The Anna Maria Island Sun Newspaper


Vol. 17 No. 5 - November 16, 2016

headlines

It was a SandBlast at the beach

Carol Whitmore

keep manatee beautiful | submitted

This was a product of Team Sandtastic, a group of
professionals. It is called "Wildlife & the Arts."

Sunny skies and cooler temperatures made for a big crowd at the 2016 SandBlast sand sculpture competition at Manatee Public Beach Saturday. Oasis Middle School, sponsored by Mosaic, won the Elementary-Middle School Division with a sculpture called "Pretty Wildlife."

Team YMCA, sponsored by AD-VANCE Talent Solutions, was the runner-up with "Shark Attack."

The Anna Maria Elementary School and city of Holmes Beach team, sponsored by Waste Pro, won a medallion for their free form sculpture called "Beautiful AMI."

In the High School-Adult Division, Manatee School for the Arts Team 1, sponsored by Waste Connections, took first place in the Free Form Category with "Unity." Inspiration Academy, sponsored by Dignity Memorial, took runner-up with "Inspiration, Dignity & Freedom."

Bradenton Christian High School Art Department, sponsored by Linger Longer, took first place in the Wildlife Category with "Bee With Us Forever."

The runner-up sculpture was "Toothless," by Manatee Technical College, sponsored by Innovate Florida.

It was a party for Hal
Carol Whitmore

TOM VAUGHT | SUN

Clockwise from Hal Keiser, center, with her
great granddaughter, Danielle Vulgan; her daughter,
Beryl Love; her granddaughter, Rosanne Tennyson;
and her great-great granddaughter, Emery Vulgan.

 

ANNA MARIA – Roser Memorial Community Church hosted a birthday open house for a special lady last Sunday. Family and friends snacked and greeted 105-year-old Harriett "Hal" Keiser in the Roser Fellowship Hall Sunday morning, after the 10 a.m. service. For the past few years, Hal's family has been coming to Anna Maria Island to celebrate her birthday. The invitation said "Cards only please. Pssst: She loves scratch off lottery tickets"

Hal munched on celery and other veggies in a seat that could have been a throne, with three balloons suspended above her spelling out "105." As she ate, friends and relatives came up to congratulate her and take selfies with her. She took it all in stride.

Born in Revere, Mass., on Nov. 15, 1911, Hal and her husband moved to Anna Maria Island in 1976. They lived aboard their boat at Galati Marina until they moved into a house. She now resides in Holmes Beach.

To celebrate her 105th on Nov. 15, her family held a party for her at Ocean Star, near where she lived on that boat. Asked about her secret to a long life, her answer was simple.

"My fun family."

Crabbers, anglers work to avoid trap of conflict

Anna Maria Island Sun News Story

submitted

this illustration details the components of a
commercial stone crab trap.

 

ANNA MARIA ISLAND – The 2016-17 stone crab season opened on Oct. 15, and the first reports of crab trap molestation have begun to trickle in.

Local and state officials have responded by ramping up the efforts to promote awareness in an attempt to help prevent conflicts between recreational shark anglers and commercial stone crabbers.

Two commercial crab traps were pulled ashore recently in Holmes Beach and one of the traps was taken. This prompted Fishing for Freedom Manatee County Chapter President

Mark Coarsey to contact the Florida Fish and Wildlife Conservation Commission (FWC) and request reminder signs that address these concerns.

"Warning. Did you know that it is a felony to tamper with traps that do not belong to you? Tampering with traps (or their contents) line or buoys without written permission could result in revocation of your fishing privileges, a fine of up to $5,000 and a third degree felony conviction. To report illegal activity, call 1-888-404-FWCC. You may remain anonymous," the signs say.

Coarsey said it would be up to the individual cities to determine where the signs are placed.

"We are here to support the crabbers because this is their livelihood," he said of his efforts.

"The signs will be placed where there are concerns that fishermen may have tampered with crab traps," Holmes Beach Police Chief Bill Tokajer said. Anna Maria Mayor Dan Murphy said he was aware of the signs but their placement locations have not yet been determined.

Holmes Beach does not have an ordinance that specifically prohibits shark fishing, but the activity is essentially banned by other city ordinances that protect the public safety and welfare of residents and visitors, and the economic impact of neighboring properties, including resorts.

The cities of Anna Maria and Bradenton Beach do not have ordinances that directly or indirectly address shark fishing. In Manatee County, fishing of any kind is prohibited in park areas where swimming is permitted.

Past conflicts

Shark anglers and crabbers have come into conflict in recent years due to anglers using kayaks to drop baited hooks 100 yards or more from shore, where submerged commercial stone crab traps are often located during season.

When a shark is hooked, reeling it ashore can result in entanglement with trap lines, cut trap lines or traps being inadvertently pulled ashore. Some egregious offenders have simply cut the trap lines in advance in order to clear an area for fishing.

Stone crab season runs from mid-October to mid-May. In the midst of the 2015-16 season, tension between crabbers and anglers reached a point where Anna Maria City Commissioner Doug Copeland felt compelled to invite FWC officials to conduct two informal public discussions with crabbers and anglers.

Those discussions emphasized the need for mutual respect and FWC's Lt. Grant Burton reminded everyone that the intentional molestation of a crab trap, buoy or trap line is a felony, and stealing the contents of crab trap is a second degree misdemeanor.

Murphy originally suggested a ban on kayaks being launched from shore after dark during stone crab season, but the public meetings produced a group consensus that favored greater cooperation instead of local legislation.

Lt. Louis Hinds recently succeeded Burton as FWC's top enforcement officer for its southwest region.

"The shark fishermen have a right to shark-fish as long as they do it legally," he said last week.

"If a shark fisherman hooks a crab trap accidentally, leaves it on the beach and immediately calls FWC we would not charge that person, but if you take the stone crabs you're going to jail," he said.

Each trap has a tag that helps identify the trap owner. If a trap pulled ashore contains crabs, it should be left along the shoreline in enough water for the crabs to survive.

In addition to the statewide FWC hotline number, Hinds said FWC's Southwest Regional Office has a direct dispatch line that can be reached at 813-558-5050. The FWC contact numbers will also be posted at the city of Anna Maria's website.

County support sought for ALS engines

BRADENTON – West Manatee Fire Rescue Chief Tom Sousa told board members last week that Chair Randy Cooper sent a letter to the Manatee County Commission Chair Vanessa Baugh regarding the district's proposal to put firefighters trained in advanced life support (ALS) on fire engines.

According to the letter, "The current emergency response model utilized by Manatee County relies exclusively on an EMS transport unit to deliver initial advance care to the patient.

"The county fire districts recognize that enhancements can be made to the current EMS unit deployment model and offer to add to system capacity in the form of non-transport ALS units."

It continues to point out that by upgrading firefighters to paramedics and staffing fire engines with them, they are able to provide both non-transport ALS services and firefighting capabilities. But in order to do this, fire districts must obtain a license from the state and a COCPN (certificate of pubic convenience and necessity) from the county.

Currently, Manatee County does not contain provisions to grant a non-transport COPCN, and West Manatee Fire commissioners request that the county commission amend language in the ordinance to allow it.

One requirement for the county to grant a COPCN is to consider recommendations from municipalities in the district. Resolutions of support from the four island municipalities accompanied the letter.

Commission sets stipulations for AMI Plaza

PAT COPELAND | SUN

The AMI Plaza includes Lobstah's and sits on the corner
of Holmes Boulevard and Gulf Drive.

HOLMES BEACH – After reviewing the city's first site plan for mixed use, in which residential is permitted over commercial, commissioners set 10 stipulations for the AMI Plaza at 5304 Holmes Blvd.

City Planner Bill Brisson said property owner Mike Hynds plans to put three 493-square-foot residential units above the plaza. He said there are three issues that have been addressed – the legality of existing non-conforming parking, type of occupancy and parking in the right of way.

He said a 2013 letter from then police Lt. Dale Stephenson validates the existing parking and the use would be residential as opposed to resort housing with units occupied for 30 days or more. Hynds has agreed to lease the portion of parking spaces in the city's right of way.

Commissioner Jean Peelen asked if leasing the parking would set a precedent that other short-term rentals might request, and City Attorney Patricia Petruff said it is already being done at the Waterline Marina where a portion of the seawall is being leased.

Commissioner Marvin Grossman questioned the number of indoor seats in the restaurant and asked that the code enforcement officer count them.

"They're coming on for a major redevelopment and asking parking to be considered, and that's an issue we need to look at," Grossman said.

However, Brisson replied, "The parking situation has been resolved, and the existing parking is legally non-conforming," and added that he has no knowledge of an expansion of the restaurant.

Brisson said the fire separation, secondary means of egress and structural capacity of the building would be addressed when the building permit is issued. However, he said there is a problem with the setback, and one proposed unit must be moved back 4.5 feet or the issue must got to a special master for resolution.

He also pointed to a requirement for the dedication of recreation/open space for each person expected to reside in the residential unit. This would be 457 square feet of land for the three units or a contribution equal to the fair market value of the land.

Chair Judy Titsworth asked if they could require Hynds to install a drainage infiltration system over the parking spaces on Holmes Boulevard.

Building Official Jim McGuinness replied, "This is a redistribution of legally non-conforming existing parking. I'm not sure the infiltration trench idea would be triggered by this, but it may be a stipulation you want to place on it."

Commissioner Pat Morton asked about ADA compliance, and Brisson said it is residential and is exempt.

Titsworth pointed out that in the original approval, the old parking standard was used for the restaurant, but the new standard is being requested for the commercial uses, both of which are more lenient. She said she is concerned if they accept the more lenient standard for both, parking might be short.

Petruff said there are opportunities for shared parking, and they also should review the history because "they shouldn't be picking from the most lenient code of 2007 and the most lenient code of 2016 to make it work."

Peelen said if the city approved the parking spaces in the 2013 letter, then all they need is three more spaces for the new units,

However, Petruff pointed out, "We have that letter, but it may be prudent go back and look at what our site plan said. If someone came to me and waved that letter in my face and said, 'Do I have to comply with it?' I would be hard pressed to have someone stand up in court and say a letter from a police lieutenant saying everything is good on a zoning issue is difficult."

Applicant questioned

Hynds told the board that he spent a lot of money on the plaza and has worked with the building and planning department for a year and a half.

"There's no reason it shouldn't go forward," he said.

Grossman showed photos of Hynds' parking lot across Gulf Drive and complained about its condition and lack of landscaping and the look of the proposed units.

"This is the heart of our downtown," he said. "I don't think any downtown would be happy with a parking lot that paved over everything and not have any grass, trees or plants screening.

"The other thing is I'd like to see what these units will look like. They appear to be three long things put on top of the roof. When we envisioned mixed use, I thought of New Orleans and adding to the beauty of our community. I don't think this is it."

Commissioner Carol Soustek added, "It looks like three Quonset huts sitting on a concrete slab."

"Why would you think we would put three long things on top of our building? Hynds asked. "Don't you think we have pride in our building?"

McGuinness said the city is concerned about the structural aspects, and the drawing is not an architectural rendering. Hynds added that the drawing was done for engineering purposes.

"Whatever we put on there has to blend in with the rest of the building," Hynds said. "I agree. It can't look like there's a pimple stuck on top of it."

Titsworth asked if they could require Hynds to bring the parking lot up to code. Petruff said it depends on what's on the existing site plan.

Hynds said it was just a sketch without any landscaping shown and added, "Fixing it up and bringing it up to code are two very different things."

Petruff suggested that he and McGuinness work on a plan that would "soften the look and enhance the feel of the parking lot without losing any parking."

Stipulations

Petruff said she would draft a resolution with the following stipulations

• The rentals would be for 30 days or more;

• There would be a lease for the right of way parking;

• The parking spaces for the residential use would be marked by signs reserving them;

• Hynds would apply for a business tax receipt for the rentals;

• The off site parking would be tied to the plaza so it couldn't be sold off;

• The units must meet setback requirements or be approved for a variance;

• The recreation/open space requirement would be met;

• There would be fire separation and secondary access to the units;

• There would be a landscape plan for the parking lot;

• There would be an architectural rendering of the units.

Titsworth added that the three new parking spaces would include a drainage infiltration system, and Peelen said she wants a cost estimate for the drainage.

Titsworth also suggested the recreation/open space funds be used at Grassy Point.

Commission favors marijuana moratorium

joe hendricks | SUN

Police Chief Sam Speciale provides the City Commission
with his perspective on marijuana dispensaries.

BRADENTON BEACH – Now that Florida voters have approved medicinal marijuana, county and city officials are trying to figure out how to regulate dispensaries and grow houses.

After much discussion at the Bradenton Beach City Commission meeting on Thursday, Nov. 17, the commission unanimously agreed to follow the county commission's lead in initiating a six-month moratorium that will provide the time needed to address a new business activity never allowed in Florida before.

City Attorney Ricinda Perry said the commission had three options: Adopt a moratorium that allows time to develop new regulations, enact an outright prohibition on grow houses and dispensaries similar to what was done in the city of Anna Maria or do nothing at all.

"Seventy percent of the people voted to pass this. I'd have to think about what would be the best steps to take," Commissioner Ralph Cole said.

In regard to the county moratorium, Commissioner Ed Straight said, "Is the county going to try to say it's going to be illegal in Manatee County?"

In regard to medicinal marijuana dispensaries, Perry said, "No. I believe the county anticipates adopting some regulations. They need to articulate codes like it can't be within x-number of feet of a school.

"My understanding is the county's going in the direction of approving them, but they want to adopt regulations. The moratorium freezes it until you have some type of regulating game plan."

Mayor Bill Shearon likened dispensary locations to adult entertainment establishments.

"I think it goes into the same classification. If we don't put this moratorium in, someone can do a dispensary anywhere in the city. This is not to ban marijuana, it's just where they're going to sell it. It also involves the growing of marijuana," he said.

"I'm pretty sure the state regulates who grows it and cultivates it," Commissioner Jake Spooner said.

"If you're going to dispense it, it would have to be in a commercial district," City Planner Alan Garrett said.

Providing public input less than a week before being sworn into office as a city commissioner, soon-to-be former County Commissioner John Chappie said the county was enacting a moratorium because county officials do not yet know what regulations will be passed at the state level first.

Commissioner Jan Vosburgh said she didn't understand why pharmacies would not be the ones to dispense medical marijuana.

"It's tough. Nobody wants it in their back yard, but 80 percent of the people of Bradenton Beach want it," Spooner said. "If everybody bans it, then the people that need it are going to have to drive five counties over to get it?"

Spooner noted that Bradenton Beach had the highest voter support of any of the county's 70 voting precincts, all of which supported the statewide medicinal marijuana amendment. Countywide, voters supported the amendment by a 69 to 31 percent margin.

Sixty-eight percent of Anna Maria voters and 73 percent of Holmes Beach voters supported the amendment.

Holmes Beach Commissioners are now considering a ban on grow houses and dispensaries, but might allow people to grow small amounts of marijuana for personal use.

When Spooner asked if municipalities could tax dispensaries, Perry said she did not know.

Straight questioned whether city ordinances would apply to the boats moored near the Historic Bridge Street Pier.

"I see a problem there," he said

"Boat grow house," Perry said, noting that city's policing powers in the anchorage are limited.

Before the commission directed Perry to draft a moratorium ordinance for review at the Dec. 1 meeting, Police Chief Sam Speciale provided his insight.

"There's a lot of counties and cities that are decriminalizing possession for small amounts and personal use. If we're considering doing these dispensaries, we need to get the rules and regulations in place. We have no enforcement abilities with any of this yet, so I would recommend you do this moratorium. Let's do this the right way," he said.

Outdoor coolers denied due to code issue

PAT COPELAND | SUN

HOLMES BEACH – Two businesses presenting site plans for outdoor coolers were denied due to the discovery of a code that says all coolers must be enclosed and under roof.

The coolers were proposed for the Ugly Grouper at 5704 Marina Drive across from city hall and Dunkin' Donuts at 3302 East Bay Drive in the Anna Maria Island Centre.

Regarding the Ugly Grouper, Building Official Jim McGuinness said it would replace an existing exterior mobile kitchen and would store food for preparation in an interior commercial kitchen for on site consumption.

He said improvements made by owners Mike Ross and Scott Rolen include renovating the interior of the building, constructing a commercial kitchen, upgrading the electric, renovating mechanical systems and reconstructing rest rooms.

"This s a serious restaurant," he said. "This is not a roach coach. It's the real deal. A commercial kitchen of that size and caliber needs a place to store food. It needs a place to refrigerate and freeze the food. There's a significant change coming down the road."

He said this is an example of a small accessory structure to a principal structure that should qualify for administrative review by the building official rather than a full site plan before the commission.

Code issue

"I don't agree," Chair Judy Titsworth said. "I want the staff report to be just the facts."

She then read a portion of the code that states that all areas for storage and preparation of food for consumption by patrons of the restaurant shall be contained within permanent walls and under the permanent roof of the restaurant.

She said it could be presented as a special exception. However, City Planner Bill Brisson said there is no special exception available, and it doesn't qualify for a variance because there is no hardship.

McGuinness said, "The city commission has broad approval capabilities within a site plan review. The owner really wants to do the right thing."

"He's spent millions on this property and purchased all the properties around him. I encourage the commission to be forward thinking and encourage quality commercial revitalization."

The whole picture

Commissioner Marvin Grossman said the commission should look at the entire picture instead of approving it bit by bit and complained about the condition of the property.

"It has to be one of the ugliest," he stressed. " I would be embarrassed. We need to be concerned about the way our city looks.'

He showed photos of the site and said, "Any building site needs to be kept clean and neat. How can you let something like this go on?"

McGuinness said it is a construction site and said, "All the photos you have shown so far have nothing to do with the permits that are currently on the building."

Grossman countered, "People go there every day."

Bob Dwyer, representing the property owners, agreed with Grossman and said, "What they bought was a mess. The property has been improved dramatically. We have complied with everything that was asked of us. We are looking to change the atmosphere and have beautiful plans."

He said the cooler would be attached to the building, and they would comply with whatever the city requires and also clean up the site.

Modify the application

Titsworth asked if they could modify the application to show the cooler enclosed and bring it back to a public hearing,

City Attorney Patricia Petruff said it is a policy decision of the commission, but the key issue is the public hearing notice. She said there must be due public notice with a sign, newspaper ads and mailings to nearby property owners.

She said if that were done in time for the Dec 13 city commission meeting it would be heard. If not it would be heard at the first meeting in January.

Dwyer then asked if the cooler could be stored on site until the approval. McGuinness said he would not allow without a building permit and all it requires, and he would require a notarized agreement that if it is not approved they would have to remove it.

"We're all assuming this thing could be dropped in and built around," Mayor Bob Johnson said. "I think that's a big assumption. I'd be carful about how fast this thing is moving and make sure the decision we're making is based on all the facts. What I so important about dropping this thing on site?"

Petruff suggested it be taken to a storage facility and stressed to commissioners, "I do have concerns. You didn't create this situation. I understand you want to help and encourage local businesses, but this is how city commissions get in trouble.

"You try to bend over backwards to help a situation that you did not create and by doing that we don't know what other issues we might encounter."

Titsworth told Dwyer, "Keep it in La La land until we get this done."

Dunkin' Donuts

The commission had the same issue with a cooler proposed for Dunkin' Donuts outside the structure with a door into the cooler from the store.

Todd Mathes, representing Benderson Development, said, "If we need to build walls around it that's no problem."

Titsworth advised him to modify the application and fulfill the public notice requirements and if that were done in time for the Dec. 13 city commission meeting it would be heard. If not it would be heard at the first meeting in January.

Crowd honors veterans

TOM VAUGHT | SUN

Anna Maria Elementary School students sang for the audience.

 

ANNA MARIA – More than 100 people attended the fifth annual Community BBQ Honoring Veterans at CrossPointe Fellowship. There was entertainment from the Manatee High School Drum Line, the Manatee Swing Band playing music from World War II and Erika Miller who sand the national anthem and "God Bless America."

Guy Gruters, an Air Force fighter pilot who earned 30 combat medals for his bravery in Vietnam including two Silver Stars, two Distinguished Flying Crosses and a Bronze Star, spoke about being shot down twice and captured once, resulting in his incarceration in prisoner of war camps in North Vietnam.

Gruters discussed how the prison guards tortured their captives and he read a compelling letter from his wife while he was a POW expressing her frustration of not knowing if he was dead or alive.

There were people from the Manatee Veteran's Council and other groups to help veterans and the BBQ lunch consisted of pulled pork, chicken drumsticks and hot dogs with beans and salad.

There was a bounce house and an inflatable slide for the kids and a game of military "Jeopardy" with teams from the audience as the contestants.

Pastor Ed Moss stressed using this event to bring the community together in honoring veterans and said, "It would be great if every veteran here could be thanked 100 times."


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