BRADENTON BEACH – The forfeiture of office proceedings initiated against Mayor Bill Shearon will continue, but at a slower pace than hoped for by Vice Mayor Jack Clarke.

By declining to act on six potential alternatives presented by Commissioner Janie Robertson, the commission committed itself to moving forward with the forfeiture process.

Robertson’s suggestions ranged from dropping the matter completely, to asking the commission to provide the mayor with specific concerns, to pursuing a recall campaign that would put the decision in the hands of city voters. The commission chose not to act on any of Robertson’s suggestions.

With that decision made, the commission then agreed by 3-2 vote that the forfeiture process will be guided by a city resolution drafted by City Attorney Ricinda Perry, rather than a city ordinance presented by Shearon, who declined to reveal the author of the document.

During an adjournment, Shearon was asked who wrote the ordinance.

“I presented it,” he replied, refusing to divulge any additional information.

The mayor’s ordinance was ultimately rejected by Clarke and Commissioners Ed Straight and Jan Vosburgh.

Perry clarified that she did not write the ordinance, and when comparing the resolution and the ordinance for commission’s sake, she pointed out several concerns she had with the ordinance due to restrictions it would have placed on the commission’s ability and authority to remove an elected official from office.

Perry said she found some of the ordinance language to be factually incorrect, incorrectly interpreted, or added to her resolution language in an improper manner.

Perry did find some provisions of merit in the proposed ordinance and suggested adding them to to the ordinance. She asked the commission to conduct a quick review the documents so she could incorporate any desired additions into the resolution, but the commission suggested this be done at a future meeting instead.

The resolution revisions will be discussed at the Oct. 16 commission meeting and presented for final adoption at the first meeting in November.

When discussion turned to the fourth agenda item, the actual commencement of forfeiture proceedings, Perry recommended that Shearon recuse himself from the discussion in order to avoid a conflict of interest by discussing a matter that directly impacted him.

Shearon said he was unclear what was being asked of him and was spared from having to exit the dais mid-meeting when Straight suggested holding off on establishing specific hearing procedures until the resolution is formally enacted.

“I am not wanting to drag this out, because we are going to be into the holiday season before we know it,” Clarke said in response.

When the actual hearings get underway, they will be chaired by someone other than Shearon.

Public opinion

Monday’s meeting began with public comment from a divided community.

“I hope the city can solve this horrible situation, and if that involves the mayor resigning, that would be his decision,” said former Commissioner Gay Breuler

“I don’t take kindly to my vote being taken away. You can’t get rid of the mayor because you don’t like his personality or for your own political aspirations,” said Lee Ann Metz.

“It seems that a few unelected officials are trying to stage a coup d’etat that would undo the will of the people,” said Carl Parks

“I’ve attended meetings recently, and I have found the mayor’s conduct, to be condescending, inappropriate, vengeful and quite frankly, alarming,” said Betsy Sillars.

“It starts at the top, where the CEO and leader creates the company culture through respect and honor, showing it to all subordinates in order to then expect it in return. As the CEO, the mayor, I hold you responsible. Your company is sick; it’s failing,” Angela Rodocker said.

“You’ve lost the faith of nearly every person that works for you and with you through the lack of common respect and honor, and that, in the business world, spells failure. It’s not just one person or one department; I’ve talked to as many people as I possibly could. I’ve been listening to issues for months, not for the past few weeks, and not just from one department thats decided to take a stand,” she added.

“I think we can all agree there are good managers and bad managers that run a business, and as far as I’m concerned, we have the latter,” Bill Garrison said.

“We do have a sick city here, and it’s not going to get better until something is done. Mr. Mayor, I have seen your attitude and I ask that you step down and let this community move forward.” Barbara Rodocker said.

One speaker summed up the thoughts of many, when she commented on the commission’s political infighting.

“You need to be kind to each other. We need to have civic pride and consideration. This is not Washington D.C. for Christ’s sake,” she said.

The Island Sun will hold forums for mayor and city commission seats in Anna Maria on Tuesday, Oct. 21 and Holmes Beach on Wednesday, Oct. 22. There will be meet and greets at 6:30 p.m. and the forums will begin at 7 p.m.

Candidates will respond to questions submitted by residents in advance. E-mail your Anna Maria questions to tvaught@amisun.com and in the subject line put “AM forum question.” E-mail your Holmes Beach questions to pcopeland@amisun.com in the subject line put “HB forum question.”

In Anna Maria, incumbent Mayor SueLynn is being challenged by resident Daniel Murphy and incumbent Commissioners Chuck Webb and Nancy Yetter are being challenged by David Bouchard.

In Holmes Beach Commissioner David Zaccagnino and resident Bob Johnson are vying for the mayor’s seat, and incumbent Commissioners Judy Titsworth and Marvin Grossman are being challenged by resident Andy Sheridan.

ANNA MARIA – Commissioners met again last week to continue discussing a building moratorium aimed at homes that contain four or more bedrooms. The moratorium is an attempt to prevent large homes from being operated as short-term rentals in city neighborhoods.

During the Wed., Oct. 1 work session, the commission clarified the moratorium resolution enacted on Wednesday, Sept. 22. The resolution now temporarily prohibits both the acceptance of new building permit applications and the issuance of new building permits for homes with four bedrooms. The resolution also pertains to building plans that include rooms, such as dens and offices, that could be used as bedrooms.

The commission supported Chuck Webb’s suggestion to pursue a declaratory judgment from a judge in order to better define city code as it pertains to allowed uses in residential areas zoned R-1 and R-2.

In a related action, the commission authorized Webb to pursue a proposal for legal services and analysis from attorney David Levin. Levin would be asked to review city code in an effort to help determine whether large rental homes can be classified as hotels being operated for commercial use in residential zones where commercial use is prohibited.

Getting to the heart of the matter, Commissioner Doug Copeland said, “I think we all agree it’s the short-term rentals that are the problem. It’s not the size of the house; it’s how it’s used.”

Copeland cited, as an example, a large home permanently occupied by a family that includes three or more children and an elderly family member, and requires four or more bedrooms for non-commercial use.

Building Official Bob Welch said, “It boils down to use, and it goes back to the mistake of allowing these single family units to be used as rentals.”

Webb suggested deed restrictions as a potential means of controlling use that would not place restrictions on the number of bedrooms. Webb envisioned a scenario that involved a property owner stating in writing that the home would never be used for anything other than a permanent residence or a rental property with a six-month minimum rental.

Dye agreed the idea had merit, but said the city would not have the enforcement rights on deed restricted properties; enforcement would fall upon the other homeowners living in the subdivision. Dye noted that deed restrictions might have to be applied to an entire subdivision, as opposed to a single property.

Commissioner Dale Woodland questioned whether deed restrictions would conflict with state-legislated vacation rental laws. Dye said they might.

Mayor SueLynn questioned whether deed restrictions voluntarily entered would comply with the vacation rental law, and Dye was asked to conduct additional research on deed restrictions.

In regard to the moratorium, Dye said a reasonable time limit would have to be established, and he reminded commissioners that state laws limit the length of time a city has to respond to building permit requests.

Dye also cautioned commissioners that further restrictions placed on property owners could subject the city to additional lawsuits based on Bert Harris Act protections pertaining to municipalities taking actions that negatively impact property values.

The discussion also veered into a lengthy conversation about the effectiveness of the Living Area Ratios (LAR) passed by the commission in 2013 as a means of reducing square footage allowances and encouraging architectural diversity.

After the meeting, Copeland and Webb commented on the progress made.

“We defined the problem,” Copeland said.

“So we could start moving ahead,” Webb added.

BRADENTON – The claws came out during the Manatee Tiger Bay Club’s “Whitmore-Wonder Wrangle for the Top” luncheon Thursday, Oct. 2, at Pier 22 in Bradenton.

The capacity crowd saw Carol Whitmore and Terri Wonder debate numerous topics related to the campaign for the at-large Manatee County Commission seat held by Whitmore and sought by Wonder.

Whitmore, a Republican from Holmes Beach who formerly served as mayor, is seeking her third term as a county commissioner.

Wonder, a Democrat, lives in Bradenton’s Bayshore Gardens neighborhood and is seeking her first term in office after seeing her public profile rise due her leadership in the opposition to the Long Bar Pointe development in 2013.

Last year, Whitmore and three other commissioners approved Carlos Beruff’s mixed-use map amendment request for undeveloped land along El Conquistador Parkway. Whitmore gave her support only after Beruff pulled the plug on a marina that would have required a channel to be cut through the mangroves and into Sarasota Bay.

Beruff later withdrew the approved mixed-use request that allowed for a hotel and conference center, and received approval for a residential development instead.

Whitmore was limited in her ability to discuss Long Bar Pointe because Beruff has filed a lawsuit against the county.

“They said they have a Bert Harris claim against us. If Manatee County loses the case, you will get a marina and you will get a channel built,” she cautioned.

“I understand how fragile Sarasota Bay is and I have no intentions of ruining that. Ms. Wonder you can shake your head all you want, but that’s the facts,” Whitmore said, noting that her Cortez supporters include Karen Bell and John Banyas.

“We were the ones that successfully rolled that back,” Wonder said of the marina request.

“My opponent and three others had the opportunity to do the right thing and didn’t. They voted against the wishes of 6,700 people who signed petitions and against the wishes of many town elders from Cortez. Those elders, including Mary Fulford Green, objected to all of it, not just the marina,” Wonder said.

Each candidate was given time to tout their virtues and critique their opponent before fielding questions.

Whitmore stressed economic diversity and job creation, the importance of Port Manatee, and the role Tax Increment Financing will play in developing southwest Manatee County.

“I believe in government continuing to live within their means. I haven’t raised the millage rate since 1996,” Whitmore said.

Wonder mentioned her involvement with the Manatee County Fish and Game Association, the Sierra Club, and ManaSota 88.

In 2008, she was hired to serve as an Army civilian on behalf of the U.S. Armed Forces

“I did two long deployments in Iraq serving as a social scientist, risking my life for my country. The whole point of my program was to understand local populations, concerns and vulnerabilities, so I could advise commanders on how to solve problems without having to shoot at one another. I have served my country with great distinction, and it is with high hopes that I can serve Manatee County with similar distinction,” Wonder said.

Whitmore and Wonder also tussled over a party affiliation dispute that led County Commissioner Robin DiSabatino to step down from the local Republican party’s executive committee after being photographed with Wonder at an animal cruelty prevention event.

DiSabatino referred to Whitmore and fellow commissioners Betsy Benac and Vanessa Baugh as “mean girls” and said, “Oh my goodness, I got my picture taken with a Democrat who voted for me and helped me in an open primary.”

BRADENTON BEACH – Labor attorney Matthew Westerman said last week that hostile workplace complaints filed against Mayor Bill Shearon by Public Works Director Tom Woodard are, in his opinion, unsubstantiated.

“I do not find that Mr. Woodard has been subjected to an illegal hostile work environment,” Westerman concluded in the report he submitted to the city last week.

According to Westerman, it was not proved that Shearon engaged in retaliatory intimidation, ridicule, and insult severe enough to alter the conditions of Woodard’s employment, or create an abusive work environment.

“In light of this legal standard, Shearon’s actions do not rise to the level of actionable harassment. I recommend that the city take no further action,” Westerman wrote.

When asked about the ruling, Shearon said, “It is what it is.”

The mayor said he hopes Woodard can move forward with a clean slate and put this matter behind them.

Woodard said, “Even though the outcome of the investigation into my claims that Mayor Shearon has created a hostile work environment did not come out as expected, I felt it necessary and am pleased that my allegations are now on record.”

Vice Mayor Jack Clarke said, “Just because the claim was not upheld, that still doesn’t eliminate the fact that three people in that department have lodged workplace complaints. In my conversations with other city employees, I find this to be a pervasive feeling throughout the city workforce.”

The complaint

Woodard’s written complaint alleged:

• Shearon encouraged former city employee Pat O’Neil to submit a written complaint regarding a Public Works employee driving a city vehicle outside city limits.

• Shearon requested Police Chief Sam Speciale to investigate allegations that Woodard violated the Public Records Act.

• Shearon attempted to improperly discipline Woodard for alleged performance issues.

• Shearon micromanaged the Public Works Department.

Westerman met with Woodard before interviewing Shearon and four city employees Woodard identified as witnesses.

“Mr. Woodard believes these actions were taken against him because he requested a Public Works employee to take pictures of documents that reflected pay increases Shearon gave to two employees,” Westerman’s report states.

The findings

Westerman addressed each allegation, beginning with the use of a city vehicle.

“I do not find that Shearon instigated or encouraged O’Neil’s complaint. He simply advised O’Neil to put his concerns in writing,” Westerman concluded.

In regard to public records, Westerman wrote, “Martin (Tjet Martin) alleged Woodard deleted certain e-mails and records. Woodard vehemently denies the allegation. Shearon admits he requested Speciale to investigate Martin’s allegations. Speciale conducted his investigation and determined the allegations have no merit. The fact that the complaint originated from Martin does not alone suggest that Shearon is responsible for instigating the complaint. I find it more reasonable to conclude that Martin acted solely in her own interest, especially given the fact that she is currently running for city commission.”

Westerman’s report also addressed Shearon’s desire to discipline Woodard.

“Shearon felt Woodard was not keeping him informed regarding the status of Public Works projects and activities. Shearon, Woodard and the city attorney met on Friday, Sept. 12 to discuss the mayor’s concerns. It was determined that Woodard had not violated city policy and disciplinary action was not warranted. As a result, Shearon and Woodard agreed to a plan to foster better communications between them. I do not find that Shearon acted improperly in addressing his performance and communication concerns,” Westerman wrote.

Westerman then addressed the micromanagement claim.

“Woodard asserts that the commision recently issued a resolution that prohibits the mayor from directing city personnel. Shearon contends that he has the authority to supervise department heads. I disagree with Woodard’s assertion that the mayor cannot give directions to department heads. It is clear that the mayor is responsible for the oversight of the city’s day-to-day operations. Resolution 14-812 prohibits the mayor from influencing city personnel on matters that may come before the city commission, however, the mayor is not prohibited from generally supervising department heads,” Westerman concluded.

CORTEZ – The Cortez Road bridge will be bumpy until about mid-November, due to repairs that require portions of the bridge to be jacked up temporarily, according to the Florida Department of Transportation.

Workers must install 12 new expansion bearings and remove the old ones, and must jack up, or lift, each span while they’re doing it, said Brian Bollas, public involvement officer with engineering firm Parsons Brinkerhoff, adding that the section under repair will be raised an inch or so during the process.

Each one takes about a week to complete, according to Ray Callahan, FDOT’s construction project manager. As of last week, four were completed, four were raised and four remained to be repaired.

Meanwhile, DOT warns motorists to slow down and drive cautiously, and signs are being installed on both sides of the bridge to alert drivers to the problem, Bollas said.

Asphalt cannot be poured on the cracks to temporarily even them out until the repairs are completed because it would drip through and damage the machinery underneath, he said.

The estimated completion date of mid-November depends on weather, according to FDOT.

 

 

 

HOLMES BEACH – Interested residents came out last week to hear a presentation on the 18 proposed amendments to the city charter that will be on the Nov. 4 ballot.

“This is an information exchange to help us become more aware of these charter amendments that will be on the ballot,” Bob Johnson, who chaired the Charter Review Commission, told the group. “This is about the city and the role the citizens have in the city.

“The charter establishes the municipality and defines the city, its structure of government and the nature of that government. It is there to provide clear information about the citizens’ powers and responsibilities.”

He said the Charter Review Commission spent five months working on revisions to the charter with the help of the city staff members and the city attorney and their motto was, “If it ain’t broke, don’t fix it.”

“Citizens hold powers and responsibilities via their vote, and that vote defines their community,” he explained. “A charter can only be changed by a vote of the citizens.”

“We have tried to make the charter consistent with current law. The other thing we found was a huge vacuum about our city departments. We tried to put some structure and meaning into those descriptions.”

He said they also added limitations on height and density, which can only be changed by a super majority of the city commission.

Charter questions

There are six non-substantive changes to the charter, which include fixing errors in grammar, making provisions consistent with state law and adding provisions to allow for modern technology.

There are 12 substantive changes including:

• Clarifying the initiative and referendum process;
• Filling the office of mayor when there is no candidate;
• Requiring a super majority of the city commission to change the charter by ordinance;
• Defining the scope and responsibilities, composition and structure, qualifications, selection and appointments of city department heads;
• Adding the position of human resources analyst;
• Limiting building height to 36 feet;
• Limiting density to 5.8 units per acre in the R1AA and R1 zoning districts and 10 units per acre in all the other zoning districts.

Voters can go to the city website, www.holmesbeachfl.org, to find a listing of all ballot questions, a question and answer card and a full mark up of the charter reflecting the proposed changes.

ANNA MARIA – Rob Barron, of Coastal Management and Consulting, presented his plan for restoring the beach terrain at Gulf Front Park last month.

The city hired Barron after Commissioner Doug Copeland pushed for finding a plan to prevent the area from being overrun by exotic, invasive plants.

Barron said his job is to improve areas that have been “beat up” by misuse.

In assessing the park, Barron divided the park into areas by the adjacent street.

He said the Oak Avenue portion is not too badly abused. He said it could be handled by hand-removal of weeds and taking down sea grapes.

The Cedar section is in bad shape, he said.

“It is 40-percent infested with exotic, invasive plants and trees,” he said. “Australian pines are bad there. In Sanibel after Hurricane Charlie, we spent extra days removing the fallen Australian pines.

Elm is being overrun by mother-in-law tongues, an invasive plant.

“Willow is moderately disturbed,” he said. “Sea grapes are not native (to the dune system). “In its natural state, the Island had grasslands except in the middle of the Island. There were no trees in the grasslands.”

He said the area near Palmetto Avenue is nearly intact and healthy. They could clear the invasives by hand and it really looks like a native habitat.

He spoke about the Australian pines near Palm Avenue.

“They offer no protection from storm surge,” he said. “The trees are pretty and people like them, but they have to go.”

Barron said there are five elements of coastal management that result in dune growth.

1. Remove exotics. Australian pines came late and spread among the grasslands. The Australian pines acidify the soil so other plants can’t grow. Australian pines and sea grapes are identified as worst.

2. Increase pioneer dune support. After you clean out exotics, the best and cheapest replacement is sea oats.

3. Remedial pruning. Prune plants to 36 inches. Once they grow back, the root mass to leaves ratio is the same. But in a hurricane, the plant does not roll over.

4. Strand zone establishment. Come back and install plants that will stabilize dunes. Not needed here, maybe later.

5. Lighting control so no more light reaches turtle hatchlings after each trimming. Not a problem here.

Barron estimated up to $38,000 to remove exotics and prune and $18,000 to replant the areas with dune grasses.

When he was finished, Commissioner Nancy Yetter, who favors keeping Australian pines, expressed her displeasure.

“When we spoke to you over Skype, I thought we agreed not to remove the Australian pines,” she said. “I think we wasted our money on this study.”

Barron said he got that type of reaction whenever somebody was present who prefers to keep the pines.

“Your reaction is something I expect to get,” he said. “What I am explaining here is rooted in science. The thing you have to do is decide what you want to do.”

Yetter said she felt Barron’s plan is too aggressive.

The commission chair asked Barron how urgent the situation is with exotics growing in the area and Barron said the problem grows 25-30 percent a year.

Copeland thanked Barron for his presentation and Barron said the problems in the park are not real bad.

“You’ve got a nice piece of land there,” he said.