Moderate to high levels of red tide are predicted at least through Thursday in Manatee County waters, according to the National Oceanic and Atmospheric Administration (NOAA).

Red tide, an abnormally high concentration of the microscopic organism, Karenia brevis, has affected Anna Maria Island coastlines for more than two weeks, with the location of the heaviest bloom changing with variable winds and currents.

The algae is killing fish, causing respiratory problems and impacting the tourism industry; Anna Maria Island Chamber of Commerce President Debra Wing reports 50 percent cancellations, especially at beachfront resorts.

Beach cleanup continues to be problematic. Manatee County beach rake driver Mark Taylor said Saturday he thought he had the dead fish on the beach under control.

"Things are much more favorable," he said. "The Gulf water is a more favorable color and there's a northeast wind coming."

That was then.

By Monday, conditions had deteriorated.

"We thought we had it under control," he said. "I raked the beaches Sunday and there were a lot of dead fish on the beach at Bean Point."

Taylor said they planne

d on using a second rake, but there's another problem.

"We need another rolloff (dumpster) because all of the ones we have are full and we're running out of room to put the dead fish."

Taylor said he hoped an expected northeast wind from the presence of Hurricane Matthew – if it goes east of the Florida Peninsula – would push the red tide out into the Gulf.

Meanwhile, the county's public beaches are open, according to Manatee County Marine Rescue Chief Joe Westerman.

"They can enjoy the beach and even go in the water, which we don't recommend," Westerman said. "Locals might stay away but if you're from Europe and you travelled all the way to Manatee County, you'd probably want to go to the beach." He said some people were doing that Monday.

As for the lifeguards, they are out there doing their job.

"They have masks they can wear," he said. "If it gets real bad, we put them on a shift of one hour in the tower and one hour out of it."

No effective remedy for red tide, a natural phenomenon, has been discovered.

Visit www.mote.org/beaches to monitor red tide at the beaches.

Take precautions against red tide

• People with asthma and other respiratory conditions should bring their inhalers to the beach or avoid the area.

• People affected by red tide up to five miles inland from Anna Maria Island are advised to close their windows and run their air conditioners.

• Swimming is not advised, as some swimmers experience skin irritation and rashes after swimming in red tide. Swimming in water where dead fish are present also exposes swimmers to elevated bacteria levels.

• Sea foam contains a high concentration of red tide; exposure to foam along the shoreline can cause skin and eye irritation.

• Shellfish like clams, oysters, and coquinas that are harvested from areas with red tide should not be eaten because shellfish are filter feeders that concentrate the toxins produced by red tide. Scallops can be consumed if only the scallop muscle is eaten; scallop stew using the whole animal should not be consumed.

• Crabs, shrimp and lobster can be consumed because they do not concentrate the red tide toxin. Shellfish available through restaurants and commercial food suppliers are considered safe to consume.

Source: Florida Department of Health

BRADENTON BEACH – A $15,000 settlement has been proposed to end the pier lease lawsuit that Bradenton Beach Marina owners Mike and Allan Bazzy filed last year against the city, the Anna Maria Oyster Bar (AMOB), Paradise Boat Tours and two additional subtenants.

The propose settlement agreement was discussed and negotiated during three recent non-public shade meetings conducted by attorney Fred Moore, who, as the city's legal representative, then exchanged offers and counteroffers with the Bazzys' attorney, Nelon Kirkland.

The Bazzys signed the settlement agreement on Tuesday, Sept. 20. The agreement now requires final commission approval and the signature of Mayor Bill Shearon in order to be official.

The settlement agreement signed by the Bazzys was distributed to commission members late last week. On Saturday morning, Shearon e-mailed City Clerk Terri Sanclemente and asked that the settlement agreement be added to the agenda and the meeting packet for the Thursday, Oct. 6 commission meeting that had previously been distributed with no mention of a pending commission vote on the settlement.

A copy of the agreement obtained from Shearon later in the day revealed the settlement terms.

The terms

"The parties desire to avoid incurring costs of litigation and seek amicably to resolve the dispute between them," the agreement states.

Filed in November, 2015, the lawsuit stemmed from the Bazzys' allegations that the non-public, preliminary lease term discussions that took place after the commission selected AMOB as its preferred pier tenant violated state Sunshine Law in regard to public meetings and public negotiations.

Mayor Jack Clarke, City Attorney Ricinda Perry, AMOB CEO John Horne and Horne's attorney were the participants in those private discussions that resulted in AMOB increasing their offer and agreeing to lease all three city-owned spaces at the Historic Bridge Street Pier, rather than just the restaurant space as they originally proposed. These terms were then approved by the city commission during two public hearings in August and September 2015.

"Bazzy acknowledges that the city disputes that a violation of Sunshine Law occurred, but agrees that whether or not a Sunshine Law violation actually occurred, the actions of the city at meetings beginning in August of 2015 and continuing through the execution of this agreement is sufficient to have cured any such violation and have cured all issues. This settlement agreement and the settlement agreement payment being made are without any admission of liability or wrongdoing by the city and are made purely by way of compromise and settlement," the agreement states.

The agreement requires payment from the city be made in full to the Harrison Kirkland law firm within 30 days of the agreement being approved and finalized.

Not including the pending settlement payment, the city has already spent approximately $38,000 on attorney fees related to this case. Several months ago, Horne said he had already spent more than $10,000, and that amount has increased due to the additional hearings and legal actions that have occurred since then.

The agreement's mutual release clause states that upon payment, the parties fully and forever release, discharge and consent not to sue each other with respect to any and all actions, claims, demands, damages and expenses resulting from or relating to the issues and facts raised in the lawsuit. The mutual release also pertains to heirs, successors, affiliates and related entities.

The settlement does not require the city to issue a new request for proposals (RFP) for the two smaller spaces AMOB subleases to Paradise Boat Tours and Coastal Gifts and Jewelry. The issuance of a new RFP for the lease of the two secondary spaces was one of the corrective actions the Bazzys sought in their lawsuit.

The Bazzys were among those who responded to the original request for proposals the city issued in June 2015. The Bazzy proposal included all three buildings and offered the highest monthly lease payments, but also included a restaurant concept presented by Allan Bazzy that called for the restaurant service to be provided collectively by various other Bridge Street restaurants, none of whom publically expressed interest in participating in the proposed cooperative endeavor.

ANNA MARIA – On Friday, Sept. 30, the city of Anna Maria presented the law firm representing 117 Willow LLC with a contract to purchase a vacation rental property located at 117 Willow Ave.

The 12-page contract calls for the city to pay $1,212,925 for the four-bedroom, 3.5 bath, two-story single family residence in order to resolve a Bert Harris claim filed in May on behalf of the property owners.

Attorney Louis Najmy is listed as the LLC's registered agent and Joe Varner and Shawn Kaleta are listed as authorized persons. The appraisal package submitted with the Bert Harris claim lists AMI Vacations as the property's group finance entity.

Anna Maria Mayor Dan Murphy discussed the sales contract late Friday afternoon, after it had been transmitted to the property owners' attorney at the Najmy Thompson law firm.

"We have sent a contract to Mr. Kaleta's attorney that's got a seven-day deadline for signature. The sale is subject to inspection of the property and the city obtaining financing, with a closing date of 65 days from acceptance," Murphy said.

"We have 15 days to inspect the property and the sale is subject to a successful inspection," he added.

"They're getting a contract that is a standard Florida Bar and Florida Board of Realtors approved as-is contract. It's subject to the normal things a contract is subject to when you purchase a house such as inspections, a reasonable period of time to obtain financing and a reasonable period of time for closing. There's nothing out of the ordinary here. We didn't dream up a contract to send to them," Murphy said.

The purchase price includes all the furnishings shown in the appraisal; and according to Murphy, the contract can be assigned to another party at the city's discretion if someone else wishes to purchase the property.

Murphy said he was not yet at liberty to discuss how the city would fund or finance the purchase.

If the sale is carried out, this would mark the first time the city has purchased a rental property in order to settle a Bert Harris claim.

The city commission-approved purchase offer was submitted to 117 Willow LLC in writing on Sept. 13 as an alternative to the 14-person occupancy limit the property owners sought in their claim.

As of Friday, 117 Willow LLC was the only one of the 20 property owners who received purchase offers to take the city up on the offers made as an alternative to the two persons per bedroom plus two additional guests occupancy limit the city was also offering.

As of Friday, the city had received 70 Bert Harris claims, including two that day from the Najmy Thompson firm that day, seeking a total of $23.7 million for lost property value in the event that acceptable occupancy limits cannot be agreed upon.

According to purchase offer City Attorney Becky Vose sent to attorney Aaron Thomas on Sept. 13, the city will honor all existing rental agreements in place as of that date, which currently extend through May 2017.

The purchase offer also states the city will continue to use the existing rental agent as long as the firm is offering its services at a generally accepted, reasonable local rate.

If the sale is consummated, the city would receive the rental revenue generated by the property, minus the percentage paid to the rental agent.

When asked if the city's rental agent would be asked to try to fill any open dates between now and May, Murphy said that would make sense from a business standpoint.

Murphy was asked if owning a vacation rental might provide the city the opportunity to ensure that the property is utilized in full accordance with the city's vacation rental ordinance.

"Absolutely," he said.

As for what happens once any existing rental contracts expire, Murphy said, "We'll cross that bridge when we come to it."
In regard to concerns taxpayers might have about the city purchasing vacation rental properties, Murphy said, "I'm confident the city's headed in the right direction in the resolution of these Bert Harris claims."

HOLMES BEACH – City commissioners approved the 2.25 millage rate and $12 million budget at the final budget public hearing on Sept. 27 after receiving a lone complaint from resident Jim Kihm, which was read into the record in Kihm's absence.

"First, I do not understand why the proposed budget is being compared against the current year's budget and not actual forecasted expenditures for the year," Kihm said. "This approach results in a distorted view of the city's financial position and needs for the coming year.

"If you check the year-to-date figures through the month of August, you will find that revenue is almost $600k less than what was budgeted in just five line items. Yet the budget figures used to set next year's budget assumes that all of this money will be collected during the month of September."

Kihm then provided figures for YTD (year to date), budget, variance and variance percentage for franchise fee/electric, communications service tax, half-cent sales tax, Swiftmud drainage and private grant proceeds showing a variance of $593,502.64.

However, City Treasurer Lori Hill pointed out, "These amounts are through Aug. 31, 2016, financials, which is revenue inclusive through June and expenses through July with some August inclusions. We will have two more months of expenses that will need to be funded from FY15/16 budget."

She also gave figures for those expenses for each example Kihm cited.

Department spending

In addition, Kihm said, "Spending year-to-date through the end of August is below budget in the amount of almost $1.5 million. Again, the budget figures used to set next year's budget assumes that all of this money will be spent during the month of September. I find this totally unrealistic."

He then provided figures for YTD, budget, variance and variance percentage for all of the city's departments, plus the five-cent gas tax and stormwater utility fund showing a variance of $1,468,862.77.

Hill then explained the differences in those figures:

• Mayor and commission funds are to be reallocated at the Sept. 27 meeting to finance additional stormwater drainage improvements, which are over budget.

• Administrative costs through August still have two more months of legal expanse and a new phone system.

• The Police Department will not spend all its funding this year due to a reduction in the pension plan contribution and the change in health care in July 2016.There also are two months of costs and the RMS system to pay for.

• The Building Department will have a variance because FY15/16 was its first year as an individual department. Some internal costs were estimated higher that actual and adjustments have been made for FY16/17.

• Code Enforcement has two months of additional bills and a part-time employee was made full time.

• The Public Works Department will now spend its entire budget, but there are significant additional expenses. For example, the Grassy Point boardwalk for $87,000 has not been invoiced.

• A paving invoice for approximately $80,000 has not been received yet.

HOLMES BEACH – After opposing a motion that would allow Gloria Dei Lutheran Church to rezone part of its property from PSP (public/semi public) to R-2 (medium density), city commissioners reversed their vote upon hearing from two attorneys.

When the church's attorney Scott Rudacille said he was "shocked" that they would turn down the motion without having a public hearing, City Attorney Patricia Petruff advised them to reconsider the motion.

The motion was regarding Ordinance 16-17 to amend the city's comprehensive plan to change the future land use designation of a portion of the church's property. A second, Ordinance 16-18, would allow a rezone of part of its property from PSP to R-2.

Church officials sought the rezone after members learned of major financial issues and determined that the only way to save the church was to rezone a portion of the property and sell it off.

Prior to the motion, City Planner Bill Brisson said both medium density, or R-2, which would allow duplexes, and low density, or R-1, which is single-family residential, would be consistent with the comprehensive plan and read a list of advantages and disadvantages of each.

"My conclusion as a planner is that to designate it as medium density residential is consistent with the comp plan," Brisson concluded.

Comments

"I feel increasing the residential zoning would help save the church," Chair Judy Titsworth said, because it would increase the number of residents, but Brisson said there is no data to support that statement.

Titsworth then said if the whole property were to be considered, R-1 would be more appropriate, and Brisson agreed.

Petruff then advised commissioners to "hold their comments until we hear from the applicant and the public," however, Rudacille said he did not have a presentation because neither ordinance was advertised as a public hearing.

Neighbor Walter Post said he is opposed to the rezone because of concerns about flooding and traffic worsening with the addition of multi-family units.

"It's difficult for me to imagine changing a zone to allowing for more density than we already have," Commissioner Jean Peelen said. "I believe it would be compatible with R-1. I look at the city as a whole, not just what's next door."

"You can approve it as it is, not pass the first reading, or provide direction to the staff with respect to your concept of what would be more appropriate," Petruff advised.

Commissioner Carol Soustek said she's not sure a rezone would help the church, and it may have to sell the rest of the property shortly, but Commissioner Pat Morton said they couldn't speculate on what could happen in the future.

Voting no, then yes

Commissioners then voted not to approve Ordinance 16-17, prompting Rudacille to object.

"Once you file the application and pay the fee, you should be entitled to a public hearing," he said. "I'm shocked that you turned this down without hearing from the church. It violates the church's due process rights. I ask you to reconsider."

Petruff advised them that in order to avoid possible litigation, they could approve a motion to reconsider the vote, approve the first reading and hold to a pubic hearing at their next meeting.

Commissioners did so, and then moved to approve Ordinance 16-18.

HOLMES BEACH – Commissioners reviewed a site plan for Gloria Dei Lutheran Church parking, should its application for a rezone be approved, and gave the nod to allow grass parking.

City Planner Bill Brisson told the board that the Florida Building Code calls for a parking space for every 18 inches of pew. He said this would require the church to have 83 parking spaces, which is what its site plan shows.

He said 63, or 76 percent, of the parking spaces are shown as unimproved grass parking, but the city does not have a provision for grass parking.

"It is fairly common for communities to allow grass parking for intermittent uses," he said. "These uses, such as churches, traditionally require full parking capacity only one or two days a week.

"As a result, a percentage of the required parking for these uses can be in the form of grass parking" and added that if the commission wishes to allow it, the code would have to be amended.

Building Official Jim McGuinness recommended allowing grass parking for intermittent uses and pointed out that it also reduces the impervious surface.

Chair Judy Titsworth asked about stormwater runoff, and McGuinness said the church would have to retain it on their land and have an engineered drainage plan.

Brisson also recommended that the parking spaces be 20 feet long and 10.4 feet wide and said the church has provided a landscape plan. He said he believes the site plan is appropriate and that commissioners should allow grass parking.

Commissioners instructed Petruff to draft an ordinance to do so.

BRADENTON – West Manatee Fire Rescue personal invite the public to attend an open house for Fire Station 1, 407 67th St. W., Bradenton, on Saturday, Oct. 8, from 10 a.m. to 2 p.m.

At 10:15, there will be a dedication ceremony to name the station for Robert "Bob" Kline, the first full-time firefighter hired at Westside Fire and Rescue District in 1962 (Westside and Anna Maria merged in 200 to become West Manatee).

Kline's career spanned 30 years, and he served as a firefighter, lieutenant, captain, assistant chief and fire marshal, in various positions of leadership in the county and as president of Manatee County Fireman's Mutual Aid Association.

The ceremony will begin with the American Legion Honor Guard presentation. Following that will be speakers including WMFR Commission Chair Randy Cooper and others. Kline's wife will then unveil the plaque dedicating the station, and fire personnel will uncouple a fire hose, the fire service's version of a ribbon cutting.

Events for the public

The ceremony will be followed by a host of events and displays for the public including:

• Tours of the station that include a look at the office that will be the hub of activity during a hurricane evacuation; bunk rooms, the dayroom, the kitchen, the weight room and the gear room.

• A display of Marine 7, WMFR's new fire rescue boat, with a Marine Specialty Team member on hand to inform the public about the new apparatus and answer any questions;

• A display of Engine 111, Ladder 129 and Medic 4 with crew members on hand giving tours and answering any questions;

• Southern Manatee Fire Rescue will be on hand utilizing their fire safety house to demonstrate proper home fire safety tips;

• Attendees will have the opportunity to register for free home safety inspections, smoke alarm testing, Vial of Life kits, CPR classes, AED training, fire extinguisher training and more with the Fire Prevention Bureau;

• Members of the Urban Search & Rescue Team will man a both dedicated to discussing the teams duties and training involved;

• Members of WMFR's Rescue Swim Team will be manning a booth showcasing the team's objectives, training and tools utilized during a water rescue effort;

• Young people will have the opportunity to learn new skills and test them out on the bike rodeo obstacle course.

There will be free hot dogs, hamburgers, chips and drinks for all.

ANNA MARIA – Commissioner Dale Woodland presented an idea to board members to boost The Center's revenue with voluntary contributions from patrons of local businesses.

"I'm looking at the existence and solvency of the community center he said. "One of the other reasons is the time the board and staff spend on fundraising when we all know there's a lot of other functions they could be working on.

"You've seen the change in demographics. It's obvious a lot of support in the past has come from residents. That's kind of a dying breed now. That's part of the problem and part of the idea."

He said his idea is simple and involves taking advantage of retail operations and businesses on the Island. It is voluntary, and if businesses elect to participate, a customer may make a contribution of 1 percent of their bill, whether it's a bar bill, restaurant bill, grocery bill, etc.

He said his idea is "fluid" and they could tailor it to suit their needs. He pointed out that Publix cashiers ask customers to contribute to various causes.

"We can flesh out the idea and define it and decide whether to move forward," Chair Bill Shuman said.

Financial report

Treasurer Jim Froeschle reported that August "was another slow month, the unfortunate reality is with the seasonality of the revenue. July and August are building the programs and getting people in, but money flow comes later.

"We had a net loss of $35,000 for the month, which turns the two-month year to date figure into a negative $16,500. The $44,000 from the Giving Challenge won't come in until November."

He said that participation levels are up and sign ups are doing well and added, "It's not an issue of lack of interest; the issue is seasonality. With a $1.2 million business that is hugely seasonal, you'd better have a couple hundred thousand dollars in cash reserves.

"That's not to cover losses; it's to cover timing. Once we build those up into a healthy amount, we have a chance to manage the programs, not manage our bank account."

Froeschle also pointed out that the rental program – offering fitness memberships to participating rental agencies for use by their renters – was built into the 2016-17 budget plan for $75,000, but he said it is "drifting because everyone wants to do it a different way."

He suggested that one board member oversee the program and find a solution. He suggested Sam Pakbaz.

Pakbaz accepted and said, "I would like to broaden he mandate and think about what Dale said" and added that he would like to include restaurants, corporate memberships and the like.