BRADENTON BEACH – It appears the city may have inadvertently eliminated City Commission term limits during the charter review process that took place last summer.

This revelation came to light during the Tuesday, Feb. 23, commission work meeting as the result of research conducted by first-term Commissioner Ralph Cole, who sought clarification on commission policies and procedures.

If Cole’s discovery is valid and is not overturned by a subsequent interpretation or a court order, third-term Commissioners Ed Straight and Jan Vosburgh could run for reelection next fall. Both commissioners were scheduled to term-limit out of office in November and at and at least three potential candidates have already picked up election packets.

The unintended elimination of term limits occurred as a result of charter language revisions and a charter amendment ballot question prepared by City Attorney Ricinda Perry and approved by the commission last summer.

Cole was not a member of the commission that reviewed the Charter Review Committee’s (CRC) suggested charter amendments and decided which ones would be placed on the November 2015 ballot for city voters to decide.

Referring to a charter document included in the work meeting packet, Cole said, “Basically what we did was we took off the term limits. So now there’s no more term limits.”

Vosburgh disagreed and said, “We did not change that.”

She said the commission approval of the charter amendment ballot question pertained only to candidate residency requirements.

“This is the charter now. It doesn’t say that anymore,” Cole said of the term limit reference no longer found in the current charter language.

“You are correct,” Vosburgh acknowledged.

“It seemed like when it came up before us that we voted to keep it,” Straight said.

He was referring to the Aug. 11 workshop at which the previous commission voted 3-2 in opposition to the CRC request that city voters be asked to repeal term limits.

“If this is the charter, they’re gone, because the voters decided,” Cole reiterated.

Vosburgh and Straight said later in the week they need further clarification before commenting on whether this development impacts their future plans.

Mayor Bill Shearon did not attend the work meeting and was out of town all week due to a death in the family.

What happened?

When asked about this matter later in the week, Perry did not provide a definitive explanation for what happened. She indicated some potential confusion regarding the differing opinions the CRC and commission held on term limits. She also pointed out that the commission had two public meetings in which to review the proposed charter amendments and ballot language she submitted.

“I do my best to capture what my clients want, but they need to check and see if I did,” she said.

The charter amendment ordinance and ballot language prepared by Perry after the Aug. 11 workshop did not reflect the commission’s workshop consensus that term limits be retained.

When Perry presented the ordinance on Aug. 20 and Aug. 25, exhibit B of the agenda packet provided commissioners with the charter language that existed at the time, which was indicated by strike-through markings.

That existing language said, “Candidates for elective office shall be electors registered and residing in the city of Bradenton Beach for nine months immediately prior to the date of qualifying.”

The strike-through language also said, “No person may hold the same elected office for more than three full consecutive terms.”

Also included was the proposed replacement charter language that made no mention of term limits. When approving the ordinance, none of the commission members realized the revised language, if adopted, would eliminate term limits.

The ballot language presented to commissioners and later to city voters simply said, “The city charter provides that candidates for elective office shall be electors registered and residing in the city of Bradenton Beach for nine months immediately prior to the date of qualifying. Should the city revise its charter to increase the residency time frame to 24 months?”

Voters approved the charter amendment, as worded, by a 236 to 116 margin.

If Cole’s interpretation is correct, reenacting term limits through voter referendum would require the support of the commission majority in order to place a corrective charter amendment question on a future ballot. As of Friday, the city had provided no additional clarification on this matter.

HOLMES BEACH – Commissioners Judy Titsworth and Pat Morton held fast in their opposition to the controversial parking permit ordinance, allowing the mayor’s veto to stand.

Commissioners approved the ordinance in January, and Mayor Bob Johnson vetoed it. In order to overturn the mayor’s veto, a super majority of four is required.

The ordinance would have prohibited parking on the rights of way between 9 a.m. and 5 p.m. except for residents with permits in a test area. The test area includes streets between 52nd Street and Manatee Public Beach west of Gulf Drive.

Prior to the motion to override the veto, Jayne Christenson, chair of the Island Congestion Committee, praised the three commissioners who voted for the parking permit ordinance and chastised the two dissenting commissioners.

“The most important job you have is representing the residents on issues that are important to us,” she stressed. “It’s not about what you want or think; it’s about the voters. Commissioners (Jean) Peelen, (Carol) Soustek and (Marvin) Grossman represent us.

“They are always accessible by phone, e-mail and in person to talk about what’s on the minds of residents, especially regarding issues that will be voted on. The three speak with credibility and passion. “

She said she is concerned that Morton does not read his e-mail or talk to residents and asked him to give a reason for voting against the permit parking ordinance, “especially when he flip flops his vote.”

Morton countered that he does read his e-mails and chooses which ones to answer.

Commissioners comment

Soustek said members of the Island Congestion Committee held their meetings in public, took public input and accommodated the suggestions of others before formulating their recommendation.

“They brought attention to the problems we’ve had because of our popularity. Their work should be applauded, not degraded. I thank them for all they did.” she said.

Peelen said she wanted the vote on record because “it is about listening to our residents.” She said commissioners asked the committee to limit the area for permit parking from the whole city to a test area “and then accused them of elitism.”

She said the opponents talked about the ambiance and friendliness of this Island and “that’s all lovely, but I don’t know when you’re going to recognize that you are living in a multimillion dollar industry.”

Grossman said he hoped they could reconsider a permit program in the future “to keep the residential nature of the Island.”

Titsworth said, “Instead of trying to come together to find a real solution, it turned into personal attacks because I was no longer considering the ordinance.

“I listen to the residents every day and I hear a whole lot more of them saying, ‘Thank you for not voting for that ordinance.’ It’s not right for the chair of the congestion committee to resort to personal attacks.”

Morton agreed with Titsworth and said, “Many people have come to see me and said, ‘Don’t change your vote.’ We have a problem but this is not the way to solve it.”

BRADENTON BEACH – The City Commission has requested a resolution that clarifies the terms “executive head” and “administrative oversight” as they pertain to the mayor’s supervision of city department heads.

This commission directive issued to City Attorney Ricinda Perry occurred during the Tuesday, Feb. 23, work meeting, which Mayor Bill Shearon could not attend because of a death in his extended family.

As department heads, Public Works Director Tom Woodard, City Clerk Terri Sanclemente and Police Chief Sam Speciale participated in the conversation chaired by Vice Mayor Ed Straight.

The four attending commission members also discussed meeting protocol, including the length of meetings and the manner in which issues are discussed by commissioners.

Last week’s work meeting was initiated by first-term Commissioner Ralph Cole so he and fellow first-term Commissioner Jake Spooner had a thorough understanding of the procedures and policies that determine how the city is governed.

Cole shared his interpretation of the city charter, which he said he came to through extensive reading of city documents and conversations he had with former Bradenton Beach Mayors Mayor Katie Pierola and Cole’s father, Gail.

Cole interprets the city charter to say the mayor serves as a liaison between the commission and the city department heads and has greater supervisory authority than any of the other commission members. Cole believes the supervisory authority comes from the commission as whole.

“Basically not one of us can go tell a department head to do anything, but as a whole we make the policies and procedures.” Cole said.

When asked, Sanclemente said she felt department heads, and not the voting mayor, should negotiate vendor contracts in order avoid potential conflicts that might arise from a commission member voting on a contract he/she helps privately negotiate. She cited as an example the sanitation contract Woodard recently negotiated with WastePro, which was reviewed and approved by the commission.

Woodard agreed that clarification of the mayor’s authority would be beneficial.

“I need to know what administrative oversight means. I can’t definitively tell you what that means,” he said.

“I believe it’s up to the commission to decide how you want things to run. I believe it is much more constructive when I receive direction from the commission and I’m allowed to go do what I’m to do as a manager,” he added.

Citing nearly two decades of department head experience, Speciale said, “I’m in charge of running my department. You guys can give us direction and if we don’t take that direction you can do something else.”

It takes the votes of three commission members to terminate a commission-appointed charter official, most of whom also serve as department heads.

“I don’t see anyone on the commission has enough (individual) power or authority to dictate what the department heads do, including the mayor,” Speciale said.

Spooner shared his opinion that administrative oversight sounds like more like a liaison-type role, whereas executive head seems to indicate someone being in charge of day-to-day tasks. He and the other commissioners agreed these two terms are somewhat contradictory.

“I think it needs to be one thing or the other. I don’t think it can be both those things. One’s kind of a passive role and one’s a strong executive role,” Spooner said.

Perry said the city charter provides the general framework for the mayor and commissioner’s responsibilities, but the commission as a whole determines its own policies.

In regard to meeting length, Cole cited an old ordinance that stipulates commission meetings are supposed to last no more than two hours, and commission consensus is needed to extend the meetings in 15-minute increments beyond that. He suggested items that appear later on the agenda, such as the mayor and commissioner’s reports, could be delivered by some other method. The commission agreed this neglected practice would be utilized from now on.

The commissioners also agreed that they wanted more back and forth dialogue among themselves, which does not happen currently with Shearon’s around the dais approach that only allows commissioners to speak when he recognizes them, going from commissioner to commissioner in a circular fashion.

With more to discuss, the work meeting was continued to Tuesday, March 8, at 1 p.m. The requested resolution will be presented at the Thursday, March 3, meeting, which begins at 6 p.m.

ANNA MARIA – Shawn Kaleta is taking his battle with the city of Anna Maria and Mayor Dan Murphy to the federal courts.

In February, a civil lawsuit was filed on behalf of Kaleta and Beach to Bay Construction. The suit was filed with the United States District Court for the Middle District of Florida; the nearest regional court is in Tampa. Attorney Randolph Smith is representing Kaleta in this case.

The city of Anna Maria, care of Dan Murphy, is listed as the defendant. City Attorney Becky Vose is serving in the city’s defense, and she was given 21 days to file an initial response.

The 28-page complaint states that despite the plaintiffs’ best efforts and intentions, they have become the focus of the city’s attention because of their primary identification with the commercial tourism industry in the city.

The complaint alleges the city has created a hostile environment filled with animosity toward the plaintiffs.

The complaint alleges the mayor and commissioners have and continue to make slanderous and false statements regarding the plaintiffs, which include telling residents their support is needed to “stand up to people like Shawn Kaleta.”

The complaint says the animosity directed toward Kaleta and his company reached a tipping point in the summer and fall of 2015, when the mayor and various city officials allegedly engaged in a concerted effort to single out Kaleta and his associates by subjecting them to “arbitrary, malicious, and initial discrimination.”

The complaint alleges the city allowed other developers to exceed maximum lot coverage standards, while preventing the plaintiffs from doing so. The complaint mentions several other local regulations that have been put in place in recent years and details several disputes Kaleta has had with the city.

The complaint accuses the city of stalling development efforts, shutting off power and issuing a stop work order without justification, banning the developer from obtaining building permits and filing a baseless complaint with the Florida Department of Business and Professional Regulation.

“The damage caused to Kaleta and his business by the city’s actions exceed $100,000,” the complaint states.

City officials are also accused of making unwritten and erroneous interpretations of city codes, policies and practices that have been applied solely to Kaleta and Beach to Bay.

The complaint alleges “a pattern of perpetual regulatory legerdemain” intended to prevent future development and construction of vacation rentals in the city. It also alleges these actions have damaged the plaintiffs in regard to lost business, lost customers, reduced property values, fees, fines and arbitrary demands, impairment to reputation, mental anguish, emotional distress and a chill on the rights to free speech.

The prayer for relief requests a trial by jury and a declaratory judgement finding the city’s policies, interpretations, practices and actions violate the rights of the plaintiffs in terms of free speech, due process and equal protection.

The plaintiffs are seeking injunctive relief ordering the city to “cease the unconstitutional and unlawful practices directed at plaintiff’s ability to build and renovate structures in the city.”

They also want the court to order city officials to cease from making false and slanderous statements and issue a public apology that is published in a local newspaper. The plaintiffs are also seeking the aforementioned financial damages and reasonable attorney fees and costs.

When asked about the suit and the allegations contained in it, Vose and Murphy declined comment.

HOLMES BEACH – After further revisions, especially to the section regarding exemption for pre-existing rental agreements, the city’s vacation rental ordinance was approved on second reading last week.

Larry Chatt, of Island Real Estate, questioned Section 4.17 regarding exemptions for contracts that were pre-existing as of Feb. 23, 2016.

“This is trying to provide a mechanism to acknowledge that vacation rentals are rented sometimes a long time in advance,” Petruff explained. “We don’t want to close the barn door after the horse has left.

“If you have a house and someone comes in next week and wants to rent if for eight people next season, no. But if you’ve already rented it for next season to eight people, and you can demonstrate that to us, then we’ll allow it.”

Chatt said he is concerned about individual owners and pointed out, “It’s pretty tight. Create a new date to give folks time to follow the rules.”

After some discussion, commissioners agreed on a date of May 1, 2016. Petruff said they could add a provision to require owners and agents to disclose pre-existing rentals to 2018.

Establishing a process

Police Chief Bill Tokajer said within 180 days of the passage of the ordinance, the city must establish the process of obtaining a vacation rental certificate. Once that process is established, owners and agents will be notified and have 90 days to submit their applications.

Human resource Analyst Mary Buonagura said there would be a period of public education and letters would be sent to owners that are not represented by management companies.

Chatt also questioned the sign regulations and asked to be allowed to continue to use the vinyl posts, which he said would cost him about $15,000 to replace. Commissioners agreed to remove wording requiring metal frames on signs.

Resident Scott Boyd questioned # 5 of Section 4.5, regarding information required for the vacation rental application that states the city has the discretion to request additional information. He asked for it to be stricken.

“I felt that language was very broad and provided the city at any point in time in the future to request virtually anything they wanted,” he said and added that it could be costly.

Petruff said it gives staff some discretion, but she didn’t think it would be a problem. Chair Judy Titsworth said if it becomes a problem, commissioners could change the ordinance.

The 23rd Annual Anna Maria Island Tour of Homes offers visitors a chance to view distinctive architecture, elegant interiors and stunning waterfront views on Saturday, March 19, from 10 a.m. to 4 p.m.

Acclaimed each year by professional decorators and past attendees, the tour will include five select Island properties in Holmes Beach and Anna Maria. The homes reflect various styles of Island living and provide participants with ideas for interior decorating and entertainment.

Tour of Homes tickets are $20 and are available at the following ticket outlets:

AMI Sun newspaper, 202 Palm Ave.; AMI General Store, 503 Pine Ave. The 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, 3218 East Bay 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.

The Tour of Homes Boutique, which will be located in one of the tour homes, offers original arts and crafts, culinary delights, as well as chances to win a beautiful handmade quilt created by the Eyeland Needlers.

The quilt is now on display in the lobby of The Center of Anna Maria Island, 407 Magnolia Ave., Anna Maria. Tickets are available from at the Center’s front desk for $1 each or six for $5. The quilt drawing will be held on during the Tour of Homes.

All proceeds from the Tour benefit The Center, which services over 5,000 children, families and seniors of this community with programs and services that otherwise would not be available.

For more Tour of Homes information, call Sandee Pruett at 941-518-7717. Tour sponsors include Anna Maria Island Sun, Beach to Bay Construction, Duncan Real Estate, Green Real Estate, Bradenton Herald and The Islander.

HOLMES BEACH – An elaborate plea from the president of a condo association did not sway commissioners, who voted in favor of vacating a 50-foot right of way known as Fourth Avenue between 34th and 35th streets.

Property owners Richard and Shelly Wheeler, of 202 35th Street, and purchaser and applicant William McGinnis made the request. The request included giving the city two privately owned beach parcels of 8,543 square feet west of the right of way and establishing a dune system across the right of way.

McInnis told commissioners he plans to demolish the four-unit rental on the property and build a home there and said he has accommodated all the changes requested by the city.

Attorney Bradley Ellis, representing McGinnis, said his client has agreed that the house to be built would be a single-family residence, that it would not be used for vacation rentals for 10 years, that McInnis would allow the city to construct a 5-foot wide bicycle and pedestrian path across the vacated property and that the current beach pathway would remain.

Ellis presented two proposed designs for the dune system, each with two rows of plantings. One would create an undisturbed environment to fill in the beach parcel and the other would give greater public use of the beach parcel and locate the dune closer to the private property.

Chair Judy Titsworth asked if there could be more rows of plantings, and contractor Brent Whitehead, who is assisting with the dune project, said there are 2,000 plants planned and that the dune would grow horizontally.

Making objections

Tom Seygul, president of the Gulf Beach Condo Association east of the Wheeler’s property, asked commissioners to postpone their decision. He said there is no public benefit to the exchange because:

• The beachfront parcel is valued at $500, less than the right of way, and is 200 feet away from the shore, making it of no value to the public.

• The dune would not benefit the public.

• The beach path could be straightened so it does not cross private property.

He said while most walkers and bike riders on Fourth Avenue turn left at 35th Street and cross Gulf Drive, while some turn right onto the condo’s driveway trespassing the 200 feet to 34th street.

He said potential public use would include a public walk and bike path for the 200 feet length of right of way between 34th and 35th streets similar to the one in Anna Maria along Gulf Front Park.

“This is a much more desirable way to traverse this north south direction,” he pointed out.

He introduced letters from three residents opposing the vacation request.

Commission consideration

Commissioner Jean Peelen said she read Seygul’s remarks and “I could not figure out why you were so adamant about this until you spoke tonight. Basically, you are trying to deal with trespassers around the condos.”

Seygul disagreed and said his proposal would benefit the community.

City Planner Bill Brisson said his original recommendation in support of the vacation application stands.

Seygul asked if the conditions agreed upon by McInnis are legally enforceable.

City Attorney Patricia Petruff responded, “The draft ordinance is predicated on certain things. If they are not met, it can be rescinded. It has been designed to insure that everything happens that was promised, and it runs with the land.”

Commissioner Carol Soustek said she felt the applicants “presented a very good argument. I’m reluctant to give away anything that the city owns, but with the provisions he put in here, I don’t see a problem.”

Commissioner Marvin Grossman they answered his questions, and Peelen said she is OK with it.

“I was always against vacating, but this is a swap,” Commissioner Pat Morton said. "We get something out of it.”

Commissioner Judy Titsworth asked if they could require McInnis to fund the bike path, but Morton was not willing to amend his motion to include that provision.

Petruff asked if commissioners had a recommendation on a dune option, and they agreed on the one that would give greater public use of the beach parcel and locate the dune closer to the private property.

The motion to vacate was approved with Titsworth dissenting.

BRADENTON BEACH – Contrary to recent claims, the submerged land lease issued to the city by the Florida Department of Environmental Protection (FDEP) does not prohibit tour boats from using the public day dock.

In response to inquiries made by The Sun, FDEP spokesperson Lori Elliot provided answers to a series of questions pertaining to the use of the city-owned day dock. The FDEP also addressed the city-owned commercial spaces located next to the AMOB restaurant.

When asked if the submerged land lease allows tour boats to use the city’s public day dock to pick up and drop off passengers, the FDEP response was, “The lease authorizes temporary mooring of vessels on a first-come, first-served basis.”

When asked if commercial vessels are allowed to share the use of the day dock with recreational users, the FDEP response was, “The lease provides for services to be offered to various public users.”

The FDEP also confirmed that the submerged land lease does not apply to, nor place any restrictions on, the use of the city-owned, subleased commercial spaces at the foot of the pier.

“The submerged land lease does not regulate the kind of activity that is occurring on adjacent uplands,” the FDEP response said.

This response coincides with Police Chief Sam Speciale’s belief that the submerged land lease does not apply to commercial spaces located at the foot of the pier.

Speciale and Building Official Steve Gilbert were scheduled to participate in a conference call with FDEP Monday morning in an attempt to confirm for themselves that the use of the day dock is compliant with the submerged land lease.

The FDEP responses contrast assertions by Bradenton Beach Marina owners Al and Mike Bazzy and others.

The Bazzys have repeatedly claimed that Sherman Baldwin’s use of the day dock for his Paradise Boat Tours operation violates the city’s state-issued submerged land lease.

The FDEP response also contrasts the verbal legal opinion attorney Fred Moore recently provided Mayor Bill Shearon, who then told the commission that water taxis can use the day dock, but tour boats cannot.

Based on the legal interpretation Shearon provided, the commission directed the mayor to find out if the existing submerged land lease could be modified, at a cost, to allow for commercial uses that would include tour boats.

Although that commission directive no longer appears necessary, the FDEP said, “A lessee would need to apply to the applicable DEP regulatory district to modify the authorized use of the facility.”

Because Baldwin’s subleased commercial space is not regulated by the submerged land lease, and because he is now selling live bait, the commission will have to revisit the non-compete clause contained in the city’s lease with AMOB President and master tenant John Horne. Speciale stated previously that Cortez resident John Maguire had to discontinue his day dock-based floating bait sales when Baldwin began selling bait.

Mooring field in play?

During the Feb. 18 commission meeting, Al Bazzy proposed a private-partnership that involved a managed mooring field owned by the city and operated by him and his son at a significant profit.

In regard to the city pursuing a managed mooring field with a private partner, FDEP was asked about the permitting that would be required.

“Mooring fields require a permit and a lease if they are on sovereign submerged lands. The department has recently developed a general permit for public mooring fields for up to 100 moorings. Mooring fields will also need a permit from the Army Corps of Engineers,” the FDEP response said.

The navigable waters south of the pier, where dozens of vessels are moored free of charge, are not currently subject to an existing submerged land lease.