The Anna Maria Island Sun Newspaper

Vol. 15 No. 22 - March 25, 2015

headlines

Tour offers unique variety of homes
Carol Whitmore

pat copeland | SUN

A crowd waits in line to enter the Cole home
on Archer Way in Anna Maria.

HOLMES BEACH – The day dawned bright, but not too hot, a perfect combination for the 22nd annual Island Community Center Tour of Homes Saturday.

The enthusiastic crowd loved the variety of homes on the tour from spacious elevated structures to a sprawling historical house to a quaint ground level beach cottage.

The first thing visitors said about Home #1 at 105 49th Street in Holmes Beach was “a view to die for.” Every angle was taken advantage of to capture Gulf views from nearly every room.

A family from the UK was especially taken by the Bahia blue granite kitchen counter tops and Gulf view from that room and said, “It’s amazing; it’s simply wonderful. It’s our favorite so far.”

Built in 1956, House #2 at Flotilla Drive in Holmes Beach is an eclectic mix of old and new. It is exceptionally large for an older Island home and features a multitude of rooms that open onto the home’s central feature – a grotto pool with waterfalls and surrounded by stone and lush tropical plants.

It elicited comments including, “Very unique.” “Remarkable.” “Interesting.”

House #3 at 5803 Imperiore in Holmes Beach is one of the Island’s original cement block homes that was renovated by its current owner and expanded from 1,000 to 1,200 square feet. It made great use of the small space and many said it was their favorite.

One declared a bedroom done in various shades of blue as “peaceful and looking like the ocean.”

House #4 at 218 Archer Way was built in 2014 to accommodate family visits and features four bedrooms and nautical colors. Visitors loved the large kitchen with “oodles of counter space," sea tones and nautical theme.

Completed just in time for the tour, visitors remarked about the many interesting aspects of House #5 such as a mirror framed in oyster shells, stressed file cabinets used as end tables in a bedroom and a trio of whimsical fish bedspreads.

“It’s spectacular,” declared Grace Held, of Wisconsin, while Linda Wallander, of Rhode Island, “loved the pool area” with its hot tub, fire pit and floating tiki hut.

Nancy Kelley, with a group from Brandon/Valrico, summed it up, “We’ve been coming for years. They are all gorgeous, and we love finding ideas that are simple but not terribly expensive.”

The tour of homes welcomed about 1,000 visitors. The tour, the raffle of the tour’s quilt, “Seas the Day on AMI,” and the boutique raised $35,000 for the Community Center’s programs and services. The quilt was won by Helene Hyland.

Developers, rental agencies threaten city over rental action

As the city commission continues to try to get a handle on the runaway growth of big vacation rentals in the residential district, rental agents and developers are threatening to sue over the lack of progress or the intent of the city’s actions.

The latest to join the action is Pine Avenue Restoration (PAR), the group behind redevelopment of the city’s commercial district.

Attorney Andrea Flynn Mogensen, PA, sent a letter to Mayor Dan Murphy and the city commission March 12 threatening “expensive litigation” over the ordinance the city is working on to regulate vacation rentals. She said the ordinance violates the state statute making it illegal for a governmental entity to “prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals.” She said it also “jettisons efforts by the mayor and all stakeholders to arrive at an agreement that best serves the city, and instead advances misguided legal positions contrary to law and equity.”

Mogensen said extending the ordinance to cover the ROR district along Pine Avenue represents an arbitrary revocation of PAR’s vested rights in equity, fairness and the law previously established through an extended public process.”

Local attorney Scott Rudacille, who works for Blalock Walters and represents a number of property owners in the city, took exception with the declaratory judgment, rental licensing ordinance and the ongoing moratorium on permits for properties with four or more bedrooms or rooms that could be bedrooms.

His letter of March 11 says to get a declaratory judgment, the parties involved have to be in dispute and if the city arbitrarily chooses to take action against a rental property, it would be inappropriate because it would single out one such property owner.

As for the rental ordinance, Rudacille said it is modeled after Flagler County’s ordinance that was worked out with all parties concerned and it makes a number of efforts to recognize existing property rights in order to limit the county’s liability, but the county was sued anyway two weeks ago.

“Alarmingly, the city of Anna Maria’s version has removed most of Flagler County’s legal safeguards and has added a number of oppressive provisions, again without the advice of counsel,” Rudacille’s letter said.

Rudacille said property owners have been extremely patient with the lack of progress on the moratorium and if it continues to exist, the city could face lawsuits from those who feel their property rights and values are decreasing.

Finally, Sean Kelly, of Najmy Thompson, Attorneys at Law, has asked for public records and inspection reports for properties at 205 Elm Ave., 205 South Bay Blvd. and 428 Magnolia Ave. These properties are being developed by AMI Breeze LLC, Beach to Bay Investments, Inc. and Island Savvy Ventures LLC.

Kelly’s email said the developers are preparing to file complaints against

Pier eviction dispute continues

BRADENTON BEACH – The Cast-n-Cage restaurant is still open despite the city’s ongoing efforts to evict its Historic Bridge Street Pier tenants.

The fate of pier tenants Roland Pena and Tami Kemper-Pena remains uncertain, but city officials are already making preparations to conduct a search for a new tenant if the eviction efforts prove successful.

The proprietors of the city-owned restaurant space, bait shop and concession stand are contesting the city’s request to vacate the premises for repeated failures to pay their monthly rent in a timely fashion, including the March 1 payment.

As of Monday morning, both parties were still awaiting a hearing and a circuit court judge’s ruling on the writ of eviction filed by City Attorney Ricinda Perry.

If the judge rules in favor of the city, the Penas will be given a limited amount of time to move out. If the judge rules in favor of the Penas, the city’s plans to find a new tenant will remain on hold.

On March 5, Pena attempted to submit to the city a cashier’s check for $6,265, but city staff had been instructed to refuse late payment because the tenants are no longer afforded a five-day grace period. This was agreed upon in November, when the Penas sought and received the city commission’s permission to make a late, lump sum payment to cover their November and December rent.

The declined March payment has been placed in an escrow account as part of the Penas efforts to stave off eviction.

A March 5 memo to the city, sent by attorney John Fleck, states,- “Cast and Cage LLC disputes the validity of your termination notice and the legal basis for such termination.”

The Penas are also contesting the three percent rent increase levied by the commission in February and effective March 1.

A Feb. 18 memo attorney Donald Yetter sent to the city challenges the rent increase based on whether the one year anniversary of occupation and operation signifies the conclusion of the first term of a multi-term lease.

“It is my clients’ position that the rent due for the restaurant portion of the pier lease should remain at $5,500 until the end of the first term of the lease and that the payment due for March 2015 should remain at $5,500,” Yetter wrote.

Although he is challenging the rent increase, Pena recently stated his belief that the rent increase triggered a new annual cycle for the city to calculate late or missed payments, which he feels would prevent the city from evicting him.

City Attorney Ricinda Perry disagreed with this assumption.

What next?

In the event that a new tenant is sought, commissioners were presented last week with draft versions of a new request for proposal form, and a new concession lease agreement. Both documents are based on those used by Manatee County for its beach concession vendors.

If adopted, the new lease terms would differ significantly from the lease the Penas signed in late 2013. The draft lease calls for a monthly base rent of $2,500, which equates to $30,000 annually. Mayor Bill Shearon said the base rent could be raised to $3,500, which would amount to $42,000 annually.

The draft lease also calls for revenue sharing based on a yet to be determined percentage of the total gross receipts to be paid monthly and additional unspecified revenue sharing percentages for annual gross sales, less sales tax, that exceed $250,000 and $650,000.

If put out for bid, the pier lease would include specific percentage rates upon which interested parties would base their bids. The percentages offered in the sealed bids would help determine who the next tenant is and could be further negotiated once the bids are opened.

During last week’s discussion, Vice Mayor Jack Clarke also emphasized his desire that the next tenant have a proven track record of business success.

Mayor looks at water taxi service

ANNA MARIA – Water taxis played a big part in bringing tourists to Anna Maria in the early years and the mayor is looking to bring back the service from Pinellas County to the Island.

Mayor Dan Murphy says he is investigating the possibility of a charter boat operation coming to the Island, but not to the Anna Maria City Pier.

“The West Coast Inland Navigation District is studying a jetty for Lake LaVista to cut down on the need for dredging,” he said. “If we could extend the jetty out by the mouth of the lake, passengers could use that.”

Murphy said using the pier would place more demand on parking and get in the way of anglers.

He said he has talked with Mark Hubbard, of St. Petersburg, who runs a taxi service from there to Fort DeSoto.

In addition, the Manatee County Convention and Visitor’s Bureau is expressing interest in spending money for a comprehensive survey of the pier’s pilings and stringers to determine its viability. He said the county agency would spend bed tax money to pay for 50 percent of the study. The estimated expense is $59,780, meaning the city would have to come up with $29,890.

“We have some money in our pier contingency fund to help cover the city’s portion of the study,” he said. “I won’t use ad valorem (the city’s property tax income) to pay for it.”

Global settlement inches forward

joe hendricks | sun

If the global settlement is successfully implemented,
this city property will be beachfront park, rather than
a public parking lot.

BRADENTON BEACH – City Engineer Lynn Townsend Burnett has developed a plan that allows the city to comply with a state-issued environmental permit, while still protecting the city’s interests regarding a proposed global settlement.

During last week’s meeting, Burnett updated city commissioners on her efforts to close out a Florida Department of Environmental Protection (FDEP) permit that mandates non-native vegetation be removed from a city-owned property. The permit was necessitated by a 2012 development agreement the city entered into with BeachHouse restaurant owner Ed Chiles.

The global settlement proposed by Mayor Bill Shearon earlier this month calls for the beachfront municipal property located across the street from city hall to be used as a park instead of a public parking lot. If successfully implemented, the settlement agreement would preserve Chiles’ right to use his adjacent parcel for restaurant parking, while ending four pending lawsuits, and the forfeiture of office proceedings initiated against Shearon.

The FDEP permit expires on April 15, before certain settlement conditions can be met, including a small scale comp plan change for Chiles’ property.

In order for the FDEP permit to be closed in a manner that would still allow for the public parking lot approved by the commission majority earlier this year, wheel stops will placed on the city property. The wheel stops will not be pinned in place, which will allow for them to be removed if all other settlement conditions are met.

“Once we’re all done, public works can pick them up, and they can be used elsewhere in the city,” Burnett said.

During the meeting, Vice Mayor Jack Clarke expressed concern that the city was meeting its settlement obligations, while attorney Ralf Brookes, on behalf of Shearon and lawsuit plaintiffs Tjet Martin and Jo Ann Meilner, was not actively engaged in the process.

After the meeting, Clarke expressed concern that Brookes’ non-participation is shifting the financial burden to the city in regard to the legal services being provided by City Attorney Ricinda Perry and attorney Chuck Johnson.

During the meeting, Clarke received assurances from Burnett that the city property is protected should the settlement fall through.

Burnett said the city would not need a new permit to comply with the original development agreement, and public works would simply have to remove the rope and bollards and pin down the wheel stops in order for the city lot to be used for parking.

Burnett suggested that any remaining funds from the commission-approved $14,500 parking expenditure be used for educational signage, landscaping, benches, and other amenities, if a settlement is reached.

“What I have before you is about as flexible as we can possibly get, regardless of the outcome,” she concluded. “This will work either way; whether the settlement is completed or not,” Shearon added.

Appearing on behalf of Chiles, attorney Robert Lincoln addressed Burnett’s efforts and the city’s ongoing obligation to build a city lot that connects with the BeachHouse lot should the global settlement efforts fail.

“This action could technically be considered a violation of the joint development agreement between ELRA and the city. At this point, it’s not an absolute clear breach and repudiation of the agreement, so ELRA is not going to object to this action being taken. What I need to put on the record is that by agreeing to this, ELRA is not waiving its objections to this change in the direction in the event that the settlement agreements do not occur and go forward,” Lincoln said.

Holmes Beach may lose post office boxes

pat copeland | SUN


These post office boxes in Holmes Beach may be
a thing of the past, forcing box holders to go to
Anna Maria or Bradenton Beach.

HOLMES BEACH – Mayor Bob Johnson has appealed to state and federal elected officials to help convince U.S. Postal Service (USPS) officials to keep the post office boxes in Holmes Beach.

‘Without explanation, the USPS has unilaterally decided that more than 230 active post office boxes must be relocated to one of the two government operated post office facilities in Anna Maria at the northern end of our Island or in Bradenton Beach at the south end of our Island,” Johnson said in his letter.

He said the relocation would force more than 200 residents and business owners “to drive 40 to 50 minutes round trip on already heavily congested roads … ” He said it would cause an unnecessary burden on them and businesses would have to go to the expanse of printing new business cards, stationary, envelopes and advertising materials.

Peggy Myers, who has had the contract with the USPS in the city for 20 years, said she hopes to retire and is seeking someone to take over the contract, but said without the post office boxes, the contract is financially unfeasible.

She said if no one takes the contract, it could result in the loss of all postal services at this location. She added that that there already are parking problems at the other Island post offices, and this would create more problems.

“It doesn’t make sense,” Myers said. “The work still has to be done.”

Johnson said the decision that the post office boxes would not be transferred to another contract holder “essentially deals a death blow to postal service within the city of Homes Beach. The decision and the manner in which it was made and conveyed shows a complete disregard for the viability of the local post office service delivery to our residents as well as our tens of thousands of visitors.”

“I’ve put my retirement on hold until this gets resolved,” Myers said. “All we can do is ask them to reconsider. I hope the publicity will help change their minds.”

She asked residents to write:

• U.S. Rep. Vern Buchanan, 1051 Manatee Ave. W., Suite 305, Bradenton, FL 34205;

• State Sen. Bill Galvano, P.O. Box 218, Bradenton, FL 32406;

• State Rep. Jim Boyd, Suite 100, 717 Manatee Ave. W., Bradenton, FL 34205-8654;

• State Rep. Greg Steube, P.O. Box 110713, Lakewood Ranch, FL 34211.

Historical luncheon honors founders, others

Irene pearman | Submitted

From left, founders Carolyne Norwood and Pat Copeland
were honored by the AMI Historical Society at the
group's 25th anniversary luncheon Thursday.

STAFF REPORT

ANNA MARIA– Members and friends of the Anna Maria Island Historical Society gathered Thursday to celebrate 25 years and honor their founders, Carolyne Norwood and Pat Copeland.

At the luncheon held at The Studio at Gulf and Pine, President Maureen McCormick presented the two with bouquets of flowers and said the group planned to install a Founders’ plaque inscribed with their names on the grounds of the museum park.

“I was taken completely by surprise,” Copeland said. “It was such an honor to be recognized.”

“I was overwhelmed,” Norwood said.

Norwood spoke on how she and Copeland, both Island reporters, were brought together by Mayor Ray Simches in 1990 to start the Historical Society.

Lizzie Vann honored

McCormick also recognized member Lizzie Vann and said, “As a non profit, when you have a special projects, you need to rely on gifts and grants to help you achieve those goals. When you tell your story of why you’re worthy or your project is important, they ask in the grant process, ‘Who else believes in you?’

“Lizzie made two very important gifts to us of $10,000 a year for the past two years to help us in our plans for the future. That we have a preservationist and community leader who believes in us enough carries a lot of weight. Thanks for your gifts and believing in us.”

McCormick said Vann’s donation plus $2,000 in grants from the Bishop and Parker foundations and $4,000 from a Save the Trolley grant would go toward the match for Manatee County’s $25,000 grant. The money will be used to remodel the museum and move the front door back to Pine Avenue.

“It’s our goal not to take away any of the charm of the museum, but to allow us to be more accessible to ADA, to make a better experience as people go through and to refresh the exhibits and make them chronological,” McCormick explained.

Others recognized

Member Ruth Burkhead, a volunteer for many years, was honored for her 99th birthday and presented with flowers.

Board member and volunteer coordinator Jon Crane praised the museum docents and said, “I have a heart full of love and respect for the docents. Everyone brings their own passion and take on it.”

Bread coordinator Susan Anderson thanked those who bake loaves of Old Settler’s Bread each week to sell in the museum. She especially thanked Betty Spear and Allan Gilcrist, who have baked bread for 20 years.

McCormick said the value of the volunteer hours of the docents, bread bakers and board members is $176,000 per year.

“In this day and age, surviving 25 years as a non-profit struggling to survive is especially difficult,” McCormick said. “We are very much like any other entrepreneurial enterprise, which usually starts with a pretty good idea, but a not a lot of resources.

“Thanks to our volunteers, our members and our board past and present, the Anna Maria Island Historical Society is here and stronger than ever. It is with great pride that we celebrate our 25th anniversary.”

Key Royale Golf Club: 50 years

AMI historical society | SUbmitted

This aerial photo shows the beginning of the Key Royale Golf Club.

Note: This history is adapted from one written for the club’s 25th anniversary by the same reporter for the Anna Maria Islander Press in 1989.

HOLMES BEACH – The Key Royale Golf Club sparkles like a bright green gem near the north end of Key Royale.

The course and clubhouse are the focal point for many of the Island’s golfers. The club, which began as an exciting and innovative idea more than 50 years ago, was born in an announcement in 1964 by Key Royale, Inc., the key’s developers.

“From time to time, the owners of Key Royale have discussed the possibility of a golf course on Key Royale, We feel that a golf course would be a wonderful asset to all of the people on Anna Maria Island, as well as the people on Key Royale,” it said.

“Therefore we are willing to set aside a tract of 25 acres, which would eventually have made 60 lots and to receive in payment, therefore, $50,000 in common stock of the golf course corporation provided, however, that said golf course should be operated in such a manner that it will be an asset to the neighborhood as well as the entire community.”

Howard Adams, who worked with the Key Royale developers as a broker and later became a partner, recalled, “Some of the buyers and others on the Island realized that we had the only site that could be used for a golf club. They asked if we would consider it.
“I thought we could sell the remaining homes faster with the amenity of a nine-hole, executive gold club. I had a feeling it would be a great asset for us.”

After a feasibility study, it was determined that another four acres was needed. This brought the land cost up to $66,000. With the added costs of filling, developing the site and building the course and clubhouse, the total figure for the club was nearly $200,000.
Next came the membership drive and the sale of stock. Brochures, which included an aerial photo of the club site, a brief history, proposed facilities, membership fees and a course layout, were distributed to potential members.

Stock sales were steady, recalled long-time member Bob Hathaway and “by August of 1965, work on the club started. The original officers and greens committee were Dr. Gail Hamilton, Frank Schroeder, Dr. Edgar Huth, Merrill Tritt, Howard Adams, Bill Lee, Frank Smalley, Peder Michelson. Col. Jim Cochran and Art Rippenhagen.”

A dedication and flag raising ceremony was held on Dec. 15, 1966. The initial membership was limited to 225.


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