BRADENTON BEACH – The day dock at the Historic Bridge Street Pier was the site of a peaceful protest on Tuesday, March 8.

In the middle of the three-vessel blockade was Bradenton Beach Marina owner Al Bazzy, who stood aboard a floating rental center that formerly served as a floating and navigable wedding chapel.

To the west of Bazzy was embattled bait salesman John Maguire and his two-vessel commercial operation.

The eastern edge of the city-owned public docking facility was blocked by the Pride & Joy commercial fishing boat owned by Ryan Davis.

The blockade limited access to the day dock throughout the day and was staged in protest to tour boats and other commercial vessels being allowed to use the dock in addition to recreational vessels.

When discussing these efforts Tuesday morning, Police Chief and Pier Team facilitator Sam Speciale said he found Bazzy’s methods creative and somewhat humorous and not in violation of laws or regulations.

On a more serious note, Speciale said, “It appears Mr. Bazzy is not as concerned about public access to our day dock as he previously claimed.”

Speciale was referring to recent complaints Bazzy and his son Mike have made in regard to tour boats using the day dock and taking up space that could be used by recreational boaters.

Around noon, a recreational boater managed to squeeze into the lone remaining dock space, between the rental center and the fishing boat. A few minutes later, another boater passed by the day dock, where no docking space remained.

Around this same time, Paradise Boat Tours owner Sherman Baldwin directed the captain of his tour boat to pull up to the dinghy dock in front of the Bridge Tender Inn due to the lack of available space on the day dock. After walking over to the dinghy dock and trying to arrange numerous dinghies in a manner that allowed for safe access, Baldwin redirected the tour boat back to the most eastern edge of the day dock, where it pulled in bow-first so passengers could disembark.

Although the blockade was an inconvenience to Baldwin, he too found humor in Bazzys latest method of expressing his views on the pier-related disputes the marina owner is engaged in.

The blockade did not return the following day or later in the week, and Baldwin said private conversations took place with some of the parties involved in an attempt to resolve their differences. Baldwin provided no details of those conversations.

Bazzy and his son Mike are plaintiffs in a lawsuit filed as part of their objections to the use of the commercial spaces next to the AMOB restaurant space. The AMOB ownership group leases the restaurant space and the two adjacent commercial spaces from the city and subleases the smaller spaces to Baldwin and two other subtenants.

As of Monday morning, city officials were still awaiting written correspondence from the Florida Department of Environmental Protection (FDEP) that supports the state agency’s recent verbal confirmation that the current uses of the day dock and upland spaces do not violate the FDEP-issued submerged land lease.

During the Thursday, March 10, department head meeting, Speciale said nothing would change in terms of the current dock uses until the FDEP letter is received. When that happens, Speciale intends to work with the city commission and the city attorney to amend an existing city ordinance in a manner that would include a length of stay provision for commercial vessels.

“Once we get that letter, we’ll bring that forward to you guys,” Speciale told the attending commissioners.

HOLMES BEACH – A couple’s attempt to build a house on their lot with three front yards in the Palm Harbor subdivision has brought to light problems with two ordinances approved last year.

One was Ordinance 15-19, which required a front yard along each street upon which a lot or parcel fronts and the other was Ordinance 15-20, which banned front yard pools.

Peggy Jude, of One Palm Harbor Drive, gave a power point presentation on the challenges she and her husband, Ron, have encountered trying to design a house to fit on the lot bounded by 43rd Street, Palm Harbor Drive and Palm Harbor Boulevard She said the 20-foot front yard setbacks have decreased their buildable lot space considerably and would significantly impact the pool and dining room.

“In order to have a pool, we have to move our deck close to the house and lose our dining room,” she explained.

"We could redesign, but we would have to condense our home and go up.

“One of the things we’re trying not to do is build one of those straight up and down houses. We don’t think it fits in the neighborhood. We want to blend in with the neighborhood.”

She said her research has shown there are six other properties in the city that front on three streets. One is the vacant lot adjacent to their property, and the others are currently developed.

“We have a unique circumstance, and there’s no way you could have foreseen this as an outcome,” she said. “We’re seeking your support for allowing some flexibility in dealing with the unintended consequences.”

Discussing options

City Attorney Patricia Petruff said when the commission approved Ordinance 15-19, “we suspected there would be potential issues for some.”
City Planner Bill Brisson said they could limit the number of front yards required to two, but “to go beyond that, I have a problem. To me that’s the best solution and it’s fair.”

He said if they designate the front yard, the one behind it should be the rear yard. However City Attorney Patricia Petruff said that if they do that, the setbacks on the rear yards would change to 10 feet.

Commissioner Marvin Grossman said only two of the seven lots are empty, and the others are built out, but Brisson pointed out that the owners could tear them down and rebuild.

Chair Judy Titsworth suggested that they allow the rear yard to only be used for accessory structures and not allow a building to be bumped out.

Commissioner Jean Peelen asked about offering a special exception. Building Official Jim McGuiness said special exceptions are primarily for uses, and Petruff added that it’s hard to prove special circumstances on a vacant lot.

Titsworth asked about homes built between 2010 and 2016, which had a side yard that is now considered a front yard, and said they should be grandfathered. Brisson said he drafted a provision addressing that circumstance.

Commissioners agreed that Brisson, Petruff and McGuiness would continue to work on a solution and bring the issue back to another work session.

ANNA MARIA – City commissioners and City Attorney Becky Vose are working on a new ordinance that would limit future vacation rental occupancy in the Residential/Office/Retail District (ROR).

If adopted, the proposed ordinance would limit occupancy to no more than eight overnight guests in vacation rentals that are the result of redevelopment or new construction. The ROR ordinance would not apply to existing structures in the zoning district.

The proposed ordinance deals primarily with occupancy, and other than the commercial use limitations already in place, does not create additional vacation rentals regulations similar to those included in the vacation rental ordinance that applies to residential structures elsewhere in the city.

Commissioner Chuck Webb noted that the ROR district encompasses Pine Avenue and a small portion of Gulf Drive.

Due to pre-existing agreements with the city and the desire to avoid another lawsuit, the area within the ROR district that encompasses the Pine Avenue Restoration Project (PAR) would remain exempt from the new occupancy limits.

Commissioner Dale Woodland wondered why the proposed ROR ordinance differed from the vacation rental ordinance.

“I thought we were going to basically replicate in the ROR what we did in R1. Are we not doing that? We’re not going to have registration, we’re not going to have inspections; none of that’s going to apply?” he said.

“That is not what I asked for in a draft. I thought there was a feeling on the commission that we just wanted to limit the number of guests staying in these vacation rental to eight. ROR is different than residential because it is commercial,” Commissioner Doug Copeland said in response.

“That’s right,” Mayor Dan Murphy said.

Commissioner Carol Carter said, “With our vacation rental ordinance, we had two per bedroom, plus two for a maximum of eight, whichever is less. Is there a reason we didn’t do that here?”

Vose said she was simply asked to include a maximum occupancy of eight.

Copeland said the commission could change that if it wanted.

“I would use the exact language we’ve got in the other one,” Woodland said.

“We should be consistent,” said Commissioner Nancy Yetter.

When Woodland asked Vose if she thought the city should notify potentially-affected property owners, Vose said notification is always a good idea.

The proposed ordinance was originally scheduled for Planning and Zoning Board review on Tuesday, March 8, but that hearing was postponed until Tuesday, March 22.

The existing vacation rental ordinance is scheduled to take effect Friday, April 1, pending the outcome of an injunction hearing scheduled to take place at 1:30 p.m. that same day.

BRADENTON BEACH –The City Commission work meeting discussions regarding the supervision of city staff continued last week, but no final decisions were made.

Further clarification and formal commission action is expected when the work meeting discussion continues on Tuesday, March 22.

The Tuesday, March 8, work meeting featured nearly three hours of additional conversation on topics first discussed at the Feb. 23 work meeting and further discussed at the March 3 commission meeting.

The commission’s goal is to provide definitive interpretations of city charter language that addresses the roles and responsibilities of the mayor and commissioners, and the supervision of department heads and appointed charter officials.

Reviewing charter language first-discussed at the Feb. 23 meeting that Shearon missed, Commissioner Ralph Cole said, “The mayor is the executive head of the city government. In addition to serving as a voting member of the commission, the mayor is responsible for administrative oversight of the city government. The mayor has the primary responsibility for ensuring the city operates in accordance with the policy mandates of the commission. The mayor shall convey policy directions from the commission to the appointed officials.”

The terms executive head and administrative oversight are not defined in the charter, and the charter makes no specific references to the mayor being a supervisor.

At Cole’s request, language from the city Website was read aloud: “The specific system of government used in Bradenton Beach is known as the weak mayor system. In this form of the mayor/commission government, the commission possesses both legislative and executive authority.”

Cole believes department heads answer to the commission as a whole and the mayor serves as a liaison to those responsible for carrying out commission mandates.

Shearon said a liaison’s role would make it difficult for him to carry out the duties he was elected to perform. He also said department heads cannot function with five bosses.

Cole’s father, Gail, served as mayor and commissioner in the 1990s.

“When they asked him for advice he gave it to them, but I don’t think he gave them any direction,” Cole said.

“I do not give direction to department heads. I can suggest, I can recommend,” Shearon said.

“I don’t see so much suggesting as I see demanding from you Mr. Mayor,” Commissioner Jan Vosburgh said.

She also mentioned an e-mail Shearon recently sent City Treasurer Shayne Thompson and others regarding AMOB restaurant owner John Horne’s request to allow dogs on the waterfront patio leased from the city.

As a non-department head, Thompson reports to City Clerk Terri Sanclemente and was acting on a request made through her by Police Chief Sam Speciale. Thompson later sent an e-mail to Horne and city officials that said the city’s insurance company had no liability concerns about the patio use.

Shearon responded with an e-mail to Thompson that copies to others and said, “I would like to know who directed you to research this issue and give an opinion regarding pets on the pier.”

In regard to this, Vosburgh said, “You sent a rather disrespectful note to Terri. I told you I was going to work with you, but I think you are micromanaging. She delegated a job to him, and you seemed to get upset about it.”

Shearon said he was not sure which e-mail Vosburgh was referring to.

The employee handbook says department heads supervise all subordinate departmental personnel.

In regard to Shearon’s interactions with staff, Cole said, “You have to allow the city clerks to do their jobs without tying them up doing stuff they don’t really need to be doing.”

Cole also said, “We don’t have a city manager, and I don’t think it says the mayor is the city manager.”

At one point, Shearon said, “I guess I’ve been given my direction. I’ve gotten a clear understanding from you folks. You don’t want me to be involved in the day-to-day operations. Let’s try it that way and see how it works.”

Shearon’s acceptance of these determinations seemed less certain after commissioners agreed to review his own charter interpretations.

The commissioners agreed the mayor should assist with issues and disputes that involve two or more department heads, but they still want those concerns brought to the commission.

The commissioners did not accept Shearon’s interpretation that said, “The mayor is the supervisor of the department heads.”

Cole said, “I disagree with the fact that you are supervisor. If you read the charter it’s plain and simple.”

Commissioner Jake Spooner said, “We have this dysfunction in the city, and it’s so distracting. I feel like we’re not really getting anywhere. Instead, we’re constantly dealing with this type of stuff. I’d like to get it nailed down, what everybody’s duties are, and let’s focus on improving the city.”

BRADENTON BEACH – Mayor Bill Shearon and his fellow City Commission members do not see eye-to-eye on the issues discussed at last week’s work meeting.

One of the primary topics of discussion was the supervision of city department heads.

After Wednesday’s Land Development Code hearing, Shearon was asked what he took from the previous day’s work meeting.

“I was very happy with the end result. We went through my sheet and came to an agreement,” he said.

Shearon was asked if he thought Tuesday’s meeting suggested changes were forthcoming in regard to his authority to supervise department heads.

“No. To me, there’s no changes. I’m doing the same things that I’ve always done. I’m glad Commissioner Cole brought this forward because this is the first time there has been a clear understanding. I believe it clarifies everybody’s stance, including the department heads, so everyone’s on the same page.”

Shearon was asked about the contrasting interpretations he and the commissioners offered regarding oversight and supervision.

“Supervision is a word and probably has multiple definitions,” the mayor said, noting that he considers the terms supervision and oversight to be interchangeable.

Commissioner Jan Vosburgh had a different take on last week’s discussion.

“I overheard a conversation in the chamber a couple of days after our March 8 meeting indicating that there was no change in the mayor’s responsibilities. That is not what I concluded from our discussions,” she said.

Commissioner Jake Spooner said he agrees with some of what Shearon said during Tuesday’s meeting, but he does not agree with Shearon’s interpretation that he, as mayor, is the department heads’ supervisor.

“I think we’re moving in the right direction to define everyone’s roles and responsibilities. I hope this whole process reduces the turmoil that has been plaguing Bradenton Beach for the last two years so we can focus on our main responsibilities: the betterment of the city,” Spooner said.

“We’re going in the direction of the weak mayor system with the mayor serving as a go-between for the department heads and the commission. After the meeting, I felt like everything was still up in the air, and that’s why we scheduled another meeting to clear everything up.”

Commissioner Ralph Cole said, “What I was pointing out was that the mayor cannot do anything without the approval of the commission. Just read the charter. He can give direction according to the mandates of the commission. The commission is five people, and its takes a 3-2 majority to get anything done in Bradenton Beach. The mayor can give department heads direction, but only direction that is given by the commission.”

Vice Mayor Ed Straight did not participate in last week’s work meeting and he was absent with excuse.

During the March 3 commission meeting, resident John Metz expressed his opinion that the commission does not have the authority to interpret the city charter.

City Attorney Ricinda Perry addressed that claim during last week’s work meeting.

“That’s an incorrect statement, and I have a page of case law that says the body that administers the charter has the responsibility to interpret the charter, so you do have the right to have the discussion you’re having,” Perry said.

BRADENTON BEACH – City officials will have to determine if commission term limits have been eliminated and if so, should they be reinstated?

Before the November elections, the city charter said commissioners could serve no more than three consecutive two-year terms, but that charter review process may have changed that.

A call to the Manatee County Supervisor of Election’s Office on Friday, March 11, provided no clarity in regard to term limit elimination, but Deputy Supervisor Sharon Stief had an opinion on who would make that determination.

“As to whether or not term limits are gone, that is up to the city,” she said.

Stief referred to the charter amendment ordinance, ballot language and additional exhibits the city submitted to the elections office in order to have the charter amendment ballot questions placed on the ballot.

“That’s exactly what we received,” she confirmed.

The ballot language presented to city voters said, “The city charter provides that candidates for elective office shall be electors registered and residing in the city of Bradenton Beach for nine months immediately prior to the date of qualifying. Should the city revise its charter to increase the residency timeframe to 24 months?”

Voters approved the amendment, but few, if any, ever saw the accompanying charter language that made no reference to term limits, other than the strike-through language included in an exhibit included with the amendment ordinance.

“The verbiage we received from the city is what was put on the ballot, and that’s what the voters voted on. I can’t say if term limits are gone or not.” Stief said.

In August, the Charter Review Committee (CRC) proposed eliminating term limits. The commission then voted 3-2 in favor of retaining term limits and not placing the question on the ballot. When reviewing the charter amendment ordinance and language presented by City Attorney Ricinda Perry later that month, no one noticed the strike-through language that indicated the potential removal of the term limit reference.

“I believe the ordinance the commission reviewed on two separate occasions and adopted was unequivocally clear that term limits were removed per the CRC’s recommendation. Whether there was a scrivener's error, the removal was what the commission actually approved,” Perry said last weekend.

She said a different interpretation could be determined by a court of competent jurisdiction if someone wished to pursue it.

“Case law on the subject matter looks at whether a reasonable voter was able to understand what they were voting on,” Perry said.

Additional opinions

During last Tuesday’s work meeting, the commission briefly discussed term limits.

“There is no term limitations,” Mayor Bill Shearon said.

Shearon, who was not in office at the time, recapped the events that transpired and said, “It’s immaterial because the voters voted.”

Vosburgh was one of three commissioners who supported maintaining term limits in August.

“I do not think we should have term limitations. I will not be running again, so it will not affect me, but it’s hard enough to get people to run for these positions. If we get good people, we should let them continue to stay on. Mistakes happen and we should let that go. I don’t have a problem with that,” she said Tuesday.

“I don’t either. It was brought up by Commissioner Cole. I just wanted clarification so we’re all on the same page,” Shearon said.

Vice Mayor Ed Straight is the other third-term commissioner scheduled to term-limit out of office next fall. When contacted, he said, “I am not sure what I would do, but I would consider running again if it was ruled on that way.”

When discussing term limits informally later in the week, Building Official Steve Gilbert expressed his opinion that term limits remained. He said voters were not asked about term limits and the charter can only be changed by the voters. He suggested the existing charter language could be corrected before being codified and posted at the Municode Website.

In contrast to what he said Tuesday, Shearon agreed.

When serving as mayor, Jack Clarke voted to retain term limits.

Last week, he said the August meetings could be reviewed to determine if the deletion of term limits was a scrivener’s error. He said the city could reinstate the term limit language, by amendment if necessary, if desired.

HOLMES BEACH – City Attorney Patricia Petruff advised city commissioners not to discuss a proposed property vacation ordinance at last week’s meeting.

When Chair Judy Titsworth called for a staff report, Petruff explained, “This is not a public hearing,” she said. “We’ll get a staff report and information at the public hearing.

“Pass it on first reading as a ministerial duty and in anticipation of having a public hearing where all evidence is presented.”

She said the City Commission could take public comment, but no one exercised that right.

The vacation request is for a portion of Second Avenue between 38th and 39th streets. It is adjacent to Manatee Public Beach.

City Planner Bill Brisson recommended denial of the application because the parcel could be used for beach parking for bicycles, motorcycles and golf carts; it would deprive the adjoining parcel of vehicular access; and it is in violation of the city’s comprehensive plan.

Attorney Scott Rudacille, on behalf of his client. A.T. Sutton, LLC, objected to the proposed vacation and said, “Our client owns the Bamboo Apartments property, which is adjacent to and directly south of the area proposed for vacation.

“This right of way is used frequently by their guests for pedestrian access to the Surf Shop, Skinny’s, trolley stop, public beach and Beach Café without having to walk along Gulf Drive.”

He asked the city to preserve the right of way for public use.

The Manatee County Attorney’s office reviewed the request in December and opposed it. In addition, Building Official Jim McGuinness rejected the application as inconsistent with the city’s comprehensive plan.

The public hearing on the vacation request was set for March 22.

Susan Thomas has announced she will be closing her store, Giving Back at 5312 Holmes Blvd., on Saturday, April 9

Thomas started Giving Back six years ago to raise money for charities on the Island by taking donations of used items, selling them and donating the proceeds.

“I’ll have a clearance sale starting Tuesday, March 22,” She said. “What I have left after that I will donate to Roser Church and St. Vincent DePaul.”

Thomas explained why she opened the store.

“When my youngest went to college, I decided I needed a project,” she said. “Luckily, we owned the Art League building (where the store is located) so I was able to operate the store and only use proceeds for the electric bill.”

Now, she said, she wants to step back and relax.

“I think we might spend more time in North Carolina where we have a place,” she said. “We might spend six months there and six months here.”

She’ll always remember the people who helped her make Giving Back a success.

“We have been able to contribute more than $80,300 to charity,” she said, “There have been some real generous people over the years.”