The Anna Maria Island Sun Newspaper


Vol. 17 No. 30 - May 10, 2017

headlines

Aqua by the Bay has a new twist

Carol Whitmore

joe hendricks | SUN

More than 80 citizens who signed up to speak were sworn in
at the beginning of last week's meeting.

BRADENTON – Carlos Beruff's Aqua by the Bay development will face additional county scrutiny because he wants to include up to two dozen 12-story condo buildings in the project previously known as Long Bar Pointe.

Beruff's high-rise intentions were disclosed during the six-hour County Commission land use meeting on Thursday, May 4, but some of the estimated 300 attendees already knew about these plans via social networking.

Commission Chair Betsy Benac brought the matter to light when she questioned a county staff report that incorrectly stated the developers were seeking permission to build one 145-foot building and one 75-foot building as part of their plans to develop 2,894 residential units and 78,000 square feet of commercial space.

The developers need County Commission approval to exceed the existing 35-foot height limit.

"I find it hard to believe you could accommodate the density proposed and only have two buildings that exceed 35-feet," Benac said.

"I think it's accurate that we have two building types. I've not read it to be two buildings," Beruff's attorney Ed Vogler said.

Stephanie Moreland, the county's principal planner, acknowledged the mistake.

"I think it was an error on staff's behalf that we picked that up as being two buildings," Moreland said of the report that expressed staff support for the project.

In April, the Planning Commission voted 3-2 to recommend County Commission approval of the developers' requests. County Commissioner Robin DiSabatino asked if planning commissioners were provided the incorrect report. Moreland said they were.

"That makes a whole lot of difference," DiSabatino said.

DiSabatino questioned why she and others were not told about this before their meeting began. Benac said she only learned of it earlier that day.

"When I did my briefing with staff, I left thinking it was only two buildings," Commissioner Charles Smith added.

He then asked how many high-rises were proposed.

"It's not that we're not sure, it's another level of approval and design that hasn't occurred yet," Vogler said.

Vogler claimed those details were not required for a general development plan, but he noted the development plan also includes a chlorinated crystal lagoon and man-made beach. This would be in addition to a proposed estuary enhancement area and concrete retaining wall that would run parallel to the two and half mile Sarasota Bay shoreline and potentially threaten coastal mangroves. Private docks are listed as a possible ancillary use.

Plans clarified

More than 80 people signed up to speak, but only a handful did before the predetermined 7:30 p.m. stopping point.

Former County Commissioner Jane von Hahmann produced conceptual drawings the developers submitted to the Southwest Florida Water Management District (Swiftmud) as part of a separate permitting process. The drawings indicate 24 10-story, 80-unit condo buildings atop two-story parking decks.

Von Hahmann implored the commission to invoke its right to demand more details.

"It seems like you just didn't get enough information," she said. "No developer is guaranteed maximum height or density; that decision is up to you."

Former County Commissioner Joe McClash also addressed the Swiftmud drawings and he encouraged commissioners to deny any elements that don't comply with the comprehensive plan.

Andy Mele produced a poster-sized rendering that illustrated how the tall buildings would look from the bay.

Three Tidy Island residents expressed concerns about the retaining wall funneling storm surge to the west and flooding their community.

Charter captain Kathe Fannon suggested the entire project was better suited for Orlando.

"This is not Aqua by the Bay; this is awkward by the bay," she said.

Assistant County Attorney Sarah Schenk refuted Vogler's claim and told commissioners they had the legal authority to require more details on building heights and the number of buildings. She also said the county would be exposed to a potential legal challenge if the County Commission grants developers a more intense use than what's presented to the Planning Commission.

The commission voted 6-0 in favor of a second Planning Commission review based on more accurate information. Commissioner Carol Whitmore abstained because her son-in-law is on Beruff's legal team.

Commissioner Priscilla Whisenant Trace disclosed she recently had lunch with Beruff, but she said they did not discuss this development.

Hunters Point development launched
Carol Whitmore

submitted

Hunters Point has "taken a fresh approach to traditional
cracker cottage style architecture. We've blended the best
of the old with the best of the new to give a nostalgic,
yet refined, look and feel," according to the website,
www.hunterspointfl.com. The cottages are "designed to c
omplement the village of Cortez, only newly constructed so that
the homes meet all current regulations, including
flood zone elevation."

CORTEZ – The developer of Mirabella in northwest Bradenton has launched the second major development in the past year and a half in Cortez, Hunters Point Resort and Marina.

Marshall Gobuty purchased the property for $10 million in 2016 with his former business partner, Eric Grimes. Neither will discuss the dissolution of the Florida Land Enterprises partnership, but Grimes is no longer involved with the project.

The largely vacant,17.8-acre property at 12444 Cortez Road W. includes canals on three sides that lead to the Intracoastal Waterway and has a working marina, which will be a focal point of the development.

One canal borders the northeast edge of the proposed 1,800-home Peninsula Bay development planned by Manatee Fruit Co. President Whiting Preston, who had discussed connecting the canal to Palma Sola Bay through Peninsula Bay to provide for better water circulation, Grimes told The Sun last year.

Grimes' plans for a high-end vacation motor home resort have been scrapped for Gobuty's plans for 148 one-story elevated cottages, hotel rooms, a community center and 49 boat slips. The previous owner, Swedish businessman Peter Thurell, who bought the property in 2002 from Frank Cipriani, planned to build 36 two-story, single-family fishing village-style cottages and six townhouses atop 7,000 square feet of retail space.

Gobuty said he is using the cottage idea from Thurell's plan, as well as the name - Thurell called the property Hunter's Hill, using part of the original name of Cortez, Hunter's Point, and referencing a hill on the site that contains a nuclear bomb shelter.

"I've been trying to create the most energy efficient home by reducing the size," Gobuty said, citing the floor plan of 400 square feet, with 1,000 square feet of both rooftop and living-level deck, and a plan to build the units with LEEDS certification.

The units can be vacation rentals or residences depending on the homeowners' choice, Gobuty said, adding that they are designed so that "When renters are not there, there will be no cost for power."

Hotel rooms also will be built, but Gobuty did not specify the number or whether or how the frequency or number of vacation rentals might be limited.

A garage fronting Cortez Road on the property will be demolished, and space will be left in case the Cortez Bridge is replaced with the largest of several choices, which could impinge on the property, he said.

Unlike his former partner, Grimes, Gobuty has no roots in the Cortez fishing village and said he has not yet spoken to anyone in the designated historic preservation district across Cortez Road from his property about his plans.

"When you come into a community, it's always negative, and you have to have mutual respect," he said, citing community opposition to his ongoing Mirabella development, which is replacing a nine-hole golf course.

"The best part of Cortez is the authenticity," Gobuty said. "There's no more places like this left. You have to be right. It can't just be about money."

Grimes' plans for a high-end vacation motor home resort have been scrapped for Gobuty's plans for 148 one-story elevated cottages, hotel rooms, a community center and 49 boat slips. The previous owner, Swedish businessman Peter Thurell, who bought the property in 2002 from Frank Cipriani, planned to build 36 two-story, single-family fishing village-style cottages and six townhouses atop 7,000 square feet of retail space.

Gobuty said he is using the cottage idea from Thurell's plan, as well as the name - Thurell called the property Hunter's Hill, using part of the original name of Cortez, Hunter's Point, and referencing a hill on the site that contains a nuclear bomb shelter.

"I've been trying to create the most energy efficient home by reducing the size," Gobuty said, citing the floor plan of 400 square feet, with 1,000 square feet of both rooftop and living-level deck, and a plan to build the units with LEEDS certification.

The units can be vacation rentals or residences depending on the homeowners' choice, Gobuty said, adding that they are designed so that "When renters are not there, there will be no cost for power."

Hotel rooms also will be built, but Gobuty did not specify the number or whether or how the frequency or number of vacation rentals might be limited.

A garage fronting Cortez Road on the property will be demolished, and space will be left in case the Cortez Bridge is replaced with the largest of several choices, which could impinge on the property, he said.

Unlike his former partner, Grimes, Gobuty has no roots in the Cortez fishing village and said he has not yet spoken to anyone in the designated historic preservation district across Cortez Road from his property about his plans.

"When you come into a community, it's always negative, and you have to have mutual respect," he said, citing community opposition to his ongoing Mirabella development, which is replacing a nine-hole golf course.

"The best part of Cortez is the authenticity," Gobuty said. "There's no more places like this left. You have to be right. It can't just be about money."

Vacation rental bills fail

Anna Maria Island Sun News Story

submitted

Freshman State Sen. Greg Steube from Sarasota was
unsuccessful in getting his vacation rental bill adopted by his Senate peers.

TALLAHASSEE – It came down to the final hours of the final day of state legislature's regularly-scheduled 60-day session, but Sen. Greg Steube's vacation rental bill, SB 188, died without a final vote Friday night.

And Rep. Mike La Rosa's House bill, HB 425, died with it.

Earlier in the week, Steube got his bill amended so it resembled the La Rosa bill that would have mandated that any vacation rental regulations adopted after 2011 would have to be applied equally to all residential properties. This would have essentially prevented the cites of Anna Maria and Holmes Beach from enforcing their existing regulations.

Preserving the legislative compromise reached in 2014 also means the Bradenton Beach Commission can continue its efforts to modify and activate the dormant Quality of Life Ordinance adopted in 2015.

All three Island cities hired lobbyists this year to fight the rental bills. Throughout the week, elected officials and Island residents tuned into the Florida Senate website to see if the Senate bill would be amended and adopted to match the more restrictive House bill.

On Friday afternoon, Bradenton Beach Mayor Bill Shearon said, "Hopefully they'll take the graceful way out and just let it die gracefully."

Shearon's wish came true when the regular session ended later that night without a vote on SB 188.

At 9:22 p.m., Anna Maria Mayor Dan Murphy sent out an e-mail that said, "Sen. Steube's vacation rental bill died of natural causes tonight. Now we can prepare ourselves for next year. We know who we can count on and who is against us. We've heard all their arguments; we know all their tactics."

On Saturday, Murphy said, "I'm very pleased Sen. Steube's attempt to destroy local home rule died on the Senate floor. I extend the city's heartfelt thanks to all the residents who supported us; and a special thanks to Senator Bill Galvano and Jack Latvala for their efforts last week in preserving our home rule."

Anna Maria Commissioner Carol Carter said, "I believe the bill sponsors realized they would fail if it came to a vote given the groundswell of opposition generated by cities large and small, letters from the residents, the work of the lobbyists and www.HomeRule.com."

Anna Maria resident Ruth Uecker said, "I am so proud to have been part of the Island community that stood opposed to Sen. Steube and Rep. La Rosa's proposals to take away our home rule. We were fortunate to have our mayors and commissioners stand up and fight with us to keep what was and is our right to manage our cities in a way that benefits us all.

"We cannot, however, stand still and simply think the fight is over. This issue of home rule will be challenged again. Now is the time to look clearly at the lessons learned and to be prepared to take up the fight again."

Bradenton Beach Commissioner Jake Spooner said, "Following and fighting this bill was a great learning experience. I'm glad we retained our ability to implement reasonable ordinances to address vacation rental annoyances and protect the quality of life for our residents."

Bradenton Beach Vice Mayor John Chappie said, "It's great, but it's unfortunate we had to go through this again, worrying about the state trying to tell local communities what they should and shouldn't do. My guess is this is going to come up again next year."

Holmes Beach Commissioner Jean Peelen said, "I couldn't be happier that the attempts to strip cities of their right to regulate vacation rentals died a well-deserved death. I hope this death was particularly painful for Sen. Steube and Rep. Jim Boyd."

Walking toward the finish line

 

Kristin Swain | Sun

JD White hangs out on his bicycle May 4 with his physical therapist
Jason Grabiak of On the Go Therapy Services, Inc.

HOLMES BEACH — One of Anna Maria Island's most recognizable personalities needs your help to keep walking toward his goals.

JD White, a Holmes Beach resident, is trying to raise funds to help pay for a device to keep him walking.

To help White in his quest to raise the $10,000 to purchase two WalkAides, D Coy Ducks Bar is hosting a May 21 fundraiser party. The party from 2 to 5 p.m. includes live music, a 50-50 raffle, food and raffles.

At press time for The Sun, $2,300 already had been raised using GoFundMe, an online fundraising site. The online fundraiser was begun by Buster Powers.

The WalkAide works to stimulate leg muscles to help patients like JD who suffers from cerebral palsy, which can lead to drop foot, a condition where the front part of the foot and toes do not lift without assistance. The WalkAide device straps to the calf and uses functional electrical stimulation to help the muscles work better and return lost mobility to the foot.

If White is able to get two of the devices, one for each leg, he said he would be able to walk with better posture, less pain and, most importantly, without the cumbersome metal braces he's worn for most of his life.

White has been working with physical therapist Jason Grabiak of On the Go Therapy Services for two weeks using a loaned device to judge its effectiveness. Grabiak said the device is helping to strengthen White's leg muscles and assist with his posture which helps relieve some of the pressure on his knees.

"I'm already a lot better," White said.

"It's crucial to get the WalkAides now," Grabiak said. Without the WalkAide devices, White will have to begin wearing the leg braces again, which don't allow his feet to move and would undo much of the progress made in his therapy sessions.

Community members can help show their support for White by coming out to D Coy Ducks, 5410 Marina Drive, Holmes Beach, May 21 or by visiting his GoFundMe page at https://www.gofundme.com/jds-walk-aides.

Bert Harris claims mount in Holmes Beach

The number of Bert Harris claims in Holmes Beach is continuing to climb without an end in sight.

Fourteen claims arrived May 3 at city hall with most citing occupancy as an issue. Three cite problems with the city's ordinances governing construction limits for vacation rentals, including the living area ratio and maximum of four bedrooms per structure or two bedrooms per duplex unit as reason for filing.

Combined, the 14 claims represent $13,434,000 in requests for compensation in lieu of relief.

The city received six claims April 27, each citing the city's occupancy limit as an issue.

Occupancy in vacation rentals is limited to two people per bedroom or six people total, whichever is greater.

The total amount of relief requested equals $2,435,000 in claims.

The 20 new claims bring the total number of Bert Harris claims in the city to 53 as of press time for The Sun, representing more than $20 million in claims.

Three of those claims have made it to court, ending in favor of the city. Holmes Beach Mayor Bob Johnson has received summons for two others to be heard by the Manatee County Circuit Court.

Once a claim is received, the city has 150 days to respond. So far, city leaders have opted to respond in favor of established ordinances, refusing to offer a compromise or grant petitions for relief.

Commissioners planned to discuss how to deal with the influx of Bert Harris claims in the city May 9 during a work session meeting.

Robinson, museum among BP spill beneficiaries

joe hendricks | SUN

Mayor Dan Murphy and City Commissioner Nancy Yetter
call into question WGI's performance thus far.

CORTEZ – Manatee County wants to hear from the public on five programs it hopes to get approved for $6.3 million in RESTORE Act funding from the 2010 Deepwater Horizon oil spill.

RESTORE (Resources and Ecosystems Sustainability, Tourist Opportunities and Revived Economies of the Gulf Coast States) Act funds are part of BP's legal settlement of the spill.

The disaster killed 11 people and leaked oil into the Gulf of Mexico from April 20 to July 15, killing fish, dolphins, sea turtles and birds, putting commercial fishermen out of business in five states and closing some northern Gulf coast beaches.

While no oil hit local shorelines, closures in the Gulf kept Cortez commercial fishermen at the docks, fishing tournaments were cancelled, Manatee County emergency managers devised a plan to protect sensitive local waters from oil with booms, county scientists began testing water for later comparison in case oil arrived, Bradenton Beach wildlife rescuers prepared for rescue missions, and protestors twice lined Anna Mara Island's beaches wearing black and holding hands.

The county experienced decreased sales tax receipts and resort tax collections that likely would have been received had the spill not occurred, according to Charlie Hunsicker, director of the Manatee County Parks and Natural Resources Department.

"We owe it to the memory of the 11 lives lost in the Deepwater Horizon oil rig explosion and the untold environmental damages which followed to commit to building a resilient Gulf and understand the connections between a healthy environment and a healthy economy," Hunsicker says in a video on the county's website.

The programs are:

Robinson Preserve

$871,000 in RESTORE Act funds and $162,600 from other sources would be used to restore and protect Robinson Preserve in northwest Bradenton, which is visited by 375,000 people a year.

Natural Resources workforce development

$210,000 a year for 15 years would be used to develop classroom training programs and mentorship opportunities for prospective natural resource managers.

Coastal watershed program

$125,000 a year for 15 years would be used to evaluate and improve water quality, especially in older areas of Manatee County.

Florida Maritime Museum

$225,000 would be used to renovate the interior of the Burton/Bratton store and to build a replica of the boatshop with classrooms for the new Folk School at the Florida Maritime Museum in Cortez. Classes include net mending, fermenting, soapmaking and other traditional crafts.

Gulf Shellfish Institute

$100,000 would be used to promote locally-grown shellfish, including clams at Port Manatee and the Sea Farm to Table program.

Following the public input period, May 8 to June 21, the Manatee County Commission will vote on the plan. If approved, it will be submitted for approval to the U.S. Treasury Department, which administers the program, and projects would begin in December with the last one finished in 2025.

To make a comment, visit www.mymanatee.org/restore and click on "Feedback."

Park improvements sought for Fido

KRISTIN SWAIN | SUN

Pet parents hang out with their dogs in the shade of the
pavilion May 4 at the large dog side of the Holmes Beach Dog Park.

HOLMES BEACH — This park may already have gone to the dogs, but that doesn't mean improvements aren't needed.

Seven pet owners appeared before members of the Holmes Beach Parks and Beautification Committee May 3 to ask for their assistance in planning an improved dog park.

Some of the issues cited with the park include lack of space in both the small and large dog areas, lack of grass in the area which results in muddy paws after rain showers and the need for at least one more pavilion to provide shade for owners to relax while their playful pups romp in the sunlight.

Commissioner Marvin Grossman, liaison to the committee, said he felt the owners coming to the city for help was "a little premature." He, along with members of the parks and beautification committee, suggested the pet owners get together and present a unified plan to improve both the small and large dog sections of the park.

Committee members put a presentation from the dog park users on their October agenda. Following the May meeting, the committee began a four month hiatus for the summer.

Committee Chair Jerry West suggested the dog park users create an informal committee to develop a plan and "speak as one voice" in the fall in front of the parks and beautification committee.

"Bring us a plan, or at least a loose-knit plan, instead of a problem," committee member Zan Fuller said.

Grossman said he felt the park users would receive support from city commissioners if a plan was presented and received the parks and beautification committee stamp of approval.

Committee members agreed that some changes were needed in the park, but were unsure of how to make the best use of the space and meet the needs of both the pets, who enjoy the park, and their owners.

"They're the ones using it," Fuller said. "They need to determine what works best for them."

The dog park users agreed to research and come up with a plan along with a proposed cost for the improvements to present to the committee when members begin meeting again in the fall. Grossman committed to bring the park to the attention of his fellow commissioners and help find funding for improvements if necessary.

"We'll raise funds if necessary," he said.

Kids' day coming up

file photo

Little pirates at last year's Snooks Adams' Kid's Day line up
on the Anna Maria Island Privateers' parade ship Skullywag.

The Island's first law enforcement officer's love for the local children will be celebrated on Saturday, June 3, from 10 a.m. to 2 p.m. by the Anna Maria Island Privateers at Snooks Adams' Kids' Day at Bayfront Park, 316 North Bay Boulevard, in Anna Maria.

In 1954 former Holmes Beach Police Chief Willis "Snooks" Adams started the annual Kids Day celebration with only a dozen or so kids and a couple of pounds of hot dogs. They went to the beach to celebrate school summer vacation.

When he retired in 1980 he handed the tradition over to the Privateers and they will again provide the hot dogs, chips and sodas. Domino's Pizza also will help feed the youngsters. The food is free for the kids, and parents can have some for a contribution.

In addition to food, there will be a treasure hunt, rat toss and other pirate games, as well as water balloon tosses, water pistol fights and a scavenger hunt. Don't forget the pirate costume contest aboard the Privateers' parade ship "Skullywag."

Every school age child is welcome with their parents. The Privateers is a 501 c3 non-profit organization whose mission statement is "Pirates for Kids & Community." For more on the group, log onto www.amiprivateers.org.


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