The Anna Maria Island Sun Newspaper

Vol. 14 No. 15 - February 5, 2014

headlines

Beach project to pause at Coquina
Carol Whitmore

The dredge California, above right, emerges briefly from the
fog off Anna Maria Island Saturday evening and is
accompanied by another vessel that supplies power
for the renourishment operation.

BOB PATTON | SUBMITTED

 

BRADENTON BEACH – Are you trying to make plans to dodge the beach renourishment project on Anna Maria Island?

The U.S. Army Corps of Engineers makes no guarantees, due to possible bad weather and equipment problems, but here’s its latest estimate of when and where it will be working this month.

• Feb. 5, 28th Street, Holmes Beach;

• Feb. 12, 23rd Street North, Bradenton Beach;

• Feb. 19, 11th Street North, Bradenton Beach;

• Feb. 26, Cortez Road, Bradenton Beach.

When the project reaches Fifth Street South, where the paved walkway begins on Coquina Beach, the dredge will be temporarily relocated to the Mississippi River due to an urgent need there, according to Bradenton Beach Mayor Bill Shearon.

As a result, the Coquina Beach renourishment, which was scheduled to continue with funding from different sources when the project reached the public beach, may be delayed until July, he said.

During any delay, however, the dredging company, Great Lakes Dock and Dredge, will not be allowed to leave any pipe on the beach, according to Coastal Planning and Engineering spokeswoman Michelle Pfeiffer.

“If they pursue the project on the river, they will be required by contract to stage the pipe and other equipment appropriately,” Pfeiffer said. “Everything will be stored properly; there won’t be a disaster for tourists to avoid.”

During an earlier renourishment paid for by the Army Corps of Engineers, the contractor, which is now out of business, left pipe on large sections of beach, essentially blocking off access to the Gulf of Mexico. The company the corps hired used equipment that was too small for the task and the corps finally stopped the project without finishing it, to get the pipes off the beach.

Meanwhile, a Manatee County Commission hearing on the Coquina Beach project, which will end at Longboat Pass, was postponed last week until Tuesday, Feb. 11, at 9 a.m. at the commission chambers in downtown Bradenton.

Late last week, the project was at 30th Street, moving south from Holmes Beach, where the project began on Dec. 20.

Operations are 24 hours a day, seven days a week. Due to safety concerns, some beach and beach access areas will be closed or restricted during construction. Beachgoers are asked to use caution due to the extensive construction activities until work is completed. Posted signs provide safety guidance.

 

Mainsail agreement inches forward

HOLMES BEACH – Despite Chair Judy Titsworth’s declaration that they’ve “beat to death” the settlement agreement, commissioners were reluctant to approve the Mainsail Development Company’s newest conceptual site plan without input from the fire marshal.

Commissioners and company representatives at last week’s commission meeting continued to refine the company’s plans to build guest units, a lodge and restaurant near the corner of Gulf and Marina drives. However, one big issue with neighbors has been the company’s plans to use Sunrise Lane for emergency access.

A plan presented last week showed a new configuration for the parking area near Sunrise Lane with a fire lane circling the parking lot and completely on Mainsail’s property, eliminating the use of Sunrise Lane.

“It is not our desire to have access off Sunrise Lane,” Mainsail Development Manager Brian Check said. “If we can, we’re happy to accommodate that, but it’s up to the fire marshal. There’s a process, and it’s a more complicated analysis that has to be done.”

“We’ve tried to put together a conceptual site plan to cover the bases that match up with the settlement agreement,” Mainsail President Joe Collier pointed out. “We really would like to get started. You’re going to have another crack at the site plan several times over before we ever get our building permit.

“I’m OK with using this concept plan if you want to put in a caveat that we’re not quite sure about that fire access, and we will work to figure that out as soon as possible. I don’t want to wait another two weeks.”

“We want to make sure we’re doing it right, and Sunrise Lane is a sticky issue,” Titsworth replied. “It doesn’t take a whole lot to get a blessing from the fire department on a conceptual, but I would feel a whole lot more warm and fuzzy if we had that.”

Turning the building

At the previous meeting, Commissioner Marvin Grossman had suggested turning Building B so people can have a better view of the water from Marina Drive. Building B is planned for the spit that juts into the boat basin.

“There’s no question we will try to do it, but there are some limitations,” Check explained. “The foundation for this building is in, so we are trying to use some of it.

“The other issue is as you rotate the building, it starts to encroach closer to the water. I don’t want to commit to that and then create an encroachment issue.”

Another issue that arose at the Jan. 14 commission meeting was the plan showing a two-way drive under Building E. Two commissioners had said it was to be one way, and Commissioner Jean Peelen asked why it was changed.

“It was to allow for a single point of entry,” replied Check. “It’s rather standard layout for the sizing. What we’ve done is go back to one-way traffic in a circular fashion.”

At the end of the discussion, Petruff suggested adding the language “If required by the fire marshal” at the beginning of the section regarding access from Sunrise Lane.

“That leaves the option open if it is required by the fire marshal,” she explained. “Put it out there for people to see and say what they want, and at the next meeting on Feb. 11 you can vote and we can move on.”

City addresses safety issues on East Bay Drive

HOLMES BEACH – Police Chief Bill Tokajer once again reminded commissioners at last week’s meeting of safety issues along East Bay Drive, where a Florida Department of Transportation (DOT) project includes constructing a sidewalk, trolley stops and shelters.

“Andy Sheridan, a trolley driver sent me video that shows the trolley stop on East Bay and a gentleman entering into the crosswalk and going out in front of the trolley to make his trek across the road, and a car almost hit the him,” Tokajer told the board.

“If he was not as young as he was and wasn’t able to jump back, we would have had a fatality there. That’s because people are using that center lane as a through lane. You cannot pass a vehicle in that lane, and you cannot enter that lane to turn left on Manatee until right about CVS.”

Commissioner Jean Peelen asked how people are supposed to know that, and Tokajer said it is state law.

“That is a lane for two-way traffic so people can go into Publix, go into the bank and go into that complex there,” Tokajer explained. “The lines marking it show it is not a through lane. It is a solid line, and you cannot pass or use it for a through lane.”

He said he is working on a plan that includes putting crosswalk signs in the center of the road to stop vehicles from using it as a through lane and adding a center median for pedestrian safety.

Public Works Supervisor Tom O’Brien said a DOT field inspector was unhappy with the two crosswalks that the city added along that strip of road.

“It’s a very hazardous and unsafe street, but it’s not our project,” O’Brien explained. “It’s an FDOT project. The FDOT project engineer is supposed to come out here and meet with us about what we see in our community. We’re trying to get a leash on it; it’s like herding cats.”

Town hall meeting addresses dog park questions

File photo

“Wishin’ I was Fishin’ ” is the 2014 Cortez Commercial
Fishing Festival slogan. Seafood was king at last year’s
Cortez Commercial Fishing Festival.

HOLMES BEACH – Mayor Carmel Monti left Friday afternoon’s dog park-themed town hall meeting with a clearer picture of what dog park users and donors want in terms of park improvements.

Spurred by Barbara Parkman’s desire last fall to see a shade structure built in the small dog area,

Rex Hagen donated $4,000, The Sun newspaper donated $4,000, and dog park users collectively raised an additional $1,300.

John and Frank Agnelli then built, at their own expense, the sturdy wooden structure that now provides small dog owners the same shade relief given to users of the large dog area.

The Agnelli’s saved the city close to $7,000 and a plaque attached to the shelter states that it is dedicated to the memory of John’s dog, Max, who passed in 2011.

This leaves the city with approximately $9,000 for additional park improvements, and Friday’s meeting gave park users an opportunity to share their views on the subject.

Monti told the 20 people in attendance that he would factor public input into his decision making process, but no final decisions would be made that day.

Many speakers commented on the muddy conditions surrounding the small dog shelter. Monti said $2,000 will be spent on pavers to help remedy the situation. The rest of the money will go toward improvements to the park as a whole.

Many seeking improvements also expressed gratitude and praise for the dog park, noting that it also serves as a community gathering place.

Some complained about aggressive dogs and non-attentive owners, and asked if the rules posted regarding animal behavior, removal of pet waste, and food and alcohol not being allowed in the dog park are enforceable by law.

Monti said police have the authority to enforce the rules and advised anyone experiencing a dangerous dog or a non-cooperative owner to contact them. He also said the rules could be made stronger, in the form of an ordinance, if need be.

Some suggested enlarging both areas of the dog park by encroaching into the underutilized baseball field. Monti said this might pose challenges regarding ownership and previous donations made to the city and would require additional research.

Toward the end of the hour-long discussion, Monti reviewed suggestions and sought audience consensus, in the form of a show of hands, in response to specific questions.

Most favored the idea of dog park users having to register their dog or dogs with the city. This would help ensure that rabies shots are up to date and provide contact information for dog owners. A small fee would be required and the logistics of registration would have to be worked out.

Support was nearly unanimous for regular spraying of the park to prevent fleas and ticks, and plaques were preferred over commemorative bricks for donor recognition.

Some suggested solar lighting to illuminate the park, but the suggestion to close the park at dusk received more support, as it would eliminate any issues taking place after dark.

In conclusion, Monti said, “I think we’ve covered a lot of good ground and I appreciate all the comments. We’ll work on the various things we talked about and I’ll come up with a report that says what we’re going to do with the remainder of the money that we have.”

Flood concerns lead to height allowance request

SUBMITTED

The 1912 Cortez school, now the Florida Maritime
Museum, is the entrance to the 32nd Annual
Cortez Commercial Fishing Festival Feb. 15-16.

 

CORTEZ – The first Cortez Commercial Fishing Festival 32 years ago attracted several hundred people, much to the surprise of organizers like John Stevely, of the Florida Sea Grant Marine Extension Program in Palmetto, who made the fish chowder.

“We ran out of food before noon,” said Stevely, who remains one of the organizers and gives talks on marine life on the docks during the event.

Times have certainly changed.

The weekend of Feb. 15-16, more than 25,000 people are expected to attend the festival, and there will be no shortage of seafood, organizers promise. Live music on two stages, nautical arts and crafts, children’s activities and history displays will be among the featured events.

One of the last working fishing villages on Florida’s Gulf coast, Cortez has been a commercial fishing hub for centuries. Here are some highlights of its long history:

1500s - Spaniards discover the area and ship dried fish to Cuba and the Bahamas.

Late 1800s- The Fulford, Guthrie and Jones families settle Hunter’s Point from Carteret County, N.C.

1895 - The U.S. Post Office renames Hunter’s Point Cortez.

Early 1900s - Nate Fulford installs an engine on a skipjack, the beginning of the end of sailboat and poling fishing.

1912 - Cortez village is incorporated (it was later unincorporated). The Cortez Rural Graded School, now the Florida Maritime Museum, opens.

1920s - Cortez rum runners smuggle Cuban rum and Bimini whiskey during Prohibition.

1921 - A hurricane destroys most of the Cortez waterfront.

1930s - Mullet disappear for eight years. Cortezians survive the Depression without relying on government handouts.

1940s - Fish houses are built. Sixty five men and women enlist to serve in World War II.

1947 - A catastrophic red tide kills fish.

Late 1940s - A fishermen’s co-op is formed.

1953 - Stop nets are banned. Red tide strikes again.

1960s - Monofilament nets are invented, replacing cotton nets. Kicker boats with outboard motors replace inboard motors, allowing fishermen into shallower waters. Fish houses build commercial freezers.

1967 - The Organized Fishermen of Florida is founded to fight a proposed commercial fishing ban.

1970s - Bay scallops nearly disappear from Sarasota Bay. Bales of marijuana, or “square grouper,” are smuggled through Cortez.

1980s - New fisheries develop – grouper, baitfish and mullet roe.

1991 - The Florida Institute for Saltwater Heritage (FISH) is established to promote Cortez culture and maritime skills. It purchased and operates the 95-acre FISH Preserve east of the village, supported by festival proceeds.

1994 - Commercial fishermen fight a state Constitutional amendment to ban gill nets.

1995 - The fight is lost and gill nets are banned, forcing many to seek other jobs. Cortez is placed on the National Register of Historic Places.

2003 - “Out of Time,” a movie starring Denzel Washington, is filmed at the Cortez docks.

2010 - Longlines are heavily regulated. Individual fishing quotas (IFQs) are implemented. The Deepwater Horizon oil spill in the northern Gulf of Mexico forces closure of fisheries frequented by Cortez fishermen.

2013 - The 1995 net ban is challenged in court. Fishermen await a decision.

2014 - The 32nd Annual Cortez Commercial Fishing Festival is celebrated Feb. 15 and 16 from 10 a.m. to 6 p.m. The festival gate is at the Florida Maritime Museum, 4415 119th St. W. in Cortez, at the corner of Cortez Road and 119th Street West. Park east of the village in the FISH Preserve or take a shuttle bus for $2.50 round trip from Coquina Beach in Bradenton Beach or from G. T. Bray Park, 5502 33rd Ave. Drive W. in Bradenton.

City Clerk celebrates retirement

Retired city clerk Alice Baird, center, displays Congressman’s
recognition, joined by Congressional staffer Gary Tibbetts
and Mayor SueLynn.

joe hendricks | sun

 

 

ANNA MARIA – Friday afternoon, Alice Baird was recognized for 28 years of service as a city clerk on the Island, with a retirement reception at The Studio at Gulf and Pine in Anna Maria.

Baird spent 14 years working for the city of Bradenton Beach, where she started as a deputy clerk and later ascended to the position of city clerk. In 2000, she took her talents to the north end of the Island and began a 14-year stint as Anna Maria’s city clerk.

At both stops, Baird also volunteered her time to the community. For this, and more, she received a certificate of appreciation from Congressman Vern Buchanan, presented in person by Buchanan’s special assistant Gary Tibbetts.

“Alice has been city clerk for many years here in Anna Maria, but Mr. Buchanan also wanted to recognize her contributions as a volunteer to the community and her hometown for over 30 years. The Congressman is well aware of what she’s done here in Anna Maria and wanted to recognize it,” he said.

The city gave her a beautiful necklace and multi-colored pendant that bears the inscription “Anna Maria 2000-2014.”

“I am so touched, and honored. This is more than I could imagine,” Baird said.

When asked what she will miss most, Baird said, “The people. Helping them is one thing I absolutely loved. That is the city clerk’s job is, to serve the people. We are the fact givers. Our life is service, and we love it. That’s what we’re all about, and that’s what the next city clerk will do for Anna Maria. It’s been an honor, and I couldn’t have asked for a better career.”

As for what she will miss the least, Baird said, “Those long meetings.”

Not one to sit idle, Baird has big plans for the golden years ahead. “My brother (Bill Harter) and I are going to move to Ecuador sometime this summer or early fall,” she said.

The move was inspired by a television news story about International Living magazine listing Ecuador as one of the most economical places in the world to retire.

“That was about three years ago, so I’ve been studying it ever since. I figure I still have one great adventure left in my life, and it’s going to be Ecuador; and I needed a llama trainer, so my brother’s coming,” Baird said.

Harter said, “We’re going to try to see as many sights as we can see, do as many things as we can do, and just enjoy it. I’m very proud of her. She’s a good pal and a very good sister.”

The pair’s oldest brother, John, and his wife, Donna, also attended the reception.

Baird’s history of volunteerism dates back to her mid-20s, when she traveled to Mexico to work at a Catholic orphanage.

“You never know; every place we go to is probably going to need some help, so we’ll get involved in something I’m sure,” she said. “I think there’s over 5,000 Catholic Churches down there, so I’ll find something to do.”

Baird also plans to return home occasionally to visit her son and daughter-in-law in Manatee County.

Mayor SueLynn said Baird’s successor will likely be promoted from within. The hiring requires city commission approval and she will make her recommendation at the Thursday, Feb. 13 meeting.

Diane Percycoe currently serves as deputy clerk and finance director, and Maggie Martinez serves as a deputy clerk.

Bill would slow rising flood premiums

The U.S. Senate passed a bill last week that would delay flood insurance premium increases for policyholders with the National Flood Insurance Program (NFIP).

The bill is an attempt to address flood insurance rate hikes caused by the Biggert-Waters Flood Insurance Reform Act of 2012, which phased out premium subsidies in an effort to make the NFIP financially sound. The law caused some policyholders’ premiums to skyrocket, including many on Anna Maria Island, affecting the affordability of homes and businesses as well as real estate sales.

The Florida Association of Counties plans to meet with members of the U.S. House of Representatives on Feb. 11-12 with a package of reform proposals to address flood insurance rate hikes. The proposals include:

• Delaying rate increases until the Federal Emergency Management Agency (FEMA) completes the affordability study required by Biggert-Waters;

• Limiting rate increases to no more than 10 percent a year;

• Implementing an assistance program for property owners who cannot afford coverage;•treating all pre-firm properties equally, including primary and secondary homes and commercial property;

• Eliminating the full rate trigger for policy lapses and properties that are sold;

• Improving consumer protection by authorizing an independent agency to review and approve rate increases before private companies or FEMA issue new policies;

• Designating a Flood Insurance Consumer Advocate to represent the interests of policyholders;

• Creating an appeals process that allows property owners, through the Flood Insurance Consumer Advocate, to appeal rate hikes that exceed a certain dollar threshold;

• Improving accountability for NFIP operating expenses;

• Expanding flood mitigation efforts to increase federal funding for flood mitigation, streamline grant administration, implement alternative voucher systems that would allow property owners to undertake mitigation efforts that lower their risk and their insurance rates and provide tax credits to policyholders who undertake mitigation with their own funds.

Meanwhile, state legislation, Senate Bill 542, also is making its way through Florida legislative committees. It would encourage private insurers to offer policies in Florida to compete with the standardized rates of the NFIP.

The bill would allow policyholders more flexibility on both rates and coverage, such as insuring for the amount of a mortgage, replacement value or cash value.

Net ban case plays out

CORTEZ – Plaintiffs in a lawsuit to repeal the 1995 gill net ban have filed a brief further explaining their contention that the ban is unconstitutional and violates the equal protection rights of mullet fishermen.

In a case brought by the Wakulla Commercial Fishermen’s Association, the Leon County Second Circuit Court lifted the net ban last October, ruling that the Florida Fish and Wildlife Conservation Commission (FWC) could no longer enforce the state constitutional amendment banning gill nets.

The amendment was passed by Florida voters in 1994 to ban gill nets in state waters as a way of preserving fish populations and preventing the accidental entrapment of unintended marine life. It went into effect in 1995, putting commercial fishermen out of work statewide, including in Cortez.

The FWC’s subsequent rule limiting net mesh sizes used by mullet fishermen create what the judge called the “legal absurdity” of prohibiting larger mesh gill nets that let juvenile fish go, while allowing smaller mesh nets that catch juvenile fish, which she said defeats the purpose of preserving fish populations.

An appeal by the FWC stayed her order, but she lifted the ban again later that month. A second FWC appeal stayed her second order, and the case is now pending in the First District Court of Appeal.

According to the brief, filed on Jan. 21, rules governing the commercial mullet gill net fishery prior to the net ban amendment set a three-inch stretch mesh minimum size “to make sure that mullet under 11 inches were not captured, or, in other words, to allow more fish to spawn before they were caught,” plaintiff’s attorney Ron Mowrey wrote in his 53-page brief.

After the net ban passed, the FWC replaced the three-inch stretch mesh minimum rule with a two-inch stretch mesh maximum rule, he wrote, which, with the net ban, “had the effect of defining any net with larger than a two-inch stretch mesh a prohibited gill net.”

But two-inch stretch mesh nets gill just as many fish as three-inch stretch mesh nets, he wrote, citing a study showing that the mean gilling ratio of fish in a two-inch mesh net was roughly the same as a three-inch mesh net, with the main difference being that the smaller net gilled fish indiscriminately, with more than 10 different species caught, compared to four different species of fish caught in three-inch mesh nets. The smaller nets also caught mostly unmarketable juvenile fish, he added.

“This is the exact type of unnecessary killing, overfishing and waste” that the net ban amendment was designed to limit, he wrote. “The overwhelming amount of fish caught in the three-inch mesh nets were marketable mullet and resulted in little bycatch.

“The FWC’s assertion at trial and its initial brief is that the two-inch stretch mesh rule protects the fishery by preventing the harvest of adult-sized mullet capable of spawning. However, a legal size mullet and a legal size bluefish are almost the same size (11 and 12 inches, respectively). The conclusory argument that different fisheries are regulated differently does not address why bluefish fishermen are authorized to use a three-inch mesh net or larger, but mullet fishermen must use a two-inch mesh net or smaller. There is no reasoning to allow a larger mesh net for the former but not the latter,” Mowrey wrote, concluding that the FWC’s failure to “enact a common sense exception to the challenged rules for mullet fishermen while allowing the same for bluefish … is a violation of their equal protection rights.”

The Florida Attorney General’s office, representing the FWC, has not yet responded to the brief.


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