The Anna Maria Island Sun Newspaper

Vol. 15 No. 21 - March 18, 2015

headlines

Community Center fitness facility plan takes heat

HOLMES BEACH – City commissioners had harsh words for the Island Community Center’s plan to build a state of the art fitness center on the second floor of the Center.

“I was very sorry to hear the way the Community Center is going, by using the whole second floor as a gym,” Commissioner Jean Peelen said at last week’s city commission meeting. “We have two gyms on this Island that are struggling to exist. Why in the world we would encourage a Community Center to go into competition with them?

“And it troubles me, particularly in light of a companion movement I hear is happening there, to allow the rental houses to use the Community Center for an annual fee. The direction is toward it becoming a spa for the resort houses, and that’s very concerning. I don’t understand why the board thinks that’s a good idea.”

At a Feb. 23 meeting, the Center’s board of directors voted to proceed with the fitness center as presented by board member Shawn Kaleta. It would include fitness equipment and locker rooms with dressing areas and showers, accommodate 75 to 100 people, and the cost would be about $500,000.

Regarding the rental issue, Peelen was referring to the Community Center board’s plan to raise funds for the fitness center by getting four property management companies to participate in the Center’s rental membership program in which property owners acquire Center memberships for their renters.

Take a message

“It bothered me too, and I’m glad you brought it up,” Chair Judy Titsworth said the Peelen.

Commissioner Carol Soustek, the city’s liaison to the Community Center, asked if she should take a message to the Center’s board that “the city of Holmes Beach has problems with their proposal.”

Peelen said they should “express concern that businesses in our city will be really impacted by their plans.”

At Thursday’s work session, resident Kim Rash said he was disturbed by Peelen’s comments and stressed, “We have two nice gyms with hard working people on the Island. I found out that we as taxpayers give money to the Community Center to help it operate.

“I feel we need to protect our business owners here in Holmes Beach. They contribute to the community and make a difference. I don’t think it’s right for the commission to send our hard earned money and take away from our small businesses. You should send them a letter and say if they proceed, you’ll pull your funding from them.”

According to City Treasurer Lori Hill, the city has donated $22,500 per year to the Center for the past several years.

Different views

Jen Crady, owner of AMI Health & Fitness, said, “It’s unfortunate that our own Community’ Center is becoming a threat to local business. Every small business relies heavily on the income generated from seasonal residents as well as visitors.

“AMICC’s plan to target the rental agencies as well as property owners will take a substantial amount of income from the two existing fitness centers located in Anna Maria.

“It is sad that AMICC is not using their resources to reinvest in the programs that have kept their doors open through the financial hardship that they have experienced over the last several years.”

She said there is no demand for a resort spa and fitness center at the Community Center.

Brenda Canning, of Island Fitness, said, “I’m a small business and to have a big gym like that in a small community will hurt. They’re spending a lot of money in an industry where they have no experience.

“The board thinks it will bring revenue, but there are so many other possibilities of things they could do when there are already two fitness centers. They’re taking away from the kids.”

She said she has always supported the Center by donating gift certificates for their events and gift package for The Affaire and concluded, “If they want continued support, we should all work together.”

Cindy Thompson, the Center’s executive director, also weighed in on the issue and pointed out, “We, the stewards of your Community Center, believe maximizing all aspects of the Center to bring it to its full potential is a worthy effort to which we have committed ourselves. We have been working diligently to bring the Center to self-sufficiency.

“We believe we can and should upgrade our existing programs and facilities in order to increase revenue while managing expenses. We have tightened financial controls, cut costs and increased services, but to survive and prosper we must continue to search for ways to increase revenue.

“While we are making progress, there is still much to do if we are to provide more services to families and individuals who rely on the Center. We welcome constructive input from anyone who would like to roll up their sleeves and be a part of the solution.”

Commission closes in on global settlement
Carol Whitmore

JOE HENDRICKS | SUN

Attorney Chuck Johnson reviews the proposed global
settlement details with city commissioners Friday morning.

BRADENTON BEACH – Friday the 13th was a day of grand compromise inside city hall.

During a special commission meeting that began at 9 a.m., residents, attorneys, and elected officials spent three hours hammering out the details of the global settlement introduced by Mayor Bill Shearon and attorney Chuck Johnson on March 5.

Barring unforeseen complications, the settlement, when finalized, will end four lawsuits; end the forfeiture of office proceedings against Shearon; end a long-running parking dispute involving the BeachHouse restaurant and an adjacent city property; and end a public records lawsuit.

After two hours of public negotiations, Johnson, City Attorney Ricinda Perry, and Ed Chiles’ attorney, Robert Lincoln, requested a 20 minute recess to craft the basic framework of the settlement agreement.

“We are not going to dot every i, cross every t, nor recite every element that will be in the resolution. We are, at the moment, focused on the big picture, or the spirit of the agreement. Initially, we are going to stand down on the lawsuits,” Johnson said, when the meeting resumed.

“We are recommending everybody lays down their arms,” he added.

Johnson and Perry hope to present a draft settlement agreement at the Thursday, March 19 commission meeting.

The parking debate

The negotiations got off to a rocky start, when discussing the 2012 lawsuit Shearon, Martin and Meilner filed against the city in opposition to a development agreement that allowed Chiles to use the southern portion of his restaurant property for parking, while obligating the city to build a small public parking area next to the BeachHouse property.

Friday’s debate centered on preserving the city property, rather than denying Chiles his parking.

Citing the need for public parking, Commissioner Jan Vosburgh proposed the city lot be used for that purpose.

In response, Shearon said, “If we’re going to have parking over there, I think this conversation is done. If this body wants to have parking over there, I don’t think there’s going to be a settlement.”

Lincoln said dropping the lawsuit would not protect Chiles from future legal challenges, and he requested a comprehensive plan amendment to address parking prohibitions placed on properties holding the preservation zoning designation.

“I don’t know a way to fix this without a comp plan amendment,” he said.

Last year, Shearon and Commissioner Janie Robertson opposed the citywide comp plan amendment proposed by City Planner Alan Garrett. Approval of a comp plan amendment requires at least four votes.

“The only way this will be settled for sure is to change the comp plan. If we’re going to all dig our heels in, then we’re wasting our time,” said Commissioner Ed Straight.

Vice Mayor Jack Clarke favored a citywide amendment that would have protected the city from future lawsuits being filed by other beachfront property owners.

Perry proposed a small scale comp plan amendment for the Chiles property only, rather than a citywide amendment that could have led to additional beachfront properties being used for parking.

Martin and Meilner supported Perry’s proposal.

Meilner said, I can promise you I will never come back and sue the city over that parking lot; and I don’t have someone waiting on the next block who says ‘you quit and I’ll sue.’ For me, this ends here today.”

It was agreed that Chiles would get his parking and comp plan amendment, the city property would be preserved as a park, Martin and Meilner would drop their suit and Chiles would drop the 2014 suit he filed against Shearon.

The city property was recently cleared of non-native vegetation, as mandated by the state, and City Engineer Lynn Townsend Burnett recommended a curb-cut be installed to provide access for city and emergency vehicles, with bollards put in place to prevent parking.

The forfeiture debate

The settlement also hinged on Clarke, Straight and Vosburgh stopping the forfeiture of office proceedings they initiated against Shearon and rescinding the forfeiture resolution they adopted last fall. In return, Shearon will drop his lawsuit challenging the resolution’s legality.

“I don’t have a problem with ending the forfeiture, but I don’t see the problem with the resolution,” Clarke said, noting that the procedural document does not refer to the mayor specifically and is applicable to any commissioner.

Shearon said rescinding the resolution would protect him from future forfeiture efforts.

Because this issue involved potential personal financial gain or loss by the mayor, Shearon recused himself and passed the gavel to Clarke when consensus was sought.

Clarke proposed that the forfeiture process continue and the resolution remain in place, but he received no support for either position.

“For the sake of settling all these lawsuits, we need to dismiss the forfeiture. As for the resolution, it’s going to be revisited by the Charter Review Committee,” Straight said.

The end game

Martin also agreed to drop her lawsuit regarding a public records request she made for the e-mail records of Perry, Clarke, Vosburgh, and Public Works Director Tom Woodard.

All four lawsuits will be formally abated until the settlement is finalized. The comp plan amendment could take two months, and the settlement will not be signed or legally binding until all conditions are met, which means the parties involved must continue to work in good faith until then.

After the meeting, Johnson said, “Now we hope to get it across the finish line.”

Commission continues rental reg discussion

HOLMES BEACH – City Planner Bill Brisson presented various options to the city commission to alleviate the adverse impacts of resort housing, but stressed that he needs additional data before making any recommendations.

Regarding the first – limiting the maximum occupancy level of resort housing – Brisson said the city’s comprehensive plan limits it to two persons per bedroom with a maximum of six.

However, City Attorney Patricia Petruff pointed out that the comp plan states “six or two per bedroom, whichever is greater,” so there could be 12 people in a six bedroom house and that it only applies to zoning districts R-2 and R-3.

“When we issue rental licenses, we could list the maximum occupancy, but it would be very difficult to enforce,” she said. “I want to think about that and discuss it with the new building official.”

Brisson said the second is to limit the number of sleeping rooms, and he felt that five would be sufficient because that would allow four bedrooms.

Other options concerned parking – to base parking on the number of sleeping rooms, rather than bedrooms, to prohibit stacked parking, to limit back out parking spaces and to require commercial setbacks for resort housing built next to residential.

Regulation vs. prohibition

Finally, Brisson suggested when a site plan for a single family or duplex structure is submitted to the building department, it should review the plan for residential use and also its potential for use as resort housing

He said the building permit could include a “statement to the effect that the structure, as reviewed, is or is not suitable for use as a resort housing unit,” and that should be noted on the permit.

Petruff said she has an issue with treating resort housing so differently that they are prohibiting it.

“For an existing house that currently meets the setbacks, (you’re saying) they cannot be converted, and that’s not a lawsuit I want the city to have,” she said.

“If I demo a cottage and want to rebuild and someone says I need to make a decision right now whether its only going to be residential, that makes me uncomfortable.”

Brisson said you can’t change the location of a building or pool, but it could apply to new construction.

Mayor Bob Johnson asked if limiting the number of bedrooms is prohibiting, and Petruff said that would be regulating, but if you have a house that can never be converted to resort housing, that would be prohibitive.

“They bought it knowing that it is not allowed to be resort housing, so you’re not taking their rights away,” Chair Judy Titsworth countered.

Commissioner Jean Peelen said she advocates limiting the number of sleeping rooms and looking very carefully the other options. Titsworth said they would do more research and continue their discussion.

Tourist season in high gear

CINDY LANE | SUN

The Manatee Public Beach was filled with spring breakers
and other beachgoers last weekend.

The beach may seem less crowded than it was this time last year due to the 2014 beach renourishment that enlarged the beach, but there’s no mistake - Anna Maria Island is packed at the traditional height of the tourist season.

While the occasional late-night laughter or loud music is heard from open car windows, the Island is not overrun with the type of spring breakers that made other Florida beach communities infamous.

Most AMI breakers know what they’re getting – laid-back, sunny beach time, sans drinking contests and balcony jumping, although an airplane pulling a “Swimsuit Contest at Hooters” banner flew over the Gulf last week.

Breakers Carley Moynihan and Cameranne Smith, of Rochester, N.Y., visited the Island to see aunts, uncles and grandparents who come every year, perhaps establishing a tradition for the next generation.

They sunbathed and braved chilly Gulf waters, still in the 60s, that were made easier to take with air temperatures in the 80s.

First-time visitors and brothers Harry and Oliver Fackelmayer learned about the Island from their aunt, Claire Graham, who visits each year from Washington, D.C. While visiting her last week, they enjoyed running on the beach and eating at the Rod n’ Reel Pier.

“It’s quieter on the bayside,” said Harry Fackelmayer, of New York, adding that they liked the “Southern vibe.”

He immediately noticed the traffic problems, pronounced this time of year, and had an idea that the bridge timing might be contributing to the backups. He also suggested that incentivizing Island employees to ride their bikes from the mainland by paying them a higher wage for doing so could help clear congestion.

Oliver Fackelmayer, on break between medical school and residency, enjoyed watching the dolphins in the Gulf of Mexico and appreciated the “slow speed” of the Island.

Both said they would come back to the Island to visit.

Island ranks high

They are not alone. With high ratings on several recent tourism Top 10 lists, visitors have been flocking to the Island, and two new rankings may increase visitation even more.

Last week, Coquina Beach was named as having the best island beach sand in the U.S. and the fifth best in the world, according to Conde Nast Traveler.

“Coquina Beach, on the southern end of Anna Maria Island, is the opposite of South Beach: It’s laid-back, bordered by towering pines, and boasts perfect, unspoiled sand as fine as powder,” according to the Conde Nast Traveler website.

Earlier this month, Tampa Bay was named Ninth Best Spring Break Destination in the U.S. for 2015, according to Expedia.com.

Top 10 Island Beaches for Perfect Sand

1. Whitehaven Beach Whitsunday Island, Australia

2. Cayo de Agua, Los Roques, Venezuela

3. Cocoa Island, Maldives

4. White Beach Boracay, Philippines

5. Coquina Beach Anna Maria Island

 

6. Shoal Bay East, Anguilla

7. Vamizi Beach, Quirimbas Archipelago, Mozambique

8. Kaihalulu Beach, Maui, Hawaii

9. Playa Flamenco, Culebra, Puerto Rico

10. Playa Negrita, Vieques, Puerto Rico

Source: Conde Nast Traveler

Proposed pool setback comes under fire

HOLMES BEACH – The proposed moratorium on swimming pools with less than 10-foot side and rear yard setbacks had residents riled at two work sessions last week.

Philip Gale of 79th Street told commissioners that he bought the house next door to keep it from becoming a large, short term rental. He said the properties in that block are small and “by this action you are reducing our property values by removing the ability to have a pool therefore reducing our future and present value.”

Gale said he has talked to a neighbors, friends and family and plans to turn in a petition opposing any change in the setback. He said an additional 5-foot setback would not reduce noise or aid with drainage.

“By enacting these larger setbacks and changing the coverage area, you‘ll discourage people from renovating. They’ll be forced to build a three-story house with enough room underneath for a pool. The city needs to come up with creative ways for owners of older homes to maintain their properties at ground level.”

Resident Susan Wheeler agreed and said, “What does it matter if a pool is 5 feet or 10 feet (from the property line)? In our block on 79th Street and all the 100 blocks that I know of have very small lots. It makes absolutely no sense.”

Resident and real estate agent Gregg Bayer said the city has not done enough research on the issue to impose a moratorium and added, “People invest in our Island, and by the time they close on their property, the rules have changed. People who invest in the Island should be protected.”

He said he purchased a home for his son to live in, but if the setback changes, he can never install a pool.

Pervious or impervious

Also in discussion is the proposal to designate pools as impervious surface, which means they do not let water through. Currently, they are considered pervious surface

Michael Shannon, of Sarasota, who said he is with a civil engineering firm that prepares drainage and lot plans, said pools should not be considered impervious because they absorb 1 to 2 inches of water in rain events. He also said a 5-foot setback is ample for drainage.

City Planner Bill Brisson said that the Southwest Florida Water Management District consider pools impervious because while they collect water, they do not allow for its percolation into the ground.

Chair Judy Titsworth said she would ask City Engineer Lynn Townsend Burnett to address the issue.

Brisson also said he is recommending the increased pool setback only for resort housing.

“The reason is resort housing is occupied by more people who use pools more frequently than local residents and the frequent turnover magnifies this,” he explained.

"Have people complained about residents with 5-foot setbacks? They are not causing the problem.”

City Attorney Patricia Petruff objected and pointed out, “Florida Statute says we can regulate them, but we cannot prohibit. If you require a greater setback, for a pool or structure, I don’t care how many disclosures you have, at some point, the rubber is going to hit the road on that, and I’m not comfortable because that falls into a prohibition.”

Titsworth said they would vote on the moratorium ordinance at their next meeting, which is set for 7 p.m. on March 24.

City moves forward on rental ordinance

ANNA MARIA – Despite a warning letter from an attorney representing vacation rental professionals saying they would sue the city if it passes a vacation rental ordinance, the city commission worked to finalized the proposed law without commenting on the warning.

The ordinance represents one of the commission’s two ways of dealing with the trend toward rentals and away from single-family residences. The ordinance could recognize that short-term rentals are legal and it features ways for the city to control the rentals, instead of doing away with them.

City Attorney Becky Vose, who was attending her first city work session, said she wants to look at the ordinance because it is a regulatory ordinance, not a land use law. She said she feels she can make it work.

The commissioners discussed whether they could require vacation rentals to be American Disabilities Act compliant and whether to require sprinklers. They were told if they required sprinklers on the rental homes, they would also have to require them on non-rented residences.

Commission Chair Chuck Webb said they might add a provision that the homes could not be rented to registered sexual offenders. He said they could go to an FBI website with a list of offenders to check out the people renting homes.

They asked Voss to review the ordinance and then they could vote on it on second hearing.

She said she would finalize the ordinance and send it to city commissioners on an individual basis for their comments. She told them to advertise the second reading for the March 26. Webb wants two public hearings in case it is a land use ordinance.

Anna Maria City planner Alan Garrett said he wants the city to move from a code enforcement board to a special master to hear code violations.

“It would remove the politics from dealing with violations,” he said.

The commission reviewed its proposed gift acceptance policy. Commission Carol Carter said she wants to remove endowments as a gift because endowments need to be processed.

Under the policy, the mayor could accept any legal gift, but he has to tell the commission what it is. The mayor can receive any restricted donation as long as it is for a city approved program, activity, purposed or project. They agreed to put this policy into a resolution and vote on it.

Engineer Lynn Townsend Burnett presented an update on the Island-wide storm drainage improvement project she is overseeing. She wants to end the exemption for undeveloped properties to pay the stormwater utility tax. She wants to charge a flat rate per 100 square feet.

Commissioner Doug Copeland asked if there is any way to incentivize property owners of older homes to mitigate their properties. Burnett said since the fee is so low, it wouldn't be practical and would complicate the fee system.

Commissioners agreed to have the city attorney review the ordinance.

Finally, Murphy proposed changing the way Administrative Assistant Char Patterson handles the service window for the building department.

“Fifteen percent of the work in issuing a building permit is at the window,” Murphy said. “I want to limit the hours the window is open to the public to mornings, so they would have more time to process the permit applications in the afternoons.”

The commission gave its approval.

Congestion committee wants action on proposal

HOLMES BEACH – Congestion committee members implored city commissioners to move ahead on their proposal to eliminate street and right of way parking in residential zones R-1 through R-4, except for residents, property owners and renters that obtain decals from the city.

In January the proposal was taken off the agenda while the city worked with Manatee County to make sure there is enough parking to qualify for beach renourishment.

“This was first brought to you almost a year ago,” Chair Jayne Christenson told the board. “The committee has jumped through every hoop and hurdle you’ve asked.

“What you’re doing (moratoriums) helps the future, but it’s not going to change the existing problems we have here today. By taking action now on the residential parking issue, you will make an immediate positive impact on our neighborhoods.”

She asked them to put it back on the agenda and said, “We don’t want any more delays or stalling.”

Committee member Ursula Stemm added, “After all this work, we came up with the best solution. It needs to be decided. We didn’t do all this work for nothing. Put it on the agenda before another season goes by.”

Commissioner Carol Soustek, the committee’s former chair, said she would like the proposal to move forward and for the mayor to ask Manatee County Parks and Natural Resources Director Charlie Hunsicker to meet with the committee to clarify beach renourishment needs.

“I’m trying to set a meeting with Charlie to make sure we’re OK with parking for beach renourishment,” Mayor Bob Johnson said. “I’ll get all the information and present it to you.”

Surveyors count record number of manatees

Warm, clear, sunny days between some of the coldest days of the year assisted biologists in counting a record high number of manatees during this year’s statewide aerial survey.

The Florida Fish and Wildlife Conservation Commission (FWC) reported a preliminary count of 6,063 manatees statewide in the February count. A team of 20 observers from 11 organizations counted 3,333 manatees on Florida’s east coast and 2,730 on the west coast. This year’s synoptic survey count exceeded the previous high count for 2010 by almost 1,000 animals.

“Manatees used warm-water sites and other winter habitat areas to cope with a strong cold front that recently moved through the region,” said FWC biologist Holly Edwards in a press release. “In many of the regions surveyed, warm, sunny weather caused manatees to rest at the water’s surface, which facilitated our efforts to count them in these areas. Calm waters and high visibility also contributed to the high count.”

“We were very fortunate to have near-optimal conditions for our survey this year,” said FWRI Director Gil McRae in a press release. “The high count this year is especially encouraging, given the large-scale mortality events that resulted in over 800 deaths in 2013.”

Aerial surveys are conducted annually, weather permitting, to provide researchers with a count of manatees visible in Florida waters at the time of the survey. Because researchers have no way to estimate the number of manatees that were not visible during these surveys, scientists consider these results a minimum count of the statewide population. While this year’s results do not mean that the manatee population grew by nearly 1,000 animals in a single year, they do tell researchers there are at least 6,000 manatees in Florida waters.

You can show your support for manatees by purchasing a manatee license plate at www.BuyaPlate.com and a manatee decal at MyFWC.com/ManateeSeaTurtleDecals. Funds from the license plate and decal support manatee research and conservation.

To report a dead or distressed manatee, call the FWC Wildlife Alert Hotline at 888-404-FWCC (3922).

Year | Florida manatee deaths | Florida manatee population

2004 276; 2,505
2005 396; 3,143
2006 417; 3,113
2007 317; 2,817
2008 337; no survey
2009 429; 3,802
2010 766; 5,077
2011 453; 4,834
2012 392; no survey
2013 829; no survey
2014 371; 4,831
2015 84* 6,063
*(as of March 6)


AMISUN ~ The Island's Award-Winning Newspaper