The Anna Maria Island Sun Newspaper


Vol. 16 No. 7 - December 16, 2015

headlines

Mayor vows to veto parking permit plan

HOLMES BEACH – Mayor Bob Johnson declared at last week’s work session that he would veto any ordinance that would establish a resident only parking program.

“If this commission decides to pursue and adopt a resident only permit parking in right of way based ordinance, I shall, when presented with the ordinance, exercise my power as mayor to veto same,” Johnson said.

“It is not time to say, after all these years, this place is going to be exclusive to those few who are here now. I did not run for mayor to see this city become exclusionary.”

The issue began when the Island Congestion Committee (ICC) meeting advocated a permit program to be implemented in a test area where parking on the rights of way would be banned except for residents with permits.

The test area would be between Manatee Avenue and 52nd Street west of Gulf Drive, Manatee Avenue north to 43rd Street east of Gulf Drive, 74th to 81st Street west of Gulf Drive, 77th Street between Gulf Drive and Palm Avenue and Aqua Lane

Staff developed an alternate plan, which would allow parking on one side of most streets in the area between Manatee Avenue and 52nd Street west of Gulf Drive and be in effect from 9 a.m. to 5 p.m. daily.

The two groups met to try and mesh their plans, but could not come to a compromise, and the issue was returned to the city commission.

The draft ordinance

City Attorney Patricia Petruff presented a draft ordinance to establish the permit program for commissioners to consider. She explained changes she made to the initial draft ordinance done in July.

“I took out references to a fee for the permit,” she said. “Everybody who is entitled to have one is a taxpayer, and they should get one like they get a hurricane tag.”

She said she added an option for people who are having parties to get temporary tags. She said the tags could be color-coded.

“It was written so that each vehicle registered at a parcel in the test area is allowed a tag, but I have some issues with that,” she continued.

“I was requested to allow two guest passes, and that seemed excessive to me because everybody is supposed to have at least two parking spaces. So you park on the right of way and let your guests park in your driveway.”

She said if there are 200 homes in the test area and each has two cars and three guest passes, that’s five passes per house or 1,000 passes. In addition, city residents not in the test area can get two passes, which could be another 3,000 passes if there are 1,500 houses.

“That will inundate your roadways with pass people,” she pointed out.

In addition, the ordinance allows contractors and service people with a magnetic sign to park in the right of way. She said anyone could get a sign so they can park.

Commissioner Carol Soustek asked Police Chief Bill Tokajer if he would rather issue temporary passes or have people call when they are having a party.

“If you call and say there will be six cars there, how do I know which six cars are allowed to be parked there if you don’t have passes?” he asked.

Mayor’s statement

Johnson pointed out that the ICC was convened in 2013 to address traffic congestion and parking issues during holidays, weekends and season. From September 2012 to August 2013 there were only 52 calls for parking concerns, yet the committee focused on parking control.

He said in November 2014, the ICC presented a report on issues and proposals for solutions, including the permit plan, that were “anecdotal, without substance or scope of degree of impact.

“Such an approach is no basis for realistically analyzing a problem and figuring out how to effectively and efficiently deal with it to achieve resolution.”

The police department conducted a parking survey in the test area from March to June 2015 to understand the nature and extent of parking issues. It showed that the peak use of right of way parking spaces was 25 to 40 percent on holidays and 0 to 15 percent on normal weekdays.

Staff members took that information and developed an alternate to the ICC’s plan to address the intensity issue. They said it provided relief for residents while being simple inexpensive and easy to enforce. It also reduced the number of daytime parking spaces from 331 to 129.

Johnson said people come to the Island because of its non-commercial casual environment, and “the move to close off what has been a welcoming, sharing, family time community by implementing an ordinance to make Holmes Beach an exclusive resident only community by the imposition of permit parking is contrary to our history of life on this Island and is out of line with the other Island municipalities … ”

Commissioners comment

Chair Judy Titsworth and Commissioner Pat Morton agreed with Johnson, however, Commissioners Marvin Grossman, Carol Soustek and Jean Peelen disagreed.

Grossman said there are 12,000 new homes plus hotels and shopping centers planned for west Manatee and that commissioners have to plan for the future.

He said the ICC “wants to keep a residential community without strangers parking everywhere. We have the right as citizens of the U.S.to determine what kind of neighborhoods we live in.”

Soustek also referenced the thousands of homes coming in the future and said residents “shouldn’t be penalized because visitors want to come here.” She said visitors could go to the public beach where there are lifeguards, concession stands and restrooms.

“Residents want us to respond to what they’re asking us to do,” she said. “They don’t feel safe in their homes. To retain this as a residential island, you have to respect the residents.”

Peelen said, “Marvin is correct on every point. Change is being forced upon us. If we don’t do something to protect our residents, we’ll be a tourist community, period.

“Our residents have certain rights, and the only way I see to affect visitors and the people who live here is through the parking permit plan.”

Titsworth said the parking plan is an “expensive solution for one neighborhood,” and they should try the staff plan for this coming season.

The consensus in a 3-2 vote, with Titsworth and Morton dissenting, was to move forward to first reading. Titsworth pointed out that if the mayor vetoes the ordinance, it could only be approved by a super majority of four commissioners.

Noise violations now a costly affair

ANNA MARIA – The new $500 fines for noise ordinance violations are now in effect.

Adopted on final reading by city commissioners during last week’s special meeting, Ordinance 15-801-1 also allows Manatee County Sheriff’s Office deputies to issue multiple citations for a single violation.

The ordinance applies to all city residents, city visitors and contractors.

“The owner, tenant, occupant, guest, property manager and agent of the property at which the violation occurs shall each be separately liable for any noise disturbance caused by the tenants, occupants, and/or guests and shall be deemed violators,” the ordinance states.

It also says it shall be unlawful for any person to make, continue, cause or permit through actions or inactions any noise disturbance or any violation of pool, spa and hot tub quiet hours.

The ordinance declares that no noise shall be generated that can be heard between 10 p.m. and 8 a.m. beyond the property lines on which the pool, spa or hot tub is located.

The use of lawn care and power tools is allowed daily from 7 a.m. to 7 p.m. The usual noises associated with commercial construction are allowed from 7 a.m. to 6 p.m. on Monday through Friday, 10 a.m. to 6 p.m. on Saturday and not at all on Sundays and federal holidays.

Noise violations in Anna Maria are not determined by the use of a decibel meter. They are subjectively determined by the responding officer or officers.

Noise is defined as any sound which annoys or disturbs humans or which causes an adverse psychological or physiological effect on humans. This includes low frequency vibrations caused by the amplification of bass sounds.

A noise disturbance is defined as a sound which is or may be harmful or injurious to the health or welfare of a reasonable person with normal sensitivities, unreasonably interferes with the enjoyment or normal conduct of life, property or outdoor recreations or causes noise pollution.

The standards for determining whether a violation has occurred include the volume and intensity of the noise and whether the noise is usual or unusual.

The terms “harmful, injurious, reasonable, unreasonable, normal, usual and unusual” are not defined in the ordinance.

The standards for a violation also include the proximity of the noise to residential sleeping facilities, the time and duration of the noise, the nature and zoning of the areas from which the noise emanates and is received and whether the noise is produced by a commercial or non-commercial entity.

A verbal warning must be issued and a period allowing for corrective behavior must allowed before a citation is issued.

Violations are non-criminal infractions that may be enforced through the issuance of a citation that requires the violator to pay the new $500 fine or appear before the city’s special master to plead their case.

Those who refuse to sign the citation are guilty of a second degree misdemeanor. Those who wish to contest a citation in the county courts may be subject to additional court costs.

Three or more violations occurring at the same premises within a 12-month period shall be deemed prima facie evidence that that premises present a public nuisance, which could lead to further action, including the temporary or permanent closing of a commercial operation.

Mayor Dan Murphy told the commission he did not want to put code enforcement officers in harm’s way by asking them to respond to noise complaints in a party setting where alcohol might be involved.

Commissioner Chuck Webb said he had a problem with that, but received no support from the other commissioners.

Business owners protest ban on holiday work

HOLMES BEACH – Two business owners asked city commissioners to reconsider the ban on construction work on city holidays.

“I understand the need for an ordinance that will ensure quiet enjoyment, but I believe its intent has been vastly over stepped,” Karen LaPensee, of LaPensee Plumbing and Pools said.

The issue came up at a City Commission meeting in November when Chair Judy Titsworth, speaking on behalf of her husband, a contractor, asked the city allow construction activities on city holidays such as the day after Thanksgiving. At the time, commissioners were not inclined to make any change in the ordinance.

LaPensee said there is a dilemma because service repair is considered construction activity.

“I have been told there can be no scheduling of service such as replacement of faucets, toilet repairs, sink repairs, AC filters or pool maintenance,” LaPensee explained. “I ask what disturbing decibel level these services create?

“Do you now go on to discriminate against just a few services or include all services to homes such as furniture delivery, rental equipment, carpet cleaning, Bright House Verizon, the Geek Squad set up of you big TV or pizza delivery? How do we differ? Why are we being excluded?”

She said a pool that is not maintained for two days can turn foul and green and leaky pipes can result in mold.

“You are elected to be good stewards of our community, it residences and businesses,” she concluded. “We ask you to listen, learn and enact those legislations that promote and benefit us all.”

Another protest

Jeb Stewart, of Stewart’s Landscaping, echoed her sentiments and pointed out that his company maintains most of the city’s adopt a spots at his expense.

“We always follow the rules,” he said. “We are professionals.

“I understand there’s holidays we can’t work here like Thanksgiving, but you can’t tell me I can’t bring my crews out here and work on the day after Thanksgiving.”

He said not working on the day after Thanksgiving cost him $800 and that he is going to have to work on the day before New Year’s Day and similar days.

“It doesn’t make sense to me,” he continued. “If you aren’t going to work with me, I’m probably not going to be interested in doing that with you any more (maintaining the adopt a spots).

“I speak for all the lawn guys. I absolutely have a right to work and you can’t take that away. I’ve never been to a city commission meeting in my life, so this is important to me.”

Commission discussion

Titsworth said she agrees with them and said, “We have people who work for us who need to make money. It’s a noise ordinance, and it should mean things that make noise.

LaPensee asked about emergency situations, and City Attorney Patricia Petruff said service persons are allowed to respond to emergencies.

Titsworth said the ordinance should not apply to service persons. Commissioner Pat Morton agreed, and Commissioner Carol Soustek said she would like to discuss it at another work session.

“We have to determine what types of service we are going to allow – installation of an air conditioning unit outside when it’s not an emergency on a holiday or to put in a new pool pump,” Police Chief Bill Tokajer said.

“These are things that people complain about on the holidays. We’re not just going out and looking for this. Police officers are responding to calls where people are calling us and complaining.”

Mayor Bob Johnson said he and staff have been working with stakeholders and would report to city commissioners with a recommendation.

Lawton Chiles Christmas for Kids resumes

TOM VAUGHT | SUN

DeMayah Bacon is all smiles after getting her packages
from Santa.

Santa paid an early visit to the beach as the Lawton Chiles Christmas for Kids resumed after a one-year hiatus.

The annul event brings children from Head Start and other charitable agencies to the Sandbar restaurant gazebo each year for fun games, face-painting, balloons, lunch and a visit from Santa.

The Chiles Group organizes the event. Every child who attends gets a toy, clothes and a certificate for food. Owner Ed Chiles and his staff take donations to pay for the items, and they wrap presents and organize everything so no child is left out of the fun.

This year, Santa came in from the beach via an all terrain vehicle driven by Sgt. Paul Davis, of the Manatee County Sheriff’s Office. As they caught a glimpse of the jolly fellow, the kids ran to him and surrounded him. Before long, Santa was seated among presents and children fulfilling the with of former Florida Governor Lawton Chiles to make Christmas special for kids of families who are struggling to make ends meet.

 

Front yard pools drained

HOLMES BEACH – Despite misgivings by some, city commissioners approved the first reading of an ordinance banning front yard pools last week.

At their last discussion in November, they agreed not to allow any exceptions to the ordinance. However, City Planner Bill Brisson said they might want to reconsider.

“I feel it should only be in R-2 because people were concerned about resort housing, ” Chair Judy Titsworth said. “And I do want to have a special exception

“I don’t know why this came up. The only problem was Seaside Gardens.”

The City Commission learned about the potential problem when the building department received an application for a front yard pool in Seaside Gardens several months ago.

Commissioner Marvin Grossman said he didn’t think it would matter if someone had a big lot and added, “Maybe in R-1 they have to show a reason why.”

Titsworth said she felt the decision should be up to the homeowner, not the city commission.

Commissioner Carol Soustek disagreed and said, “The city has a responsibility for the future. We got caught by not addressing potential dangers years ago. That’s why we spend so much time putting in regulations.

“If you want a pool and you have a small yard and you’ve maxed the property, sell the house and buy a house where you have room for a pool.”

Commissioner Pat Morton agreed with Soustek and said, “We don’t need it.”

Titsworth said if they think it might be an eyesore, they could require screening.

The vote was 3/1 with Titsworth dissenting and Commissioner Jean Peelen absent for medical reasons.

Bridge Street Christmas Saturday

Taking place Saturday, Dec. 19, from 4:30 to 8:30 p.m., and sponsored in part by The Sun, the annual Christmas on Bridge Street celebration held in Bradenton Beach will include some things old, some things new and all things festive.

“We really want the focus to be on the entertainment this year and our artisan vendors of all ages,” said Bridge Street Merchants’ secretary and Sea-renity Spa owner Amanda Escobio.

The entertainment roster will include a new addition on the form of the Dickens Carolers, who currently perform at the Powel Crosley Estate in Bradenton. This troupe of professional actors will be in period costumes while singing and telling stories, with performances at 6:30 and 7:30 p.m.

The Russ & Brandi duo will host the entertainment program again this year and bring their spirit-filled acoustic music to the festivities, preceded by performances by the Rowlett Academy chorus from Bradenton and Roser Community Church’s new Joyful Noise choir.

The area’s best hot chocolate bar returns again this year with “way more than marshmallows,” says event chair Caryn Hodge.

In addition to the special sales offered by the various Bridge Street retailers, Christmas on Bridge Street will feature its own Holiday Market, which will again include the Children’s Craft and Cookie Bazaar.

An extensive collection of prizes and holiday wreaths, donated by merchants from Bridge Street and beyond, will be featured in a silent auction and a raffle, and this year raffle tickets will also be sold in advance at Bridge Street Interiors/Mermaid Haven. The Roser Food Pantry will be the sole beneficiary of this year’s event proceeds.

And for the first time in a few years, folks can again view the Cortez Yacht Club’s Holiday Lighted Boat Parade from the renovated Historic Bridge Street Pier. The boat parade starts at dusk and will pass by the pier en route to the Seafood Shack.

Christmas on Bridge Street will take place in the market lot at 107 Bridge Street. For more information contact 941-896-2222 or visit www.christmasonbridgestreet.com. For more information on vendor space for children or adults contact Cindy Thompson at events@visitbridgestreet.com or 941-536-4257.

Peninsula Bay in planning stages

CORTEZ – Whiting Preston’s proposed Peninsula Bay general development plan has been reviewed by county staff and will be presented to Manatee County Commissioners at some point in the future.

If approved, the master-planned community would be located on 358-acres of agricultural property that surrounds the Sunny Shores community, between Cortez Road and Palma Sola Bay. The property is owned by Preston’s Pen Bay 1 LLC and is currently used as a flower farm.

The proposed development calls for the construction of 1,800 single-family homes and 150 multi-family residential units, including a bed and breakfast. The plans also call for a marina basin and dry boat storage, a boat ramp, a kayak launch, a navigation canal connecting to Palma Sola Bay, the construction of a 67-acre lake, walking trails and waterfront shopping and dining.

“We want to create a place that can be enjoyed by both residents and those in the surrounding community. We envision a place that connects people to the water through increased opportunities for access and at the same time protects the waterways for future generations,” said a written announcement released by Pen Bay 1.

According to the county’s 2010 Land Use Chart, PD-R zoning allows single and multi-family residential units. The zoning also allows for a bed and breakfast, with limitations.

PD-R zoning does not allow for water-dependent uses such as a marina or for non-residential waterfront structures; nor does it allow for restaurant and retail structures, which means additional county commission approvals will likely be needed in the form of rezoning, variances or special exceptions.

The property is also located in the Coastal Planning Area, which requires additional review; and mangrove removal would also require county commission approval and additional approval at the state and regional levels.

When asked, Pen Bay 1 spokesperson Linda Gross said the project would have “limited impact” on the mangroves.

Additional project information and updates can be found at www.BradentonsFuture.com.

Cortez concerns

The proposed development has already caused concern for some Cortez residents.

“I am not happy with the requested increase in density and intensity compared to the original project I saw back in 2007,” said Florida Institute for Saltwater Heritage (FISH) board member and former County Commissioner Jane von Hahmann.

She feels the county commission has been too accommodating when approving developers’ requests, but she takes some solace in the fact that the Peninsula Bay project would be subjected to the recently reinstated county impact fees. The new fees end a 10-year period in which developers were not required to help offset the costs of the transportation and infrastructure needs created by their developments.

“Adding several more stop lights and thousands of additional automobile trips per day isn’t going to help an already failing transportation system on this part of Cortez Road during season,” she said.

FISH board member and 32-year Cortez resident Linda Molto shares von Hahmann’s views regarding commission approvals and the lack of restrictions placed on developers.

“I’m very concerned about the shoreline and the waterway coming in for boat storage. How will the shoreline be altered to accommodate this? I also wonder how the residents of Sunny Shores feel about being fully-enclosed by this development,” she said

“The traffic is horrendous now and every additional house built usually adds two more cars. Almost everybody is going to go out to the beach or out to the Island for dinner, shopping or sightseeing. I can’t see allowing all this development on a two-lane road. If they are going to make it a four-lane road, they’d have to do it on the north side of the road, because the south side is protected.”

When asked about the property owners’ right to develop their property, Molto said, “You have to take into consideration what’s around it. How do you get to and from these places? The county commissioners should be out here holding meetings with us to help come up with solutions.”

Based on past commission decisions, Cortez resident Joe Kane thinks the commission will grant any approvals the project requires. He also said he feels campaign contributions from developers influence the commission’s development decisions.


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