BRADENTON BEACH – Drift In employee and longtime Island resident David Marshall found himself in a sticky situation Monday morning while making a point about the removal of one of his favorite Bridge Street trees.

At some point after 8 a.m., Marshall was discovered taped to the black olive tree that sits between the Drift In and the Sports Lounge. As part of his peaceful protest, Marshall told Police Chief Sam Speciale he did not want the symbolic red tape removed until he had an opportunity to address the media. The community-minded police chief then contacted The Sun via cellphone so Marshall could have his say.

At 9:09 a.m., with Speciale holding the phone for him, Marshall said, “I’m taped to a tree. I’m trying to save the tree and the birds and bees. They’re taking down trees and it makes me upset.”

Relaying an additional communique from Marshall, Speciale said, “David said he’s watched this tree grow up and that’s why he’s trying to save it.”

After speaking his piece, Marshall freed himself and the eco-warrior disappeared to parts unknown.

Story behind the story

The tree removal is necessitated in part by the current city commission-approved Bridge Street Basin stormwater project that involves installing infiltration trenches along Bridge Street.

When contacted Monday morning, City Engineer Lynn Burnett chuckled when informed of Marshall’s environmental efforts. While she admired his good intentions, Burnett said he may not have known that Drift In owner Joe Cuervo approved the tree removal.

“It’s diseased and it has some issues. The tree root has been completely exposed and it is not healthy and it is not going to live much longer,” Burnett said.

Monday afternoon, Cuervo explained that he also needs the space where the tree sits in order to create a new parking space to offset the parking space he will lose when builds an outdoor Tiki bar. For regulatory purposes, Cuervo must maintain a certain number of parking spots.

Marshall may soon have an opportunity for an encore performance given that the city commission recently approved $445,421 in Community Redevelopment Agency fund expenditures for additional Bridge Street improvements. These future improvements will result in some of the palm trees being removed and replaced by planter boxes and potted plants, and it was agreed at the Nov. 5 commission meeting that the planter color choices and plant choices would be reviewed by the Scenic Waves advisory board as well.

In the coming months, Bridge Street and the other streets in the CRA district will be resurfaced. Bridge Street will then be covered with an additional faux-brick, aggregate finish created by Paveway Systems.

The extensive CRA project also calls for solar lights to be installed along First Street.

ANNA MARIA – When reviewing the latest proposed changes to the still-evolving vacation rental ordinance, the planning and zoning board expressed concerns and did not recommend its approval.

During the Tuesday, Nov. 10 planning and zoning board meeting, City Attorney Becky Vose, City Planner Alan Garrett and the six volunteer board members spent more than an hour discussing the proposed changes city commissioners tentatively approved on Nov. 4. A second and final hearing is scheduled for Thursday, Nov. 19.

“This is a greatly revised ordinance,” Vose said of an ordinance that has changed dramatically since it was last reviewed by the board in August.

She said the changes were prompted by recent court hearings, mediation and the ongoing efforts to resolve a lawsuit filed by a group of vacation rental property owners.

“A lot of the restrictions that were in the ordinance before were taken out,” she said.

Vose said the commission is looking to replace vacation rental-specific regulations with ordinances of general application that apply city-wide. The city is no longer looking to issue rental licenses that could be revoked or suspended for habitual violations of city codes and ordinances; nor will the city attempt to prohibit repeat offenders from using their properties as vacation rentals. These are significant changes to the previously amended ordinance adopted in September.

“What you have now is a registration ordinance as opposed to a permitting ordinance,” Vose said.

“There was an argument in court that requiring a permit that could be taken away from them would have the effect of prohibiting vacation rentals. If they lost their license, they would immediately be in court saying they were being prohibited,” she explained.

A new approach

The city will rely on the increased enforcement of existing building codes and existing ordinances, including those that pertain to noise and parking. The city will also rely on the enforcement of the new occupancy limits set forth in the vacation rental ordinance and the stipulation that the property owner or agent must be available by phone 24 hours a day, seven days a week.

The city’s code of ordinances states: “The city is authorized to appoint one or more special magistrates to hold hearings and assess fines against violators of the city’s codes and ordinances.”

Vose said, “A lot of cities and counties use the special magistrate process to impose fines and create liens on properties which can actually be foreclosed upon. It’s a very strong method of regulation, so we’re going to be utilizing that in order to enforce the problem vacation rentals in the city.”

Vose has used this approach in the Orlando area for decades while providing legal representation to Orange County’s code enforcement department.

“They regularly foreclose on liens and take people’s property away. It is an exceedingly effective method of controlling bad actors,” she said.

Code enforcement lien foreclosures cannot be enacted on homesteaded property that serves as a primary residence, but Vose said she is aware of only a couple homesteaded vacation rentals in Anna Maria.

Board reaction

The planning board expressed disappointment with the latest changes.

“Here’s what bothers me,” said chair Jonathan Crane. “All the things that were being covered by this strongly worded ordinance, now we’re trusting to our code enforcement people. I don’t see anything besides fines.”

Board member Maureen McCormick said, “There’s been a sea change in this ordinance. It’s gone from the onus being on the people making the money and producing profit for their customers to ‘catch me if you can’ code enforcement. It’s back to business as usual, with fines that may or may not discourage people from doing what they’ve done, creating misery for people in their neighborhoods.”

Vose pointed out that the previous version of the ordinance also relied heavily on code enforcement, but did not incorporate the use of $500 to $1,000 per day fines that could be assessed by a special magistrate.

Board member David Youngs’ motion to recommend approval of the amended ordinance garnered no support from the other members and no other motion was made so the planning board review produced no formal recommendation to the commission.

Woody Candish, long time resident and artist of Anna Maria Island, died Monday morning, Nov. 16.

Known for his metal sculptures, he was a multi-talented artist who could weld metal or carve wood.

Candish made the metal gate to the house that Manatee County Commissioner Carol Whitmore and her husband, Andre Renard, own.

“It’s well known,” she said. “It is a beautiful piece of art.”

Zoe Averkamp, a former Island resident who now works in the Village of the Arts, knew Candish. She said she still has two art pieces of his and at one time had seven. She said he was very talented, although artists would have to prove their worth to him.

“I met him through the Artist’s Guild of Anna Maria Island,” she said. “He was a founding member and I became the director.”

Averkamp said when she took over at the guild, he warmed up to her.

“Every once in a while, he would change venues,” she said. “He changed from steel to wood and made a sculpture of me. He called it ‘From A to Zoe.’”

She said she and Candish ultimately became very good friends. However, she almost got into trouble once.

“I had bought a sculpture from him that was tall with point like a lightning rod,” she said. “I called it a bolt from the blue and I went over to his yard and found a metal ball that I painted blue.

“Later he called me and asked if I had taken his Civil War cannon ball,” she said. “Luckily, I painted it with water soluble paint.”

Artist Richard Thomas did some two-man shows with Candish.

“He was a dear friend,” Thomas said. “He will be missed.”

At press time, funeral and/or memorial plans were not available.

Art lovers filled the streets of Anna Maria and Holmes Beach visiting galleries and shops in the ninth annual artsHOP Artwalk. Painters gave demonstrations and artists talked about their work. Anna Maria Island Privateers delighted visitors to the Artist's Guild Gallery, and the National League of American Pen Women filled The Studio at Gulf and Pine with art, music and literary works.

BRADENTON – They came on Veteran’s day to honor a man who gave his life for his country, and was forgotten when he died 33 years after being wounded.

John R. Holmes, a member of the family for which the city of Holmes Beach was named, was a young Marine when he was injured in an explosion in the Quang Tri Province during the 1968 Tet Offensive in Vietnam. He slipped into a coma and was placed in VA hospitals until he passed away in 2001.

His sister, Patricia Holmes, and a family friend, Christine Torgeson Van Zandt, found out Holmes’ name was not on the list of casualties of the war at the memorial, operated by the Manatee County Veteran’s Council.

They contacted Manatee County Commissioner Carol Whitmore, who contacted Veteran’s Council Chairman Donald Courtney.

“It only took 24 hours for them to decide to add his name,” Whitmore said.

Several dozen people attended the Veteran’s Day ceremony where the Color Guard presented the flag and a salute with rifle, and then a trumpeter played “Taps.”

After the ceremony, Patricia Holmes posed at the wall with Torgeson-Van Zandt.

The two women said they were happy that this oversight had been corrected and that their friend and brother’s name was where it belongs, on the list of those heroes who made the ultimate sacrifice.

ANNA MARIA ¬– A crowd of veterans and supporters filled the parking lot at CrossPointe Fellowship Saturday morning for a program to bring support for the nation’s veterans and a sense of community to the Island.

This year, the annual program took on a new mission, to support a group called Homes for our Troops, a group that provides mortgage-free homes for permanently wounded veterans.

The show was filled with music from Miceh Sendowich and Nick and Alicia Burke and from the Manatee High School Drum Line. Students from Anna Maria Elementary also performed patriotic songs.

Joe Beimfohr, who lost both legs in Iraq spoke about the need for community to help take care of veterans. He said when he moved into his house, his neighbors knew who he was and what his story was. He said neighbors helped him do things he could not do because of his injuries.

Another veteran, Alex Billmann, who was paralyzed from the waist down, spoke about how he got there.

“I enlisted when I was 17, and my mother had to sign for me,” he said. “I got to Afghanistan and was wounded by an explosive device. I remember looking down and seeing blood gushing from my vest.”

He said he was moved to Walter Reed Hospital while in a medically induced coma, and when he awakened, he saw his wife.

“There are a lot horror stories about relationships after a veteran was permanently injured, but this was not one of them,” he said. “My wife, who is an amazing woman, was by my side and when I saw her, I knew I was going to be OK.”

“The government can only do so much,” he said. “The rest comes from the community.”

Mayors speak

Two of the Island’s mayors who are veterans spoke. Anna Maria Mayor Dan Murphy spoke about the terrorist attacks in Paris the preceding day.

“There’s still a lot of evil out there,” he said.

CrossPoint Pastor Ed Moss had the veterans from each branch of the military stand when the theme song for that branch played. He also asked veterans to stand when the war in which they fought was announced, beginning with World War II.

Members of the Manatee High School ROTC helped deliver barbecue meals to those who were unable to stand in line.

There was an inflatable slide for the kids, and Moss hosted a “Veterans Jeopardy” game for those who thought they knew military history and slogans.

ANNA MARIA – The three recently re-elected city commissioners were sworn into office Wednesday night and Doug Copeland was selected as the new commission chair.
The swearing in ceremony began the Thursday, Nov. 12 organizational meeting.

The oath of office was administered by City Clerk Diane Percycoe, with Carol Carter going first, followed by Copeland and Dale Woodland.

Each of the three returning commissioners said, “I do solemnly swear that I will support, protect and defend the constitution and government of the United States and of the state of Florida; that I am duly qualified to hold office under the constitution of the state of Florida and the charter of the city of Anna Maria, Florida; and that I will well and faithfully perform the duties of the office of city commission on which I am now about to enter, so help me God.”

After the trio rejoined Mayor Dan Murphy and Commissioners Nancy Yetter and Chuck Webb on the dais, Murphy entertained nominations for the position of commission chair.

Webb nominated Copeland, Woodland seconded the nomination and Copeland accepted it.

Yetter then nominated Webb, who said, “I don’t want the nomination; I’m declining.”

The commission unanimously voted Copeland in as chair, which also made him the new vice mayor.

His first duty as chair was to entertain nominations for the vice chair’s position. Webb nominated Yetter and the commission unanimously supported the nomination.

“I’d like to thank Commissioner Webb for all of his service as the chair during the last year that I’ve been associated with him,” said Murphy. “I thank you very much for your dedication, your hard work, your creativity and all the things you brought to the city.”

In response, Webb said, “I won’t stop; I just need to take a break.”

After dispensing with the code of ethics, the code of conduct and the adoption of the basic rules of order, the next order of business was to determine commission liaison positions.

Carter asked if she could assume Copeland’s role as historical society liaison and allow someone else to serve as the Chamber of Commerce liaison. Webb agreed to serve as the Chamber liaison and also as the Environmental Enhancement and Education Committee liaison

Yetter agreed to continue serving as the liaison to The Center and the Island Players.

Woodland agreed to continue serving as the pier liaison and the Capital Improvements Advisory Committee liaison.

When Murphy asked if anyone was willing to assume his role as liaison to the ManaSota League of Cities, Carter said she would.

A brief conversation on continuing Sunshine and ethics training concluded the organizational meeting.

HOLMES BEACH – Commissioners discussed various ways to regulate home weddings at last week’s work session, and instructed City Attorney Patricia Petruff to draft a temporary use permit for further discussion.

The issue arose recently when commissioners expressed concerns about rental homes being advertised as wedding venues. Commissioners felt that is a commercial use in a residential area.

“In terms of regulation, I don’t want to decide what is commercial and what is not commercial,” Petruff stressed. “I would rather decide what is appropriate for any given property.”

She said they could regulate the number of weddings per year, the number of guests and the like, but they should “give direction to Mr. Brisson (City Planner Bill Brisson) and I so we can craft something that meets the needs of the residents of the city.”

Mayor Bob Johnson asked, “What distinguishes a commercial wedding from a wedding?”

Peelen said, “It’s a slippery slope,” and Petruff added that there is specific language in the vacation rental ordinance that regulates parties and gatherings at those locations.

“I like the idea of limiting the number of weddings you can have in a private home and the number of guests based on the size of the property,” Peelen said.

Sample ordinances

Commissioner Carol Soustek said she has samples of ordinances from other cities, and Petruff asked her to distribute copies.

Chair Judy Titsworth asked if they could limit weddings to residents. The others said no, and Soustek added, “Once you start stipulating, you open up that argument that we don’t like tourists.”

Commissioner Marvin Grossman said they shouldn’t allow valet parking and advertising for weddings, but Peelen remarked. “I don’t care if they advertise if they can only have two per year.”

Petruff pointed out, “If a resident has a wedding at their house, those guests have to park on the right of way. Is it better to have them wandering the streets looking for a parking space or is it better to hire two high school kids to park the cars?”

Petruff said she has enough information to draft something, and it probably would be a temporary use permit.

However, City Clerk Stacey Johnston said that temporary use permits “are a lot of work. It’s very difficult to control them.”

Johnston said people aren’t going to know they have to get one, and there could be a problem for weekend weddings when city hall is closed.