were saved because of his work.”

Pollock received an award from the Manatee County Fire Chiefs’ Association presented by Chief Jeffrey Hoyle, of Cedar Hammock Fire Control District. WMFR presented Pollock with a flag that had flown over the capital, an axe and his helmet.

“This represents the completion of one phase of the journey serving the citizens of the district, the county and the state,” Pollock said and advised firefighters to “strive for perfection in what ever you do.”

The ceremony was followed by a reception in the administration building.

Officials learn about fertilizer ordinance

LONGBOAT KEY – Island elected officials received an education about landscaping and Manatee County’s fertilizer ordinance at their monthly meeting last week.

“We want to educate everyone about best practices,” Holmes Beach Code Enforcement Officer James Thomas told the group. “Since I’ve been working on the Island, I noticed a lot of landscape folks coming and going, and there are a lot of violations.”

Thomas introduced Michelle Atkinson, environmental horticulture agent for the University of Florida and the county, who said, “My goal with the Manatee County fertilizer ordinance is that I educate the professional landscape folks.

“There is a requirement that all landscapers for hire have a certification,” she said. “We offer a two-hour course plus one hour for testing. It can be done on our Website for no cost or live for $10.”

In addition she said there also is a certification requirement for anyone who applies fertilizer, and they must be licensed through the state. That course is six hours and is available on the Website or live for $25. Both classes are offered in Spanish.

She said all cities are governed by the county’s fertilizer ordinance unless they have opted out or have their own ordinance. Enforcement is though the county’s parks and natural resources department, but they focus on education.

“It is very important on the Island communities because many of your lots directly impact the Intracoastal Waterway, Gulf of Mexico and Sarasota Bay,” she explained. “Unless they are properly handled these nutrient sources go right in the water.”

Longboat Key Mayor Jack Duncan asked about education for residents who use landscape services because “people don’t know what’s being put on their lawns.” Atkinson said anyone can take the classes, and the county has brochures on the ordinance available.

She also offered to hold a training meeting for the employees of the island communities, and Thomas offered Holmes Beach as the location.


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