An unidentified man was hit by a car and killed Tuesday morning, April 17, around 9:42 a.m., according to the Florida State Patrol.

The incident occurred as the victim was trying to cross Cortez Road at 115th Street, just east of the signal light that was installed a few years ago to allow pedestrians to cross Cortez Road safely. The victim died at the scene and witnesses said emergency technicians worked on him for several minutes before declaring him dead.

Florida Highway Patrol officers said the driver of the car that hit the man would not be charged.

Lomita, Cal. restaurant owner David Viens, who formerly owned a restaurant in Bradenton Beach, has been ordered to stand trial in the 2009 death of his wife, whose body has never been found. Viens, 47, faces one count of second-degree murder in the death of 39-year-old Dawn Viens, who was last seen Oct. 18, 2009. Viens, had long been a considered a suspect in his wife's disappearance.

In 2011 Viens jumped off a cliff in Rancho Palos Verdes after news reports cited him as a person of interest in the murder Detectives say Viens confessed to his wife's murder from his hospital bed.

Dawn Viens, 39, was last seen leaving the couple's restaurant before vanishing. Her husband closed the restaurant a short time later for renovations and poured concrete inside the eatery, Los Angeles County sheriff's Lt. Dave Coleman said. Investigators had initially thought her body was buried underneath the restaurant, but a search of the Thyme Contemporary Cafe came up inconclusive.

Viens initially told investigators that on the day his wife disappeared, the two had argued and that Dawn walked out. But according to a local news report, Viens' daughter and girlfriend testified that Viens admitted to killing his wife, but told them it was an accident. He told them he tied her up and gagged her mouth with tape when she wouldn't stop talking when he wanted to sleep. He said she vomited and was found dead in the morning.

Viens could face life in prison if convicted. He is due back in court April 26.

Viens was arrested in January 2005 on charges of possessing a large amount of illegal drugs to sell within 1,000 feet of a school. Viens turned state's evidence and the charges against him were dropped. Since then, he moved to California with his wife and they opened the restaurant that they owned when she disappeared.

ANNA MARIA – Commissioners said they want to see profit and expense figures from the AMI Chamber for Bayfest before they decide whether to reduce or waive the fee for use of the six lots at the corner of North Bay Boulevard and Pine Avenue.

In February, commissioners agreed on a fee of $500 if alcohol is not served and $1,000 if it is served. The Chamber asked the city to waive the fee for Bayfest, the annual festival on Pine Avenue in October.

In a letter to the mayor, Chamber Chair Karen LaPensee said, "We have always believed the event is so important to Anna Maria that we have not considered moving it. The additional usage fee and increased permit costs of $1,500 only add to our costly burden.

"Back before there was a Pine Avenue destination, Bayview Plaza or Village, the Chamber was bringing this well-loved festival to the Islanders and businesses. Please consider what the loss of this event would mean to these people."

Profit and expenses

The letter listed $6,538 in expenses to hold the festival in the city. Expenses include a stage, portable toilets, police and a special event permit.

Commissioner Jo Ann Mattick pointed out that in the letter, the Chamber only listed its expenses, not its profit. Chamber President Mary Ann Brockman said the Chamber only makes a profit from the alcohol sales.

When pressed by commissioners for numbers, Brockman said, "We get anywhere from $5,000 to $10,000, and we give three scholarships out of that and pay our bills."

Commissioner John Quam asked about revenues from beer and wine and Brockman said the gross is $10,000 to $15,000.

"Bayfest has a good track record," Commissioner Dale Woodland said. "The money that we're going to get against the mortgage is not much. I have no problem waiving the fee or grandfathering them."

Woodland suggested that the Chamber "step up to the plate" and donate some money to the AMI Historical Society to move Warren Spahn's house to the museum complex. Brockman said she could take the request to the board.

"I don't see why $1,000 is a question," Commissioner John Quam said. "It has nothing to do with our mortgage. It's the wear and tear on our infrastructure. You're using all of Pine Avenue and the six lots. That's just a drop in the bucket."

Show us the numbers

Mayor Mike Selby asked Brockman to provide the commission with what the Chamber grossed and netted last year from the festival.

"I can do that, but I don't know what that has to do with your decision," Brockman replied. "You either want Bayfest here or you don't want Bayfest here."

"I think our fees are too high," Chair Chuck Webb said, "but I do think the Chamber needs to pay some rent.

"We need information from you so we can proportion the rent. Make a presentation and convince us to go lower."

Chamber Chair Elect Larry Chatt said it costs the Chamber $6,500 to hold the festival in Anna Maria that it wouldn't cost if it were held in Holmes Beach.

"As a board realize what we're considering," Chatt stressed. "We're looking at the incremental cost to hold it here compared to another city. We don't want to do that.

"The property (Holmes Beach City Hall field) was donated to the city, and they can't charge extra for it," Mattick pointed out.

"You're presenting it like this is a huge benefit to our city, but it's extremely beneficial to the Chamber to have it in our city."

Brockman said the Chamber started the festival to benefit the businesses in the city.

Webb said the discussion would continue at the next meeting on April 26.

BRADENTON BEACH – It was a somewhat rowdy hearing for a proposed joint major development application for a dune project and parking lot on land south of the BeachHouse restaurant during a planning and zoning board hearing last week. Following testimony, board members recommended turning down the proposal. Then certain members voiced dissent that they were only a recommending body, and they hoped the city commission, which has the final say, would also vote it down.

The project, which was proposed by BeachHouse owner Ed Chiles, would build a dune system for flood protection on the beach just south of the BeachHouse and there would be a parking lot on the land closer to Gulf Drive.

The reason the project is a joint one with the city is because there is a strip of city-owned land just south of that beach where Chiles said the parking lot could include some of that land, and the city would have control over the parking spaces there.

The project had been discussed for some time at Community Redevelopment Agency (CRA) and Capital Improvement Project (CIP) team meetings. The CRA consists of members of the city commission and the mayor, and they would have the final say on whether it should be built when they sit as the commission.

During the hearing, city-hired engineer Lynn Townsend represented the city and the applicant. She spoke of the dune project, which had been accepted by the Florida Department of Environmental Protection (DEP).

"This is part of a local mitigation strategy put together by the county and DEP accepted it," she said, "They strongly urge cities to accept their plans."

Townsend said the small pocket park on a corner of the city's property would be relocated. She also said there would be no lighting since the ambient light there is enough to ensure the safety of the parking lot users, and any lighting on that part of the beach would not be allowed during sea turtle season.

Concerns

Before the hearing got into detail, a number of people spoke during the public comment section.

Barb Rodocker, owner of BridgeWalk resort on Bridge Street, spoke as a businesswoman and a member of the Scenic WAVES committee.

"We're not against this; we just want to make sure there is a lot of vegetation so it looks good from the street."

Maureen Gilley wondered how much beach would be left after this project.

Anna Maria Island Turtle Watch Director Suzi Fox was concerned about cars parking on the beach while turtles nest there. She said they had two nests on that land last season.

Former City Commissioner Janie Robertson said she was concerned with the city having to maintain its portion of the parking lot.

After public comment, board members spoke, and they were concerned about whether a parking lot would be allowable on the land as it is zoned. There were also concerns about whether Chiles could use that land in that fashion, until Building Official Steve Gilbert reminded them that it is Chiles' property.

After all the discussion, the board voted 4-1 to recommend the city commission reject the plan. Pat Whitesel was the only vote against the motion.

During some of the testimony, board member Bill Shearon was observed muttering objections using foul language. After the hearing, City Clerk Nora Idso sent Chairman Rick Bisio a memo talking about a complaint she got from somebody who attended the meeting.

"I was contacted by an outside source that there were several occasions when one of the board members mumbled foul language throughout the meeting when others were speaking," Idso's memo to Bisio said. "It was appalling to the public that one of our boards acted with such unprofessional behavior."

Bisio answered Idso's memo with an apology to the city and other members of the board.

"As you know, the members of the P&Z take their responsibilities very seriously, and we seek to conduct our meeting in a high professional manner," Bisio's memo said.

"We are all aware that any commentary outside of official discussion is not acceptable. The fact that I did not control this situation sooner falls on my shoulders, and I apologize to all those concerned."

ANNA MARIA – About 20 property managers attended a meeting called by Commissioner SueLynn to discuss improving methods to manage and control problems with rentals.

SueLynn has been working with property managers over the past few months to develop a list of Neighborhood Friendly Guidelines and a list of Property Manager Best Practices.

"You are our first line of defense to help maintain the quality of life for our residents and visitors," she said. "People are saying they are not coming back because of traffic problems, noise and so on, and we need to stop that."

She asked them to review the two lists and suggest changes or additions.

Mayor Mike Selby questioned the provision that a person must be 25 or older to rent property and said members of the military can be younger. Penelope Naylor said people can rent vehicles and vote at the age of 21.

"How legally responsible are people under 21 to pay? Sissy Quinn asked.

SueLynn said the age is up to the property manager, and Larry Chatt, of Island Real Estate, said he offers a higher deposit of someone questions the age.

Suggestions continue

David Teitelbaum said there could be a provision that no more that four unrelated people can rent a single-family home. Naylor said it would limit people who want to come with their friends, and it would be difficult to enforce, but it could help with enforcing overcrowding.

Naylor pointed out that while the guidelines list zero tolerance for noise complaints after 10 p.m., it is not just at night and noted, "It's enjoyment of the neighborhood and being conscious of your neighbors at all times."

In a review of the best practices list, one property manager said she introduces herself to neighbors of rentals and tells them to call her if there are problems.

SueLynn suggested that Island property managers form an association to update each other and discuss issues that arise, and Nayor suggested awarding a seal of approval to those who do a good job.

"You are all abiding by the law, but there are some people flying under the radar and renting without licenses," SueLynn pointed out. "If you know of someone, you can call Gerry (Code Enforcement Officer Gerry Rathvon) or the anonymous tip line at the tax assessor's office."

Enforcement weighs in Deputy Steve Ogline, of the Sheriff's Office, said Sgt. Dave Turner tasked him with looking into the rental issue, and he is compiling a list of all the rentals in the city with their addresses, license numbers and property managers or owners names.

"If someone is causing a disturbance, we can help you evict them," he said.

"The problem we're having is if the license is not posted, we can't help you.

"If it is not posted and not licensed and being used as a vacation rental, the rental agency or owner is violating a criminal statute and can be charged with a crime," Ogline said.

He said the rental license must be posted on each rental property, and he will report rentals that don't to the Florida Department of Business and Professional Regulation. He said he also would follow up on noise complaints.

Rathvon said she can act on people causing a disturbance and said, "It is not just after 10 p.m. People have the right to have quiet in their homes."

She said she gives a warning first, then issues a citation. She puts the information in her database and the Sheriff's Office shares information on noise incidents with her. If there are three offenses, it can be considered a nuisance property.

Quinn asked about barking dogs, and Rathvon said to call animal control.

SueLynn thanked the property mangers for attending and making suggestions and said, "You are the ones who help maintain our quality of life."

ANNA MARIA – Friends of Georgia Gibbons and her family are coming together for a fund-raiser to help with expenses after the young college student was hit by a car while crossing the road late at night in Tallahassee, where she attends college.

She has been in a coma and doctors are not sure of the extent of her injuries, although they know she suffered brain damage.

The fund-raiser will be held at the Sandbar restaurant pavilion on Thursday, May 3, starting at 6 p.m. There is a $20 cover charge if paid in advance or $25 at the door. The fundraiser will include a silent auction of donated items.

Beth Riley, a server at the Rod and Reel, where Georgia's mother, Robin, works, said the accident occurred as Georgia was texting and walking across the street. She reportedly walked in front of a car that could not stop in time. She hit her head on the car's windshield.

Robin found out about the accident within an hour of it happening, thanks to TIFF Initiative. TIFF's Initiative (To Inform Families First) is a voluntary program where Florida residents access a database to enter emergency contact information.

The information in this secure database is only accessible by law enforcement through a Florida driver's license or identification card. When police officer enters a driver's license number into his/her computer, the contact information will appear on the screen.

The initiative went into effect after Anna Maria resident Christine Olson, also a server at the Rod and Reel Pier, did not learn her daughter had been in an accident until hours later and was unable to locate her until after she had died.

With the assistance of State Representative Bill Galvano, the Florida Department of Highway Safety and Motor Vehicles, and law enforcement agencies, Olson designed the program, and it went into effect on Oct. 2, 2006. As of January 2010, over 1 million Florida residents have added emergency contact information to their license or ID cards.

Money is needed to help pay for Robin's travel expenses and lost income while she is with her daughter at the hospital. An account has been opened at Wells Fargo Bank in the name of "Georgia Gibbons Financial Account."

To get tickets or for more information, call 778-3232 or 941-545-5670.

The Bradenton Police Department has sent out an alert regarding a scam via text messaging.

A resident recently got a text message that she assumed was from her bank warning that there was a lock on her debit card and she needed to call a number to get it unlocked. When she called the number in the text message, she was asked to provide her full bank account number. She hung up immediately, thinking it was a scam and when she contacted her bank, she was told everything the text message told her was false. Her bank had not contacted her regarding her debit card.

Police advise not to respond to text messages from unknown sources. If you get a message regarding a bank or credit card account, called the bank or card company to confirm.

For more information, call the Bradenton Police Department Crime Prevention Unit at 941-741-3041 or e-mail lj.millard@cityofbradenton.com. If you receive a text message like that, call your local law enforcement agency: Anna Maria, 747-3011 or 708-6130; Bradenton Beach, 778-6311; Holmes Beach, 708-5804.

ANNA MARIA – Commissioners continue to work on resolving parking issues on Pine Avenue that were brought to their attention by members of Roser Church and the city pier leaseholder.

"With our economy, a lot more people are staying closer to home or they are vacationing here, and we don't have the facilities to accommodate all the people who want to come here," said Roger Roark, chair of the congregation of Roser Memorial Community Church.

Roark sent the city a letter in February seeking relief from unauthorized parking by people visiting, shopping and sightseeing on Pine Avenue.

At the same time, city pier tenant Mario Schoenfelder asked the city to reconsider the commission's decision to eliminate parking in the six lots at the corner of North Bay Boulevard and Pine Avenue.

Work with community

"For the last two years, we have been providing spaces for parking and we don't know who these people are. There's a liability for us," Roark said.

"We are a community church and we want to work with the community and be a good neighbor. We are open to any type of solution."

The church provides space for three businesses on the street – Sato Real Estate, the Green Village and the City Pier Restaurant, Roark pointed out. The church also needs parking for events for its congregation and the community.

"If you close the parking at the end of Pine Avenue the first of May, that would take up and additional 15 to 20 spaces," Roark added. "Where are those people going to park?

"If you put a park in there that would be another attraction. We're the closest open space around there."

Chair Chuck Webb asked which lots are affected, and Roark said the thrift shop lot and the fellowship hall lot. Roark added that all of Roser's lots have signs indicating church parking only.

Webb asked if they had considered charging for parking, and Roark said it has been discussed.

Paid parking

Mayor Mike Selby said he met with Ed Chiles, of Pine Avenue Restoration, which developed several of the buildings on the street, and he recommended that the merchants on Pine pay the church $1,500 to use the parking area at the thrift shop.

Roark said the church would be receptive to the idea, but it doesn't want manage a parking lot and would rather lease it.

"I think if we had a designated area, it would resolve some of our problems," Roark said. "That would open up some of the other areas being used by shoppers."

Selby said parking lots are not allowed in that zoning district, and Commissioner Jo Ann Mattick said the lot could be leased to the businesses, which could offer free public parking.

Mattick asked if the church would have a problem with the city using the 50- by 100-foot right of way at the end of Tarpon Street, and Roark said it would only need the space if it had a large memorial service.

Selby said they would continue to work on a solution, and he would be the liaison with the church, and Chiles would be the liaison with the business owners.

Pier plea

"I want to emphasize that this it not about the city pier asking for more parking," Schoenfelder told the board. "People (parking in the city pier lot) are not visitors of the city pier or customers of the restaurant, and our customers are forced to seek other spaces.

"There used to be signs (that said) city pier parking, but after the remodeling of the parking spaces, they are gone. Since this new beach, people are parking on the spaces that we pay rent for and going to the beach all day."

He asked the city to enable them to use the spaces that are part of the lease agreement.

"One of the things we are faced with is we have more and more attractions in the commercial area and we're getting more and more squeezed," pier manager Dave Sork added.

"Some remedy may be the six lots the city purchased and how to utilize that area to serve the needs of the community both as a park and as a parking area."

Parking at the park

Sork presented a drawing showing angled parking around the six lots on North Bay Boulevard and along Pine Avenue and another showing angled parking along the back of the six lots and along the canal. Both showed an open park area in the center.

"The park as well as the new beach is putting an awful lot of pressure (on the area)," he said. "On Easter Sunday, there were 18 separate parties on that beach."

Commissioner John Quam said he advocated a plan showing 18 parking spaces along North Bay Boulevard, but he is not sure about having parking on Pine Avenue.

"I wanted to shut down the six lot parking, and I compromised on (doing it) May 1," Commissioner Dale Woodland. "I don't like the city paying $2.8 million for those lots and using them for a parking lot for businesses that make money."

He said he's willing to leave the parking the way it is to give commissioners time to find a solution.

Mattick agreed with having parking long North Bay Boulevard, and added, "The pier is a valuable asset, and we need to have adequate parking. There's tons of space to have a park and parking."

Webb asked Sork to get scale drawing of the angled parking and told him to re-install the parking for pier only signs. He said the city should put up a sign directing people to park at Bayfront Park and said the commission would continue the discussion at the next meeting on April 26.

HOLMES BEACH – City commissioners heading committees designed to solve vacation rental problems have completed their investigations, but took no action at last week's commission meeting.

For several weeks, residents have asked the commission for help with noise, parking and trash problems at vacation rental homes built in residential areas. Some also suggested a building moratorium, which commissioners deferred until the committee reports were in.

Other residents have suggested that enforcing existing codes would solve the problems. Code enforcement ticket books recently have been issued to city police to assist the sole code officer, according to Mayor Rich Bohnenberger.

The rental issue is scheduled for further discussion at the Tuesday, April 24 meeting at 7 p.m. at Holmes Beach City Hall, 5801 Marina Drive.

Commissioner Sandra Haas-Martens' code enforcement committee recommends:

• Educating citizens on how code enforcement works;
• Citing renters, owners and rental agents for code violations;
• Revoking business tax receipts for repeat code violators;
• Requiring rental agents to adhere to best practices designed by Larry Chatt of Island Real Estate;
• Raising the cost of a business tax receipt the full 5 percent allowed every two years.
Commissioner John Monetti's permit and zoning committee recommends:
• Displaying permit boxes close to property lines where people can read them;
• Making inspections only if permits are properly posted;
• Requiring performance bonds to avoid abandonment of partially built houses;
• Using an outside agency to handle permit approval and inspections.
Commissioner Pat Morton's rental agent and contracts committee recommends:
• Restricting parking to one spot per car and one spot per boat per rental unit;
• Requiring stickers on rental mailboxes or buildings designating the rental as a seven-day or 30-day minimum rental, depending on which zoning district the rental is in, to assist police and code enforcement officers in identifying violations;
• Authorizing police to shut down loud rental parties without complaints from neighbors;
• Increasing incremental fines followed by the revocation of the business license for repeat violations at a rental.
Commissioner Jean Peelen's building code committee recommends:
• Keeping most current building requirements, including setbacks and height limits;
• Adding floor/area ratio (FAR) requirements for the R-1 district of .35, and for the R-2 district of .30, establishing how much floor space a house or duplex can have on a certain size lot;
• Requiring that duplex houses that are joined underground be separated by at least 10 feet;
• Increasing the current minimum size for a duplex lot from 8,712 square feet to 10,100 square feet
• Requiring a pool setback 10 feet from the water to the property line;
• Discouraging the demolition of ground level houses, encouraging owners and builders to rehab at ground level by allowing variances from the setback requirements.
Commission Chair David Zaccagnino, who worked independently without a committee, recommends:
• Drafting an ordinance similar to some cities in the Florida Keys that would make it more difficult for property owners to rent without a rental agent;
• Canceling or not renewing city business tax receipts, a form of business license, of rental property owners who do not comply with city codes;
• Enforcing the collection of resort taxes;
Larry Chatt of Island Real Estate suggested codifying the following "best practices" for rental agents:
• Arranging rear door trash pick up; four bedrooms or more, two trash cans required; seven bedrooms or more, three trash cans required;
• Giving renters a sheet with the city's logo with noise ordinance and tips on "playing nice" with community;
• Recording the number of day guests, night guests, occupants and cars and cross check;
• Giving city a rental list for police dispatch to be called regarding any issue and for severe issues immediately;
• Encouraging new owners and current owners to meet their neighbors and provide property management details of whom to contact;
• Providing community recycling dumpster, and owners and property managers who rent reconsider leaving out bins versus removing recycle bins and providing the location of the community recycling drop off.

 

HOLMES BEACH – The first-ever Sustainable Authentic Florida Conference will be held Oct. 17 through 19 on Anna Maria Island, which organizers say personifies authenticity.

"There's something very comforting about Anna Maria Island and Cortez," said Herb Hiller, of the East Coast Greenway Alliance, who requested $25,000 for the event on Monday from the Manatee County Tourist Development Council (TDC), an advisory board to the Manatee County Commission.

Cortez and Island residents don't just talk the talk about being original Florida, they walk the walk, Hiller said.

"This place is not being driven by brand names," he said, referring to the dearth of chain hotels and restaurants on the Island. "These people know how to keep their place the way it is."

The conference, to be held at the Island Playhouse, will feature talks from nationwide experts on livable and walkable communities from Washington state and Washington D.C., and Florida counties including Dade, Volusia, Wakulla and Franklin. A tour of Pine Avenue, a boat tour of Sarasota Bay, meals on the Island and brainstorming about how to keep Florida authentic also are on the schedule.

Island and Cortez team leaders include TDC board members Ed Chiles and David Teitelbaum, Lizzie and Michael Thrasher, Anna Maria Historic Green Village, Anna Maria Island Resorts and Karen Bell of A.P. Bell Fish Co.

The TDC voted to recommend allocating the funds from the county's 5 percent resort tax, collected from owners of accommodations rented for less than six months, who charge the tax to their customers.

The tax funds the Bradenton Area Convention and Visitors Bureau's (CVB) tourism marketing efforts and beach renourishment.

TDC Chair Carol Whitmore noted that resort tax collections have been on the rise. Collections have been up more than 100 percent in some months in some Island cities, and are averaging a 33 percent increase so far this year, according to statistics issued by the tax collector's office, which attributes part of the increase to improved enforcement efforts.

Whitmore requested that the board ask the county commission to set aside the increase in funds for beach renourishment, scheduled in 2014-15. The board agreed.

Tourism trend up

As always, the beaches rank number one in the reasons people visit the area, according to a report by the CVB's consultant, Walter Klages.

2011 was a successful year for tourism, he said, with nearly 2.7 million visitors to Anna Maria Island and the Manatee County portion of Longboat Key, producing nearly $765 million in total economic impact.

Business in the first quarter of 2012 indicates the trend will continue, with 170,000 visitors and a $261 million impact, both up from this time last year, he said.

"You are doing extremely well" compared to similar destinations, he said, crediting in part the recovering economy, but adding that the U.K. market showed some hesitancy from January through March this year, with only modest growth.

The visitor profile for last year changed little, with about 51 percent of the visitors being couples, 39 percent families and 7 percent singles, staying an average 7 days, 52 percent arriving by car and 47 percent by air, with an average head-of-household age of 50 and a median annual income of $101,000.

Former CVB Director Larry White complemented his former agency, urging officials to continue marketing efforts to keep businesses healthy. In 1991, when he joined the CVB, it had only $225,000 in its marketing budget, he said, compared to nearly $3 million for 2012-13.

"I said I couldn't be a success until I could screw up traffic 12 months a year," he joked.

In other business, the TDC learned that:

• The CVB is working on a new brand and a new website design for the area.
• The county's sports marketing team will launch a new website next week, www.bradentonsports.org.
• Tourist travel through the Sarasota-Bradenton International Airport (SRQ) produces $433 million in direct economic impact to the area.
• Flights from SRQ are generally $27 more expensive round trip than through Tampa International Airport.
• Island beaches appeared in a four-page advertisement in Globe Magazine, part of the Boston Globe.
• Bradenton will be featured as a favorite family hot spot in Family Circle magazine.