The Anna Maria Island Sun Newspaper


Vol. 17 No. 14 - January 18, 2017

headlines

Fair weather greets runners

Carol Whitmore

TOM VAUGHT | SUN

The youngest runners, top photo, start the Dolphin Dash 1-mile run.

ANNA MARIA – When you plan outdoor events in January, like the Anna Maria Elementary School's Dolphin Dash, you never know what Mother Nature will have in store, even in Florida. Over the years, runners have had to deal with sweltering temperatures as well as unseasonably cold weather laced with rain.

Fortunately, the race run last Saturday at the school was blessed with perfect weather and the turnout was good.

The first run was a 5K race for adults and advanced kids. Racers of all ages, shapes and sizes lined up wearing their numbered tags on top of T-shirts. Some clearly were there to achieve their personal bests, setting their Fitbits and stop watches to monitor and chronicle their efforts.

Other runners, equally determined, had their children beside them while still others pushed baby buggies in front.

At the end of the race, Sarah Peace crossed the finish line as her daughter, five-year-old Maggie, rolled along being pushed in a pink, kid-sized miniature car. Peace said it was the last time Maggie would get a free ride.

"I've done this since she was two," she said. "She's gotten heavier, and she's slowing me down."

There were two women runners with prosthetic legs this year. They came in last, but finishing the race was a victory for them

Justine Clifton, from St. Petersburg, and Dana Pounds said they signed up at the urging of friends. They both have the same prosthetic trainer, who said they should make finishing the race their ultimate goal.

The crowd sensed the work that went into them finishing, and they received an extra loud round of applause and cheers as they crossed the finish line.

The first and second place finishers of the race were Corey Peyerk and Chris Kemp for the men and Raquel Lespasio and Alison Ecker for the women.

The final run covered a mile and it consisted of kids learning about the benefits of exercise.

The Bradenton Runners Club co-sponsored and timed the event and runnergirl.com advertised it on its website.

Dueling rental bills filed

ANNA MARIA ISLAND – Competing vacation rental bills have been filed by two state legislators and the passage of either bill would significantly impact the local regulation of vacation rentals.

Filed Jan. 10 by state Sen. Greg Steube, a Republican from Sarasota, SB 188 would prevent local governments from adopting new vacation rental regulations or enforcing local rental regulations adopted after June 2011.

Filed Jan. 9 by state Rep. David Richardson, a Democrat from Miami Beach, HB 6003 would give local governments almost unlimited authority to regulate or prohibit vacation rentals.

The fates of the competing bills will be determined by the Republican-controlled state legislature during the 2017 legislative session that begins March 7 and ends May 5.

SB 188

SB 188 proposes the new underlined language replace the existing strike-through language: "A local, ordinance or regulation may not restrict the use of vacation rentals, prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals based solely on their classification, use or occupancy."

The proposed changes would not apply to local laws adopted before June. 2011.

HB 6003

HB 6003 says: "A local law, ordinance or regulation may prohibit vacation rentals or regulate the duration or frequency of vacation rentals."

Existing state law adopted in 2011 and amended in 2014 prevents local governments from prohibiting vacation rentals or limiting the frequency or duration of their use.

Both bills were discussed at the Thursday, Jan. 12, ManaSota League of Cities meeting and the Anna Maria City Commission later that night.

League reaction

Representing nine cities in Manatee and Sarasota counties, the League of Cities board members expressed unanimous opposition to SB 188.

Bradenton Beach Mayor Bill Shearon asked board president Linda Yates to read a letter from Holmes Beach Mayor Bob Johnson.

"The preservation of Old Florida is at risk. The taking of home rule, specifically pertaining to local control of short term rentals, must be returned. Why is it believed the right to rent under any condition is deemed OK, but the right to live in what has been a peaceful and quiet residential way is deemed to be not OK. That our state government considers the former valid and latter invalid does not speak well for the property rights of Florida, and it needs to be fixed," Johnson's letter said.

"The short-term rental fiasco we're going through under the guise of property rights is insane. It is destroying communities" Bradenton Beach Commissioner John Chappie said.

Holmes Beach Commissioner Jean Peelen read a letter representing the collective views of her commission.

"The short-term rental industry constantly cites property rights as the justification for limiting regulation of the industry. We say that residents who actually live here or our snowbirds here also have property rights," she said.

It was agreed that a letter from the ManaSota League of Cities opposing SB 188 would be sent to Steube, the Florida League of Cities, Senate President Joe Negron and others. It was recommended that city officials and concerned citizens express their concerns to Steube, Sen. Bill Galvano and State Rep. Jim Boyd; and also send letters of support to Richardson.

Commission reaction

When discussing Steube's bill, Anna Maria Mayor Dan Murphy said, "He introduced a bill that would wipe out all the vacation rental work we've done. It's a very sinister bill."

Murphy said letter writing was fine, but he proposed hiring a lobbyist to work on the city's behalf in trying to defeat SB 188. The commission agreed and City Attorney Becky Vose was directed to bring back a recommendation on which lobbyist to hire. Murphy said he's already been approached by a Holmes Beach resident who's willing to contribute financially to these efforts.

"Everyone was appalled that Sen. Steube would introduce such a bill. This man doesn't seem to be very aware of what he's doing," Commissioner Carol Carter said of the meeting she participated in earlier that day.

"Or he's very aware," Commission chair Doug Copeland suggested.

"If this is passed, everything we've done is thrown out. Everything we've done will be in vain," Copeland said, noting that defeating SB 188 should be the city's top priority.

Steube explains vacation rental bill

SARASOTA – State Sen. Greg Steube, of Sarasota, has filed a new bill that if adopted would prevent local governments from enacting new vacation rental regulations or enforcing existing rental regulations adopted before June 2011.

Elected to the state senate in November, Steube represents Sarasota County and part of Charlotte County. From 2010 to 2016, the former Bradenton native served as a state representative and represented part of Manatee County, but not the barrier islands.

When contacted Friday afternoon, Steube explained his position on SB 188.

"I believe in people's private property rights, and I don't think vacation rentals should be discriminated against. I don't think you should pass a law like they've done in Anna Maria that's generated lawsuits and a whole host of Bert Harris claims – and they settle each Bert Harris claim by grandfathering the property in, so you're treating one house next to another house different just because of the manner in which the individual decides to use the property. I believe the private property rights trump the local governments and Anna Maria Island is a perfect example of all that," Steube said.

In regard to his bill potentially wiping out rental regulations already adopted or yet to be adopted in the three Island cities, Steube said, "Yes, that's the whole purpose of the bill."

He then said, "If you want to pass a noise ordinance or pass ordinances as to how many people can reside in a certain house that's fine. If you want to pass zoning that you can't do more than two or three stories, knock yourself out. If they want to pass ordinances, and their citizens are OK with them regulating their bedrooms, knock yourself out. My bill wouldn't affect that. My bill says you can't treat vacation rentals any different than any other homes in that municipality. That's what the bill goes after. If they're going to pass ordinances that apply to any property in the municipality, the bill that I'm going to pass would not affect them."

In response to suggestions that he proposed SB 188 because he owns rental properties or is catering to those who do, Steube said, "Go back to my senate campaign race and see if any one of the vacation rental companies contributed to my campaign. Not a single one of them has. It has nothing to do with that."

Steube and his wife own a property management company and multiple property holding companies. When asked if any of his companies own or manage vacation rentals, he said, "Absolutely not. I own no rental properties that are regulated by any municipality. I own a piece of property in Parrish that is regulated by a homeowners' association and the county, and the only other place I own property is in Tallahassee."

In response to the criticism he and his bill are now receiving, Steube said, "It's kind of interesting that all these commissioners are criticizing me at their meetings, on social media, in e-mails forwarded to me by other commissioners and not a single one of them has picked up the phone and called me or called me to set up a meeting to sit down and find out why I'm doing what I'm doing and the direction I'm going with the bill. You're going to criticize me, but you haven't even taken the courtesy to pick up the phone and call me."

Vacation rental regulations discussed

BRADENTON BEACH – The City Commission is working on new vacation rental regulations.

During the Wednesday, July 10, workshop, commissioners engaged in their first discussions on the vacation rental regulations recommended by the Planning and Zoning Board (P&Z).

The commission reached preliminary consensus in support of several P&Z recommendations and went a step farther in directing City Attorney Ricinda Perry to research a possible legal interpretation of the city's comprehensive plan as it pertains to the property uses allowed residential zones.

Similar to the declaratory judgement previously discussed, but never pursued by Anna Maria commissioners in 2015, Bradenton Beach Vice Mayor John Chappie believes the city's comp plan and land development code might prohibit rentals in two residential zones.

"To me it's clear that transient use isn't supposed to be allowed in R-1 and R-2, but it is. Now a single-family home can be hotel, transient-type activity and that was never the intent as far as I can find in our comprehensive plan and the land development regulations. Do we need some type of a legal opinion to see whether Bradenton Beach already had something on the books that it shouldn't be allowed, that it never should have been allowed?" Chappie said.

"I've tried to bring that point up several times. I was always under the impression that you couldn't take a single-family dwelling and turn it into a transient rental, which in my opinion is commercial. The only way that you could do something like that is to go to the city first and get a special exception," Commissioner Ralph Cole said.

"Whether or not the comprehensive plan is a legally enforceable document, as opposed to land development regulations, would be the question to get answered. The second question would be to the state of Florida as to was this in our comprehensive plan before you passed your law (HB 883 in 2011)? Can we now flesh that out as an enforceable doctrine in our land development code regulating duration of stay and frequency of stay?" Building Official Steve Gilbert asked.

When the city of Anna Maria researched this approach, one attorney felt this was a valid legal argument, and two others did not. When taken to court, similar cases in Jupiter and Fort Lauderdale resulted in judge's ruling in favor of vacation rental owners.

Additional consensus

The commission agreed that non-owner-occupied vacation rentals should be required to utilize side yard trash collection that entails the garbage man retrieving the trash receptacles and returning them to the side of the house.

The commission supports a false advertising ordinance that would penalize vacation rental owners and agents who advertise occupancy levels higher than what would be permitted by the city.

The commission agreed that rental owners and agents be required to post 24-hour contact information outside the structure and additional occupancy and parking information inside the dwelling.

The commission agreed that any new regulations also should apply to the R-3 zone district, which allows for condos and other more intense uses. P&Z recommended the regulations apply to the R-1 and R-2 zones only. During public input, RunAway Bay resident/owner Tom Mattern opposed exterior signs being required for every condo used as a short-term rental.

The commission discussed P&Z's recommended occupancy limit of two persons per bedroom plus two additional guests and its subsequent recommendation for an eight-person limit, but no consensus was reached.

In reference to the Bert Harris claims settled in response to Anna Maria's eight-occupant limit, Commissioner Jack Spooner said, "If we pass the eight-person max and people have five bedrooms they're going to file a Bert Harris claim and we're going to settle at two plus two. Why's it going to be any different?"

The discussions will continue at the Jan. 24 workshop at 1 p.m.

Pier funding clarified

file photo

The aging Anna Maria City Pier needs extensive rehabilitation.

ANNA MARIA –Manatee County officials have clarified their position on sharing the cost of the anticipated $2 million rehabilitation of the city pier.

At the request of Commissioners Dale Woodland, Nancy Yetter and Carol Carter, the city recently issued a request for proposals (RFP) seeking bids from firms interested in serving as the city's pier rehabilitation contractor.

Prior to RFP issuance, Mayor Dan Murphy repeatedly told the commission that his preliminary discussions with County Administrator Ed Hunzeker and Parks and Natural Resources Department Director Charlie Hunsicker indicated the city had to use the county's preferred design firm in order to be considered for up to $1 million in matching county funds.

These preliminary funding discussions ensued after the city and county received a structural assessment of pier from Bridge Design Associates in early 2016. The assessment stated the pier needed to be replaced or rehabilitated within five years.

Last week, Murphy was part of an e-mail exchange that clarified the county's position on the matching funds. The e-mail string began Thursday when Cliff Truitt, chief engineer for Taylor Engineering's Sarasota office, e-mailed County Commissioner Vanessa Baugh and asked if it was true that the county was insisting the city use the county's desired design firm. He said that would impact his firm's interest in responding to the RFP.

Baugh then asked executive administrative assistant Marianne Lopata to find out if this was the case.

In response to an e-mail inquiry from Lopata, Hunsicker wrote, "That is not true that the county has stipulated that Bridge Design Associates be used. Indeed, that is the reason for the RFP to allow the city to select their own firm and accept responsibility for the outcome."

After receiving this response Friday morning, Murphy e-mailed Hunsicker.

"I have been told by you and Ed from the very beginning of this project that the matching funds were contingent upon using the county's approved engineer firm for engineering and permits. Am I to understand this is no longer the case?" Murphy wrote.

"This is no longer the case," Hunsicker replied.

"For a year and a half, I've been told that any matching funds were contingent on using that design firm. I am pleased that apparently we now have the latitude to look at other contractors," Murphy said Saturday morning.

Hunsicker was then contacted for clarification on the city accepting responsibility for the outcome.

"It assumes responsibility for selection of the professional services and the extent of repairs specified. County staff, in turn, has indicated that it will recommend to the TDC (Tourist Development Council) and the Board of County Commissioners that the county agree to reimburse the city upon completion of pier repairs," Hunsicker said via e-mail.

He noted the matching county funds would not apply to costs associated with the rehabilitation of the restaurant, bait and concession services offered by city's pier tenant.

Hunsicker said the funding misunderstandings stemmed from the county and city sharing the cost of the original pier feasibility study performed by CB&I.

"Upon receipt of the pier feasibility report, there was discussion of continuing with the same firm and their subcontractor, Bridge Design Associates through design, permitting and construction. However, at the bequest of city council members, it was desired to bid the next stage on the basis of open competition through a request for proposals. I can understand the misunderstanding which led to assumption that the county was asking for the county's recommended consultant going forward and can accept some responsibility for the confusion."

Steube bill would slash cities' biz tax receipts

ANNA MARIA ISLAND – City officials in Bradenton Beach, Holmes Beach and Longboat Key are opposed to a new bill filed by state Sen. Greg Steube that would cap local business tax receipt license fees at $25.

If adopted by the state legislature during the legislative session that begins in March, SB 330 would also prohibit cities and counties that do not currently have business tax receipt programs from initiating them.

The proposed bill was discussed at last week's ManaSota League of Cities meeting.

When providing the members with a copy of the bill, Longboat Key Town Clerk Trish Granger said "That's going to result in a net loss to us of about $95,000 in our fiscal year budget."

Required of all who those operate businesses in the town, tax receipt licenses in Longboat Key currently range from $34 to $653.

Outgoing League of Cities President Linda Yates, from North Port, said "That's one of those bills we're going to have to have a united effort to tackle."

The bill was discussed later in the day at the Bradenton Beach department head meeting.

Vice Mayor John Chappie references Steube's bill and said the city currently expects to receive more than $57,000 in tax receipt license revenues during the current fiscal year.

"They keep taking and taking away from municipalities' ability to raise some type of revenue, and there's nothing to replace it, and they expect us to do more and more that the state isn't going to do. They catch us both ways," Chappie said.

Commissioner Jake Spooner said he pays $150 a year for his retail operation on Bridge Street.

"You're talking $25 from $150," he said.

"It's going to be pretty substantial," Mayor Bill Shearon said, noting that he pays more than $100 for his two rental units.

City Clerk Terri Sanclemente said the clerk's office sent out more than 700 business tax receipt license bills for the current fiscal year.

Doing some quick math, Shearon said, "We're going to lose $40,000."

Business tax receipt licenses in Bradenton Beach range from $18 for a coin operated laundry machine to $182 for a retail merchant or marina that carries more than $15,000 in inventory.

Holmes Beach City Treasurer Lori Kee said her city expects to receive $45,700 in business tax license fees during the current fiscal year. City Clerk Stacey Johnston said the city is also expected to receive approximately $50,000 in additional business tax revenues from vacation rentals.

Business tax receipt licenses range from $18 to $182 in Holmes Beach.

The city of Anna Maria does not have a business tax receipt program. When the possibility of creating one was discussed a few years ago, the city was informed that deadline to do so had expired. Manatee County does not have a business tax receipt program either.

Steube's position

When contacted Friday, Steube discussed his proposed bill. He said this issue has been floating around the state legislature ever since he was elected to the House six years ago. He cited the cities of Sarasota and Tampa as examples of those he feels abuse the local business tax program.

"Say you have a real estate company, instead of charging the company one single $100 business tax, they charge every single realtor associated with that particular office. It's heavily abused across the state, and the numbers are pretty egregious," he said.

When asked about the financial impact this would have on many Florida cities, Steube said, "Raise taxes. If they're worried about fees, then raise your ad valorem tax or cut your expenses."

Holmes Beach Mayor proposes special assessment study

KRISTIN SWAIN | SUN

Beachgoers flock to the Manatee Public Beach Jan. 15 to
enjoy the sun, sand and surf. Holmes Beach Mayor Bob Johnson
wants to commission a study analyzing how some of the infrastructure
costs incurred by the city can be paid by visitors.

Mayor Bob Johnson is concerned about a multi-million dollar deficit in funding to the city over the next 15 years.

Johnson began the discussion with commissioners during the Jan. 10 work session.

He said he estimates total capital improvement and operating costs for the city of $39,180,459 over the next 15 years. Of that amount, Johnson calculated only $14,606,325 would come from Manatee County funds, leaving a $24,574,134 deficit.

"I don't have a solution here, but there are some options we need to talk about," he said.

Johnson asked commissioners to consider engaging consultants from Stantec to conduct a study to determine what viable funding options the city has where the burden would mostly be carried by visitors or rental owners. His plan was to present commissioners with a consultant contract for consideration by the Jan. 24 meeting.

City attorney Patricia Petruff said the amount of the contract was likely to exceed the amount required for competitive bidding. She suggested the city try to find a way to work around the bidding process or piggyback on another municipality's contract, such as Anna Maria where the commission is considering a similar study with the same consultants.

"We're looking for a work around," Petruff said.

Johnson said he was willing to do the study independently or in conjunction with the other two Island cities.

Commissioner Jean Peelen said she would like for all three cities to participate in the study.

"I want to see what our problem is before we try to find a solution to the problem," Chair Judy Titsworth said. She suggested requesting beach concession funds to pay for the study if all three cities agree to participate.

Commissioners agreed to pursue a special assessment study and instructed staff to come to the Jan. 24 meeting with suggestions on how to move forward.

Closing time for Happy Ours

www.barfootshell.com | Submitted

The now defunct Happy Ours resort was well-known for its
wild tropical paint themes.

An iconic, funky local landmark was demolished last week when the Old Florida-style Happy Ours vacation rental units in Bradenton Beach were torn down. After purchasing the property in the mid-2000s, owners Richard and Shelley Wheeler created an Island-themed resort that featured vividly painted murals and song lyrics inside and outside of the multi-unit wooden structure. The Wheelers have not yet announced what they plan to do with their now-vacant waterfront lot along Gulf Drive.

When asked about the time he spent inside Happy Ours, Bradenton Beach Police Chief Sam Speciale said, "That's one of those eclectic structures that will never be reproduced in this city The insides of that place were unbelievable with the murals and all the paintings. I talked to the owners, and they said it was just time for it to go. It's a shame that it's gone, but I'm sure that what they put in its place will be beautiful," Speciale said.


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