The Anna Maria Island Sun Newspaper


Vol. 16 No. 15 - February 10, 2016

headlines

Fever winner takes home the prize

Carol Whitmore

And The Sun’s Football Fever Contest winner is ... Jay Disbrow,
who is holding the basket of goodies in the center of the photo.
With Disbrow are the representatives of businesses that
donated prizes to the contest. From left to right:
Sun Advertising Director Chantelle Lewin; Justin Gargett, from AMI Sports Zone;
Chuck Williams, from Budweiser; Island Time owner Bill Herlihy; Disbrow;
Brenda Canning, from Island Fitness; Shannon Dummar, from the
Bridge Tender Inn; and Travis Rankin, from Bridge Street Jewelers.
Not pictured are Victoria Sweeney, of Island Scooter Rental; Steve Rosehelm,
from Bortell’s; Bob Slicker, from Swordfish Grill and
Flippin’ Mullet; and Chris Smargasso, from Slim’s Place. For more information, see Page 41.

Jay Disbrow, of Bradenton, collected his winnings last week from the 2015 Football Fever contest – a $50 gift certificate from the Bridge Tender Inn, a $50 gift certificate from the Swordfish Grill, a $50 gift certificate from Flippin’ Mullet, a $25 gift certificate from Slim’s Place, a one-month membership and two free training sessions from Island Fitness. Other winnings included a wool Heritage Banner from AMI Sports Zone, a T-shirt and gift basket from Bortell’s. He also received a gift certificate for two, a pair of Budweiser chairs and a bicycle from Island Time Bar and Grill. Island Time also gave him a two-night stay at Island Time Inn. Bridge Street Jewelers gave him a custom made AMI Destination Bracelet, and Island Scooter Rentals gave a long-sleeve surfing shirt, use of a scooter for two people for two days, use of a kayak for two for one day, two bicycles for one day, two paddle boards for a half day and two boogie boards for a half day.

Commission approves parking permit ordinance ...

HOLMES BEACH – After hearing from residents, the City Commission last week approved an ordinance to establish a test zone where parking on the rights of way would be banned between 9 a.m. and 5 p.m. except for residents with permits.

The zone includes streets located in the area between S.R. 64 (Manatee Avenue) and 52nd Street west of S.R. 789 (Gulf Drive); from Manatee Avenue north to 43rd Street (east of Gulf Drive); from 74th Street to 81st Street west of Palm Avenue and all of Aqua Lane and Neptune Lane.

Prior to passage, Commissioner Jean Peelen said the ordinance was not clear on what kind of ID is required for a permit. After some discussion, commissioners agreed on “vehicle registration or other form of proof” of property ownership.

Commissioners’ thoughts

Peelen said any resident can get a permit under the ordinance and stressed, “I really resent the whole elitist argument. If we are being elitist, then so are all but a handful of communities in this entire state and on the whole Eastern seaboard.

“Almost every community takes steps to protect its residents from the real intrusion on their lives through parking. It’s time for the county to step up. We can’t bring all the people to the Island and then make it be on the backs of Holmes Beach.”

Commissioner Carol Soustek agreed and said, “It’s not the people that are the problem; it’s the amount of people. We have to get some help. Maybe we’ll get the county’s attention.

“The mayor said stop relying on other people to solve our problems; that’s what we’re trying to do. I want to get ahead of the curve.”

Chair Judy Titsworth, who opposes the plan, said what she loves about Holmes Beach and what makes if different is “the family nature, the friendliness, the welcoming.

“To me the ugliest thing ever is a sign saying permit parking only. It takes away the soul of what is Anna Maria – a friendly, laid back community. I just can’t wrap my head around it.”

Residents speak pro and con

James Kihm said he is in favor of the ordinance and praised “the good work done by the congestion committee” to develop and promote the ordinance.

Susan Timmons opposed the ordinance and said, “I used to live one block from the beach and had people parking there all the time. We understood that we don’t own the right of way or street in front of our house.”

Anthony Niewijk said he has had “a lot of problems with parking. The Island shouldn’t be a parking lot.”

Joe Christenson said the ordinance is necessary “to protect the quality of life in our neighborhoods” and that people in the neighborhood have requested it.

Sean Murphy opposed it and said Manatee County families have been coming to the Island for many years and the ordinance would exclude them.

“We won’t solve our congestion problem by limiting parking on our streets that alienates our neighbors in town,” he stressed. “We need to start looking for places for people to park in town and then moving them to the public beach.”

Don Hartsfield said he lives on Aqua Lane, and when the surfers show up to park “it’s a mess and it’s dangerous with people coming in and out and turning around in the middle of the street. I wonder how the fire truck could get through.

“You’ve got a lot of interest here. Help us and enact this program and give it a try. What have you got to lose?”

Marilyn Manser said, “If you want people to come and live here, you have to solve some of these problems. Let’s give it a try. There’s no harm in that. If it doesn’t work, it doesn’t work.”

The vote to approve the ordinance was 3/2 with Titsworth and Commissioner Pat Morton dissenting. Mayor Bob Johnson vowed to veto the ordinance, and on Friday, he presented his arguments in accordance with the city charter. (See related article front page).

... but mayor counters with veto

HOLMES BEACH – On Friday, Mayor Bob Johnson invoked his right under the city charter to veto the parking permit ordinance, which was approved by the City Commission on Jan. 26.

According to the charter, the mayor has 10 days to approve or disapprove an ordinance. If he/she disapproves, it shall be returned to the commission with his/her reasons for disapproval. However, the commission may override the mayor by a vote of four members.

In a press release, Johnson said, “I disapprove and return herein subject ordinance for the following reasons and as stated in my comments at the commission meeting Dec. 10, 2015:

• Given the documented low frequency of high intensity parking occurrences, a residential parking permit approach is unnecessarily more expensive and complex to implement and enforce than alternative traffic engineering solutions.

• It is contrary to what has been the nature of this Island coastal space through its history to date.

• It is contrary to our other Island municipalities with whom we share this limited 2 ½ square miles of sand.

• It is contrary to the desires of this administration and commission to retain a family focused, inclusive and welcoming community for all who come to share and enjoy."

Backup material

In the press release packet, Johnson submitted the statement he made at the commission workshop on Dec. 12 in which he pointed out that the Island Congestion Committee (ICC) was convened in 2013 to address traffic congestion and parking issues during holidays, weekends and season. From September 2012 to August 2013 there were only 52 calls for parking concerns.

He said in November 2014, the ICC became a “no parking in my neighborhood advocacy group.” It presented a report on proposals for solutions, including the permit plan in a test area, that were “anecdotal, without substance or scope of degree of impact.”

The police department conducted a parking survey in the test area from March to June 2015, which showed that the peak use of right of way parking spaces was 25 to 40 percent on holidays and 0 to 15 percent on normal weekdays.

Staff then developed an alternate to the ICC’s plan, which addressed the intensity issue and provided relief for residents, while being simple, inexpensive and easy to enforce.

In his statement, Johnson concluded, “It is not time to say, after all these years, this place is going to be exclusive to those few who are here now. I did not run for mayor to see this city become exclusionary.”

He also presented data from the parking surveys and a comparison of options for reducing parking intensity.

Fishing festival on the horizon

FILE PHOTO

Let yourself be lured to the Cortez Commercial
Fishing Festival with seafood, live music, art and more.

With this year’s theme, “It takes a fishing village,” Cortezians are pulling together to get ready for the 34th Annual Cortez Commercial Fishing Festival, set for the weekend of Feb. 13-14 from 10 a.m. to 6 p.m. in the historic fishing village.

Local bands will play on two stages for seafood-loving, art-appreciating festivalgoers.

Explore working commercial fishing docks, enjoy the breeze off Sarasota Bay and sample the history of the village at the Florida Maritime Museum. Visit marine life exhibits and hear educational talks about commercial fishing as white pelicans from Canada and local brown pelicans dive for their dinner in the bay.

A giant food court will make getting dinner easy for festivalgoers; count on locally-caught grouper and stone crab, and tasty menu items for landlubbers, too.

More than 50 artists will exhibit nautical and environmental artwork in celebration of the village’s maritime heritage, and kids will enjoy an expanded children’s play area.

Admission is $3, with children under 12 admitted free. Proceeds benefit FISH, the Florida Institute for Saltwater Heritage, to restore and expand the 95-acre FISH Preserve east of Cortez village.

To find the festival, head west toward the beaches on Cortez Road to the entrance at the Florida Maritime Museum, 4415 119th St. W.; pay parking is available in the village west of the festival grounds.

Free offsite parking is available at G.T Bray Park, 5502 33rd Ave. Drive W., Bradenton (turn east off 59th Street onto 33rd Avenue Drive) or at Coquina Beach on Anna Maria Island, with a shuttle bus to Cortez ($2.50 round trip). Free parking is also available east of the village off Cortez Road at the FISH Preserve, a five-minute walk from the gate.

Oil rig debris being mapped

SUN file photo

If you see an object like this on the beach or in the water
(it may also be yellow or green), text Katelyn Cucinotta of the
Sea to Shore Alliance with its location, GPS if possible, and
photos at 561-635-4622.

Three pieces of debris from an oil rig discovered on Anna Maria Island’s beaches and offshore from the Island in the Gulf of Mexico are among 60 found so far from Texas to North Carolina that are being mapped by the Sarasota-based Sea to Shore Alliance.

The vibration suppressor panels or tendon strake sheaths, which are wrapped around pipes descending from oil rigs into the Gulf to minimize their movement in currents, were documented last August and September in The Sun, which was contacted to provide the locations of the objects for the map.

One half-inch thick, four-by-four-foot piece of black plastic washed up last August near Angelino’s Sea Lodge in Holmes Beach, and another washed up in front of Katie Pierola Park in Bradenton Beach, while a floating piece was discovered by fisherman Anthony Manali in about 85 feet of water off Anna Maria Island.

The debris is likely from 2015 damage to a Chevron oil rig, not the Deepwater Horizon oil rig disaster in 2010, because the objects do not have much barnacle or algae growth on them, said Katelyn Cucinotta, a conservation biologist with the Alliance, adding that the map may be used to hold Chevron responsible for cleanup.

California-based Chevron Corp. released a statement that its Big Foot oil platform in the Gulf sustained damage last May to its subsea tendons. The tendons, used to connect the platform to the sea floor, were not yet installed, and no oil was spilled because the well was not yet in production, according to Chevron, which hired SWS Environmental Services to clean up the objects last summer from Anna Maria Island and other beaches.

Turtle groups, including Anna Maria Island Turtle Watch and the University of Florida’s Archie Carr Center for Sea Turtle Research, are concerned because turtles sometimes eat small pieces of plastic debris, according to Blair Witherington, a senior sea turtle biologist whose crew found between 30 and 40 of the panels floating in the Gulf about 45 miles offshore of Mississippi. Comments on Witherington’s facebook page claim the debris has been discovered on more than a dozen beaches in Florida.

The Alliance has no funds to seek out the objects and is relying on mariners and beachgoers to report them.

“It’s citizen science,” Cucinotta said, with scientists verifying and documenting the information for the map.

The strakes are black, yellow and green, with code numbers imprinted on them identifying whether they belong to Chevron, she said.

If you see one on the beach or in the water, text Cucinotta with its location, GPS if possible, an overall photo and a close-up photo of the code at 561-635-4622.

Center presents update on progress

ANNA MARIA – Community center officials presented an update on their progress and accomplishments at last week’s town hall meeting, but also did not hide the fact that they have no cash reserves.

“The operating results show that we are getting this thing on the right track, but not fast enough. We have no cash reserves, and that is occupying our attention right now,” Treasurer Jim Froeschle told the group.

“But we know in the longer term, with the plan we put in place, we’ll be in a solid financial position. I feel good about where we’re going.”

Board Chair Bill Shuman said, “We’re making progress, but we have challenges. Financial is one of them, but we’re moving forward with increased sponsorships, more grants and programs being well attended. We need your continued support.”

Executive Director Kristen Lessig said The Center’s mission is to be “a gathering place for the community to come together and make friends.” She outlined promises the The Center has made to the community and examples of how those are being filled.

Promises to the community

• To create a family friendly atmosphere that is fun, safe and social. Examples include the first Thanksgiving gathering, Lester Family Fun Day and Spirit Day.

• To provide healthy lifestyle programs. Examples include the new fitness area and classes, the Dragon Boat program, pickleball, tennis and healthy selections offered in the kitchen.

Tennis player Mark Swift praised Center officials for working with the tennis group to bring it back to The Center and said, “We really enjoy The Center and other activities it has to offer. I want to thank the board because they worked with us to get the group back.

“The courts are beautiful and a special thanks to Rex Hagen for getting them redone. Everyone is happy to be back.”

• To provide experiences that are welcoming and stimulating. Examples include the soiree room and various activities.

Sissy Quinn, who facilitates the soiree room, said, “Come and enjoy two hours of neighbors. Thanks to all the support from the people who work here.”

• To be a socially responsible member of the community. Examples include hosting the Chamber’s Business Expo and ringing the bell for the Salvation Army.

“We have a ways to go,” Lessing said. “We’re working on our customer service. We want to be consistent with our message and marketing.”

She said The Center is launching new programs that people have asked for such as parenting classes and drop in childcare.

Financial report

Froeschle said in 2014, The Center was in a major financial crisis, and the current board stepped in “to bring it back. We were pretty much in free fall. We were $200,000 in debt and had to do something and do it quickly.

“There was major fund raising by the board. Kristin brought energy, management and discipline and did an incredible job. We turned the big ship around, which was like turning the Queen Mary.”

He said The Center expanded programs by 37 percent without adding staff, asked for more funding from the Island cities, did a grant search and restructured membership fees.

“On the negative side, the cash is still going out the door because of the debt service. We’re looking at an outflow of over $100,000.

“We have exhausted our cash reserves, but we have made a lot of progress moving to financial stability. The staff has a clear view of what they’re going to do going forward.”

Lessig added that they have looked at every opportunity to reduce their staffing, and Froeschle said labor costs are below last year.

“Now we need to bring in more people,” Froeschle said. “There are people in the community who haven’t given us a chance.”

Questions

One resident asked about the debt service, and Froeschle said the loan on the building is down from $1.45 million to $1.1 million. The principal payment is $40,000 per year and the interest is $60,000 per year.

Another asked about outside funding, and Froeschle said it receives money from the cities of Anna Maria and Holmes Beach, but noted, “Most community centers get about 30 percent from government, but we get 4 percent. We try to work with the cities and see what they can do in their budgets.”

Anna Maria Mayor Dan Murphy said the city totally supports the Center and its contribution includes the land and building. It also doubled its monetary donation this year.

“We want to see it succeed,” he said. “I meet with Bill, Kristen and Jim on a regular basis on what we can do to make this work, to be successful. There are tremendous hurdles ahead, but you have the right team in place to make this happen. The city will give you whatever support you need.”

Vacation rental ordinance evolves

HOLMES BEACH – City commissioners once again tweaked their vacation rental ordinance and agreed to restore a section they removed last year to allow grandfathering for non-conformities.

Several residents aired complaints about the ordinance including the lack of grandfathering and the fact that motels must meet much stricter regulations.

David Zaccagnino said older rentals couldn’t comply with all the regulations, especially within a year.

Human Services Analyst Mary Buonagura said the language regarding non-conformities was restored to the ordinance, which would enable the city to establish a database to identify them and protect them from being subject to new regulations.

Petruff said she is happy that provision was restored, but cautioned commissioners to distinguish between existing houses with legal non-conformities and existing houses that may be converted in the future.

“The difference is that you try not to create more non-conformities and try to bring properties more into compliance,” she explained and added that it would involve requirements for landscaping, parking, fencing and the like.

Motels vs. vacation rentals

Jeff Gerry, of the White Sands Resort, said motel owners must comply with many regulations regarding pools, fences, ADA and the like, but residential rentals do not. He said homes designed just to be rentals should be considered commercial pieces of property and be regulated like motels.

Ken Gerry, of the White Sands added, “Some of these houses can hold more people than we can have in our motel. The argument for us is if you haven’t lived in it and you bought it to rent it, it’s commercial.”

City Attorney Patricia Petruff said that the court “doesn’t see it that way” and that some judges have recognized that “a long tradition of renting is a right of ownership.”

Scott Boyd said he thought the ordinance was a fair balance for all and noted, “Motels are regulated by the state and are public housing units. Florida Statute delineates a difference between motels and vacation rentals.”

“The problem with this Wild West mentality is that we have an anything goes (attitude). People say, ‘I’m paying $2,000 or $3,000 so I can do what I want,’” Barbara Hines said.

“We used to have people who understood they were in a residential neighborhood and respected it. Here we don’t have that. People who don’t have any vested interest except making money are driving us out.”

Commissioner Pat Morton agreed with the Gerry brothers and said, “We should not allow this to go on in our residential districts. It puts a burden on the motels.”

Other provisions

Chair Judy Titsworth said she wants a provision to require rental signs to be set back from the street as in Anna Maria, and the consensus was to add that to the ordinance.

Petruff said they should not rely solely on the property appraiser’s office to establish maximum occupancy.

There was some discussion about repeat violations.

Buonagura said there are re-inspection fees and penalties for violations, and Code Enforcement Officer James Thomas said repeat offenders shall appear before a special magistrate.

Petruff said they also could add another level of violation, and Mayor Bob Johnson said they could tie the violations to a certain period of time.

Building Official Jim McGuinness said the definition of a bedroom that is in the ordinance, which includes a closet, is different from the one in the land development code (LDC), which does not include a closet.

Petruff said the definition is from the city’s building code, section 14-02, which was done later than the one in the LDC, and added, “It is one we are using for construction purposes.”

McGuinness said the definition in the Florida Building Code does not include a closet, and Petruff responded, “Our current rules require a closet.”

Titsworth said staff would look at the definitions.

Commissioner Carol Soustek asked if someone asks for information about renting would they pay a fee, and Thomas said he would have information on the city’s Website and in handouts. Buonagura said there would be community education after the ordinance goes into effect.

Pier bait sales questioned

joe hendricks | sun

This mobile bait sales operation run by John Maguire is
supposed to cease its pier-based activities when a pier subtenant
begins selling bait.

BRADENTON BEACH – Pier subtenant Sherman Baldwin is seeking the city’s assistance in regard to John Maguire’s ongoing efforts to sell bait from the city-owned day dock adjacent to the Historic Bridge Street Pier.

Maguire, a Cortez resident, has been selling bait on and around the pier since early 2015, when the city’s renovated fishing pier reopened. He began his operations using the land-based bait well formerly used by the previous pier tenants that operated the Rusty Anchor bait shop as an extension of the Cast-n-Cage restaurant.

After the restaurant closed, Maguire continued selling bait from that location, which many people, including some city commissioners, felt provided a needed service to pier users.

In recent months, he has taken to selling his bait from two small vessels moored to the end of the day dock.

On multiple occasions, Maguire has told city officials he feels he is the person most qualified person to sell bait on the pier.

Police Chief Sam Speciale serves as the chair of the city’s Pier Team Advisory Board. He has been lenient in allowing Maguire to continue selling bait, with the understanding that he would stop when Baldwin is ready to commence with his own bait sales.

Maguire does not pay the city for this temporary privilege, nor is he allowed to accept payment while standing on the day dock or pier. On at least two occasions, Maguire’s small vessels have sunk during storms, including once last month.

As part of his sublease agreement with AMOB President John Horne, Baldwin has the right to sell bait from his newly-opened Paradise Boat Tours Activity Center, and Horne’s lease with the city includes a no-compete clause that applies to Baldwin’s business operations.

On Monday, Jan. 25, Baldwin sent an e-mail to the mayor, city commission and Speciale detailing his concerns about moving forward with his own bait sales.

“I stand ready to install a bait tank in the front of my ticket office. It will take approximately five business days to be up and running. However, due to the controversy surrounding Mr. Maguire’s bait business on the pier, I am reluctant to move forward. Many will see it as my fault that Mr. Maguire is being forced to move off the pier. Accordingly, I am understandably worried about looking like the bad guy to the community,” Baldwin wrote.

“That being said, I think that it is fair to ask the city to once and for all either compel John to move on, or to let him know you are not gonna stop him from selling bait from the pier. I think it is reasonable to ask that I not have the heavy hand in this matter. My position is one of asking for clarity from the city, and I feel that I cannot take a public position on this issue either way,” he concluded.

On Friday, Baldwin said he had not yet received a response from the city. He said he planned to address this matter at the Wednesday, Feb. 3, Pier Team meeting, and again at the Feb. 4, City Commission meeting if needed. Baldwin also has a business sign permit application that will be discussed at Thursday’s commission meeting.


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