The Anna Maria Island Sun Newspaper


Vol. 16 No. 1 - November 4, 2015

headlines

Spooktacular Halloween

Carol Whitmore

DEE BRADY | SUBMITTED

The McLaughlin family performs its annual free Halloween play,
this year called Monster Mash, at their home in Holmes Beach.
The show was just one of the ghostly happenings on a weekend that
included the AMI Chamber’s Trail of Treats,

The ghosts were out again last Friday haunting the businesses in all three cities after competing in a costume contest at the Anna Maria Island Chamber of Commerce Trail of Treats. There was no lack of imagination by the parents and/or children as they made a pretty scary entourage. The Holmes Beach Police Department and AMI Privateers were out in force to guaranty the safety of the little ones.

Carleton pleads guilty to mail fraud

TAMPA – The man accused of defrauding more than 70 potential vacation home renters has changed his plea from innocent to guilty on one count of mail fraud.

U. S. District Judge Julie Sneed ordered a pre-sentence investigation and a sentencing schedule. Carleton could get up to 20 years in prison, three years of supervised release, a fine of up to $250,000 and a special assessment of $100.

Carleton will remain in custody until sentencing. He applied for permission to travel to a boat show in Hallandale Beach, Fla., for professional purposes from Nov. 4 to 10. He is on supervised release and limited to the middle district of Florida.

During 2012 and 2013, Carleton was accused of taking deposits through the mail for people wanting to rent homes on Anna Maria Island through his company, Coast Line Realtors, Coast Line Accommodations and Coast Line Accommodations and Realtors, according to the indictment. In 2013, the United States Post

Office initiated an investigation. based on several complaints from customers. Carleton advertised online and entered into contracts with individuals through email. They required a down payment to rent a vacation home. In many cases, Carleton would call the customers and give various excuses as to why the property was no longer available. He would not return their payments and told some customers he was filing for bankruptcy and they would have to get their deposits returned from a trustee. Many of the customers were from different countries, and some of them ended up coming to the U.S., unaware that their rentals were already rented to somebody else. In many cases, the Anna Maria Island Chamber of Commerce helped to find the unlucky visitors a place to stay.

“I feel badly for the victims of his fraudulent activity and the vacations that may have been ruined for them,” said AMI Chamber President Deb Wing. “The one thing I am grateful for in this case is that our Island pulled together to right wrongs and help not only find places for displaced visitors to stay, but banded together to help city, state and federal agencies apprehend, prosecute and hold Carleton accountable for his crimes."

Tree house appeal denied by court

HOLMES BEACH – Code Enforcement Board Attorney Jim Dye has announced that the latest appeal by tree house attorney David Levin was “deemed unauthorized” by the District Court of Appeals.

Levin filed a motion in August for a rehearing before the court regarding the tree house in front of Angelino’s Sea Lodge at 103 29th St., owned by Lynn Tran and Richard Hazen.

In his response to the motion, Dye said the request for review by the court following their appeal of a city of Holmes Beach Code Enforcement Board (CEB) order finding that the tree house was illegal.

The board ordered Tran and Hazen to comply with city codes or remove the tree house. They appealed, and the circuit court upheld the CEB’s order They sought certiorari review, and their petition was denied.

They then moved for a written opinion and an order certifying a question of great public importance for review by the Florida Supreme Court, and both of the motions were denied.

Vacation rental ordinance a work in progress

HOLMES BEACH – City Commissioners took their first pass at a draft vacation rental ordinance with Human Services Analyst Mary Buonagura pointing out that it is “a working document.”

At the Oct. 29 work session, Buonagura asked for commissioners’ input on changes or additions and noted that they would have a more complete discussion when City Attorney Patricia Petruff and Building Official Jim McGuinness could be present.

“Anyone taking a first reading of this would think we mean all vacation rentals,” Commissioner Jean Peelen pointed out, “We don’t. Maybe we should use ‘short term.’”

Commissioner Carol Soustek said it is explained in the definitions.

“How will people know?” Peelen asked. “We need to be very clear up front that we are talking about under 30 days.”

Peelen questioned the requirement of smoke alarms to be hard wired and said it is an expensive retrofit. Buonagura said it is only required of new construction.

Peelen asked why the ordnance requires a land line telephone when “everybody has cell phones," and Commissioner Pat Morton said it is for tracking purposes.

However, Police Chief Bill Tokajer said, “With the new, next generation 911, all cell phones are GPS. They give us a longitude and latitude within100 yards of the location.”

But Buonagura said, “Not everybody receives good cell service, so a land line is needed.”

Peelen said the ordinance states, “Vacation rental occupants are prohibited from parking off site,” which means they couldn’t park anywhere on the Island except in the driveway. Chair Judy Titsworth suggested changing it to require them to park on site.

Peelen said, “I’m trying to read it from the view of a mom and pop rental owner who needs to understand what you’re requiring of them.”

The ordinance will be put on a future agenda for further discussion.

Rental license fee lowered

ANNA MARIA – The previously discussed $1,000 vacation rental license fee has been reduced to $750.

During their Oct. 22 meeting, City Commissioners unanimously approved a resolution that establishes the initial vacation rental licensing fees and lowers the cost of the initial rental license by $250.

The adopted resolution also establishes a $75 fee to modify or transfer a license and $225 to have a vacation rental property re-inspected if there is a change in property owners or rental license holders.

Mayor Dan Murphy told the commission the reduced licensing fee was the result of some of the more labor intensive elements of the vacation rental ordinance being removed when the ordinance was amended in September.

“This allows us to enforce what’s on the books,” he told the commission.

“None of these are profit-centered figures. They’re just cost recovery,” he added.

Murphy said he would determine next year’s annual licensing fee after he has had sufficient time to evaluate the expenses incurred when enforcement of the new rental regulations begins.

When the 2015-16 fiscal year budget was adopted in September, Murphy projected 600 vacation rental properties being charged $1,000 for a rental license, which would have generated $600,000 in projected licensing revenue.

The budget included $512,529 for code enforcement, but the mayor now feels enforcement can now be accomplished at a lower cost. When contacted last week, Murphy said his revised revenue

projections call for $420,230 to be generated by the recently adopted fee structure, and that is what he has now budgeted for enforcement.

“Every time the ordinance is changed it impacts these dollars. Less rules require less enforcement,” he said.

Murphy estimated $275,000 would be spent on labor, which includes initial inspections, ongoing code enforcement and the processing of license applications. The rest would be used for expenses and any capital expenditures required to enforce the new rental regulations.

Effective date uncertain

The vacation rental ordinance is scheduled to take effect Jan. 1, but that could be delayed due to a temporary injunction granted in July to the plaintiffs in one of two lawsuits that have presented legal challenges to the ordinance contents.

During a preliminary court hearing that took place Oct. 21, Murphy and City Attorney Becky Vose agreed to delay the license application process and the first application deadlines that were to take effect this week.

“The whole thing is on hold,” Murphy said on Friday, noting that the application form has been removed from the city website.

During the hearing, Vose and the plaintiffs’ attorneys also agreed to participate in mediation in an attempt to resolve some of the many points of contention.

According to Murphy, the two sides have agreed on a mediator; and according projections call for $420,230 to be generated by the recently adopted fee structure, and that is what he has now budgeted for enforcement.

“Every time the ordinance is changed it impacts these dollars. Less rules require less enforcement,” he said.

Murphy estimated $275,000 would be spent on labor, which includes initial inspections, ongoing code enforcement and the processing of license applications. The rest would be used for expenses and any capital expenditures required to enforce the new rental regulations.

Effective date uncertain

The vacation rental ordinance is scheduled to take effect Jan. 1, but that could be delayed due to a temporary injunction granted in July to the plaintiffs in one of two lawsuits that have presented legal challenges to the ordinance contents.

During a preliminary court hearing that took place Oct. 21, Murphy and City Attorney Becky Vose agreed to delay the license application process and the first application deadlines that were to take effect this week.

“The whole thing is on hold,” Murphy said on Friday, noting that the application form has been removed from the city Website.

During the hearing, Vose and the plaintiffs’ attorneys also agreed to participate in mediation in an attempt to resolve some of the many points of contention.

According to Murphy, the two sides have agreed on a mediator; and according to Vose, the mediation session is tentatively scheduled for Tuesday, Nov. 10.

Depending on Judge Gilbert Smith’s trial schedule, the lawsuit could be headed for a full non-jury trial in late November, and it is hoped that mediation will reduce the number of issues Smith is asked to rule on.

A 30-minute status conference was scheduled to take place at the Manatee County Judicial Center on Tuesday, Nov. 3, at 4:30 p.m., but as of late last week no trial date had been announced.

ArtsHOP – an arts and culture weekend

Submitted

“Singing the Blues,” by Joan Peters, is one of the art works
on display at the National League of Pen Women’s exhibit at
The Studio at Gulf and Pine.

 

 

THE ISLAND – The 9th annual artsHOP weekend of art and cultural events is being presented Island-wide on Friday, Nov. 13, thorough Sunday, 15, by the non profit umbrella group, Cultural Connections.

The weekend begins with an Artwalk on Friday, Nov. 13, from 5 to 8 p.m. in select galleries and shops in Anna Maria and Holmes Beach. Many artists will be present to talk about their work, and there will be refreshments, music and prizes.

The Island’s non-profit galleries will host special presentations. Island Gallery West, 5368 Gulf Drive, will feature “Poetry in Color,” with watercolors by Graceiela Giles. The Art League of Anna Maria Island will display works under the theme “Sea Life and Island Shore.” The Artists’ Guild Gallery’s theme will be “Ode to Anna Maria” with a collaboration with the AMI Privateers.

Those attending can get a Passport to be filled out while visiting the various locations. Completed passports will be entered in a drawing to win prizes donated by local businesses and artists.

In conjunction with artsHOP, artists, writers and composers of the National League of American Pen Women will be featured at The Studio at Gulf and Pine, 10101 Gulf Drive, Anna Maria (see article below).

Also on Friday night, the Island Players in Anna Maria will hold a special performance of “Radio Ridiculous,” by Rich Orloff, at 8 p.m. There is general admission seating and tickets are $20 each at the box office at Gulf Drive and Pine Avenue in Anna Maria (see related article on this page)

Saturday and Sunday

An Arts and Crafts Show to benefit the Anna Maria Island Butterfly Park returns to the Holmes Beach City Hall field at 5801Marina Drive from 10 a.m. to 5 p.m. on Saturday, Nov. 14. Find jewelry, glass, photography, art, clothes, food, entertainment and more.

Also in conjunction with artsHOP, the Symphony in the Sand, a musical and gourmet dining event featuring the award-winning Anna Maria Island Concert Chorus & Orchestra, takes place on Saturday from 4:30 to 7:30 p.m. at Coquina Beach Gulfside Park.Visit www.SymphonyOnTheSand.com to purchase tickets and for sponsorship opportunities.

On Sunday, the Arts and Crafts Show continues from 10 a.m. to 4 p.m., and the Island Players will hold another special performance of “Radio Ridiculous” at 2 p.m. with general admission seating and tickets at $20 each.

Businesses on Bridge Street in Bradenton Beach will feature turtles crafted by local artists for auction until Sunday, Nov. 15. On that date, the turtles will be displayed at the Bridge Street Market (see auction details in article starting on Page 4)

The events of the day on Bridge Street open with the Bridge Street Market on Sunday from 10 a.m. to 3 p.m. featuring entertainment by Ted Stevens and the Doo Shots. The Artwalk will take place from 11 a.m. to 3 p.m. at various businesses. Visit all eight stops and be entered in a drawing for a prize basket.

From noon to 2 p.m., local restaurants will present a Taste of Bridge Street, offering exciting gourmet fare. Restaurants include Bridge Tender Inn, Blue Marlin, Bridge Street Bistro, Back Alley and Anna Maria Oyster Bar.

Fire board approves Station 4 contract

Wannemacher Jensen Architects

The architect's renderings of the front, back and
67th Street side of the new Station 4.

BRADENTON – West Manatee Fire Rescue commissioners approved a contract with NDC Construction Company and financing with Hancock Bank to rebuild Fire Station 4 at 6417 3rd Ave. W. in Bradenton at a special meeting on Oct. 29.

Fire Chief Tom Sousa said he has been working for six months on costs and designs with NDC, Wannemacher Jensen Architects and Allison-Gause Engineering.

Architect Daryl Krumsieg presented a site plan and interior and exterior renderings of the site and building. He said the building would withstand a Category 3 hurricane with winds of 165 mph., and all the glass is strong enough withstand a 2 by 4 shot out of a cannon at 55 mph.

“There are some fantastic features, “ Krumsieg said. “We used laminated glass to get light without the heat. There are features that can help reduce energy costs and materials that are easy to maintain.”

“It’s as strong a building as you can get,” Ron Allen, president of NDC, said. ‘You’re getting a lot of building for the money.”

Allen said the total design and construction costs are $2,763,532 and there is a $56,275 contingency. He said they would be working weekly to keep costs down.

Chair David Bishop asked about other costs, and Battalion Chief Chris Kiernan, who is serving as the project manager, presented a list that included IT, furniture, appliances, permits and exterior items for a total of $150,122.

Motions to approve

Commissioner George Harris made the motion into approve the contract, which passed 3-1. Bishop, an architect, abstained due to business dealings with NDC, and Commissioner Al Robinson dissented.

Steve Cole, of Hancock Bank, said the bank is offering financing of $2 million with a 2.5 percent interest rate fixed for 10 years. He said it is the bank’s third loan to the district, and it is secured by the district’s assessments.

He said payments are due at the end of March, June, September and December, but the district could pre pay the loan on any of those dates without penalty, and the bank would re-amortize the agreement.

Sousa said in addition to the loan, the district would use $200,000 in cell tower funds and $500,000 from the reserves.

Harris made the motion to approve the resolution to fund the building. It was approved 4-1 with Robinson dissenting.

Fire district could develop ALS program

BRADENTON – West Manatee Fire Rescue Chief Tom Sousa talked about ways the district can improve service for taxpayers, and one suggestion is to develop an ALS (advanced life support) program with paramedics on fire engines.
At the Oct. 15 fire commission meeting, Sousa told the board, “We would need 12 to 14 firefighters to attain paramedic certification. We have two currently, so we would need 12 more.

“It will take two to three years to implement. They have to volunteer to go to school on their own time, but we will pay for it. We have eight personnel that will consider going to school. It’s a rigorous program.”

He said the cost of school and books would be $6,000 per firefighter. In addition, the district would need to purchase supplies and equipment for a total start up cost of $220,000. Matching grants, primarily for equipment, are available from the Florida Bureau of EMS.

He said Florida Statute requires that the district have a medical director, but it could possibly partner with the county. He estimated the cost to be $25,000. Another cost would be personnel incentive of $4,000 to $10,000 added to the salary of the paramedics.

“To proceed we would need a certificate of need from the county,” he continued. “That must be approved by the board of county commissioners.”

Commissioner George Harris made a motion “to direct staff and a board member to explore with county staff the opportunity to provide ALS to citizens and explore getting a certificate of need.”

Commissioner Randy Cooper seconded the motion and said, “I brought it to the to fire commissioners’ association, and they were skeptical that the county would support the idea. I’d like to see more data on the public benefit of doing it to justify the dollars.

“There are times when our guys could fill that void. This is a very economical way to provide the service.”

Commissioner Al Robinson asked Sousa how he would vote, and Sousa replied, “I would vote for it and added that the county has the new Quick Response Vehicle (QRV) for the Island with a paramedic to address emergency needs when the ambulance goes off the Island leaving it without coverage.

“The QRV is $120,000, and that could pay for more than half of our program,” Harris remarked.

Commissioner Larry Jennis asked for a timeline.

“If county gives us a certificate of need in six months the first opportunity to send someone to school is August.” Sousa replied. “It’s a year long school, so were looking at 2017 to have enough to do one engine.”

The motion was approved unanimously.


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