The Anna Maria Island Sun Newspaper


Vol. 17 No. 9 - December 14, 2016

headlines

Officials seek to use tourism tax for police

HOLMES BEACH – Manatee County tourism officials took the first step on Monday to change state law to expand tourist development tax usage to pay for additional law enforcement officers.

The Manatee County Tourist Development Council (TDC) voted to recommend that the Manatee County Commission place the request on its list of 2017 legislative priorities.

The tourist tax is collected from owners of accommodations rented for six months or less who charge the tax to their renters, primarily tourists. The majority of the county’s 5 percent resort tax proceeds are allocated to tourism marketing efforts; one of the five “pennies” is allocated to beach renourishment and maintenance.

The state statute that allows counties to levy a tourist tax, F.S. 125.0104, prohibits any uses of the tax not specifically listed in the statute, Assistant Manatee County Attorney Bill Clague told the TDC.

Law enforcement is not among the permitted uses, which include tourism promotion and building and maintaining convention centers, sports stadiums, auditoriums, aquariums, museums, tourist information centers, beach park facilities, beach renourishment projects, erosion control projects, zoos, fishing piers, nature centers and spring training facilities.

The tax could potentially be used for law enforcement under the tourism promotion use if law enforcement was needed at an event promoted to tourists, but that use would not fund new law enforcement positions, he said.

A 2016 amendment to the law allows the coastal Panhandle counties of Okaloosa, Walton and Bay to use up to 10 percent of the tax proceeds for public safety and law enforcement necessary to “address impacts related to increased tourism and visitors to an area.”

To be eligible, a county must generate a minimum $10 million in annual tourist tax revenues (Manatee County tourist tax collections exceeded $11.6 million in fiscal year 2015-16), have at least three municipalities (the county has five) and have a population of less than 225,000.

Manatee County fails to meet the population requirement; the county had a population of 322,833 in 2010, according to the U.S. Census Bureau.

The TDC voted to recommend that the Manatee County Commission’s list of legislative priorities for 2017 include increasing the population requirement of the law to 400,000, which would make the county eligible to use the tourist tax for law enforcement.

The commission was scheduled to consider and possibly decide upon its legislative priorities on Tuesday, Dec. 13, after press time.

Island mayors look to county for help
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BRADENTON – A plea by the four island mayors regarding help dealing with tourism impacts on the barrier islands met with a healthy discussion by Manatee County Commissioners, but very little of substance.

County commissioners made suggestions to the mayors ranging from increasing their ad valorem and business taxes to seeking funding for specific projects from the county, but the mayors’ hope for a more equitable distribution of the county’s half-cent sales tax appeared to fade.

Longboat Key Town Manager Dave Bullock, who made the presentation to the board on behalf of the mayors, first explained that Longboat Key Mayor Jack Duncan had resigned for health reasons and introduced the new mayor, Terry Gans, the former vice mayor.

Population problem

Bullock explained that the presentation included the three Anna Maria cities, but only the Manatee County portion of Longboat Key.

“We spoke in June, and you asked us to come back and put a little more meat on the bones,” Bullock said. “ “We tried to figure out our population at different times of the year and under different circumstances.”

He said the seasonal population of the islands is more than three times the permanent population, which also has tripled the demand on police, fire, roads, drainage, parks and EMS (LBK only). In addition, trolley ridership has increased 100,000 in four years.

“If you were maintaining an infrastructure for the same kind of population (in the county), you would be maintaining an infrastructure for 1.1 million people,” he pointed out. “It’s huge impact on the number of people on the islands every day.

He said the county’s population continues to grow due to planned new developments. However, the islands population is not growing, and as it becomes a smaller proportion of the county population, it results in a diminishing share of revenue from the infrastructure sales tax and similar revenue sources.

Islands’ contributions/needs

He noted that the islands’ population is 2.7 percent of that of the county, but residents of the islands pay 14 to 25 percent of the ad valorem taxes and added, “That’s not unusual. Ad valorem taxes are based on the philosophy that the wealth of the community helps pay for all the community expenses.”

Regarding tourist tax revenue, 58 percent is collected from the barrier islands and 41 percent from the rest of the county. He said the islands have received tourist tax funds for beach patrol, parks, dock repairs and beaches, some at 50 percent matching.

“We acknowledge that and do not want to make it sound like there was no good working relationship,” he stressed. “There is a history of working together to accomplish shared objectives.”

He then presented a chart that showed the islands’ infrastructure needs such as streets improvements, public safety, public buildings, beaches and waterways, parks and community facilities over the next 15 years at a total of $131 million.

Another chart showed the islands’ funding sources from taxes, assessments and grants for a total of $69 million for a deficit of $61 million. Adding operating expenses pushes that total up to $143 million and the deficit up to $73 million.

“We spent of lot of time discussing what we think is a fair request to make on an annual basis to the county,” he concluded. “Based primarily on the short term visitors, whether it be day trippers or short term rentals, about a third of that gap we believe there is a legitimate basis to ask for help.”

He said one third of the capital improvements cost is $1.3 million annually, and one third for capital improvements and operating is $1.6 million annually.

Commissioners’ comments

Commissioner Carol Whitmore asked if they had tapped into the beach concession funds, and the mayors said they did to pay for the ULI study. She said the county plans to contribute $1 million to the Anna Maria City Pier project and paid for the groins at Coquina Beach.

She also noted that they did not show the beach renourishment funds, and Bullock said they only included the cities’ budgets in the presentation.

“We recognize the county puts millions of dollars into the Anna Maria beaches, but it is not a city infrastructure,” he explained. “They are operated, controlled and maintained by the county.”

“I totally get it, but last year, we dipped into our reserves to meet budget,” Whitmore said. “Just like you, we are strapped for money, but we understand where the visitors are going. I hope we can work together and figure out something.”

Commissioner Charles Smith pointed out, “The misconception is that everyone in Manatee County benefits from tourism. A lot of people don’t benefit at all, can’t get work, and can’t get home.

“The question is where the tourist dollars are being spent. If we are going to disburse money to these groups that bring tourists here, we can look at the issue of the islands. I’m open to specific projects to help offset some expenses, but I have constituents who have never had a road paved.”

He said he could support a $1 million allocation.

Offering suggestions

Chair Vanessa Baugh said the cities could help the county try to change at the state level how the bed tax is used. Bullock said the bed tax issue is already on the legislative agendas of the island cities.

“Any way we can help, we will try, but we also have 363,000 people in this county we are responsible to as well,” Baugh pointed out, adding that the county has spent $79 million over 15 years on beach renourishment.

Assistant County Attorney Bill Clague said the county could reimburse the cities for projects, but could not supplement their budgets.

Bullock said they are not asking for that, but “we’re trying to express to you a need and see if there’s a way that we could work together to develop an appropriate agreement.”

Commissioner Betsy Benac said she could support working together on projects, and Baugh said a business tax could be “a nice revenue source.”

Commissioner Robin di Sabatino pointed out that the island cities millage rates are the lowest in the county and said, “You’re a product of your success. We spend a lot of money to bring the tourists there, but it’s a necessary evil because it pays all the bills for the rest of the year.

“A lot of people in our districts don’t even go to the beaches, can’t even get to the beaches. It overburdens those of us who live here, so we don’t even try to get to the beach during the tourist season.”

Back to the point

Gans stressed, “I’d like to get’s get back to the opening concept of this discussion. Where we started was demonstrating 2.7 percent of the population of the county is contributing 14 to 15 percent of the ad valorem revenue.

“Coupled with that was the desire for an appreciation that formulas that are based on distributing revenue by population are inherently going to lead to the kind deficits that are illustrated on the capital projects.

“This is not just, ‘Here you good people, have some money.’ It helps the overall county budget and revenues the best that our islands sustain our property values. There’s a mutuality here of how do we continue to work for each other’s benefit going forward.

“If you keep inviting people and investing to get them here and when they get here, they have a bad time because they can’t move on the roads, that’s going to be a diminishing return.”

Holmes Beach Mayor Bob Johnson added, “We didn’t come here to say give us some money. The idea is here’s the need, and we need to find some way to deal with the gap that exists.”

Whitmore said, “We appreciate the information you’ve given us, but I’m not going to make any commitments today.”

“We hope that you’re not feeling that we’ve let you down,” Baugh added. “ It does give us information, and perhaps we can figure out some way to help.”

There was one public comment from resident Katherine Edwards, who asked if the beach renourishment and maintenance costs were fixed for the 15-year period, if the county could disburse funds to the cities from the half cent sales tax without any allocation information from the cities, if the Island cities had considered consolidation to save money and if Manatee County would consider letting the north portion of Longboat Key become part of Sarasota County.

Parade rolls on minus Maddox

Anna Maria Island Sun News Story

joe hendricks | SUN

Former Privateer Rick Maddox appeals to the
Anna Maria Commission to be allowed in this
year’s Christmas parade.

 

ANNA MARIA – After being excluded from the AMI Privateers’ Christmas parade again this year, former Privateer Rick Maddox is left with two choices in regard to future participation – let bygones be bygones or take the Privateers to court again.

On Thursday, Dec. 8, Maddox unsuccessful appealed to the City Commission in hopes of being allowed to enter the original holiday float the Privateers used for decades before the court awarded it to him following a two-year legal battle that ended in 2014.

Maddox sought a modification to the city-issued special event permit that allowed Saturday’s parade to start in Anna Maria before passing through Holmes Beach and Bradenton Beach.

Sporting a handlebar mustache and wearing a maroon blazer, Maddox addressed what he called “an egregious fault with the permitting process.”

He claimed the Privateers were violating state laws that pertain to discrimination.

Maddox was accompanied by his wife, Annette, and his 12-year-old son, Tres, both of whom also addressed the commission. Annette Maddox said she grew up in Germany, and it made her nervous to see certain groups being excluded from a public event. She asked if this would extend to other members of her family, or to other ethnic, religious or sexually-oriented groups.

Mayor Dan Murphy said the Privateers rejected Maddox’s request because he’s no longer a member of the organization and does not carry the message the organization wishes to portray. He told the commission the permit they approved included a parade application form that stated all entries must be approved by the Privateers, without exception.

City Attorney Becky Vose cited a 1995 Supreme Court ruling that protected a gay, lesbian and bisexual group’s position regarding free speech and inclusion in public events.

“The court found that private citizens organizing a public demonstration such as a parade may not be compelled to include groups who impart a message the organizers don’t want to be presented,” Vose said.

“The city cannot be put in a position where we’re being leveraged to intervene with a private organization as to who they want or don’t want in their parade. You are left with only two alternatives – you can deny the appeal, or you can cancel the parade, and I ask you to deny the appeal,” Murphy told the commission, while stressing the importance of the community event.

Privateers’ President John Swager said he considered allowing Maddox and his float in the 2015 parade until Maddox sent him a message that contained vulgarities and derogative comments about the Privateers and their new holiday float.

“It isn’t discrimination; it’s their demeanor,” Swager said when expressing his opinion that the Maddox family does not display the Christmas spirt the Privateers wish to promote.

“I’m assuming that the primary reason Mr. Maddox is excluded is the lawsuit?” Commissioner Nancy Yetter said.

“No. When we show up at events they seek us out and make vulgar suggestions towards us. We’re just trying to avoid confrontation,” Swager said.

“The true spirt of Christmas is to forgive and try to work out problems. I wish you both could do that,” Yetter said

Commissioner Brian Seymour asked if anyone else had ever been excluded from the parade. Swager said some people, including Privateers, had been dismissed for bringing alcohol to the parade.

“It’s disheartening that this is supposed to be about the kids and the holiday spirit,” Seymour said in regard to the two sides not making any recent efforts to resolve their differences.

“I really wish you guys can get this stuff behind you. We can’t make that happen, but that’s what I would love to see,” Commissioner Dale Woodland said, before making the motion to deny Maddox’s appeal, which the commission unanimously supported.

In response, Maddox said, “If you’re only given two choices, you made the correct one because it’s the community’s parade, and no one wanted it cancelled.”

He then said in a much quieter voice, “Maybe we’ll go to court to grind that axe.”

Crab trap signs in place

 

joe hendricks | SUN

Signs like this one have been erected in
hopes of preventing the harassment of commercial
stone crab traps.

ANNA MARIA ISLAND – Four reminder signs about the penalties for tampering with stone crab traps have been placed at street ends in Anna Maria, and four more were to be placed at fishing spots in Holmes Beach.

Mark Coarsey, president of the Manatee County chapter of the Fishing For Freedom organization, requested the signs from the Florida Fish and Wildlife Conservation Commission (FWC) after a pair of commercial stone crab traps were pulled ashore in Holmes Beach in November. One of the traps was then illegally removed from the scene.

According to Anna Maria Mayor Dan Murphy, the signs are now in place at Bean Point and at the ends at Magnolia, Spring and Oak avenues.

The signs say, “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), lines or buoys without written permission could result in the 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.”

Recent stone crab seasons have been marked by an increasing number of territorial conflicts that arose between commercial crabbers and recreational shark anglers who both fish the shallow, off-shore waters of the Gulf of Mexico.

Red tide slows start of mullet season

joe hendricks | SUN

City Attorney Ricinda Perry holds a draft version of a previously
discussed marijuana moratorium ordinance that will now
be discarded in favor of an ordinance that will prohibit dispensaries.

CORTEZ – Commercial fishermen are having little luck finding mullet so far this season, and red tide is to blame, they’re saying at the two fish houses in Cortez.

The Florida Fish and Wildlife Conservation Commission reported Friday that red tide was found in medium concentrations at the Rod & Reel Pier in Anna Maria and at Longboat Pass and in low concentrations at the Palma Sola Bay bridge.

Winds have blown the persistent red tide onshore on Anna Maria Island several times over the past few weeks, causing some people respiratory problems, and dead fish have collected in the canals on the bay side of the Island.

“The guys are kinds of freaked out,” said Karen Bell, of A.P. Bell Fish Co., recounting reports of mullet being caught dying or dead.

As the height of mullet season approaches, the time fishermen depend on for their biggest catches of the year, they hope a forecasted cold snap will kill the red tide and spare the fish, she said, adding that some say the red tide is being exacerbated by sewage spills in Sarasota and St. Petersburg.

Mullet are plentiful in Jacksonville right now, but not here, said Kim McVey, of Cortez Bait and Seafood.

Fishermen already are hearing accusations that they are killing the fish for their roe and discarding the carcasses in the water, but red tide is the culprit, she said.

Red tide effects such as dead fish are subject to currents and wind direction, so while there may be a high concentration of red tide in the water, offshore winds may prevent effects from being felt on the beach, according to Mote Marine Laboratory, which is studying red tide. Likewise, low concentrations of red tide may be in the water, but onshore winds and currents may bring dead fish to shore along with aerosolized toxin resulting in respiratory irritation.

Murphy not relying on county revenue

joe hendricks | SUN

Mayor Dan Murphy, right, discusses special assessment fees
and has the attention of commissioners Nancy Yetter and Dale Woodland

ANNA MARIA – After he and the other barrier island mayors met with county officials earlier in the week to discuss county funding for city infrastructure needs, Anna Maria Mayor Dan Murphy told his city commission that a special assessment fee levied on vacation rentals was a more likely funding solution.

“I would say we were right back to where we were in June, when we first met with them and explained the problem,” he said at last week’s commission meeting.

Murphy said the tax revenue sharing methodologies used by the county remain based on population figures and that will continue to leave the Island cities on the short-end when it comes to revenue distribution.

“I don’t think there’s any fruit to be had there,” he said. “They’re willing to help us on a project-by-project basis, but in terms of the impact of tourism on the city of Anna Maria that’s something we’re going to have to solve ourselves.”

The infrastructure systems impacted by large numbers of tourists include roads, drainage, parks and recreation, beach facilities and more.

Murphy said the average residential household averages 1.9 people and the average vacation rental household averages 6.8 people, which in turn places a greater strain on the city’s infrastructure.

He then mentioned the special assessment fees he previously told the commission he was working on in hopes of receiving future authorization to implement a fee system based on vacation rental occupancy.

Properties that receive occupancy exceptions via Bert Harris claims or exceed the city’s eight-person occupancy limit during the remaining four years of the initial grandfathering period would pay more than the owner of a vacation rental occupied by fewer guests.

“If you’re allowed to have 18 people in your home, that’s your impact. You’re going to pay an assessment fee based upon 18 people. If you only have four, it’s going to be lower, or maybe not at all,” Murphy said.

He told the commission he has engaged the Burton & Associates firm that specializes in impact fee studies to do a preliminary study for the city of Anna Maria. He hopes to present those findings to the commission in January.

Murphy said the other Island mayors have expressed interest in this concept and may be willing to share the costs of the preliminary study that could be duplicated in Holmes Beach and Bradenton Beach.

“We’re on the bleeding edge of this, but I don’t mind if we’re doing something good because the current system is just not equitable,” Murphy said of the initial costs.

After the meeting, he estimated that Burton & Associates study would cost approximately $30,000.

Cat house ‘red tagged’

TOM VAUGHT | SUN

This home made of scrap lumber got a joke red tag
because of the city of Bradenton Beach’s moratorium
on new construction,

BRADENTON BEACH – A gray cat is in the process of adopting the crew at the Public Works Department, so they got together on their spare time to build him a house, which Code Enforcement Officer Gail Garneau immediately red tagged, as a joke.

“We have a moratorium on new housing,” she said.

Since the cat is friendly and they say acts more like a dog sometimes, the workers got into the holiday spirit and made the house out of scrap plywood. It got a scrap carpet on its floor and the cat, that is yet unnamed, seems inclined to use it.

Garneau said public works employees feed the cat on weekdays, and the police feed him on weekends. The poor fellow doesn’t seem bothered by the red tag, he’s going to use the house until it is no longer there. She said he’s become part of the family at public works and will jump on her desk while she’s working on the computer and take a nap.

Mayor and commissioners sworn in

joe hendricks | SUN

It has been recommended that these Indian Hawthorn
plants be removed.

 

BRADENTON BEACH – The Scenic W.A.V.E.S. committee is suggesting that the Indian hawthorns and other foliage that lines both sides of Gulf Drive from Second Street North to Third Street South be removed.

The plants sit between the pavement and the sidewalks, with wooden poles and rope bollards separating the sidewalk and the road for the safety of pedestrians.

The suggestion to remove the plants was driven by a desire to replace them with something that looks nicer and requires less upkeep and maintenance by the city’s Public Works Department.

“It’s our Scenic Highway, and it’s not consistent throughout the whole area,” committee chair Tjet Martin said at the committee’s Nov. 30 meeting at city hall. “It’s long overdue to do something new, something fresh. We definitely want to get that Indian hawthorn out.”

The committee discussed a number of potential other ground cover options including permeable pavers, rocks, stones, sod and grass.

Keep Manatee Beautiful Executive Director Ingrid McClellan said she liked the idea of permeable pavers and she noted they come in various shapes and colors.

Florida Department of Transportation (FDOT) District Landscape Director Darryl Richard said pavers could be costly, and Public Works Director Tom Woodard said the state agency would require professionally prepared plans for such a project.

When providing public input, Mayor Bill Shearon said he and Lt. John Cosby had concerns about the roundabout at Gulf Drive and Bridge Street. He said it would be best if the ground cover there was not pedestrian-friendly. He said this would help discourage people from stepping over the bollards and into traffic.

Martin said keeping pavers maintained and clear of sand and debris might place additional burdens on the Public Works Department. It was also noted that sod or grass would also require upkeep.

Richard said rocks and stones might be a better option.

Woodard said he was recently told that FDOT would be asking the city of Holmes Beach to remove the rocks and stones that were placed along East Bay Drive, near Publix and the Bank of America, without permission from the state.

At one point, the committee reached consensus to conduct additional research on the permeable pavers, but Woodard then presented the idea of simply removing the plants and replacing the existing rope and wooden poles with new rope and poles.

“I like that, it’s a great idea,” Martin said, and the other members agreed.

Removing the plants would leave a sandy surface that may require some additional sand to be brought in. Woodward said he would defer to the committee and the City Commission in regard to any final decisions to remove the existing plants.

“You know how it goes – for every one that wants it, there’s two that don’t,” he said of the potential public reaction.

Woodard is checking with FDOT to see if any permits are needed for the plant removal and bollard replacement. He said the committee’s recommendation would be placed on a future agenda for commission consideration before any final decisions are made.


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