AMI Sun

Locals join hands to fight big government

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April 15, 2024

Locals join hands to fight big government

HOLMES BEACH – A grassroots movement to bring awareness to Florida legislators’ efforts to consolidate or eliminate the three Anna Maria Island cities drew about 300 people to its first event, a peaceful protest on the sand.

The crowd gathered just north of Manatee Beach on April 13 for a Hands Across the Sand event held by Save Florida Home Rule, a group of residents, vacationers and property owners who want to stop the overreach of state government. Members of the group are vocally against the consolidation or elimination of the three Island cities as well as the construction of a parking garage at Manatee Beach.

Joining hands, the group shouted, “Protect paradise” and “Keep your hands off our Island cities” as messages to Manatee County and Florida state lawmakers to stop governmental overreach and allow local municipalities to govern their own cities.

The parking garage bill passed the Legislature without protest in 2023. The bill allows for Manatee County commissioners to construct a garage at the beach property against city of Holmes Beach land development regulations and zoning codes. The garage bill was protested by residents, visitors, property owners and city elected officials, but those protests were ignored at the county and state levels. Resident and one of Save Florida Home Rule’s organizers, Barbara Ehren, wants to make sure that doesn’t happen again with the elimination of the cities.

“There is a group of people who are gathering together to save Anna Maria Island because we are very concerned about the move afoot in the Florida Legislature to either consolidate the cities or disband them and put them under either Bradenton or (unincorporated) Manatee County,” Ehren said. “We do not want to see that happen because we suspect, and I believe it’s more than a suspicion, that what would happen under those circumstances is we would lose our zoning and get lots of high-rises. And then lovely Anna Maria Island that everyone adores would become Miami Beach. The visitors don’t want that and those of us who live here don’t want that to happen.”

The group was joined by Holmes Beach Commissioners Pat Morton, Terry Schaefer and Carol Soustek, who all participated in the event.

“This is the community,” Morton said, gesturing to the gathered residents, visitors and other concerned individuals. “I’m going to go out here to see if I can find some beach people to come and join us. This beach is for them too, it’s not just us. We’re trying to open up some people’s minds to what’s going on. A lot of people in Bradenton, over in Manatee County they think ‘Oh, it’s your problem.’ No, it’s your problem over there too. They don’t realize this is going to affect them too.”

“This is a citizens’ generated event today and that’s certainly what’s going to be most helpful in making everyone in our area, not just on our Island, aware of the threat of dissolution of our Island, our cities,” Schaefer said. “This is a first step in kind of igniting interest community-wide and getting people out physically to the beach to determine and show that there is a line of defense in supporting and maintaining our way of life and quality of life.”

Soustek joined other volunteers in helping to gather signatures on letters protesting the elimination of the three Island cities prior to the start of the event from participants. She said the letters are to be sent to state Rep. Will Robinson Jr. and Sen. Jim Boyd. The two are members of the Manatee County state legislative delegation and both support the parking garage and the state-sponsored Office of Program Policy Analysis and Government Accountability study looking at the possibility of eliminating the cities. The OPPAGA study is the first step toward a special act of the state Legislature eliminating or consolidating the three cities.

The study is looking at four possibilities – consolidating the three cities into one new city, eliminating the cities and putting the Island under the jurisdiction of unincorporated Manatee County or the city of Bradenton, or leaving the cities as is. On a recent visit to Holmes Beach, Mayor Judy Titsworth said OPPAGA representatives were looking at eliminating the cities and putting them under the jurisdiction of unincorporated Manatee County, meaning that the county commissioners would decide all matters of government for the Island. The majority of county commissioners live east of I-75 and only one, at-large Commissioner George Kruse, frequently visits the Island to speak with residents and local elected officials. District Three Commissioner Kevin Van Ostenbridge is the county’s largest supporter of the removal of the existing historic cafe building at Manatee Beach and installing a three-story parking garage there. Building the garage would also mean that beach parking in all three Island cities would largely be paid parking instead of free for the public. Currently, Holmes Beach is the only Island city that does not allow paid parking.

To keep up and get involved in the ongoing effort to preserve the Island cities, visit www.facebook.com/savefloridahomerule or email savefloridahomerule@gmail.com. The group also has T-shirts, baseball caps and other items to help raise awareness for sale at the Anna Maria Island Historical Society Museum at 402 Pine Ave. in Anna Maria.

State seeks contempt ruling in net camp case

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Leslie Lake

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April 15, 2024

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State seeks contempt ruling in net camp case

CORTEZ – The Florida Department of Environmental Protection (FDEP) is continuing to tenaciously pursue the enforcement of a 2019 judgment against Raymond “Junior” Guthrie to remove his net camp off the coast of Cortez in Sarasota Bay.

According to the judgment, the state of Florida owns the submerged land under the net camp.

In a March 28 filing in the 12th Judicial Circuit Court, FDEP Assistant General Counsel Cameron Polomski asked the court to find Guthrie in civil contempt of the court order and impose sanctions that could include incarceration.

Guthrie had a deadline of March 5 to either remove the structure or show cause why the final judgment ordering its removal should not be enforced. According to court records, he has not done so.

Polomski asked the court in his motion to “impose appropriate sanctions including, but not limited to the incarceration in the county jail for no more than six months or until defendant purges the contempt by completing the removal of the structure or any other remedy this court deems just and appropriate.”

The attorney also wrote that a site inspection was conducted by FDEP on March 15 and “At the time of the inspection the structure was still present, no effort to remove the structure was apparent.”

A court hearing is scheduled for Wednesday, May 1.

Long before monofilament nets made cotton fishing nets obsolete, historical photos show dozens of wooden net camps dotting the waters off Cortez. Cortez commercial fishermen used net camps – structures built on pilings in the water – to mend, clean, store and dry cotton fishing nets.

Guthrie’s net camp, built in 2017, is one of two such structures off Cortez.

The civil suit against Guthrie began on Feb. 6, 2018 when the FDEP claimed that Guthrie had constructed an unauthorized enclosed docking structure on sovereign submerged lands in Sarasota Bay, and asked for its removal.

Guthrie maintained that his family previously had a net camp in that spot and the structure was protected under the 1921 Butler Act, which awards title of submerged lands to adjacent waterfront property owners who made permanent improvements on the submerged lands.

On May 4, 2023, 12th Judicial Circuit Court Judge Edward Nicholas signed an order dismissing the case due to failure to prosecute, but on Nov. 2 it was reopened at the request of FDEP, which claimed it had not been given proper notice.

The second net camp in Cortez, known as the Curt Johns net camp, is owned by John Guthrie. It is scheduled for refurbishment by the non-profit Florida Institute for Saltwater Heritage (FISH) and is part of Organized Fishermen of Florida’s April 20 coastal clean-up initiative.

Sea turtle nesting season begins

Featured

Leslie Lake

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April 15, 2024

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ANNA MARIA ISLAND – The traditional May 1 start of the sea turtle nesting season is now April 15, according to Anna Maria Island Turtle Watch and Shorebird Monitoring, whose volunteers began monitoring the beaches this week for signs of nesting.

Residents and beachgoers can help improve the chances of successful turtle nesting and hatching this season by turning off lights visible from the beach and closing blinds or drapes from sundown to sunrise. Lights confuse nesting sea turtles and may cause them to go back to sea and drop their eggs in the water, where they won’t hatch. Light can also attract hatchlings away from the water.

Don’t use flashlights, lanterns or camera flashes on the beach at night; they can disorient turtles.

Remove all beach chairs and other objects from the sand from sundown to sunrise; they can deter sea turtles from nesting, entrap them and disorient hatchlings.

Fill in the holes you dig in the sand before leaving the beach. They can trap nesting and hatching sea turtles, which cannot live long out of the water. You might also accidentally dig into an unmarked nest. To report large holes or other turtle obstacles, call:

• City of Anna Maria code enforcement – 941-708-6130, ext. 111;

• City of Bradenton Beach code enforcement – 941-778-1005, ext. 227;

• City of Holmes Beach code enforcement – 941-778-0331, ext. 260.

Level sandcastles before leaving the beach; they can block hatchlings from the water.

Don’t use balloons, wish lanterns or fireworks; they litter the beach and Gulf, and turtles can ingest the debris.

Avoid trimming trees and plants that shield the beach from lights.

Never touch a sea turtle; it’s the law. If you see people disturbing turtles, call the Florida Fish and Wildlife Conservation Commission’s Wildlife Alert hotline at 888-404-FWCC (3922).

A series of Turtle Talks about living with sea turtles is being planned for May at Holmes Beach City Hall, with dates to be announced soon, Turtle Watch Executive Director Kristen Mazzarella said.

Funding for the educational outreach program comes in part from the Suzi L. Fox Adopt-a-Nest Program. For a $125 tax-deductible donation, a plaque dedicated to a person or organization of the donor’s choice is placed on a sea turtle nest that has been laid on an Island beach. When the nest hatches and data is collected, an adoption package is sent to the donor containing a personalized adoption certificate and the location of the nest, the handmade wooden plaque, information about the nest written on the back of the plaque and a letter of appreciation from the volunteers working on the nesting beaches.

“We do not let you know when your adopted nest will hatch. This is protected information that we do not give out,” according to the Turtle Watch website.

Plaques will be placed on the beach between mid-June through August and remain on the nests for the approximately two-month incubation period.

Responses filed in negligence suit

Jason Schaffer

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April 15, 2024

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HOLMES BEACH – The two defendants in a civil suit filed by the daughter of Miriam Trotter, 86, of Bradenton, who was killed in a traffic accident on May 12, 2023, have filed responses to the suit in Manatee County’s 12th Judicial Circuit Court.

Deborah Trotter, 66, of Maryland, was crossing the street with her mother, Miriam, shortly after the reopening of the Holmes Beach intersection of Marina Drive and Gulf Drive, according to the suit. The two were crossing the street in the crosswalk when a 2018 GMC truck driven by Michael Ritchie, 43, of Bradenton, made a left turn on a green light and did not see the women crossing, resulting in both being hit by the truck.

According to a Holmes Beach police report, Ritchie was traveling south on Marina Drive turning left on Gulf Drive. The truck was stopped in the turn lane to turn onto Gulf Drive. The light turned green and Ritchie began to make the left turn onto Gulf Drive. The Trotters were crossing in the marked crosswalk, northbound over Gulf Drive, when they were struck by the truck. Both pedestrians were transported to HCA Florida Blake Hospital with injuries. Deborah was released from the hospital the same day, but Miriam suffered critical injuries during the crash and died on May 17.

HBPD Chief Bill Tokajer said Ritchie was cited for failing to yield the right-of-way to a pedestrian at an intersection with a traffic control device, but was not charged with a criminal offense since their investigation determined he was not under the influence of drugs or alcohol and did not leave the scene. Ritchie was found guilty on Aug. 9, 2023, and fined $166.

On Dec. 27, 2023, Deborah Trotter filed a civil suit for $50,000 as the personal representative of the estate of her mother. Trotter’s lawsuit lists Ritchie individually and C-Squared Certified General Contractor Inc., a Florida corporation, that was the primary contractor overseeing all aspects of the months-long improvement project at the intersection where the accident took place. Trotter’s suit claims the barricade placement, maintenance of traffic modifications, lack of signage, lack of coordination between traffic and pedestrian signals, and many other factors made the intersection dangerous. The suit claims that Miriam Trotter’s death could have been prevented if C-Squared had not been negligent.

The suit claims Ritchie was negligent on 14 counts, which include failing to yield the right-of-way, failure to be aware of traffic conditions and 12 other actions that allegedly led to Trotter’s death. In Ritchie’s Feb. 1 response to the suit, filed by his attorney, W. Scott Hamilton, Ritchie admits that Trotter was struck by the vehicle, but denies all other allegations. The response also claims that all damages in the incident were caused in whole or in part by the negligence of persons or entities other than Ritchie, including, but not limited, to C-Square.

C-Squared’s response to the suit was filed on March 19 by attorney Jeremy Chevres. The response claims Trotter’s death and any damages were caused by negligence on the part of Trotter and Ritchie.

“The plaintiff’s alleged injuries and/or damages resulted from independent, subsequent, unforeseeable, intervening and/or superseding causes beyond the defendant’s control, and consequently, the defendant is not liable,” Chevres said in the response.

A Zoom video hearing is scheduled for Monday, April 22 at 11:30 a.m. in Manatee County’s 12th Judicial Circuit Court before Magistrate David Caskey.

Commissioners address consolidation

Kristin Swain

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April 15, 2024

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HOLMES BEACH – Commissioners again discussed their concern about a move by the state Legislature to eliminate the three Anna Maria Island cities, consolidating them into one city, into the city of Bradenton or into Manatee County.

During an April 9 meeting, Commissioner Terry Schaefer addressed the elephant in the room, stating that he and other city leaders believe that the ongoing Office of Program Policy Analysis and Government Accountability (OPPAGA) study is likely to recommend elimination of the cities and place Anna Maria Island under the control of Manatee County commissioners. He said the study is due to be completed by the end of July.

City Attorney Erica Augello said that the report will be sent to the legislators who requested it but otherwise, the results of the study may never be seen by anyone else. State leaders are under no obligation to release the study or its results to any other officials or the public.

Schaefer said the members of the Manatee County state legislative delegation, particularly Rep. Will Robinson Jr. and Sen. Jim Boyd, requested the report.

At the same meeting, Holmes Beach Police Chief Bill Tokajer said the average response time for his officers is two minutes. The department has its own dispatcher, meaning that only calls to 911 have to go through the county’s dispatchers, saving response time for callers directly to the police department. Schaefer said that one adverse effect of the elimination of the cities would be that all emergency calls would need to go through the county and be answered by the Manatee County Sheriff’s Office, exponentially increasing response time and potentially creating a public safety issue.

“That’s just one example of a potential issue that can arise for our residents,” he said.

Schaefer also noted that city leaders cannot put a referendum on the ballot to vote against consolidation or elimination of the cities, but local voters can. He said that he encourages members of the voting public who are against consolidation or elimination to consider creating a ballot referendum.

If a referendum is created, it could be the only chance voters have to make their voices heard on the matter. State legislators can force the cities into consolidation by creating and voting on a bill. As long as it’s approved by the governor, the bill would become law without any input from the local governments, community members or voters.

Artists’ Guild features Patterson

Jason Schaffer

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April 15, 2024

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HOLMES BEACH – The last Holmes Beach Night Market of the season packed the sidewalks with shoppers, diners and art lovers on April 12, who were introduced to the Artists’ Guild of Anna Maria Island’s Featured Artist, Kathy Lee Patterson.

Patterson says she is inspired by local flora, fauna and water scenes.

“I specialize in acrylic, but I really love to be experimental,” Patterson said. “You’ll notice in my feature display you’ll see traditional paintbrush, then there’s gold leaf, palette knife work and even clay with a palette knife.”

Patterson also enjoys making usable works of art in the form of items like tissue boxes, trays and even drink coasters that would bring beach vibes to any end table.

While a lifelong artist, Patterson didn’t begin making art a profession until retiring to Palmetto from her home in Philadelphia.

Anyone wanting a painting of a familiar place in the area will be delighted with Patterson’s works. Paintings on display at the gallery feature local locations from Anna Maria Island, Longboat Key, Perico Island and many more familiar spots.

While many artists focus on perfect realism, Patterson says while she does paint from photographs she takes, once she gets going she doesn’t necessarily follow the rules. Taking liberties with the scene is not only something she does, but it’s one of the factors that makes her art unique and beautiful. All of Patterson’s art is available for purchase at the gallery, 5414 Marina Drive, which is open daily from 10 a.m. to 5 p.m.

In addition to Patterson’s work, the gallery hosted artist demonstrations on the sidewalk, live music from Larry Wilhelm, wine and snacks.

Other Holmes Beach businesses also took part, including Pizzano’s Pizza and Grinders, D Coy Ducks, Small Town Creamery, howluckyami, Irene’s Clothing Store, Sand Dollar, The Feast, Hurricane Hank’s, Freckled Fin and The Doctor’s Office.

Get to know Suncoast Aqua Ventures

Rusty Chinnis

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April 15, 2024

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From left, Suncoast Aqua Ventures founders Troy Brown, Cheryl Huntsinger and Robin Woloszyn at a cleanup hosted by the Bradenton Yacht Club. – Rusty Chinnis | Sun

Over the years, I’ve had the honor and pleasure of getting to know and work with many passionate and action-oriented citizens on the Suncoast, people who turn their concerns into accomplishments. While Suncoast Aqua Ventures was created by a handful of friends in 2016, in my experience there is, generally, a particular individual that inspires and exemplifies the spirit of the NGO (non-profit). In the case of Suncoast Aqua Ventures, that person is Cheryl Huntsinger. In her own words, she explains what inspires and drives the group.

“Troy Brown, Robin Woloszyn and I, along with a bunch of friends that scuba dive and love the water, became concerned with the human trash and debris we discovered on the offshore reefs and our inland waterways. In response, we created a one-of-a-kind competitive event called The Reef & Beach Cleanup. We give cash and prizes in numerous categories to the teams who compete. This is a fun, family-friendly event that, to date, has collected over 97,000 pounds of marine debris from our waterways. Our volunteers come from all ages and all walks of life. They are water enthusiasts, kayakers, fishermen, scuba divers and anyone who has a passion for our beautiful aquatic ecosystem.

”Post-COVID we started partnering with numerous other like-minded organizations, including Sarasota Bay Watch, Keep Manatee Beautiful, Suncoast Waterkeeper and Suncoast Reef Rovers. We perform targeted tactical cleanups in areas most people don’t even know trash exists – underwater reefs, shoreline cleanups deep in the mangroves and, when there is a need, post-hurricane cleanup events. Our partnership events have collected well over 130,000 pounds from numerous events since 2021.

“We have a busy summer planned, starting with the Second Annual Underwater Cleanup of the Manatee River on May 11. This event will be followed by a cleanup at Bowlees Creek based out of Bahia Mar West Marina on June 15, and a cleanup of Perico Bayou and Palma Sola Bay on Aug. 3. Our last event of the season will be the Eighth Annual Reef & Beach Cleanup on Sept. 28-29 at Seabreeze Park in Terra Ceia.

“We are always looking for new participants and donors to help fund our cleanup efforts! For more information on any of our events, please visit suncoastaquaventures.com or email us at suncoastaquaventures@gmail.com.”

It’s the work of these local NGOs, their leaders and members that inspire people to preserve this paradise and give them a way to participate in protecting it. If you’re looking for an opportunity to give back, join an event and, as Gandhi said, “Be the change you want to see in the world.”

Adult soccer league gets shaky start

Monica Simpson

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April 15, 2024

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ANNA MARIA – After the clearing of the rain clouds, the area adults played five soccer games in The Center’s co-ed league. With roughly 100 men and women playing this season, the games are compressed and the schedule was tightened to accommodate 10 teams.

After three weeks of play, there is no clear leader this season. Pool America currently leads the pack with two wins and a tie, earning the team seven points.

In the third game of the night, Pool America beat Progressive Cabinetry by a single goal.

With 2-1-0 records and six points, three teams are currently tied for second near the season’s halfway mark. Progressive Cabinetry, Salty Printing and Sato Real Estate each have two wins and a single loss.

Sato Real Estate and Salty Printing went head-to-head last week with the Salty squad coming out ahead by two goals.

Teams Solid Rock Construction and Diamond Turf are searching for their first wins. The Solid Rock team has come close with two ties, earning three points in the season.

Solid Rock Construction took a one-point loss against team Moss Builders. The victory put the team just below the Ross Built Custom Homes team.

Winning one game each, Ross Built, Moss Builders, Beach House Waterfront Restaurant, and Language Services Associates look to better their position in the ranks. Ross Built is the head of the bunch with two ties. Beach House and Language Services each suffered two losses early in the schedule.

In the first game of the night, team Ross Built showed their dominance against the Beach House team, ending the first half of the game 4-0. The Beach House defense changed course during the second half of play, only allowing one additional Ross Built goal.

Beach House came back scoring two goals from James Rodriguez and Matt Staggs. Defensively, Aaron Frech and Danny Free protected the Beach House goal with six and four saves, respectively.

Max Gazzo played at the goal for Ross Built to lead the team’s defense, with scoring by Eliza Faillace, Helio Gomez and Dean Hinterstoisser. Complimenting Faillace’s solo goal, her teammates each got past the Beach House goalie twice.

Playing their fourth game this week, each of them seeks wins to secure their positions going into playoffs.

SUN SCOREBOARD

APRIL 9

YOUTH SOCCER – WEEK 2

8- TO 10-YEAR-OLD LEAGUE

Solid Rock Construction (2-0-0) 3

The Intuitive Foundation (1-1-0) 1

Emily Moss Design (1-0-1) 4

Shady Lady Horticultural Services (0-2-0) 3

Isola Bella Italian Eatery (0-0-2) 2

AMI Coconuts (0-1-1) 2

11- TO 14-YEAR-OLD LEAGUE – WEEK 1

Moss Builders 3

Westfall’s Lawn Care & Pest Control 1

HSH Design 1

Solid Rock Construction 0

APRIL 11

ADULT CO-ED SOCCER – WEEK 3

Ross Built Custom Homes (1-0-2) 5

Beach House Waterfront Restaurant (1-2-0) 2

Moss Builders (1-1-1) 2

Solid Rock Construction (0-1-2) 1

Salty Printing (2-1-0) 5

Sato Real Estate (2-1-0) 3

Pool America (2-0-1) 4

Progressive Cabinetry (2-1-0) 3

Language Services Association (1-2-0) 9

Diamond Turf (0-3-0) 4

Prepare for hurricane season

Louise Bolger

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April 15, 2024

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Call me crazy, but whenever the hurricane predictions are disclosed for the impending hurricane season it seems to always be the highest number of storms EVER. Well, this year’s predictions are again warning of an extremely active hurricane season, so batten down the hatches and tie up the kids.

According to the Colorado State University forecast, which came out on April 4, they are indicating 23 named storms, 11 hurricanes and five major hurricanes with between four and six making landfall. By comparison, a typical year averages about 14 tropical storms with seven turning into hurricanes.

The reason for this is a combination of very warm water in the Atlantic and La Nina, which supports more storms. Warm water gives hurricanes fuel and contributes to a more unstable atmosphere. Ocean temperatures in much of the Atlantic have been setting records for more than a year and scientists have been unable to fully explain why.

At the top of the preparedness list are always non-perishable foods and, although many cans have pull tops, it’s best to buy a manual or battery-operated can opener. Next is bottled water and buy it early because, with the prediction of a storm, the shelves are quickly emptied. Batteries, cash in case the ATMs go down in a bad storm, and a full tank of gas are a must. Battery-operated lights and flashlights with candles as a backup are also a must. Once storms are on the way, it’s too late to purchase storm shutters, but this is something you should consider long before you need them.

Charge up your smartphones and tablets and buy a battery backup. Know where your important papers are like insurance policies, school records, mortgage information, tax returns, photos and any other papers you might need in a hurry if your evacuation is longer than you expect. Also, take prescriptions and information to renew them in case you don’t get home for a while. Outside, remove any objects that can be blown away in heavy wind, furniture, toys, plants and awnings. Secure vessels that can’t be relocated with plenty of fenders and extra lines to accommodate the tides and turn off power to the boat.

Have an evacuation plan in place with either a friend or relative and prepare a list of hotels. Don’t forget the pets, their food and medications. It’s also a good idea to take current pictures and/or videos of the interior and exterior of your property for insurance purposes should you have damage.

The mymanatee.org website has a great deal of detailed information concerning everything I just outlined but in more detail. It’s worth taking the time to read it and implement some of their recommendations.

Finally, if you are in the process of selling or purchasing a new property, remember when storms are in the forecast it is usually not possible to bind an insurance company to cover the new property. This could delay your closing, but hopefully, everyone involved in the transaction will be cooperative.

It’s not all bad news. The hurricane season outlook from the National Oceanic and Atmospheric Administration isn’t due out until May. However, their forecasters are looking at some of the same problematic models. Nevertheless, we are all warned not to focus on these predictions since other factors come into play in how many storms we get and how strong they are.

My job is not to make predictions but to remind you to get your property and your family ready for the worst and hope for the best. Just assume it will be an active season and start stocking those cans and cases of water.

Reimagining Pine Avenue bid higher than expected

Joe Hendricks

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April 15, 2024

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Reimagining Pine Avenue bid higher than expected

ANNA MARIA – Mayor Dan Murphy is among those disappointed with the $1.4 bid received from C-Squared to construct a one-block Reimagining Pine Avenue prototype area.

On March 25, C-Squared submitted the only bid the city received in response to the fourth request for proposals (RFP) issued since 2022 for the long-desired safety improvement project.

The latest RFP sought bids for the installation of brick paver sidewalks along both sides of a one-block portion of Pine Avenue, from Gulf Drive to North Shore Drive, and for new crosswalks in that one-block area.

On April 11, Murphy briefly discussed the proposal with city commissioners. He said the C-Squared bid contains numerous line-item expenses including mobilization, traffic control, brick paver costs, crushed granite costs, excavation costs and more.

For comparative purposes, Murphy said he already had line-item cost estimates provided by the Florida Department of Transportation (FDOT), and also by other engineers utilized by the city.

FDOT is the state agency overseeing the city’s expenditure of approximately $2.5 million in state appropriations previously approved for the Reimagining Pine Avenue project that last year was expanded conceptually to Magnolia and Spring avenues as well.

The city plans to use previously obtained federal funds to install new streetlights in the one-block prototype area, and later along the rest of Pine Avenue.

“I had those two sets of numbers, I had an idea what this should cost, and it was not $1.4 million. That’s what the bid came in at,” Murphy said of the latest C-Squared bid.

He noted that C-Squared previously bid $1.4 million to install sidewalks and crosswalks along the entire length of Pine Avenue.

Murphy said he reviewed the bid with a C-Squared representative and asked him to bring back additional information that justifies the estimated line-item costs and/or proposes ways to lower those estimated costs. Murphy hopes to provide that follow-up information to the commission on April 25.

“I cannot, with a clear conscience, recommend to you a $1.4 million project for one block,” Murphy said, noting the city couldn’t afford to do the rest of Pine Avenue at that rate.

When proposing the one-block prototype earlier this year, Murphy said an engineer estimated the one-block area might cost approximately $450,000.

“It’s disappointing to me to be where we are. I was hoping, at this point, I would be asking you for permission to negotiate a contract,” Murphy said.

He noted the C-Squared proposal will not be made available to the media and the public until the end of the month.

Commissioner Jon Crane noted that C-Squared is currently named as a defendant in a wrongful death lawsuit pertaining to a project the company previously completed for the city of Holmes Beach. Crane said he’d be leery of the potential financial implications associated with that unresolved civil lawsuit.

Regarding the C-Squared bid, Commissioner Mark Short said, “It’s disappointing, to say the least, and let’s hope that maybe they come back with a little sharper pencil by the end of the month.”

Since 2022, C-Squared has submitted the only four bids received in response to the city’s Reimagining Pine Avenue RFPs. For various reasons, the city commission rejected three previous C-Squared bids.

Related coverage: Another Reimagining Pine Avenue decision looms

Commission receives proposed charter amendments

Joe Hendricks

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April 15, 2024

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Commission receives proposed charter amendments

ANNA MARIA – Six potential charter amendments and an additional recommendation proposed by the charter review committee have been presented for city commission consideration.

Charter Review Committee Chair Chris Arendt presented the proposed amendments to the city commission on April 11.

The commission can accept, reject or modify any or all of the committee’s proposed charter amendments and future commission discussion and decision-making is still needed.

Any charter amendments supported by the commission will be placed before the city’s registered voters on the fall ballot. The commission can also propose additional amendments of its own to place on the ballot.

PROPOSED AMENDMENTS

The first proposed amendment is a response to state legislators who may seek the future consolidation or elimination of the three Anna Maria Island cities.

The committee proposes inserting into the charter a statement that adds a new reference to home rule while echoing a statement already included in the city’s comprehensive plan: “The city of Anna Maria will ensure that the single-family detached residential character and home rule of the city is maintained and protected while supporting commercial uses within the commercial and ROR land use categories, while maximizing the enjoyment of natural and man-made resources by the citizens and minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation.”

Anna Maria’s comp plan and building codes restrict building heights to three stories, but the comp plan and the building code could be amended by a future commission.

A building height-related charter amendment would ensure that any future changes to the height limit restrictions would require the majority support of Anna Maria’s voters – as long as Anna Maria remains an independent municipality.

The committee proposes charter language similar to this: “Aside from approved exemptions, no building or part thereof shall exceed a height of 37 feet as measured from the crown of the road at the front center of the property to the highest point of any portion of the building.”

The charter currently requires a city ordinance supported by the commission majority to sell or lease a city property. The committee proposes an amendment that would require the unanimous support of all sitting commissioners.

Additional proposed amendments pertain to residency requirements for elected officials after taking office, which commission members can schedule a special commission meeting and which city employees are considered officers of the city.

The committee also recommends eliminating all gender-specific pronouns and replacing them with nouns specific to the title of the person being referenced. City Attorney Becky Vose said eliminating gender-specific pronouns wouldn’t require city voter approval.

COMMISSION FEEDBACK

Commissioner Jon Crane said a charter statement referencing home rule would be an aspirational statement that’s hard to actually implement.

“It says the city will ensure, but how are we going to ensure it? I don’t know how,” Crane said.

Arendt said the committee felt it would be nice to have such a statement in the charter but he concurs that it would be difficult to implement.

Crane expressed initial opposition to requiring the unanimous support of the commission to sell or lease a city property and Commissioner Kathy Morgan agreed. Crane also said he hopes to reduce the number of questions presented to city voters so they have fewer ballot items to focus on.

Raising a concern not addressed by the committee, Commissioner Charlie Salem suggested the commission engage in future discussion about a potential charter amendment that would require an appointed commissioner to face election in the next city election if they wish to remain in office for the remainder of the term they were appointed to – if the remainder of that term extends beyond the next city election.

After noting that similar provisions apply at the federal level, Salem said, “It might give our residents an opportunity to express their will on that office.”

City to grandfather existing CBD, hemp sales

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Joe Hendricks

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April 15, 2024

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City to grandfather existing CBD, hemp sales

ANNA MARIA – Businesses in the city that currently sell CBD and hemp products will be allowed to continue doing so with a soon-to-be-adopted grandfathering exception.

A city ordinance adopted in 2015 to prohibit medical marijuana dispensaries also prohibits the sale of any product made from the cannabis plant, including CBD and hemp products – even though Florida law allows CBD and hemp sales.

Anna Maria leaders want to allow limited CBD and hemp sales without allowing full-blown CBD stores like those legally operated in Holmes Beach and many other Florida cities.

On April 11, City Attorney Becky Vose presented newly-proposed Ordinance 24-293, which contains the following language: “Businesses with a business location in the city of Anna Maria – not to include mobile sales – that, as of April 1, 2024, regularly sold product that would otherwise have been prohibited shall be eligible to receive grandfather status to continue such sales, but not to increase the volume of such sales, in accordance with procedures outlined in a resolution to be adopted by the city commission.”

To receive grandfathered status, businesses that currently sell CBD and/or hemp products will have to register those business activities with the city.

The city’s efforts to revise its CBD and hemp prohibitions began in February after Holmes Beach-based CBD vendor Mel Wendell was told she couldn’t participate in an arts and crafts fair taking place in Anna Maria.

The North Shore Café owners then received a notice of violation for selling food and drink products made with a legal hemp powder containing trace amounts of THC. The Cool Beans AMI coffee shop owners received a notice of violation for selling CBD products. Those two businesses will be eligible for city commission-approved grandfathering exemptions.

When offering public input during the April 11 meeting, AMI Beach & Dog Supply owner Janalee Gallagher informed city officials that canine-grade CBD products are currently sold at her Anna Maria business. Gallagher was told she would also be eligible for the grandfathering exception.

Existing businesses that don’t currently sell CBD and hemp products could also apply for a commission-approved grandfathering exception to allow such sales, as could new businesses, according to city officials.

The proposed ordinance has not been formally adopted yet and the accompanying city resolution that establishes the specific grandfathering rules and requirements is expected to be presented on Thursday, April 25.

The commission previously rejected a proposed ordinance that would have limited CBD and hemp offerings to no more than 10% of a retail establishment’s total inventory. The commission felt the 10% threshold would be nearly impossible to enforce and would require an audit of the retailer’s entire inventory.

STATE LEGISLATION

Anna Maria’s efforts to amend its CBD regulations occur at a time when stricter CBD regulations proposed by the Florida Legislature await transmittal to Gov. Ron DeSantis to veto, sign into new state law or allow to become state law without his signature.

On April 9, Vose sent the mayor and commissioners a copy of SB 1698 and a brief summary of the proposed state law that said: “It basically prohibits the sale of hemp-based products that create euphoric effects on people by putting caps on the amount of THC concentration in hemp-based products that can be sold. The publicity surrounding the bill seems to indicate that it will prohibit a large percentage of the products sold in CBD stores.”

The ordinance Vose presented on April 11 says, “Nothing in this ordinance shall be construed to allow the sale of any product which is otherwise prohibited by Florida law.”

On April 11, Vose also noted legalizing recreational marijuana statewide will be on the general election ballot this fall.

Related coverage: Commission struggling with CBD regulation