ANNA MARIA – Mayor Dan Murphy announced last week that he would seek a second term in office during the forthcoming fall elections.

Anna Maria Commissioners Chuck Webb and Nancy Yetter also recently said they would seek reelection.

When discussing his decision, Murphy said, "The biggest driver in my decision is the relationship we've formed with our city commission. I think we've got a cohesive and effective team, and we're able to address problem areas and rectify situations that needed to be rectified. I think we're also now on the track to being able to proactively solve things in the future. I feel good about that. I want to keep that energy and momentum going. I think it's good for the city and I enjoy doing it."

Reflecting on a recent accomplishment, Murphy said, "The refinancing of the City Pier Park debt is going to help the city 10 to 12 years from now. To me, that's a good proactive step: doing things for the future and not just taking care of things that present themselves as problems, like the vacation rental ordinance, which I think was a major accomplishment."

After a year and a half in office, Murphy feels he still has unfinished business to attend to, if given a second term by city voters.

"There's a lot things I started that I want to finish. We've got City Pier Park, and I definitely need to see the City Pier rehabilitation through to the end. I also want to put some emphasis on paving and drainage so the streets are safer. There are some hot spots in the city that are in dire need of attention."

Murphy has been working with volunteer financial consultant John Chambers and the commission on cutting the city's interest expenses and maximizing investment opportunities.

"There's a lot more to do with the city's finances. We've got a good start on it, but there's so much more that can be done," Murphy said.

Before running for mayor in 2014, Murphy had never sought public office.

"I didn't even run for student council in high school," he joked.

When asked about what he's learned during his first year and a half as mayor, the retired Verizon Wireless executive said, "It's very similar to the business world. You have to operate as a team and communicate extensively in order to be successful. Going the extra mile to develop relationships proved to be an invaluable tool in getting things accomplished."

Seeking her third term in office, Yetter, also feels there is unfinished commission business she would like to continue working on. She had previously contemplated selling her home and moving off the Island.

Webb will be seeking his sixth consecutive term in office. He also served on the commission during the early 2000s before taking a break to concentrate on his career as an attorney.

The qualifying period to formalize election intentions takes place June 20 through June 24. At this time, no other candidates have announced candidacies. The Anna Maria city elections will conclude on Tuesday, Nov. 8. The last day to register to vote is Tuesday. Oct. 11.

BRADENTON BEACH – Three local surfers were handcuffed but not arrested by Bradenton Beach police last Friday at Twin Piers after refusing repeated requests to come ashore due to dangerous conditions at the construction site, Police Chief Sam Speciale said.

"As surfers, we put ourselves in harm's way all the time," one of the three surfers, Zack Carter, told The Sun. "We knew what we were doing. It's probably not the safest spot to surf, but the sign doesn't say 'keep out of the water.' There has to be something more clear."

Three crumbling erosion control groins at what is known as Twin Piers - one of Anna Maria Island's most popular surf spots - are being rebuilt by Manatee County as permeable adjustable groins to preserve the beach from erosion, which will help protect hurricane evacuation route Gulf Drive from flooding in a storm.

It is posted as a no trespassing zone and a construction site on the land side of the construction, but surfers say no such signs are in the water, and they may enter the water north or south of where the signs are.

Regardless, Speciale said, they were told to come in.

"We have orders from the county not to allow anybody in the construction zone," he said. "They had to shut down the construction site for an hour."

The construction crew first told the surfers to come ashore, then county lifeguards, then Bradenton Beach police and the Manatee County Sheriff's Office boat patrol, he said, adding that one surfer shouted a profanity while the other two came in.

Officers thought their initial refusal indicated the possibility that one could be wanted by police, so they handcuffed them and ran checks on them, which came back clean, Speciale said, adding that the officers then let them go and told them to surf farther up the beach.

They didn't tell the surfers why they were being cuffed, Carter said.

The narrator of a video of the incident that appeared on the Gulfster, Surfer, and other surfing websites, labeled "Surfing is not a crime," states incorrectly that the men were arrested; Speciale said, explaining that they were only detained.

"I have respect for officers, but it was handled a little excessively," Carter said. "Pretty much everything they said to us was obvious, like we could go to jail because we didn't listen to their command, but it could have been told to us not in handcuffs."

The city of Bradenton Beach received two e-mails last weekend criticizing the police, one suggesting, "Spend more time and tax dollars catching the thieves," and the other suggesting, "Many people feel this unfortunate situation could have been handled differently."

"We're getting hate mail from California," Speciale said.

Known risk

One of the dangerous conditions at the site is a fence that has been installed in the water to keep nesting sea turtles away from the area during construction, said Suzi Fox, director of Anna Maria Island Turtle Watch and Shorebird Monitoring, who checks the site every morning for turtles before the crew begins work.

The fence is required by the Florida Department of Environmental Protection and Army Corps of Engineers construction permits to keep turtles from getting trapped in the zone, and it will be removed when construction is completed, she said.

The fence is sometimes visible and sometimes not, depending on the conditions, Fox said, adding, "Surfers could not possibly know if they were going to hit that fence."

Carter said the surfers saw the fence, but the waves "were probably going to be flat in the next hour."

When one of the officers walked out on the pier and told them to get out, "We didn't abide, which I take full responsibility for, but in our defense we were trying to surf away from the pier," he said.

The incident also was a case of mistaken identity, he said, adding that the surfers the officers originally addressed had gone.

A surfer who witnessed the incident but did not want to be identified suggested that signage should be posted in the water where surfers can see it.

"They need to be more specific," he said. "We didn't get any warning."

Surfers have expressed concern in the past about the reconstruction of the three groins, saying it could change the surf break there, as they say beach renourishment has done elsewhere on the Island.

Tom Pierro, of CB&I, formerly Coastal Construction and Engineering, the county's beach consultant, and a surfer himself, told The Sun last year that the surf break should remain the same after the new groins are completed.

So far, the break is still good, and surfers will continue to go there, Carter predicted.

"We rarely get waves. When we do, this could be the only spot on the Island that's a wave worth riding."

BRADENTON BEACH – A new ordinance approved on first reading last week defines the city's weak mayor form of government and the mayor's limited role within it, and Mayor Bill Shearon is not happy about it.

"If I have no leadership authority or supervisory responsibilities, then I don't have any responsibilities. I'm a ceremonial mayor. I will not be held accountable," he said during the Thursday, May 5, meeting.

Despite his pleas, Shearon was outvoted 3-1 on the pending adoption of Ordinance 16-467. Commissioners Ralph Cole, Jake Spooner and Jan Vosburgh voted in favor of the ordinance and Vice Mayor Ed Straight was absent with excuse. The ordinance will not take effect until adopted on final reading on Thursday, May 19.

The ordinance represents the commission's collective interpretation of the city charter as it pertains to the duties and powers of the mayor and commissioners. The ordinance was requested after three work meetings took place in February and March.

The ordinance states that department heads are supervised by the commission as whole and not by the mayor individually. During his two terms as mayor, Shearon has taken a more active approach to staff supervision than previous mayors and this contributed to the commission's desire for clarification.

"It is the mayor's duty, according to the charter, to make sure that policy mandates are carried out by the department heads, but it is the department heads' responsibility to run their respective departments," Cole said during last week's discussion.

"It clarifies that we have the weak mayor system, which hasn't been clarified before," he said of the ordinance.

Cole said this clarification would also provide future mayors and candidates with a clear understanding of the mayor's duties.

"I don't think we're taking anything from the mayor's position that he doesn't have," Cole said.

"I agree," Spooner said. "We've had three meetings on this already. That's what we asked for, and that's what we got. If there's an issue, it's brought to us,"

Vosburgh said she was surprised Shearon offered so much resistance to the ordinance. She was under the impression he agreed to proceed with it during the March 22 work meeting.

In response to Vosburgh, Shearon said, "I thought that I still had come type of supervisory authority and at least leadership authority. With this motion, you're taking away those two authorities, so I'm just like a commissioner. I don't even know why we have a mayor then. I don't see how the city's going to function."

Public perception

During public input, Jim Hassett questioned the idea that no single commission member would have supervisory authority. He said he intended to ask Vice Mayor Straight if he was prepared to serve as interim mayor if Shearon quit.

"What if this man over here decides to walk?" he asked, in reference to Shearon.

At no time during the meeting did Shearon suggest he would resign.

"It is my belief that you would not be having this conversation if the preceding mayor was here, or the next mayor. I don't know who would want to step into this job without any responsibility," Hassett said.

Pricilla VonAhnen said to the commission: "We voted for the mayor, and we voted for you. We didn't vote for the department heads. I think the person we vote for should be in charge. What else is the mayor for? Cutting ribbons? That's not right."

Attorney insight

In response to Hassett, City Attorney Ricinda Perry said, "The problem we're running into is the city commission has recognized that it functions under a weak mayor form of government, and it's very different from a strong mayor form of government, which is what the other two Island cities have.

"When you have a weak mayor form of government, you have to recognize the mayor's hands are tied, and somebody has to have the supervisory capacity over the city staff. This commission decided they wanted themselves, as a whole, to have that supervisory capacity. The commission collectively governs and supervises department directors. Neither the mayor nor any commissioner may direct or supervise the department head or their staff members. No individual elected official has that right. You have to do it collectively," Perry concluded.

The mayor is still responsible for the creation of the annual budget and the mayor's annual state of the city report.

When asked about the ordinance later in the week, department heads Terri Sanclemente, Sam Speciale and Tom Woodard each said reporting to the commission as a whole would have no negative impact on their ability to manage their departments.

HOLMES BEACH – The city has received a Bert Harris claim regarding property at 128 49th Street from Keith Carter.

In the e-mail, Carter said he is manager of Rorentals, LLC, the property owner, and said, "It is intended to develop the property, but there is no purpose in investing in architectural drawings and submitting building permits as it is clear that recently introduced changes to the building code preclude the type of development anticipated and that these changes in regulations impose an inordinate burden on Rorentals' vested rights in the property."

He said the city has enacted a series of ordinances that "have materially diminished the investment backed value of the property," and listed the following ordinances: Ordinance 13-03, which limits the living area ratio; Ordinance 13-05, which eliminates the underground connection for duplexes; Ordinance 14-16, which bans pool and AC equipment in setbacks; Ordinance 15-10, which bans swimming pools in front yards; and Ordinance 15-19, which requires front yard setbacks on all street frontages and sets limits on pools and water features.

However, he said the appraisal, which shows a diminished value of $351,000, "is based on the impact of Ordinance 15-12 as this produces the maximum diminution in value.

That ordinance calls for a maximum of four bedrooms in single-family homes and two per side in duplexes in the R-2, R-3 and R-4 zoning districts.

But Carter also maintained that the 'elements contained in the other ordinances will still cause a diminution, both in their own right and in combination with elements in the other ordinances" and that the claim is affected by all the referenced ordinances.

The e-mail, dated April 27, said the city "has 150 days to respond to the claim with a written settlement offer." Attached to the e-mail was a seven-page "Opinion Challenging Council Policy" and appraisal documents.

PALMETTO – Local tourism and all its sectors have grown for five years in a row, Bradenton Area Convention and Visitors Bureau (CVB) officials told guests at the 2016 National Tourism Week luncheon last week.

Manatee County has seen an increase in visitors, expenditures, employment and economic impact as a result of tourism, according to the county's tourism consultant, Tampa-based Research Data Services.

Specifically, last year, Manatee County visitor numbers exceeded 3 million, up 3.4 percent from 2014, tourism generated $46.9 million in state and local sales and use taxes, up 8.8 percent, tourism-related jobs totaled 24,700, up 13.8 percent, and the total economic impact of tourism was $1.1 billion, up 10.6 percent.

In the past five years, visitors increased 12 percent, tourism jobs increased 35 percent, the average daily room rate increased 22 percent and the total economic impact increased 44 percent, according to RDS.

Tourism growth is due in part to the county's preserves, according to tourism officials, who honored the staff of the Manatee County Parks and Natural Resources Department at the luncheon, and themed the event, "Parks and Preserves Make It Perfect."

A welcome reception prior to the luncheon showcased culinary offerings of local restaurants, focusing on sustainable and locally grown and caught menu items.

Serving up a special blend of great outdoor music, cold beer, tasty food and family fun, the Second Annual Blues, Brews & BBQ festival will take place in Bradenton Beach, on Saturday, May 21, from 3 p.m. to 9 p.m.

The event will take place in the gated lot at 107 and 111 Bridge Street, next to the Fish Hole adventure golf course.

Internationally-acclaimed blues guitarist Gene "Sarasota Slim" Hardage will headline the show, bringing to Bridge Street a musical style that commingles blues, funk, boogie, slide guitar and warm Southern charm.

"We are thrilled to have Sarasota Slim return. A lot of blues fans were disappointed when his show got rained out last year," said event chair Eric Fleishman, in reference to last year's weather-shortened inaugural event.

Taking the stage at 4:30 p.m., Blues Pig will serve as the musical appetizer to Sarasota Slim. Blues Pig is a staple at the annual Longboat Key Gourmet Lawn Party and has often performed at DCoy Ducks in Holmes Beach and Tiny's Lounge in the Whitney Beach Plaza. Island favorite Mac McConnell will kick-off the music at 3 p.m., joined by special guests.

The musical lineup was assembled by "Stone Crab Steve" Arvey, a well-known bluesman in his own right, who also serves as an ambassador for the Tampa Bay Area Suncoast Blues Society.

"It's a privilege to have musicians of this caliber play right here on Anna Maria Island, especially for such a good cause" Arvey said.

Proceeds will benefit All Island Denominations Food Pantry at Roser Church and the fundraising efforts will include a silent auction.

The menu features Island Time Bar & Grill's mouth-watering BBQ ribs and pulled pork platters, and Fire & Stone Pizza menu favorites, including barbeque-themed pizzas. Bradenton-based Motorworks Brewing will provide the craft beers. There will be a full-liquor bar, and standard domestic beers, wine and non-alcoholic beverages will be available.

There is a $5 admission fee, all ages are welcome, kids 12 and under are free and the gate opens at 2 p.m. There will be a limited amount of complimentary table seating inside the festival area and guests are welcome to bring chairs and blankets, but no coolers.

Outside food and drink are not allowed, but wristbands will allow event attendees to come and go freely while shopping and dining along Bridge Street, where special deals will be offered by the Bridge Street businesses that make up the Bridge Street Merchants Association.

Event organizers suggest taking the free Island Trolley to Bridge Street, with limited parking also available along Bridge Street, in the city lot behind Bridge Street Bistro, at Bradenton Beach City Hall and at the Tingley Memorial Library. There is also plenty of free parking along Gulf Drive at Cortez Beach, just a few blocks south of Bridge Street.

The Island Beach Monkeys' bus and shuttle, 941-565-6542, and the Ride AMI shuttle service, 1-877-743-3264, will also provide transportation to and from the event.

For more information visit www.visitbridgestreet.com or call 607-346-4126.

Bradenton Beach was in a party mood during last week's Cinco de Mayo celebrations, with the sounds of live music and people celebrating the May 5 holiday filling the air along Bridge Street and Gulf Drive. Live music could be found at the Gulf Drive Café, Wicked Cantina, The Freckled Fin, Island Time, Blue Marlin Grill, The Drift In and the Bridge Tender Inn, with many other Island establishments also celebrating the Mexican-American culture. Not to be confused with Mexico's Independence Day, which is celebrated on Sept. 16, Cinco de Mayo commemorates the day the Mexican Army defeated French forces in the Battle of Puebla in 1862.

 

 

JOE HENDRICKS | SUN

Joined by her friend Vicky LaChance, Ginny Calcutti, from Sarasota,
wore her lucky Sombrero to the Moose Lodge's Queen of Hearts drawing.

 

 

HOLMES BEACH – After hearing four hours of background information, lawyers' pleadings and witness' testimony regarding the tree house last week, Special Magistrate Kelly Fernandez said she plans to make a ruling two weeks after reviewing documents she requested.

Tree house attorney David Levin opening the hearing by giving a chronology of events regarding the tree house built by Richard Hazen and Lynn Tran on the beach in front of Angelino's Sea Lodge at 103 29th St. in 2011. It then came to the attention of the Florida Department of Environmental Protection and the city.

In 2013, the city's Code Enforcement Board ruled that the tree house was constructed without a permit and encroached 20 feet into the erosion control line. The board ordered the couple to remove the violations or demolish the tree house.

When they did neither, the board imposed a fine of $100 per day. The couple appealed the order and the fine, and in March 2014, they were granted a stay from the fine.

In September 2014, a judge upheld the board's original order. The couple appealed, and the circuit court also upheld the board's order.

The hearing is the next step in this process in which the special magistrate will determine whether to re-impose the code board fine.

In another action in September 2013, the couple filed an initiative petition seeking to put an ordinance on the ballot for voters to decide if the tree house is legal. However, the city alleged that an election would be invalid under state law and requested a declaratory judgment.

In February, Levin filed a motion arguing that the prohibition in state law applies to a development order and that the tree house is an accessory structure.

Motion for continuance

After receiving the notice of the special magistrate hearing, Levin filed a motion for continuance to stay the hearing because the case involving the petition is scheduled for a court hearing in June.

"To comply with the order would penalize the Hazens with not complying when they are still trying to pursue their legal remedy that would make the structure lawful," Levin said. "There is no prejudice to the city or the public to delay this until that hearing."

Fernandez asked why the petition has been delayed for so long, and Levin said he thought they would win on appeal and after the appeal was denied, he moved forward with the petition process.

Fernandez asked if he wanted it delayed until the vote of the people.

"I have confidence that the court will say that the city should pursue the petition process," Levin responded. "We hope the city would allow the process to go forward."

"In order to follow the order of the code enforcement board, the tree house has to come down. It can't be undone. The code board process is to bring people into compliance. We are trying, and now we have one last shot."

City Attorney Jim Dye disagreed and said the initiative petition is "a sideshow" and the primary jurisdiction is with the code enforcement board.

He "vehemently disagreed" with Levin's statement that there is no prejudice because of "the risk it presents in its current state. There is a grave risk of harm" to the neighbors and the city.

Fernandez denied the motion, and then Levin asked that in addition to hearing testimony, that she review the transcript of the original code enforcement board hearing.

Witnesses called

Witnesses included Code Enforcement Officer James Thomas, Planner Bill Brisson, Building Official Jim McGuinness and Tran.

Thomas was called to authenticate photos of the structure.

Dye asked Brisson about the consequences of not having a building permit, site plan or plan review.

Brisson said a site plan must be approved before a building permit can be issued and said without a site plan the city has not had an opportunity to review the structure for potential hazards that could result in a dangerous situation that could impact the beach or surrounding area.

Levin maintained that Brisson had no knowledge of this particular structure and therefore could not talk about its impact on the beach or the surrounding area.

Dye asked McGuinness about the lack of permitting and how it affected the surrounding area. McGuinness said there is no building permit to show that it meets code or is properly engineered, making it a potential risk to other structures in a storm.

Levin maintained that McGuinness has never inspected the structure and does not know if it complies with Federal Emergency Management Agency (FEMA) regulations. He also said FEMA has different regulations for accessory structures than for occupied structures.

Tran described her unsuccessful efforts to obtain an after the fact building permit for the structure.

Closing arguments

Dye said there are three criteria to be considered– if there were previous violations, what efforts have been made to bring the structure into compliance and the gravity of the violation.

"From the testimony there was a great deal of activity prior to the code board hearing and not much activity since then," Dye said. "The activity on the part of the property owner to address the violations was minimal.

"There's been a great deal of legal activity, but not much to address the substance of the tree house – zoning, planning, construction."

Regarding gravity, he said, "The city's regulations that apply to this situation are more than just technical violations. They carry serious consequences."

He said site planning "protects the integrity of the city" and "ignoring this puts the formal review process at risk," and because the structure did not go through the building permit process, it poses a great risk to persons and property in the event of a hurricane.

He asked for the maximum fine of $250 per day to begin Sept. 14, 2014, resulting in a total of 594 days to date and a fine of $148,500. In addition, he asked for the city's costs of $4,271.

Levin said the Hazens tried to get an after the fact permit but could not and then filed the initiative petition, but the city "sat on it. The only other option that they had available to them was to was rights to challenge the various decisions that were made in the courts."

He then asked Fernandez again to grant the motion for continuance and noted, "Nothing has happened since it's been there. There's no evidence it poses a risk to health safety or welfare."

Regarding the penalty, he said there is no testimony as to what the city's costs are based on and that there is an attorney general's opinion that such costs are not recoverable.

Fernandez again denied the motion for continuance. She said she would review the transcript of the original code board hearing as requested by Levin, and that she wanted back up for the city's costs. She said she would issue her final order two weeks after getting the requested documents.