BRADENTON BEACH – It is official. There will be a special recall election, and city voters will determine whether Bradenton Beach Mayor Bill Shearon remains in office.

City Attorney Ricinda Perry expects Circuit Court Judge Lee Haworth to issue an order this week calling for a special election in May

Vice Mayor Jack Clarke has confirmed that he will run against Shearon in the special election. Additional candidates are allowed to join the fray, but none have presented themselves in the early stages of what is now a campaign process.

Police Chief Sam Speciale served Shearon the notice of petition certification mere minutes before the start of the Thursday, April 2, commission meeting. Shearon had little time to digest this development before he conducted the meeting, and the recall was not discussed by the commission.

Shearon was served notice one day after the Committee to Recall William Shearon presented acting City Clerk Terri Sanclemente with 130 signed recall petitions. Within 24 hours, Manatee County Supervisor of Elections Michael Bennett’s office verified 121 of those petitions to be valid, which exceeds the 115 threshold required to force a special election, and equates to 15.9 percent of the city’s 763 registered voters.

When submitted in January, the first round of signed petitions took two weeks to verify.

The notice served to Shearon last week allowed him five days to resign, and stated that a special election would take place in 30 to 60 days if he chose not to.

After Thursday’s meeting, Shearon said, “I’m not going to resign, I’ve already made that clear. It would have been better if this hadn’t happened, but this way the voters are going to make the decision,”

When asked if he would challenge the recall process, Shearon said, “No. There’s no challenge to it, from my understanding, and I want it because it will bring closure.”

Shearon then addressed the two-part ballot that will first ask city voters if they wish to remove him from office, followed by a second question asking those who voted for his removal to vote for a successor.

“I’m going to be a candidate to replace myself, which is my right. I will also be running in November no matter what happens,” he said, without elaborating on why someone would vote for him to be removed, and then vote for him to replace himself.

When discussing Clarke’s intent to run against him, Shearon referred to the “resign to run” requirement contained in state statute.

“No officer may qualify as a candidate for another municipal public office if the terms run concurrently with each other, without resigning from the office he or she presently holds,” the law states.

“He’s going to have to resign his position as commissioner,” Shearon said.

When asked if that same provision applied to him, because he will also be listed as a candidate to replace himself, Shearon said it did not, because he already holds that office.

Perry said the resign to run rule might not apply because it will not be known if the mayor’s seat is actually open until the recall election takes place; and she has requested further clarification from Assistant Supervisor of Elections Scott Farrington.

Clarke is aware of the resign to run provision, and he said he is willing to take that risk if need be. In a resign to run scenario, the elected official who seeks another elected position does not resign until the election transpires, but they must step down from their current position, win or lose.

If Shearon is removed from office, the remaining quarter of his two-year term would be served by his elected successor. If Clarke is that successor, someone from his ward would be appointed to fill his vacated commission seat until the November election takes place.

It’s not over ‘til it’s over.

The sun has risen and set on Easter, but beaches, roads, restaurants and stores remain busy as visitors merely trickle off Anna Maria Island at the traditional end of the year’s high tourist season.

“It’s not over yet,” Anna Maria Island Chamber of Commerce President Mary Ann Brockman said, adding that Chamber members are reporting only sporadic one- or two-night vacancies.

With bad weather up north, “It’s definitely been the best season we’ve ever had,” she said.

“All the snow up North helps us out,” agreed Caryn Hodge, marketing director for the Chiles Restaurant Group, adding that it has been a record year at the BeachHouse, Sandbar and Mar Vista restaurants.

“People came earlier this year,” said Kelly Clark, communications director for the Bradenton Area Convention and Visitors Bureau (CVB). “We usually see a decline after Easter, but we’re going to see a healthy season.”

The Island was nearly full in February – 94 percent occupancy, according to the CVB – and March, historically the busiest month of the year, promises to trump that number when statistics become available.

Tourists should not expect to get a room without a reservation, according to hoteliers, who say people are booking one and even two years in advance during high tourist season.

“Our four resorts have been booked beyond expectations and are booking for next year, with a few booking two years out,” Bradenton Beach hotelier David Teitelbaum said.

Room rates, occupancy up

In January, the number of visitors to Manatee County was up 13 percent from the previous January to 71,300 people, according to the CVB.

The January countywide occupancy rate was nearly 72 percent, up 9 percent from January 2014. On the Island, the occupancy rate rose 7.7 percent from the previous year to 63.3 percent.

January room night sales were up 12 percent, and direct expenditures were up nearly 18 percent to more than $72 million.

The size of the average party in January remained the same at 2.6 people, and the only decrease was the average stay, which dropped from 7.7 nights to 7.5 nights.

Visitors paid an average $159 a night on the Island, up nearly 12 percent from January 2014 and $115 off the Island.

More than half of the visitors came from the snow-weary Midwest and Northeast in January and February, with Floridians the next largest group in both months.

The county was nearly full in February with occupancy up 5 percent from 2014 to 93.8 percent.

The Island swelled to 94 percent occupancy, also up more than 5 percent from last year.

In February, the number of visitors countywide was up nearly 13 percent over February 2014 to 68,800 visitors.

Room night sales in February were up 7 percent with direct expenditures up more than 18 percent to more than $79 million.

The average party size increased in February from an average 2.3 to 2.5 people, while visitors cut their stays slightly, from 7.8 nights to 7.4 nights from the previous year.

Room rates hit $184 a night on the Island, up 9 percent from last year, while off the Island, visitors paid $132 a night.

Resort tax collections up

Manatee County resort tax collections also reflect increased tourism this season.

The 5 percent resort tax is collected from owners of accommodations rented for six months or less who charge the tax to tourists.

Collections were up 27 percent in January and 16 percent in February from the same months last year, according to the Manatee County Tax Collector.

Two Island cities were even higher; Bradenton Beach collections were up 35 percent in January and 24 percent in February, while Holmes Beach collections were up 47 percent in January and 18 percent in February. Anna Maria collections were up 3 percent in each month from last year.

Island cities produced 46 percent of the county’s resort tax in January and 43 percent in February. March collections are not yet available.

The majority of the tax is allocated to CVB tourism marketing efforts, with one of the five pennies allocated to beach renourishment.

ANNA MARIA – Guests should have their paddles ready to bid on fabulous live auction packages at the Silver Affaire, the 25th anniversary of the annual event to be held in the AMI Community Center’s Grand Ballroom on Saturday, April 18.

Packages at the dinner fund-raiser feature everything from a private jet to a tropical island to exclusive dinners to the ultimate fly-fishing experience. A sampling of them include:

Four guests will depart from the Clearwater Airport by private jet to spend five days and four nights at the lavish Mainsail Scrub Island Resort, Spa and Marina in the British Virgin Islands. Enjoy fantastic views from a two-bedroom ocean villa.

A private motor coach will take four guests to the Tampa Bay Lightning playoff game. The evening includes a pre-game gourmet meal, an opportunity to meet and greet team executives, four premium seats and a player bench tour.

For the fishers, it’s all about the trout with a fly-fishing trip for two in the heart of Montana’s blue ribbon trout streams. Experience some of the world’s classic fly-fishing rivers with a world-class guide. Opportunities include Yellowstone, Madison, Gallatin rivers, as well as local spring creeks.

The package includes four days an three nights at the lodge in Bozeman, Mont., with breakfast at the lodge and lunch on the river.

In addition to live auction action, guests can win an 18K yellow gold ring set with a 10-carat octagon cut African amethyst surrounded by diamonds donated by Bridge Street Jewelers. The ring will be inside a treasure chest. Guests will purchase a key, and the one that opens the lock on the treasure chest at the Affaire wins the ring, valued at $5,000.

Or guests can head on down the highway on a 2003 Anniversary Edition Harley Davidson 1200 Sportster donated by the Center’s Executive Director Cindy Thompson. There are only 125 tickets available for $125 each at the Center, 407 Magnolia Ave., Anna Maria, or the night of the Affaire, when the drawing will be held.

Guests also will be able to take advantage of online and mobile bidding in the silent auction. People can bring their own cell phone or use one provided by the Center, and instructions will be provided at the event.

HOLMES BEACH – In a report to the mayor, City Planner Bill Brisson has recommended against a request to allow a home at 5601 Flotilla Drive to become a bed and breakfast.

“Over the years, there have been inquiries about changing the use of the property,” Mayor Bob Johnson explained. “The owners asked if a bed and breakfast could be a possible option, and I asked the planner to take a quick look at it.”

In his report, Brisson said the property is zoned R-1, allowing a single family home, and the future land use designation in the comprehensive plan is low density residential.

He said the city has no definition of bed and breakfast, but “it would be reasonable to expect that wherever a hotel or motel is listed as an allowable use, a bed and breakfast could also be an allowable use.”

However, the only zoning district where hotels/motels are allowed is A-1, but in order to rezone the property to A-1, an amendment to the future land use map to change the future land use category would be required.

“In my opinion such an amendment would not be possible because it is inconsistent with the comprehensive plan,” Brisson said because that land use category “is intend only to be applied to lands adjacent to the Gulf of Mexico.”

Other uses

In addition, while bed and breakfast could be added as an allowable use in a commercial district, Brisson said it is unlikely that this property would qualify to be converted to commercial use.

“This is because each of the city’s commercial zoning districts requires a 30-foot side yard if the commercial use is adjacent to property zoned residential,” he explained. “The existing side yard on the north side of the property and the rear yard of the subject property appear to be nowhere near the 30 feet that would be required …”

He said possible uses under R-1 zoning include a community residential home, a family day care home and a foster care facility.

LONGBOAT KEY – A scooter rider was injured Sunday, around 2 p.m., when he apparently was distracted and ran into the car ahead of him on the Longboat Pass Bridge.

Skip St. John was anchored off the bridge when the accident occurred.

“I heard the accident, the bridge was up and traffic was stopped,” he wrote in an email. “The green motorcycle didn't stop and ran in to the back of the car. My best guess is he was looking down at the boaters on Beer Can.

“A guy riding a bicycle in a red shirt administrated some first aid to him with the help of a towel and some ice from the boaters below,” St. John added. “The response time was pretty good considering the traffic. The ambulance workers looked like they were working on the victim but drove away with no lights or sirens.”

According to the Longboat Key Police Department, Dylan Zachary Loeschman, 21, was riding the motor scooter northbound on SR 789 and ran into a Chevrolet Cobalt driven by Alfredo Chavez, 19, which was stopped on the bridge for traffic. Both men are from Bradenton.

When Loeschman hit the rear of Chavez’s car, he was ejected from the scooter into the trunk area, and his head went through the rear window. He ended up on the car before sliding off and onto the pavement. Loeschman was taken to Blake Medical Center with a broken nose, while Chavez was not injured.

Neither driver had a license, and Chavez had never had one. Neither vehicle was insured. Loeschman was charged with driving without a license, no motorcycle endorsement and careless driving, while Chavez was charged with no driver’s license.

The accident tied up traffic for almost two hours.

BRADENTON BEACH – Charter review committee members sought and received city commission direction regarding their role in amending the city charter as it pertains to forfeiture of office procedures.

Last week’s commission discussion also revealed a committee member discovery that may significantly alter what a new forfeiture policy looks like.

The commission unanimously agreed the committee should continue reviewing the six forfeiture provisions currently contained in the charter last reviewed in 2010. The committee has also been asked to produce a thumbnail sketch that provides the basic framework for a new policy.

This framework would serve as the basis for a new ordinance or resolution that would provide specific policies and procedures if the need for future forfeiture efforts should arise.

The need for a new forfeiture mechanism is driven by the commission’s recent global settlement concession that the forfeiture resolution adopted in October would be rescinded.

All suggested charter amendments require commission support and city voter approval.

Committee request

Forfeiture was the primary topic at the review committee’s March 26 meeting, which ended with a request for commission guidance.

The meeting began with resident John Metz clarifying his previous suggestion that Article II, Section 6, Subsection b be amended in a manner similar to the Holmes Beach charter or discarded completely.

Subsection 6 allows for an elected official to be removed from office for violating any standard of conduct established by law for public officials. The Bradenton Beach charter does not state what constitutes a violation or who determines if a violation occurred, however, the charter language is governed by Florida Statute 112, which provides a legally binding code of ethics for public officers and employees.

In regards to ethics violations, the Holmes Beach charter includes additional language that states: “… such violation to be determined by the remaining members of the commission, after review of the issue by the Florida Commission on Ethics pursuant to Chapter 112, F.S.”

Committee Chair Rick Bisio originally supported Metz’s position because it would takes subjective determinations away from commissioners and relegates that authority to the state agency.

City Attorney Ricinda Perry cautioned that this approach would severely hinder the city’s ability to remove a commissioner for malfeasance, misfeasance or nonfeasance. Malfeasance is intentionally committing an illegal act; misfeasance is a legal act performed in a wrong or mistaken manner; nonfeasance is the failure to act.

Without these provisions, a commissioner could only be removed from office for being convicted of a felony, failing to attend three consecutive regular commission meetings without formal excuse, becoming physically or mentally incapable of performing duties of office, lacking basic qualifications to serve or voluntarily changing their permanent residence to an area outside the ward from which they were elected.

Committee member Barbara Hug agreed the city needs the ability to address malfeasance, misfeasance and nonfeasance.

New member Jake Spooner suggested forfeiture charges be reviewed by a local special master rather than a state agency, which he feels would be faster and more effective. He also suggested commission-initiated forfeiture require super majority (four-fifths) commission support, instead of the three-person majority currently allowed. Spooner replaced Barbara Rodocker when she resigned from the committee last month.

Member John Burns remains adamantly opposed to any policy that allows three commissioners to remove an elected official from office; he believes that right should be reserved for city voters. He also feels the commission should create the new forfeiture policy because they are the group requesting it.

Game changer?

Before consensus was reached at last week’s commission meeting, Perry explained that Bisio was reconsidering his position on the ethics commission.

“Mr. Bisio contacted me after doing a tremendous amount of independent research on this topic, and he is saying the Holmes Beach approach is not going to resolve the issues,” she said.

According to Perry, Bisio placed a call to Tallahassee and was told the ethics commission would not make a determination as to whether an alleged offense warranted forfeiture.

“All it comes down to is do they have to pay fine? This is what I was trying to explain to the committee. When it goes to Tallahassee, they’re never going to compare it to our charter and our requirements,” she said.

Perry said Bisio requested a copy of the employee handbook because it might provide a starting point as to what warrants the removal of a city employee. She said Bisio also mentioned outside arbitration.

The forfeiture discussion will continue at the Thursday, April 9, committee meeting.

 

HOLMES BEACH – City Engineer Lynn Townsend Burnett enlightened city commissioners on swimming pool issues and drainage at a recent work session.

“Things can be done to reverse the damage,” said Burnett, who has spent 20 years of experience working on barrier islands, with a specialty in drainage. “But for every new permit that is issued, we’re only exacerbating those problems until we can get them fixed.”

At a previous meeting, commissioners approved a moratorium on swimming pools with less than 10-foot side and rear yard setbacks. The current setback is 5 feet.

Townsend said requiring 10-foot setbacks are like “adding one layer. That isn’t the answer. The answer is multiple layers.”

She said that builders should be required to install adequate drainage systems.

Chair Judy Titsworth said she thought the city required an engineer to certify drainage, but City Attorney Patricia Petruff said the code says, “The building official may require the design and construction of the proposed stormwater management system be certified as meeting the requirements of this ordinance by a professional engineer, architect or landscape architect.”

“I’m beginning to understand that 5 feet doesn’t matter,” Commissioner Marvin Grossman said. “It’s the drainage plan that matters.”

“And have it reviewed by a qualified professional.” Townsend added.

Building Official Jim McGuiness recommended that they change may to shall in the code and that “all new construction, even single family, is required to have an engineered drainage plan by a certified engineer and a city stormwater technician go out prior to CO (certificate of occupancy) and confirm that drainage plan is actually achieved.”

Current drainage project

Townsend said in the current drainage project, engineers have found a layer of clay that doesn’t allow water to percolate, so “if you have a very large structure and a side yard swale, if it’s sitting on top of clay, it’s nothing more than a bathtub.

“The practicality of it is if we can penetrate the muck layer and provide the ability for the water to infiltrate again, we don’t have to rely solely on our outfalls that discharge into the bay. We can rely on infiltration into the ground.”

She said the current drainage project includes installing filtration trenches and filling them with stone and filtration fabric, which allows the water to filter down into the ground. As it travels down, it gets cleaned and discharges into the ground water.

“The other part is a requirement that they do the same thing in their side yards,” she continued. “Then that water is never coming onto the neighbor’s property again. They can landscape, there’s no open ditch, it’s low maintenance and people can get full use of their yards.”

She said she is working with City Planner Bill Brisson to review language in the code to establish city standards.

In addition to the pool moratorium, commissioners have been discussing a proposal to designate pools as impervious surface, which means they do not let water through. Currently, they are considered pervious surface.

Townsend said she considers pools impervious, and McGuiness agreed.

Planner examples

Brisson presented examples of how pools could be built on single family, duplex and non-conforming lots. They showed that two pools could be built on duplex lots of 8,720 and 8,755 square feet.

However, regarding duplex lots, he stressed, “The duplexes in this community were modest priced housing and intended to be small buildings. They were not intended to be these huge things and not intended to have pools.”

On non-conforming lots he said he showed a 5-foot setback for the pool, but said if pools were considered impervious, it wouldn’t work.

“Speaking as a planner, non-conforming properties have the right to build a house, but there’s no provision that says you can have a big house and also a pool. Those lots weren’t expected to have pools at that time. Now they are.”

He said developers are buying non-conforming lots and “if we make it harder to build a pool, that’s not a bad idea to me.”

Commissioner Jean Peelen said she is concerned about owners of older homes on non-conforming lots that want to build pools.

“I strongly recommend a 10-foot pool setback, however, on non-conforming lots, the owner could apply for a special exception, which is case specific. It’s another level of review,” McGuinness said.

McGuiness also said, “The notion of two pools on a duplex lot is a new one for me,” and that he is shocked that the city allows 5-foot setbacks for pools.

Resident Dick Motzer presented a power point presentation showing issues with houses under construction and said, “I’m concerned about the pools, the water runoff, the height of pools, the dirt as fill. If we don’t go with one pool on duplex lots, we’ll have 17 pools around our house, and I don’t think that’s right.”