The Anna Maria Island Sun Newspaper


Vol. 16 No. 19 - March 9, 2016

headlines

The Center is debt free

Carol Whitmore

Maureen Shuman | submitted

From left, front, The Center's Executive Director
Kristen Lessig and donors Joey and Chuck Lester
and rear, Treasurer Jim Froeschle and board
chair Bill Shuman burn the mortgage.

ANNA MARIA – Hallelujahs are in order – The Center’s mortgage has been paid off!

“I’m over the moon!” Executive Director Kristen Lessig declared. “This is the first win in the 15 months that I’ve been here. It’s a freeing, exciting feeling. Now we can move forward.”

Lessig said negotiations with mortgage holder BB&T Bank have been ongoing, and the deal was sealed on Monday morning, Feb. 29. Funding came through the Manatee Community Foundation allowing Center officials to pay $300,000 on the $1.1 million they owed on the building. The deal will save the Center $100,000 per year.

“BB&T worked with us to make this happen as a way to support the community,” Lessig explained.

“And the community foundation officials felt they wanted to support The Center because we’re on the right path.

“Everything is a win-win since this building is paid off, and Anna Maria Mayor Dan Murphy has acknowledged that the building is now ours.”

The Center’s treasurer, Jim Froeschle added, “The Community Center is grateful for the support that has enabled us to pay off our mortgage. It is indicative of a positive view of the future of the Center that many people hold.

“This is a crucial first step in strengthening the financial condition of the Center that will put it on a solid financial path. But there is still work to do in diversifying our revenue base to bring in new sources of funding that will ensure the financial health of the Center for the long term.”

Building for the future

Lessig said officials plan to build the donor base and partnerships and slowly and deliberately build the program offerings.

“It’s been a huge dark cloud looming over our heads,” she said. “To have that burden off our shoulders allows us to focus on building for the future.

“With partnerships, more support from the Island cities and the county, tapping into our visitor population and focusing on local families, we’re on the right track. This is a key year for us – a rebuilding year.

She said partnerships are currently being cultivated with the Bradenton Gym Rats, the Manatee County Convention and Visitors’ Bureau, Mote Aquarium and IMG Academy.

“We are looking at rental agencies, corporate memberships and city employee memberships,” she said. “We are asking what we can do for the cities so they want to help us more.”

“We’re hoping this will create an excitement and energy. I’m not OK with mediocre; I want to be great.”

“I’m very pleased with the recent accomplishment of our team,” Board Chair Bill Shuman said. “Paying off our mortgage was a big win, but only the first step in our plan to achieve long term financial stability for The Center.”

“Our plan requires the support of the entire community – individuals, businesses, the cities. We will keep the community posted regarding our on going efforts to strengthen the financial condition of The Center.”

Waterline ready to set sail with new permit
Carol Whitmore

Mainsail Lodging and Development Company | submitted

 

HOLMES BEACH – In a project where patience is a virtue, Waterline has finally received a building permit.

Waterline, located near the intersection of Marina and Gulf drives, will be the Island’s first full service hotel. Mainsail Lodging and Development, of Tampa, is developing the project.

“It’s very exciting,” Mainsail President Joe Collier declared. “Everybody will be pleased when they see it rise from the ashes. It’s been a long time coming. I think people will be impressed by the product.

“I can’t wait to have it open. It will be a good center of commerce. People will see the marina become a much more robust operation. We’ll make it all come together and look great.”

“We’re thrilled,” Mainsail partner Brian Check added. “There’s been a lot of work put into it to try and make the grand entrance into Holmes Beach for residents and guests to appreciate. It fits in well with the old Florida community.”

The process to approve the project took 21 months after city commissioners objected to various aspects of the site plan. Over that period of time the company reduced the area of the buildings by 20 percent, removed 2 ½ buildings and added parking to satisfy commissioners.

While the company submitted building plans last year, Building Official Jim McGuinness reported to commissioners in January, “The project was filed a number of months ago prior to the building code change. It was under designed at that point.

“On Dec. 21 we received a new set of revised plans. Everything was revised, including the foundation system. It had to be completely re-reviewed.”

Check explained, “We used the time while that process was going on to get our drawings and contractors ready to go. In the next two weeks the foundation work will begin, and by the end of the month, there will be a lot of activity at the site.”

Initial plans were to complete the project by November 2016, but that has been revised to early 2017, said Check, who added that they plan to be vertical by the end of the year and working on interiors.

“A book could be written about this,” Check quipped.

The project includes a lodge that will feature two-bedroom suites with gourmet kitchens, an 80-seat restaurant and meeting rooms; a second building with two-bedroom lodging units and a 50-boat slip marina with day slips for guests.

The company also owns the Tidemark Shoppes center adjacent to Waterline and the Mainsail Beach Inn at 101 66th Street.

City responds to rental lawsuit

Anna Maria Island Sun News Story

joe hendricks | sun

City Attorney Becky Vose has begun the lay
the groundwork for the city’s next defense of its vacation
rental ordinance.

ANNA MARIA – City Attorney Becky Vose has filed a response to the vacation rental ordinance lawsuit filed last month on behalf of Florida Gulf Coast Vacation Homes LLC.

In defense of the vacation rental ordinance adopted last fall, Vose filed her motion for final summary judgement and memorandum of law with the 12th Judicial Circuit Court on March 1.

Her motion focuses primarily on the plaintiffs’ claim that the occupancy limits contained in the city’s vacation rental ordinance (VRO) act as a de facto prohibition of vacation rentals.

In her motion, Vose wrote, “Plaintiff does not allege that the VRO regulates the duration or frequency of rentals, and in fact, the VRO does not do so. Instead, the plaintiff alleges that the occupancy limits on vacation rentals constitute a prohibition of vacation rentals. Plaintiff states that it is self-evident that the ordinance forbids vacation rentals with more than eight persons, and therefore prevents, precludes and severely hinders vacation rentals.

“The ordinance that is being challenged specifically exempts from its application rentals pursuant to rental agreements that were entered into before the enactment of the VRO. Therefore, the number of persons in a vacation rental that is regulated by the VRO is totally dependent upon the number of overnight guests the owner of the vacation rental allows pursuant to a rental agreement entered into only after the adoption of the VRO,” Vose wrote.

This was a reference to the grandfathering clause that allows existing vacation rentals two occupants per bedroom, regardless of the number of bedrooms, for the next five years. The grandfathering provisions then expire and occupancy is limited to no more than eight guests.

“There is no such thing as a vacation rental that necessarily must be rented to more than eight persons. The restriction to eight persons is a regulation, not a prohibition. There is not one vacation rental in Anna Maria that cannot continue to operate as a vacation rental after the effective date of the VRO due to the limitation on occupancy,” the motion states.

Vose’s filing also says vacation rental owners are not without remedy in regard to their investments and can file a Bert Harris claim in an attempt to obtain compensation for perceived lost revenue.

Vose included in her motion analysis language pertaining to the adoption of Florida Senate Bill 356 in 2014. “The bill permits local governments to create regulation that distinguishes vacation rentals from other residential property. In the past, local government regulations have included noise, parking, registration and signage requirements,” the cited analysis language states.

Expressing her own legal opinion, Vose wrote, “The statute only restricts local governments from imposing three types of restrictions: outright prohibitions, regulations as to the duration of vacation rentals and regulation of the frequency of rentals.”

Vose included numerous examples of case law she feels support her arguments.

In conclusion Vose wrote, “Wherefore, defendant, city of Anna Maria, respectfully requests that this honorable court enter final summary judgement in favor of the city of Anna Maria.”

The first hearing in this case is scheduled to take place at 1:30 p.m. on Friday, April 1, at the Manatee County Judicial Center in downtown Bradenton. Among the items expected to be addressed is the plaintiff’s request for a temporary injunction that would delay the implementation of the vacation rental ordinance scheduled to take effect that day.

Attorney files Bert Harris claim

HOLMES BEACH – Aaron Thomas, representing 306 Clark LLC has filed a Bert Harris claim against the city.

According to the letter from Thomas, construction on the home there began in 2015, the same time the city imposed a moratorium on remodeling or construction of homes with four or more bedroom/sleeping rooms.

“In an attempt to mitigate their damages, as a Bert Harris claim was not immediately available, the owner began construction on a three- bedroom, per unit duplex structure,” Thomas wrote.

In September, commissioners approved an ordinance establishing a maximum of four bedrooms in single-family homes and two per side in duplexes in the R-2, R-3 and R-4 zoning districts.

Thomas said the ordinance ‘imposes an inordinate burden on my client’s vested rights in this property, which prevents it from attaining its reasonable investment backed expectations, a four-bedroom per side duplex structure,” and claimed damages of $84,600.

He further noted that construction is at a standstill “due to the city’s denial of a building permit adding a full bathroom off the living room, as the city believed this essential converted the living into an impermissible fourth bedroom.”

He said the owners agreed to construct half bathroom, however, if they prevail in the Bert Harris claim and be permitted to construct a fourth bedroom, they plan to convert the half bathroom into a full bathroom.

The city has 150 days to respond to the claim with a written settlement offer.

AMOB makes dog-friendly move ...

joe hendricks | sun

Pending commission approval, AMOB’s waterfront
patio may soon be dog-friendly.

BRADENTON BEACH – Earlier this year, Anna Maria Oyster Bar President John Horne inquired whether dogs could be allowed on the restaurant patio that abuts the city’s Historic Bridge Street Pier.

After last week’s Pier Team meeting, Horne asked Police Chief and Pier Team Chair Sam Speciale for an update on the matter.

At the request of Speciale and City Clerk Terri Sanclemente, Treasurer Shayne Thompson conducted some research into any liability concerns that might pertain to dogs on the restaurant patio.

On Thursday, March 3, Thompson shared his findings in an e-mail he sent to Horne, Speciale, Sanclemente, Mayor Bill Shearon and the four city commissioners.

“I placed a call to our insurance carrier, FMIT, and determined that language to prohibit pets on the patio does not exist. Therefore, as long there is no negligence as a result of their presence, there is nothing to prohibit them from being on the patio. I asked specifically should an event, such as an injury, occur would the city be liable and the answer was no; the pet owner assumed that responsibility. I hope this clarifies your question” Thompson wrote.

Later that day, Shearon responded with an e-mail that said, “Shayne, This is a pier team responsibility, I don't recall it being discussed yesterday. I would like to know who directed you to research this issue and give an opinion regarding pets on the pier and communicate with Mr. Horne? Pets are not currently allowed on the pier. I look forward to your response.”

Because he is legally blind, Shearon is allowed to take his guide dog Reese on the pier and also inside the AMOB restaurant, which would remain off-limits to non-service animals.

When this matter was first discussed in January, Speciale said the City Commission would have to amend adopt an ordinance that prohibits dogs on the pier. He suggested a line be designated just outside the restaurant patio that would indicate dogs are not allow past that point and out onto the fishing pier.

Speciale responded to Shearon’s e-mail with an e-mail of his own later that day.

“Mr. Horne had requested at a previous Pier Team meeting if he would be allowed to have dogs on the patio deck. He stated that he was interested in having a pet-friendly restaurant. He advised me of the state regulation regarding dogs in a food service facility and was asking if there were any liability issues that would affect the city,” Speciale’s e-mail said.

“As Pier Team facilitator, I requested the clerk’s office to ask our liability carrier if there was an issue regarding this issue. Shayne was given that task and asked to get back to me with an answer.

"We are aware that pets are not allowed on the pier but he had no intention of allowing dogs past the patio deck area and out on the pier structure. So if there is an issue with who directed Shayne to do the research and notify Mr. Horne, that would be me, and I take full responsibility for any action that you feel was out of line,” Speciale’s e-mail concluded.

... and makes good on first lease payment

File Photo – Joe Hendricks | Sun

The AMOB restaurant is generating revenue that
is shared with the city of Bradenton Beach.

 

Bradenton Beach City Treasurer Shayne Thompson sent the mayor and city commissioners an e-mail regarding shared revenues received from the AMOB restaurant ownership group On Wednesday, March 2.

“I would like to take this time to give you an update on our relationship with We’re Back/AMOB, as there are some on the commission that were not here when the lease was signed. In addition to the timely rent we receive, the terms of our lease also provides for 2 percent of the gross sales. I am happy to report that the city and its citizens received our first check yesterday afternoon in the amount of $3,519.40, which is based on sales figures of $175,970,” Thompson wrote.

“It should also be noted that by the terms of our lease, the percentage sum portion is to be paid on the third month, at the same time as rent. Mr. Horne is paying 30 days prior to his agreed upon date. On behalf of the city, I look forward to a future and the mutually beneficial relationship that has been established with We’re Back and Mr. Horne,” Thompson’s e-mail concluded.

Tropical Treasures Boutique offers unique gifts

pat copeland | sun

A selection of jewelry that will be available at
the Tropical Treasures Boutique on the Tour of Homes March 19.

ANNA MARIA – Find the perfect gifts for yourself or friends at the Tropical Treasures Boutique at The Center of Anna Maria Island’s Tour of Homes on Saturday, March 19, from 10 a.m. to 4 p.m.

The boutique committee spends months crafting colorful, whimsical, beach-themed gifts for visitors to purchase. This year’s boutique will be located at the home of Dave and Kerri Welch at 513 83rd Street, Holmes Beach.

Boutique offerings include shell mirrors, jewelry made from recycled materials and Mah Jong tiles, decorative oars, throw pillows, wall art, cork jewelry and utensils, flip flop fly swatters, hand stenciled dinner napkins, hand painted potholders and a selection of baked goods and tropical jams and jellies, all sponsored by Duncan Real Estate.

In addition, there will be several silent auction items made by local artists including a hand painted curio cabinet and corner table. Bids will be awarded at 3 p.m. on the day of the tour.

Tour goers also can win the tour quilt made by the Eyeland Needlers. The quilt is on display at The Center, 407 Magnolia Ave., Anna Maria, where tickets are available for $1 each or six for $5. The quilt will be on display at the boutique the day of the tour, and tickets will be sold until the drawing at 3 p.m. at the tour boutique.

Five homes on tour

Homes on the our include Jenifer and Shawn Kaleta, 104 48th Street, Lisa and Mike Brakefield, 615 Ivanhoe Lane, Diane and Kurt Snouffer, 534 70th Street and Dave and Kerri Welch, 513 83rd Street, all in Holmes Beach, and Erik Abrahamson, 810 South Bay Blvd., Anna Maria.

A free shuttle will be available at CrossPointe Fellowship, 8605 Gulf Drive, Holmes Beach, the day of the tour to take visitors to each home.

Tour of Homes tickets are $20 and are available at AMI Sun newspaper, 202 Palm Ave.; AMI General Store, 503 Pine Ave. The Center, 407 Magnolia Ave.; Ginny and Jane E’s, 9807 Gulf Drive; The White Egret, 10006 Gulf Drive; Egret’s Nest, 10010 Gulf Drive; Duncan Real Estate, 310 Pine Ave – all in Anna Maria; AMI Chamber of Commerce, 5313 Gulf Drive; Islander newspaper, 3218 East Bay Drive; LaPensee Plumbing, 401 Manatee Ave.; The Egret’s Landing, 5602 Marina Drive; Island Fitness, 5317 Gulf Drive; Holmes Beach Ace Hardware, 3352 East Bay Drive – all in Holmes Beach; and Crowder Brothers Ace Hardware, 5409 Manatee Ave., Bradenton.

Tour sponsors include Anna Maria Island Sun, Beach to Bay Construction, Duncan Real Estate, Green Real Estate, Bradenton Herald and The Islander.

For more information call Sandee Pruett at 941-518-7717.

Policy clarification continues

joe hendricks | sun

City commissioners' interpretations were
summarized at last week's meeting.

BRADENTON BEACH – Clarification of the policies that determine the mayor and city commissioner’s roles and the supervision of city department heads continues to be the subject of discussion and debate.

These matters were discussed at the Thursday, March 3, City Commission meeting and are scheduled for continued discussion at the Tuesday, March 8 commission work meeting. These topics were previously discussed at a commission work meeting that took place Tuesday, Feb. 23. During that work meeting, the four attending commissioners reached consensus that they would like a resolution prepared clarifying the terms “executive head” and “administrative oversight,” as referred to in a city charter description of the mayor’s responsibilities.

The agenda for the March 3 commission meeting called for a motion to formally direct City Attorney Ricinda Perry to draft the clarification resolution the four city commissioners requested during the Feb. 23 work meeting. Mayor Bill Shearon did not attend that meeting due to a death in his extended family.

A document included in last week’s agenda packet summarized the commission’s interpretations of these terms as they appear in the city charter.

Prepared by Perry, the summary says, “No elected official, mayor included, may direct charter officials or department heads without commission approval.”

Charter officials include the police chief, city clerk, city attorney, building official, city planner, public works director, building official and city treasurer. City Treasurer Shayne Thompson was hired by City Clerk Terri Sanclemente and currently reports to her, rather than serving as a department head that reports directly to the commission.

“Department heads are in charge of their respective department and must come to the entire city commission for special issues or projects beyond their fiscal allowance. As the executive head with administrative oversight, the mayor’s relationship to department heads is that of a liaison who is only responsible to make sure the charter officials are doing what the city commission has directed or had adopted in policy,” the summary states.

Although discussion ensued, no formal action was taken on the requested resolution to be further discussed at the previously-scheduled March, 8 work meeting.

After listening to a recording of the Feb. 23 work meeting, Shearon sent an e-mail to each of the commissioners prior to last week’s regular commission meeting. Shearon’s e-mail included his interpretations of the terms executive head and administrative oversight.

“The mayor is the supervisor of the department heads and the liaison for department heads and the commission,” he wrote.

“Department heads communicate current and future activities of their department to the mayor on a regular basis, and to the commission at department head workshops. The mayor has the responsibility to be proactive addressing concerns for compliance issues; a reactive approach fails to provide accountability," he added.

During last week’s meeting, Shearon said, “The intent of this was to resolve the issues and get closure. Things can’t keep going this way, and that’s the reason why I took the time and effort to write out a summary of what I feel I was elected to do. This, I believe, is how every mayor has done it before.”

When Shearon asked the commissioners to review his e-mail interpretations point-by-point, Commissioner Jan Vosburgh suggested they wait until Tuesday’s work meeting.

“With all due respect, why? You guys discussed it for two hours,” Shearon said, in reference to the work meeting he missed.

Vice Mayor Ed Straight and Commissioner Jake Spooner agreed with Vosburgh’s suggestion to continue the discussion at the work meeting.

It was also agreed that the workshop would be the proper venue to further discuss the recent discovery that commission term limits may have been unknowingly eliminated during the charter review process that took place last year.


AMISUN ~ The Island's Award-Winning Newspaper