ANNA MARIA – The charter county debate made its way to the City Commission last week after being discussed at a Bradenton Beach Commission meeting the week before.

The Manatee County Commission will conduct a charter county workshop Wednesday, June 14, at the Bradenton Area Convention Center in Palmetto, and city officials are trying to figure out how a conversion to a charter county would impact the Island cities.

"Is that good for us? Is that bad for us? I've had a lot people tell me you don't want charter government for the county and I've had some people say you really do want it," Anna Maria Mayor Dan Murphy said during the May 25 commission meeting.

He then brought attorney Wade Vose, the son and law partner of City Attorney Becky Vose, into the conversation.

"We are fortunate to have one of the foremost experts on county charter governments in the state, that would be our co-counsel," Murphy said.

Participating by phone, Vose said he's served as general counsel to the Orange, Brevard and Pinellas county charter review commissions.

"Instituting a charter county government is rarely a good thing for cities. Sometimes, as counties become more urbanized, it becomes inevitable, but instituting a county charter poses substantial risks for cities," Vose said.

"There is the ability within the charter to specify which ordinances, city or county, prevail in the event of a conflict. It essentially gives the opportunity for a county government to preempt whole areas of legislation to the county. This can be something as minute as adult entertainment ordinances following the county rule, or as expansive as all land use, land development and zoning. It puts in a framework for county government to have the potential to preempt the legislative powers of the municipality. It would be possible within that charter to specify that all regulations of vacation rentals shall be uniform countywide and handled only by the county commission," he explained.

Vose said his research indicates the efforts to make Manatee a charter county are being driven by those concerned about overdevelopment and expansive growth and their desire is to institute charter restrictions similar to those in Sarasota County.

"Sarasota County is one of only two counties that has land use regulations directly in their charter. To change any comprehensive plan designation to increase the density or intensity allowed requires a super majority vote of the County Commission. That leads to radically different outcomes when it comes to land use planning. I found a number of folks who are particularly enamored with those Sarasota County provisions," Vose said.

He then provided the commission with some advice: "If it starts to get a true head of steam and it can't be nipped in the bud, cities want to be sitting at the table in negotiating the terms of that initial charter. What cities should look to do if a charter county becomes inevitable is to negotiate provisions like you see in the Brevard charter, the Pinellas charter and in the Palm Beach County charter. Those charters have very specific and very strong provisions that protect cities. If it's going to happen, you want to build those protections into the county charter."

Commissioner Nancy Yetter asked Vose how the county would benefit by becoming a charter county. Vose said a charter would also allow the County Commission to be restructured in terms of how many commissioners are required. The county could also consolidate constitutional officers such as the sheriff, the clerk of the court or the property appraiser directly into the county government. Charter counties are also granted additional taxing authorities not provided to non-charter counties.

HOLMES BEACH — Concerns are mounting over the Building Department's performance.

During the May 23 meeting, Commissioner Pat Morton shared his concerns that Building Official Jim McGuinness is not always working to achieve the commission's directives.

One issue cited occurred after commissioners directed Police Chief Bill Tokajer and city code enforcement officers to begin citing The Ugly Grouper, 5704 Marina Drive, for not meeting construction deadlines as it undergoes remodeling. According to Morton, McGuinness instructed code enforcement to stand down and allow him to handle the situation.

Despite passing several construction deadlines, Tokajer said after code enforcement officers visited the site, The Ugly Grouper has been brought into compliance.

Other issues identified include McGuinness taking a three week vacation without informing commissioners or city staff, leaving permits approved but not issued while on vacation and not acting on resident complaints.

Morton offered commissioners copies of a letter received from resident Edna Ervin about a rooftop tiki bar installed at a property on Bayview Drive. In her May 12 letter, Ervin questioned if the bar had been approved by the building department. The letter stated she had broached the subject with city staff one month prior to contacting Morton.

"If citizens bring something to us, they do it for a reason," Morton said.

During the work session, Commissioner Judy Titsworth also expressed concern with how things are progressing in the building department, including the workload on McGuinness.

To help ease some of the stress on the building department, city leaders are hoping to fill two positions, one as a deputy building official to assist McGuinness and a construction review and inspections operations manager position being vacated by retiring employee John Hernandez. City leaders are already accepting applications for the construction review and inspections operations manager position.

McGuinness was unavailable for comment at press time for The Sun.

BRADENTON BEACH – The State Attorney's Office has dismissed the criminal charge stemming from the April 5 arrest of Freckled Fin owner Scott Lubore for a noise ordinance violation.

On May 19, Assistant State Attorney Casey Cahall sent a memo to Det. Sgt. Lenard Diaz at the Bradenton Beach Police Department that stated there was insufficient evidence to prove the crime Lubore was charged with.

"The responding officer used his decibel meter and obtained two readings where the defendant's music was above allowed levels. The officer informed the undersigned that the sound was measured for approximately 10-15 seconds total. Bradenton Beach City Ordinance 26-107 (d) requires that the stated maximum level be exceeded for 30 seconds during a five-consecutive-minute measurement period. Based on the above facts and circumstances, the state has insufficient evidence to prove beyond reasonable doubt at trial that the defendant exceeded the allowed noise level for longer than 30 seconds. As such, this charge is declined," the memo says.

On Friday, Lubore's attorney, Sean Flynn, said, "Although we are pleased with the decision by the state to not file criminal charges against Mr. Lubore, it is an absolute shame that a Bradenton Beach restaurant owner was physically arrested and taken to jail for an alleged noise ordinance violation, which is questionably unenforceable as it currently reads.

"Further, we have serious concerns about the vindictive nature behind Mr. Lubore's arrest and question why he was not simply issued an order to appear in lieu of a physical arrest and incarceration. As such, we will be exploring all avenues of potential civil action in response to this unfortunate set of events," Flynn said.

Flynn also believes there is flawed language contained in Section 26-105 (3) of the noise ordinance adopted in 2014. That section pertains to the enumeration of certain loud and raucous noise to be abated, and Subsection 26-105 (3) refers to "amplified music or sounds in excess of the limits and times specified in section 26-108."

The decibel level thresholds are stated in Section 26-107, and not in Section 27-108, which addresses exceptions granted by the city commission that allow live music to be played later on certain holidays, including the Fourth of July and New Year's Eve.

When discussing the State Attorney Office's decision, Police Chief Sam Speciale said the officer who made the arrest did take proper decibel readings, but he failed to fully note the duration of the readings in his arrest report.

"It doesn't change anything as far as our enforcement. We're going to go back and make sure the ordinance is correct and that our officers are aware they have to take the reading for a certain amount of time," Speciale said.

As for future violators being arrested, Speciale said, "We have the ability to make an arrest, but that doesn't mean we're going to do it."

The city has not yet scheduled the noise ordinance work meeting the City Commission requested as a follow to its May 9 noise ordinance workshop. During that workshop, Speciale asked the commission to consider allowing on a trial basis open-air live music being allowed until midnight on Fridays and Saturdays.

Speciale also suggested the noise ordinance be amended to state that decibel readings taken by an officer who is not responding to a noise complaint are to be taken 100 feet from the center of the stage rather than the establishment's property line. A reading taken in response to a complaint is to be taken near the complainant's residence or place of lodging.

 

HOLMES BEACH – Bradenton resident Nancy Ambrose turned herself in Wednesday, May 24, in response to an arrest warrant that alleges crimes were committed during her oversight of a butterfly garden at Holmes Beach City Hall.

Police Chief Bill Tokajer distributed a press release and a copy of the 21-page arrest warrant that listed three charges stemming from actions taken between late 2014 and early 2017.

The warrant, prepared by Det. Sgt. Brian Hall, listed three charges: scheme to defraud, less than $20,000; operating an unlicensed charity; and solicitation as a charity without authorization. Scheme to defraud is a third-degree felony.

Ambrose was released from the Manatee County Jail the following morning after posting bond.

"It was a 12-hour ordeal with the jail. I do not understand it, so I will look forward to my day in court," Ambrose said via e-mail.

Tokajer's press release said the investigation into Ambrose and the Manasota chapter of the North American Butterfly Association (NABA) began after a several complaints were made to the city about the condition of the butterfly garden.

In 2008, Ambrose reached agreement with the city that allowed her to maintain a butterfly garden on city property. The butterfly garden was abandoned in mid-2016, and that area is now a memorial garden maintained by the city.

"The defendant repeatedly obtained money by holding fundraiser arts and craft fairs and selling bricks for the garden, fraudulently using the name of the North American Butterfly Association," Tokajer's press release states. "The money raised was supposed to be for the care and upkeep of the butterfly garden.

"The defendant has also used some of the money obtained for personal gain, as documented in the bank records. A review of the bank records showed Ambrose would receive approximately $3,500 a year in donations from arts and craft fairs held on the Island."

The warrant also says Ambrose is the only person listed on the Manasota NABA bank account that listed a $44,243 balance in December.

The warrant documents $650 in unauthorized expenditures for plants, fencing, insect killer, hose nozzles, trimmer line, a sprinkler timer, a toilet seat and more, none of which could be attributed to the butterfly garden.

Ambrose also wrote a $600 check from the NABA account for cash and two more checks to her husband David – a $41.58 check that said "Wal-Mart plants for Vets area" on the memo line and a $100 check for "irrigation," according to the warrant. Neither purchase could be verified.

The warrant goes on to say that the remaining funds for a dissolved NABA chapter are supposed to be turned over to the national organization, which never happened.

Two Holmes Beach residents complained to the city in January about checks given to Ambrose that never resulted in memorial bricks being installed. In May, the owner of TNT Events said he would not have allowed his events at city field in Holmes Beach and Coquina Beach in Bradenton Beach to serve as butterfly garden fund-raisers if he had thought it was not a legitimate not-for-profit.

"Based on the aforementioned facts, statements and circumstances, your affiant believes there is probable cause to arrest Nancy Ambrose for scheme to defraud," the warrant states.

Regarding the additional charges, the warrant says, "The defendant has been operating a charity using the NABA name and saying she is president of the Manasota chapter. It was found the Manasota chapter had been dissolved by the founder, Connie Hudson, in 2011."

The press release states the Manasota chapter was never registered as a charity with the Florida Department of Agriculture and Consumer Services.

Ambrose's arraignment hearing is scheduled for June 23.

Ambrose remains actively involved in the Beach Market at Coquina Beach.

HOLMES BEACH — Commissioners are on both sides of the fence over the potential of hiring a city manager.

During a May 23 work session, members of a residents' committee presented the pros and cons of hiring a manager.

For the residents, transitioning to a city manager form of government has primarily positive outcome scenarios, according to members of the committee.

"I wish I could say I found some negativity, but I didn't," resident and committee member Renae Ferguson said. "I think the results we got were enlightening to say the least."

Ferguson reported that out of the 12 coastal cities spoken to, all were pleased with the results of having a city manager, versus only a mayor, to handle the day-to-day operations of the city. The reason was listed as the consistency a city manager provides.

Unlike a mayor, who faces re-election every two years, a city manager is a hired employee who is expected to be with the city long-term. City managers also are required to meet certain job qualifications whereas a mayor can be anyone who qualifies to run for office. In Holmes Beach, that means meeting a residency requirement and candidate paperwork deadlines.

If commissioners choose to pursue hiring a city manager, a mayor would still be elected every two years but would be responsible for oversight rather than the daily activities of city government.

Mayor Bob Johnson said he's in favor of creating a city manager position to foster continuity for staff and residents after his current term expires.

Johnson previously announced he wouldn't be seeking a third term as mayor. His current term expires November 2018.

Commissioner Carol Soutek agreed with Johnson.

"It's a small city with big city problems," she said of Holmes Beach. Soustek expressed concern that with a shrinking pool of residents, particularly those willing to take on the role of mayor, it may be time to consider revamping the city's form of government.

"It's not a choice up here anymore, it's kind of a necessity to consider this," she said.

Commissioner Judy Titsworth isn't sure a city manager is the right move for Holmes Beach. She said she would like to see an election pass without a mayoral candidate stepping forward before she considers installing a city manager.

"If each charter position was hired as a competent team player to uphold the wishes of the commission through the mayor, our charter would work," she said. At this time, Titsworth said she's unwilling to expend the time and effort needed to review and change the city's charter to accommodate a city manager position.

"I think you're naïve about the charter," Johnson said. "We have a good staff, that's not the issue. The issue is stability. The city is suffering in a way it doesn't need to."

"This is definitely one thing that doesn't need to be rushed," Titsworth said.

Soustek recommended moving the discussion to the next work session for further contemplation by commissioners.

"Come back again," she said to members of the residents' committee. "It will be continued."

No solution is forthcoming in the dispute between Holmes Beach and residents at Westbay Point and Moorings condominiums.

City Attorney Patricia Petruff said the city hasn't received the riparian rights survey requested in January. The survey was ordered to help settle a disagreement between city leaders and residents at the neighboring property over whose property the boat lifts are located on.

The dispute began when city leaders authorized the installation of boat lifts and canopies to protect two rescue boats, one for West Manatee Fire Rescue and another for the Holmes Beach Police Department, at the 63rd Street public boat ramp. The boat ramp property is owned by the city, but residents argue they have riparian rights to the area and the canopies are blocking their views, potentially causing property value loss.

Petruff said the delay is caused by the complicated nature of the shoreline and property ownership in the area. In a conversation with the surveyor, Petruff said the survey was being reviewed for accuracy before being submitted to city hall.

Until the survey is delivered, Commissioner Judy Titsworth said no changes will be made to the boat lifts or canopies.

CORTEZ – On Friday, May 26, the schooner San Francesco was towed from its longtime docking spot in front of the Seafood Shack to its new spot along the seawall between the Seafood Shack and Annie's Bait and Tackle.

Mark Ibasfalean and Michael "Fin" Wood piloted the two boats that towed the schooner to its new location. They were assisted by Joe Seeley, Dana Nyhan, Edward Shorter and Albert Luper.

Because the schooner's wooden hull is no longer seaworthy, Seafood Shack Chief Operating Officer Jeb Lippincott said the plan is to shore the schooner up at its new location so it rests on submerged supports instead of actually floating. Some kind of breakwater may also be installed to further protect the 66-foot ship built in Italy 1870.

Lippincott said the exterior might be repainted and the masts might be replaced later to further enhance the appearance of the historic schooner that will serve as a point of interest and provide photo opportunities for those who visit the business complex near the Cortez Bridge.

Recently purchased by the Seafood Shack, the Vanessa Maria will move into the schooner's former slip before being put into service for deep sea fishing charters and sunset cruises later this summer.

HOLMES BEACH — Commissioners wasted no time issuing a verdict on a resident proposition to create an overlay district.

After hearing several people speaking for and against establishing an overlay district in a beachside section of a R-1 zone to allow short term rentals, commissioners denied the request with little discussion.

"The location is a prime area for resort housing," Commissioner Judy Titsworth said. "It's also a prime area for residential families to have a slice of paradise."

The area, located west of Gulf Drive and stretching from 43rd Street to 52nd Street, fell victim to a zoning change in 2007 which stipulated a minimum of 30 day rentals in R-1 zones. To help ease the burden on residents, the commission at the time granted a sunset clause of 10 years for any affected properties operated as a short term rental of 7 days or more.

The sun went down on that clause earlier this year, removing the ability of property owners to continue renting for less than 30 days.

"We're like a little island surrounded by short term rentals," resident Linda Gallen said, pleading with commissioners to consider establishing an overlay district in her neighborhood. She added her family wouldn't have bought their investment property in 1973 if they had known then it couldn't be rented weekly at some point in the future.

"Renting by the month puts an impossible financial strain on owners," she said.

"Please don't make it impossible for us to keep our home and pass it down to the next generation," resident Debra Gutierrez said, speaking on behalf of her husband Albert who was absent from the meeting.

Gallen proposed the overlay district only be applied to existing structures to prevent developers from coming in to tear down smaller homes to build the large rental houses that commissioners are trying to deter in the city.

Commissioners cited fear of establishing a precedent for other R-1 zones with rental properties in it and removal of home rule as two of the reasons for refusal.

"I can't jeopardize the entire island for one section," Commissioner Carol Soustek said. "We have to go back and correct what was not done but should've been done 10 years ago."

Commissioner Pat Morton said he has compassion for the affected property owners but does not support an overlay district.

Commissioners weren't the only ones who didn't support the proposed overlay district.

Resident Jeff Connor said he felt the proposed overlay district would undermine the character of the Island and its neighborhoods. Fellow resident Dave Pate questioned why the matter would be brought up by residents at the end of the sunset period.

"To put consistency back on this Island, I vote against any change," Soustek said, closing the discussion.