The Anna Maria Island Sun Newspaper

Vol. 15 No. 45 - September 9, 2015

headlines

Amended rental ordinance adopted

ANNA MARIA – To the joy of some and the chagrin of others, city commissioners adopted the amended vacation rental ordinance last week.

In doing so, the City Commission unanimously agreed to alter the open-ended nature of a previously debated grandfather clause that allows occupancy levels greater than the eight-person maximum stated in the ordinance.

Additional occupancy will be allowed if the property owner or representative can prove an existing rental unit sustained a greater average occupancy during a four-month period.

Commissioner Dale Woodland has repeatedly opposed an exemption that could potentially allow 15 or 20 occupants, and last week he finally garnered some support from the other commissioners.

As a legislative placeholder, the commission agreed to cap the grand father allowance at five years, with the understanding that this could extended an additional five or 10 years based on an expert’s review of actuary earning figures regarding potential lost income and recouping one’s initial investment.

Prior to Thursday’s meeting, the grandfather clause had no expiration date.

In order to qualify for the occupancy exemption, the property owner must meet the one-time Dec. 15 application submission deadline. If missed, the property will no longer qualify.

If city staff verifies the application to be accurate, final occupancy will be established by special magistrate. If staff fails to confirm the requested occupancy level, the applicant has 20 days to request a hearing.

If the applicant provides intentionally false or fraudulent documentation, the applicant would be disqualified to serve as a rental agent for one year, and the property would not receive a rental license for one year.

Upon further review

The recent efforts to amend the original ordinance adopted earlier this year were an attempt to address complaints listed in the first of two ordinance-related lawsuits filed against the city.

The 30-minute agent response time to a complaint has been increased to one hour, and property owners can also opt out of retaining a rental agent if they chose.

Those who operate a rental without an agent are still required to adhere to all provisions in the ordinance, except for the one hour response time and weekly inspections. The property will also be subject to all other applicable city ordinances and regulations.

A property that receives three unresolved violations or six total violations in a 12-month period would lose the ability to serve as a rental for one year. Greater violation allowances are also in place for rental agents and agencies.

Violations include noise, parking, exceeding maximum occupancy and failing to post a list of current occupants and registered vehicles inside each unit.

Using a federal data base, the property owner or representative is expected to ensure that no guests are registered sex offenders.

The ordinance no longer regulates pool use, but a separate citywide pool-specific noise ordinance is in the works.

As of Jan. 1, a $1,000 vacation rental license will be required for each vacation rental operated in the city. Owners are encouraged to file their license applications beginning Oct. 5, with street-specific filing deadlines in place during November and December. A second application period will begin on Jan. 4.

Operating a vacation rental without a license would violate city ordinance.

Once a license is issued, advertising for the licensed property must disclose its maximum occupancy.

The ordinance applies to short-term rentals that are rented for less than 30 days at a time.

Funded by the new license fees, the city’s 2015-16 fiscal year budget calls for approximately $512,000 in code enforcement expenditures, which is a significant increase from past years.

Public divided

Public input given was again divided.

Debbie Kilichowski expressed fears that the ordinance would diminish property values.

Jill Morris suggested greater control of rentals would lead to increased property values. She also compared the constant presence of weekly renters to Chinese water torture.

Janet Aubrey said it is important for the commission to do what it can to offset reductions in home rule authority legislated by the state, and Bill Iseman thanked the commission for enacting the ordinance.

John Castellano called the ordinance disgusting, and Rosalind Covine likened it to communism.

Michael Trauner said the primary reason he and many others rent their properties is to pay their property taxes.

After the meeting, some who still oppose the ordinance suggested a third lawsuit may be forthcoming.

Moratorium on hold

BRADENTON BEACH – City commissioners are taking a deliberate and measured approach in response to citizens recently requesting the enactment of a building moratorium in Bradenton Beach.

Last week’s City Commission meeting began with Mayor Jack Clarke informing attendees that the agenda item calling for commission discussion on a possible moratorium had been removed. Commissioner Jan Vosburgh later explained that she asked that her requested agenda item be removed out of concern that acting too quickly could result in the city being sued.

Later in the meeting, it was decided that City Attorney Ricinda Perry would conduct a preliminary legal view before the commission moved forward with the potential enactment of a six-month moratorium on the construction of residential structures containing four or more bedrooms.

In order to avoid costly lawsuits, Perry told the commission the enactment of a moratorium would require a new ordinance, which in turn would require two public hearings. She said this process would take approximately a month to complete.

She also referred to the Anna Maria City Commission's moratorium that resulted in that city being hit with a lawsuit.

“This commission does not want to go down that path. I advised them to reject an immediate moratorium,” she said.

During the general public input that began the meeting, Holmes Beach Commissioner Jean Peelen said her commission is taking a two-pronged approach that addresses how large of a structure can be built in residential zones and how many people can occupy those structures.

Bradenton Beach Planning and Zoning Board member Frank Harrison said he was disappointed that the commission decided to remove the moratorium discussion from the agenda.

When discussing the remaining agenda item pertaining to Clarke’s previous suggestion that a citizen’s panel be formed to assist the city in the moratorium discussions, resident Joanne Keir said, “That’s a great idea, but I think it’s best put in place after the moratorium. I think it’s essential to the put the moratorium in place now and not waste any time.”

In regard to the number of bedrooms suggested for a proposed moratorium, resident JoAnn Meilner said, “I think making a moratorium for four bedrooms is excessive. You heard Commissioner Peelen say they stopped at five bedrooms (in Holmes Beach). There are people with three children that would like to have a four bedroom home. Once you get beyond that I think you get into the rental homes.”

Sandpiper Resort resident Ted Baird said he opposes enacting a moratorium simply because 15 residents are in favor of it. He said it may already be too late to correct the exodus of full-time residents and he suggested consolidating all three Island cities and forming the singular city of Anna Maria Island.

Lisa Kelly opposed the moratorium and said the commission needs to change the zoning laws rather than create what amounts to a tax on property owners who exceed a certain number of bedrooms.

Commissioner Janie Robertson said more structure and specifics were needed.

“I think we need to do this and I just hope it’s not too late already,” Vosburgh said.

After noting that a large number of big houses are being built near his home, Commissioner Ed Straight said he favors a moratorium but asked if the suggested six-month time frame could be shortened if need be.

Commissioner John Shaughnessy said most of the complaints he hears pertain to noise, and he does not feel limiting the number of bedrooms would adequately address those concerns.

“I’m not against a moratorium, as long as it’s not too long,” he concluded.

Clarke said, “Now I’ve heard both sides here tonight, I still think we need to have a group to have a free exchange of ideas on both sides. This does not mean I reject a moratorium out of hand, but I want to take a reasoned approach to it.”

It was agreed that Clarke would serve as the commission liaison and help facilitate public workshops with citizens in attempt to clarify what is being sought in regard to a moratorium. The workshops will be open to the public and the first one will take place Wednesday, Sept. 9 at city hall at 11 am.

In the wake of the commission’s decision to refrain from enacting a moratorium Thursday night, developer Shawn Kaleta submitted four additional building permits Friday afternoon, according to Building Official Steve Gilbert.

Damato remains in race

ANNA MARIA – John Damato will remain a candidate in the race for three open Anna Maria City Commission seats, and barring a court order, his name will appear on the city ballot.

Responding to concerns raised by residents when the qualifying period ended on Aug. 28, Mayor Dan Murphy consulted with City Attorney Becky Voyes regarding Damato’s compliance with the city charter’s two-year residency requirement for commissioners.

“At this point, I’ve reviewed the information with my attorney, and I do not intend to challenge his eligibility with reference to residency at this point, based upon the information I have,” Murphy said on Friday.

“He has a sworn affidavit that he’s a resident of Anna Maria, and he has a home homesteaded in Bradenton; that’s a homestead issue and not an issue with the city. That’s an issue he might have with the either the state or the county, but not with me. His sworn affidavit trumps the homestead,” Murphy explained.

“I knew I was qualified. Had I not been a qualified candidate, I would not have applied,” Damato said, noting that he and his wife are considering putting their Bradenton home on the market.

Damato, a retired Sheriff’s Office deputy, now works for Sato Real Estate. When his residency was questioned in a letter sent to the city by an anonymous group that referred to themselves as Concerned Residents of Anna Maria, Damato provided Murphy with a copy of the lease for the Anna Maria home he has rented for the past two years, as well as additional documents that pertained to his residency status.

If the concerned residents wish to continue their challenge of Damato’s residency, they would have to do so in a court of law. The supervisor of elections office has already declared Damato a qualified candidate.

Joining Damato as a challenger to incumbent Commissioners Carol Carter, Doug Copeland and Dale Woodland is Penelope “Penny” Naylor. Making her first run at a public office, Naylor is an artist and author with a professional background in marketing and advertising.

All five Anna Maria candidates are expected to state their respective positions during a candidates’ forum to be hosted by the League of Women Voters of Manatee County, tentatively scheduled to take place on the evening of Wednesday, Sept. 30.

Center areas remodeled and refreshed

pat copeland | sun

the Soiree Room has been revitalized

ANNA MARIA – Executive Director Kristin Lessig told board members at last week’s board meeting how Center employees are moving forward with making its space more usable for members by remodeling areas and adding amenities.

She said the after school room was redone using a donation from a board member. Colorful new chairs, tables, rugs and accessories make the room pop, and new programs for the children from 5 to 11 focus on creative activities.

Each day has a theme – Movement Mondays, Technique Tuesdays, Whimsical Wednesdays, Theatrical Thursdays and Fantastic Fridays, and Lessig said experts in the themed areas would be brought in to work with the kids.

The Soiree Room, where Sissy Quinn’s AMI Community Connections hosts fellowship each Wednesday at 2 p.m. as well as socials and pot luck dinners, has been remodeled.

There is a new art room off the gym, complete with kiln and pottery wheel, and Lessig said a dedicated art program is being developed by artist Janet Kingan, who plans to offer project based programs beginning with making a bottle lamp on Sept. 15.

Chef Molly O’Connor, aka the Traveling Gourmet, will be in charge of the kitchen, Lessig said, adding, “She’ll be renting the space, and we’ll be experimenting with how it goes. She’ll be providing some breakfast items, and hopefully in October, she’ll be able to provide some meals for the sports program.”

Lessig said the Center also hopes to offer snacks in the outside snack area in the future.

Upstairs, walls have been removed to make an open area for yoga, stretching and the like, and the former administrative office area has become a fitness area with exercise machines.

Medicare’s Silver Sneakers program is set to begin in October and will include health and fitness classes. Prospective members can learn about it at Silver Sneakers Saturday, Sept. 19, from 9 to 11 a.m. in conjunction with the Center’s monthly pancake breakfast.

Center board of directors seeks new members

ANNA MARIA – Bill Shuman, the new chair of the Island Community Center board, said with the resignation of three board members, the board is seeking new members.

“Blair (Schlossberg), Cindy (Thompson) and Jason (Sato) resigned, and we have two board seats to fill,” he said at the board meeting last week, adding that one seat is being filled by Lindsay Sauls, AME PTO president.

Mike Coleman, of the governing board, said there has been a suggestion to reduce the number of board members, which can be up to 17, and Shuman said it should be an odd number to prevent voting ties.
Ed Chiles said the board’s two major functions are fundraising and outreach and stressed, “We need the people that have the moxie to reach out and assist with the most important charitable institution in their community. I want to be bigger rather than smaller.”

Dave Welch pointed out that if they reduce the size of the board, it puts a greater burden on the rest of the members, and members agreed in consensus to leave the number at 17.

Coleman reported that the three Island mayors had asked for seats on the board and on the governance committee. Shuman suggested that the governance committee review the request and come back with a recommendation.

Shuman also reported that a donation of $25,000 was fully funded by board members, and another $25,000 match has been offered.

Budget presented

Treasurer Jim Froeschle presented the 2015-16 budget and stressed, “I want to make a point of how hard Kristin (Executive Director Kristin Lessig) and her staff worked on this. It’s not just numbers. The reality is every number you see here has detail, and the program managers are accountable, so there’s an ownership down into the program areas.

“I think that is going to be a huge change in the way the Center operates. We have a big community responsibility, and we’ve got a huge asset here that we need to continue running.

“We’ve taken the efficiencies as far as we could and now its time to aggressively grow the Center, bring in more people, more programs. This budget is an aggressive investment in the future.”

The budget shows a 37 percent increase in revenues due to program fees, a major marketing effort and a “hoped for” increase in funding from the Island cities.

Froeschle said the budget shows expenses up in two areas – introducing and advertising new programs and investing in the structure such as hiring grant writers and tech experts and investing in computer upgrades and marketing.

He said the budget shows a small, positive net income of $5,000, which “is remarkable when you consider the fact that we lost $1.2 million in the last six years. For the first time since 2008, we anticipate being in the black."

He said the goal is to build the cash reserve to take the Center through the lean months.

Congestion committee reviews parking ordinance

HOLMES BEACH – Island Congestion Committee members met recently to review the city’s draft ordinance to establish permit parking on streets in a test area.

The ordinance would ban parking on the rights of way between Manatee Avenue and 52nd Street west of Gulf Drive except for residents with permits.

Chair Jaynie Christenson said in Section 2 there is no fine listed for violations. Commissioner Carol Soustek noted that the current parking fine is $35, but the committee discussed making it more “to get their attention.”

Resident Gary Fenstemaker said it should be consistent with what other cities charge, and if they make it too extreme, “We’re sending a message that we really don’t want any of you out here.”

The committee agreed in consensus to recommended $50 with a vehicle to be ticketed every two hours it is illegally parked.

Christenson also suggested making the marked streets tow away zones, however, Soustek said there must be a sign stating that, and tow trucks take a long time to respond. Members agreed not to seek tow away zones.

Adding streets

Christenson said that all the streets that the committee had recommended were not listed in Section 3 of the ordinance. She suggested adding Manatee Avenue north to 43rd Street (east of Gulf Drive). 74th Street to 81st Street west of Gulf Drive, 77th Street between Gulf Drive and Palm Avenue and all of Aqua Lane. The others agreed.

Christenson pointed out that the same section also has different hours of enforcement – 8 a.m. to 6 p.m. – than the 24 hours recommended by the committee.

“The reason being is that on Aqua Lane people sleep in their cars at night and also the weddings are after six and the valet services start,” Christenson explained.

Member Pam Leckie said 24 hours would be easier to manage and control, and committee members agreed.

Christenson took issue with Section 4 that allows only two permits per address. She said the committee recommended that every vehicle registered to the address should be entitled to a permit and added, “You can’t put restrictions on the residents.”

The others agreed and said residents of the city but not the permit area can get decals, but they must pay for the decals, while the decals should be free for residents of the permit area.

There was a discussion on whether to allow residents of Anna Maria and Bradenton Beach to get permits, but members agreed on Holmes Beach residents only.

Exemptions

Christenson said Section 4 does not exempt golf carts and the committee had recommended that they be exempt and added, “We want to encourage people to use golf carts.”

The consensus was to ask that golf carts be exempt.

According to the ordinance, contractors doing business on the street may park in the right of way for not more than three hours, but Soustek asked what to do about volunteers for Turtle Watch and Wildlife Inc.

Christenson suggested they refer to “contractors and people doing business” and require them to have a business sign on their vehicle. She also suggested that workers only be allowed to park “on said property,” and if it’s not possible, “they have to car pool.”

According to the ordinance, contractors and subcontractors working in the permit only area “must submit a parking plan to the traffic engineer of the city (police chief) if the right of way is necessary for the parking of workers.”

Richard Brown said there also should be an exception for handicapped individuals.

The ordinance scheduled for discussion at the Sept. 24 city commission work session. Copies are available in city hall.

Christenson set the next committee meeting for Saturday, Sept. 12, at 10 a.m. at the AMI Beach Café at Manatee Beach.

Drainage work proceeds in Holmes Beach

andy price | submitted

A crew from Woodruff & Sons began installing stormwater
filtration/percolation systems in the right of way along
85th Street last week.

HOLMES BEACH – Residents of 85th Street told Mayor Bob Johnson that they were upset that they were not notified of drainage work to be done on their street last week.

Johnson agreed that it was an oversight and said the city is producing door hangers to notify residents of future work. According to the notice, the work is part of the city’s capital improvement program for stormwater.

The city’s construction contractor, Woodruff & Sons, will be installing stormwater filtration/percolation systems along and within the city’s rights of way of the following streets:

• 85th Street (south side only) under construction

• Marina Drive from 85th Street to Palm Drive

• 500 block of 77th Street (both sides)

• 500 block of 75th Street (both sides)

• 500 block of 74th Street (both sides)

• 500 block of 72nd Street (both sides)

• 500 block of 71st Street (both sides)

• 500 block of 70th Street (both sides)

• 500 block of 69th Street (both sides)

• 500 block of 68th Street (both sides)

The contractor also will be repairing and replacing stormwater outfall pipes within existing drainage easements. Detailed maps and cross sections are available at city hall.

In addition to these drainage improvements, there will be sidewalk repairs and replacements along 85th Street and Marina Drive to Palm Drive.

For further information, contact Lynn Burnett, of LTA Engineers, at 941-526-3375.

Lobbyist to shepherd fire district legislation

BRADENTON – West Manatee Fire Commissioners at last month's meeting approved hiring a lobbyist to shepherd legislation through the state Legislature despite a protest from Commissioner Al Robinson.

“Let’s roll the dice without a lobbyist,” Robinson said. “That’s a dirty word to me, and $50,000 gags me.”

Board Attorney Jim Dye explained that the legislation includes revisions to the commission’s election schedule to reflect the current practice of how terms are staggered and clarifies the procedure for establishing the annual assessment rate. He said Rep. Greg Steube would sponsor the bill and a lobbyist would cost $25,000 to $50,000.

“When you’re talking about funding you can get a critical eye in Tallahassee,” he said, and Fire Chief Tom Sousa said it has to travel through five committees.

“Why do it?” Robinson asked, and Dye said to avoid problems in the future.

Robinson asked Dye’s fee for the work, and Dye said probably $1,500.

Robinson asked what would happen if the legislation were not approved. Dye said there could be a challenge to a commissioner’s election and the assessment rate, and the district could lose $1 million just this year.

“Let’s buy a couple of cases of wine and go up there and do it ourselves,” Robinson remarked.

After the motion to hire a lobbyist was approved, Commissioner Randy Cooper remarked, “It’s a nasty, perverted process, but that’s the way it is.”

Other business

• The Manatee County Building Department is reviewing the site plan for rebuilding Station 4.

• The board will hold a work session on the West Coast Inland Navigation District boat grant in September.

• Board rules and procedures were approved with minor revisions.

• Sousa put a suggested assessment study on hold.

• The board approved a step plan and job descriptions for the administrative services staff.

• The board will create a committee to study purchasing new air packs.

• The chief will entertain offers for the ladder truck and negotiate price. The board plans to replace the truck because maintenance has become costly, and it is hard to get down the Island’s narrow streets.


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