HOLMES BEACH – Franchises, or formula businesses, are on hold in the city after city commissioners agreed last week to impose a moratorium on them for up to eight months.

The issue began when commissioners learned that Dunkin Donuts and Baskin Robbins were planning to open in the Anna Maria Island Centre, owned by the Benderson Development Company. This was followed by complaints from other business owners and residents about losing the Island's character and Old Florida ambiance.

Mayor Bob Johnson said the purpose of the moratorium is "to provide time to look at the inventory of the types of businesses in the city and determine a course of action. It gives us time to do analysis and investigation."

He said there are 173 commercial businesses in the city, and 20 of those would be considered formula businesses. Of the 27 dining establishments in the city, four are formula businesses.

Chair Judy Titsworth asked how long the moratorium should be in place, and Johnson said until January or February 2017.
Commissioner Jean Peelen asked if that is too long, but City Attorney Steve Dye said he is comfortable with eight months due to the complexity of the issue.

"We have to save what we have," Titsworth stressed. "The moratorium gives us a chance to legislate wisely."

Peelen suggested they work with county tourism officials regarding promoting the Island as unique and Old Florida.

Franchise owner speaks

Steve Galloway said he is the owner of the Baskin Robbins/Dunkin Donuts franchise slated to open in the AMI Centre.

"We typically get welcomed into communities. I want clarity on the moratorium. Where do we stand?" he asked.

Chair Judy Titsworth said the moratorium would be in place after first and second readings of the ordinance that has not yet been drafted, but would be effective from the date of the meeting, June 14. She said anyone who has applied for a permit or business tax receipt would not be affected.

"How do we respond as a business?" Galloway asked. "We like to be good neighbors. How do we proceed?"

Commissioner Carol Soustek responded, "One of the problems we have is the location. You're putting a similar business in the same area, and the competition could be disastrous to another business next door.

"This is not targeted at you or anybody else. This a process happening right now, and we need to do this because it could get out of control very quickly."

"People are concerned about what formula businesses could do to our city," Titsworth added.

"I'm surprised to see resistance," Galloway said. "One of the things the brand allows is a lot of flexibility in conforming with the community."

ANNA MARIA – The four barrier island mayors remain hopeful for a more equitable distribution of the county's proposed half-cent sales tax.

Manatee County commissioners plan to vote on an ordinance to put the question on the November ballot, but had not done so by press time for this edition. As it currently reads, the tax would be distributed based on population, as provided in statute.

The island mayors' proposal would allocate 90 percent based on a population formula and 10 percent based on collections of the tourist bed tax.

At last week's meeting of barrier island elected officials, Longboat Key Mayor Jack Duncan stressed, "Somehow the county needs to appreciate what we do for business throughout the entire county. We get a lot of rhetoric from our county commissioners about how important the islands are, but now it's time to show it."

Impact of tourism

At issue is the impact of tourism on the barrier islands and the fact that 58 percent of the tourist bed tax money is generated from the four island cities, while they represent 2.5 percent of the county's population.

"The tax money must be used for infrastructure improvements, and we're experiencing the most pain," Duncan said. "For example, Longboat Key's population is about 6,800, and we have17,000 tourists on the island. Anna Maria has 13,000 tourists.

"We have this overwhelming responsibility to provide amenities for these tourists. They're not coming here to go to Bradenton. They're coming to the beaches."

Duncan said county officials have told the barrier island cities to increase their millage rate to pay for infrastructure.

"That would be increasing the taxes for 6,800 people to pay for infrastructure for 17,000 tourists," he pointed out, adding that 30 percent of a sales tax would be paid by tourists.

"This is not uniformity," Holmes Beach Mayor Bob Johnson added. "There are different influences on different parts of the county, and they need to be taken into consideration."

He said the distribution could be done by interlocal agreement, so it could be adjusted over the 15-year term of the tax and added, "If you speak to your county commissioners, tell them to think as a community."

Anna Maria Mayor Dan Murphy said, "Tourism is the #2 industry in the county. It's part of the glue that provides all the jobs.

"If you're going to walk the talk, you have to support tourism. If you're supporting tourism, why would you take your tax and base it solely on population?"

The proposals

The proposal put forth by the county shows the following distribution of the tax: Manatee County, $22,833,877; Bradenton, $3,704,085; Palmetto, $927,416; Anna Maria, $110,357; Bradenton Beach, $84,488; Holmes Beach, $278,174; and Longboat Key (Manatee County portion), $171, 803;

The mayors' proposal, which would allocate 90 percent based on a population formula and 10 percent based on collections of the tourist bed tax, shows the following distribution of the tax: Manatee County, $21,529, 567; Bradenton, $3,503,462; Palmetto, $845,496; Anna Maria, $479,090.30; Bradenton Beach, $322.033; Holmes Beach, $951,424; and Longboat Key (Manatee County portion), $474,376.

HOLMES BEACH – Building Official Jim McGuinness told city commissioners that he is reviewing the conceptual plan from Manatee County to remodel and expand the concession at Manatee Public Beach.

"It's strictly a conceptual plan, and it's been sent to (City Attorney) Patty Petruff," McGuinness explained. "We are in the process of looking at the site plan stipulations for the public beach and weighing what they want to do against what was approved within that site plan."

Commissioner Jean Peelen asked if the patio has already been expanded to accommodate additional tables, and McGuinness replied, "They have received no permits from my department. I'm not aware of any expansion."

According to a recent e-mail from officials at the Manatee County Parks and Natural Resources Department, United Park Service, which took over the beach concession in 2010, is seeking the following:

• To add seating including Tiki huts, lounge chairs and umbrellas, in the sand area in front of the patio;

• To make a new ice cream shop/area in the inside storage area on the north side of the building and add outside storage;

• To turn the current ice cream area into a pizza shop with pizza ovens, a counter, a dining area and a to-go window.

In an e-mail to McGuinness, who asked for her comments, Petruff raised questions about the proposal including parking and restroom capacity, serving alcohol, traffic, hours of operation and the purpose of the beach concession.

In a subsequent e-mail reply to a county attorney who inquired about the city's code requirements, Petruff said, "The concession operates pursuant to a site plan approved by the commission. The land owned by the county is zoned recreational and is subject to both the city's comprehensive plan and land development code."

Manatee County Commissioner Carol Whitmore said the subject came up at a recent county budget work session and stressed, "I said I did not support any expansion. I don't want to give up the character. If they expand the patio 100 feet, it will destroy what we want to maintain."

Chair Judy Titsworth said any site plan changes should come before the city commission.

ANNA MARIA – Anna Maria City Pier tenant and restaurant operator Mario Schoenfelder sent a scathing letter to city officials last week regarding commission decisions and comments made at the May 26 meeting in regard to funding the $2 million pier rehabilitation.

Before that May meeting, Schoenfelder presented the city with two offers: one for a $250,000 contribution and another for $500,000. Both offers stipulated that new leases be renegotiated, and the larger offer sought two rent-free years in exchange for providing the money up front. The commission majority rejected both offers.

Schoenfelder's June 16 open letter to the mayor and commissioners said, "I respect and accept the city's authority to choose a tenant as they please and to let the current lease expire in December of 2020. What I do not accept are false, untrue and insulting accusations that are intended to serve as reasons to deny my company a renewed lease."

In regard to Commissioner Nancy Yetter saying accepting Schoenfelder's offers would be a disservice to city residents, Schoenfelder wrote, "Can Commissioner Yetter please explain the disservice?"

He also questioned Commissioner Chuck Webb's opinion that accepting the rent-free offer would be a step backwards for the city.

Schoenfelder claims the city would receive $10,000 more than what he is currently scheduled to pay according to the lease that expires in 2020.

"Going backwards? I don't think so," he wrote.

Schoenfelder took offense to Webb, Yetter and Commissioner Carol Carter's suggestions that he has not lived up to the lease terms that require him to maintain and repair the pier at his own expense.

"Name one instance when additional negotiations were necessary to make me comply with the lease," he wrote.

"Mr. Webb said he is done with negotiations. How many times did he negotiate with me? Never, not once. Whenever Mr. McKay and other city officials asked us to take care of certain items, we did so as soon as possible. What Commissioners Yetter, Carter und Webb are saying is simply not true."

Schoenfelder also criticized the commission and Mayor Dan Murphy for the lack of progress at City Pier Park, across the street from the pier.

In closing, he wrote, "The city needs to know that I will fulfill my contractual obligations as much as I expect the city to do the same. The city can only terminate the lease prematurely if and when all losses of income for my employees, my company and myself are fully covered. I have no idea why three commissioners acted the way they did. They threw out a bunch of accusations with no supporting evidence. I want to thank Commissioners Woodland and Copeland for their support."

When asked about the letter, Yetter said, "I have read Mario's letter. All I know is that anyone can take a few tidbits and slant them anyway they want in order to make themselves look good. I won't get into the he said-she said debate. The commissioners made a decision based solely on the facts."

Webb also stood by his comments and he encouraged people to walk out to the end of the pier and examine the conditions and cleanliness on their own.

"The stuff about the city park is just trying to distract us from the issues. My math may not be perfect, but his offer with the number of rent-free years wasn't any big advantage to the city," Webb said.

"He hasn't been a good tenant. He can deny as much he as wants, but the facts are the facts. The way I look at it, we are not going to have any trouble getting another tenant."

Murphy declined comment.

ANNA MARIA – Anna Maria Mayor Dan Murphy and Holmes Beach Mayor Bob Johnson said they are in no hurry to install license plate recognition cameras on the Island.

At last week's meeting of barrier island elected officials, Longboat Key Police Chief Pete Cummings told the group that the town installed the cameras four years ago, and they are on 24 hours a day and capture images of license plates. He said if a vehicle is associated with any criminal charges, police are alerted.

Holmes Beach Commissioner Carol Soustek said, "The amount of people who come and go on our Island is huge, and they are not all angels. It's a deterrent; it's a tool.

"The photo is of the license plate not the person, so it doesn't go anywhere unless there's a problem. I think it would be a good thing to pursue."

She said Holmes Beach Police Chief Bill Tokajer is comparing various systems and plans to make a report to the city commission. She suggested that the cities use beach concession stand funds to pay for it at a cost of $70,000 to $100,000.

An image of Big Brother

Anna Maria Commissioner Dale Woodland asked Cummings about stopping a motorist for probable cause and also about creating an image of Big Brother.

"If we get an alert for an individual, we'll get a visual on that vehicle and ID the driver," Cummings replied. "If it matches the overall description of the person that's wanted, we'll stop the vehicle.

"As far as Big Brother, nothing comes to our computers unless there's an associated violation or we're using it as an investigative tool to locate a vehicle after the fact. We would not know if you came on our island unless you committed a crime."

Anna Maria Commissioner Chuck Webb asked if they identify people with traffic violations, and Cummings said no, only people who have committed a crime.

Holmes Beach Commissioner Jean Peelen asked if the system identifies only open crimes and Cummings said yes.

Declaring opposition

"I'm 1000 percent against it," Peelen declared. "We do not have a high crime rate on this island, and we never have had. The intrusion of government into private affairs is outrageous.

"We have protection already on one end of the Island thanks to Longboat, so why in the world would we spend hundreds of thousands of dollars to put one on Manatee Avenue and Cortez Road when there is not a current problem?"

Donna Harris, of Holmes Beach, said, "I feel really uncomfortable about the cameras. We're not a high crime community. We're known as an Old Florida community; you can throw that out the window if we get those cameras."

Murphy said, "How you're using them on Longboat Key, you're doing everything right, but my concern from an Anna Maria point of view is that tool in the wrong hands becomes lethal."

And Johnson added, "I have no issue with understanding this thing, but its important to look at the environment. I'm in no hurry to do it. I'm not hopping on the bandwagon because of these discussions."

Longboat Key Mayor Jack Duncan said the cameras were "looked at favorably by the community with no concern about government overuse or privacy."

And Cummings added that he has heard nothing but positive comments from the community."

ANNA MARIA – Anna Maria Island Accommodations has finalized an agreement with the Center of AMI for a guest pass program for its renters.

As of July 1, The Center will be a part of the guest amenities package offered to those who stay at properties managed by AMI. It also will provide ongoing revenue for the Center.

In a press release from The Center, AMI co-owners Rob and Jamie Hinckle said, "We are pleased to be able to provide our guests with access to The Center and its programs during their stay. It provides a better guest experience while increasing incentives offered by property owners at no charge to either party."

They added that it is "a logical extension of the ongoing service model developed by Mike and Susan Brinson."

According to the agreement, renters will receive access to the fitness space and pay drop in fees for any other classes. Approximately 200 rental properties will have access to the program, and The Center will receive $10 per check-in.

Regarding the agreement, Center Executive Director, Kristen Lessig, said, "This is typical of the ongoing support and generosity we have come to appreciate from these folks. This agreement sets a new standard for guest service and community support.

"Several rental agencies offer a variety of methods by which their guests may purchase temporary passes. AMI Accommodations is the first, and only at this point, to provide access for all of their guests as part of their inclusive amenities package. This enhances the guest experience while providing reliable and much appreciated income to the Center."

Center Board member, Ed Chiles, added, "The board and leadership team at The Center hopes the community at large will recognize and appreciate this incredible effort by an Island business that is truly committed to supporting and improving an organization that is leading the way in supporting and assisting the families and seniors from our community as well as those who visit our little piece of paradise."

For information, contact Kristen Lessig at 778-1908 or kristenl@centerami.org.

HOLMES BEACH – When a consultant told the Manatee County Commission a high, fixed-span bridge would be the best replacement for the Cortez Bridge in terms of accommodating lots of traffic, he caught the attention of Save Anna Maria (SAM) members who successfully stopped an unwanted fix-span replacement for an Island drawbridge 23 years ago.

Nancy Deal, a SAM board member, said members were going to meet soon to discuss strategy to fight the fixed span, because many people think it would be too large to serve the people and businesses in Cortez.

Deal said they would like to investigate alternatives to the fixed span, saying it's also a safety problem.

"We know what happens when a storm is coming with high winds," she said. "The higher the bridge, the stronger the winds, and they could blow high-profile vehicles off the bridge."

Deal said they would like to check out alternatives to the replacement of the Cortez Bridge, such as using carbon fiber or other new and stronger materials.

Deal also said they would poll members also about the fixed span replacement planned for the Anna Maria Island Bridge to see if they would want to try to change the minds of Florida Department of Transportation officials.

BRADENTON BEACH – If there's going to be a building moratorium in Bradenton Beach, it will be enacted by city voters rather than city commissioners.

During the Thursday, June 16, meeting, city commissioners voted 4-1 to deny the adoption of a citizen-initiated building moratorium ordinance. The denial was based in part on staff's recommendation that the ballot language presented by city resident Priscilla VonAhnen required further clarification and could be problematic if adopted as is.

The moratorium ordinance language called for a six-month moratorium on the acceptance, review and issuance of building permit applications for residential units in the R-1 and R-2 zone districts that request four or more bedrooms or rooms that could be used as sleeping areas.

"The problem I have with that is you could include your living room as a sleeping area if you had a sleeper sofa in it," said Commissioner Ralph Cole.

City Planner Alan Garrett said, "I'm glad you brought that point up. The way the wording is, every living room in a house would have to count as a sleeping area. If I have two living rooms, I can only have two bedrooms. There is a caveat about kitchens or bathrooms, but it doesn't exclude living rooms or dining rooms. The wording needs clarification."

Mayor Bill Shearon asked City Attorney Ricinda Perry how long it would take to revise the proposed ordinance language. Garrett and Perry said that would take about a month. If the revised ordinance were rejected by the commission at that time, it would be too late to get it to the Supervisor of Elections Office in time for to be included on the November ballot.

In regard to adopting the ordinance as presented, Perry said, "Staff is telling you it cannot be enforced properly."

When asked later if she and Garrett would help clean up the ballot language to be submitted to the elections office, Perry said she not yet received direction as to what changes are desired. That direction will be provided at two public hearings in July.

Commissioner Jake Spooner questioned whether amending the ballot language was allowed because that would alter the language presented to those who signed the petition that would allow the question to be put to city voters if denied by the city commission.

Perry said some modifications would be OK, as long as they did not stray too far from the petition's original intent.

"I'm for letting the voters decide," Cole said.

He suggested the commission work on a noise issues and other vacation rental concerns in the meantime.

Vice Mayor Ed Straight agreed that the city needs vacation rental regulations and that is something the commission needs to work on.

As for the moratorium, Straight said, "I'm in favor of what the voters decide. I'm curious to see what the general feeling is out there."

When casting his vote to deny the adoption of ordinance because of the concerns expressed by staff, Shearon said he was doing so reluctantly. Commissioner Jan Vosburgh cast the only vote in support of the ordinance presented.