The Anna Maria Island Sun Newspaper


Vol. 16 No. 23 - April 6, 2016

headlines

Island mayors send transportation project list to officials

Carol Whitmore

Cindy Lane | sun

Traffic congestion continues to be a problem on the barrier islands.

The four Island mayors have sent a letter to officials in the cities of Bradenton and Sarasota, Manatee and Sarasota counties, the Sarasota/Manatee Metropolitan Planning Agency and the Florida Department of Transportation (FDOT) regarding ways to immediately impact traffic congestion on the barrier islands.

According to the letter, "We are asking each agency to review the list and work with other appropriate agencies to determine when such an improvement can be implemented. Some of the recommendations are within the Manatee County area of responsibility and some are in FDOT's areas and some recommendations involve local, county and state agencies.

"The mayors would like to work with each agency to help bring these quick fixes to fruition. We will be contacting each agency to follow up on implementation plans."

Priorities

Short-term transportation priorities include:

• Determine the viability and effectiveness of express buses both on Manatee Avenue and Cortez Road, with only two to three central pick up stops in Bradenton/Palmetto and ending at the Manatee or Coquina beaches. Provide rider coupons for use at beach concessions, and collaborate with local business to promote service. Gather data on the number of users for recreation purposes, and determine the most appropriate type of bus to serve this user group.

• In coordination with Manatee County, lease a portion of the parking lots at 75th Street and Manatee Avenue and 75th Street and Cortez Road and offer shuttle service to and from the Island for Island employees. Coordinate with the Chambers of Commerce and local businesses to encourage employees to use bus service and collect data on trip usage. Work with Chambers to coordinate drop off locations, work hours, shift changes, etc. to make a shuttle more efficient.

• Reduce drawbridge lifts on Cortez, Anna Maria Island and New Pass bridges to one per hour and less during peak traffic periods and consider a reduction in lifts on the Longboat Pass Bridge.

• Monitor traffic flow remotely using the cameras already installed and adjust red light/green light time accordingly to facilitate the flow off and onto the Island.

• Continue to press forward with the currently funded FDOT study on bridge openings and automated traffic signal timer (four lights) for monitoring and adjusting signal timing from the Manatee County Traffic Management Center.

• Consider manual override of traffic signal for law enforcement to allow for maximum traffic flow on or off the Island as needed on heavy beach days.

• Increase Island trolleys to two routes from Coquina Beach to Manatee Beach and Manatee Beach to Anna Maria and provide an extra trolley when needed.

• Improve traffic light operations at Cortez Bridge to 119th Street to allow better traffic flow on Cortez Road. Consider a proposal by a citizen representing the Longboat Key Revitalization Task Force.

In addition, they attached a list of priorities to be included in a barrier island to mainland traffic study to be conducted by FDOT.

Carleton gets 21 months

TAMPA – US District Judge Steven D. Merryday has sentenced former Holmes Beach real estate agent Michael Carleton to 21 months in a federal prison for taking deposits on rental units that were not available. Carleton, 53, was convicted of mail fraud Nov. 25 last year.

In addition, Carleton is required to pay $200,000 in a judgment against him in two cases where he took deposits and failed to deliver on rental units or their down payments. He is also required to pay $136,048.96 to his victims. His company, Coast Line Accommodations, book more than 70 renters, according to court documents.

After receiving complaints, the Holmes Beach Police Department investigated Carleton until U.S. Postal investigators took over.

Carleton's real estate license was suspended in 2013 by the Florida Department of Business and Professional Regulation, and charges of operating without a license were brought against him, but the trial was cancelled in 2014 after federal investigators charged him with mail fraud.

The Anna Maria Island Chamber of Commerce was called upon to try to get replacement rentals for some of the people who paid for a vacation rental from Carleton. Chamber President Deb Wing said she is happy that Carleton will be off the streets and have to pay restitution.

"Although this was an unfortunate situation, this island quickly rose to the occasion, once we became aware of the issue, to help both visitors and businesses affected by a fraudulent act," she said. "It takes an island to catch a thief, and that is exactly what our Anna Maria Island community did."

Wing praised local businesses that helped the victims.

"In many instances we were able to find suitable accommodations at no additional cost to the visitor, which shows the dedication we all have to giving our visitors a positive experience," she said. "Our chamber received numerous letters of thanks from visitors for our island hospitality and willingness to help."

Wing had some suggestions for those seeking vacation rentals in an unfamiliar location.

"Never book an accommodation from Craig's list – ever, she said. "Try to book from locally trusted real estate rental companies or from online booking websites that are secured and trusted. When in doubt, before you pay a deposit, please contact your local Chamber of Commerce as they are familiar with all the local businesses and business owners as well as local accommodations units and can help verify their legitimacy."

Occupancy ruling anticipated

Anna Maria Island Sun News Story

Kathy Prucnell | Media Pool Photo

Attorney Randolph Smith addresses Judge Gilbert Smith Jr.,
with Mayor Dan Murphy and attorneys Wade and Becky Vose
watching with keen interest.

FANNA MARIA – As of Monday, city officials and potentially-impacted vacation rental owners were still awaiting a judge's ruling on whether an eight-person occupancy limit is legal.

Circuit Court Judge Gilbert Smith Jr. conducted a hearing in downtown Bradenton on Friday, April 1, the same day the city of Anna Maria's vacation rental ordinance took effect.

Smith said he hoped to issue a ruling this week.

Assisted by attorney Aaron Thomas, attorney Randolph Smith represented Florida Gulf Coast Vacation Homes LLC. State records list Joe and Kelley Varner as the authorized personnel of the LLC that shares an address with Anna Maria Vacations and Anna Maria Island Beaches Real Estate; the latter of which lists Joe Varner, Shawn Kaleta and James Bayer as authorized members. None of the plaintiffs attended the hearing.

The plaintiffs sought a motion for summary judgement that would render Section 108-53 of the vacation rental ordinance null and void.

Attorney Wade Vose represented the city, assisted by his mother, City Attorney Becky Vose. The city sought a final summary judgement that denied the plaintiff's motion and granted the city further relief.

Mayor Dan Murphy and City Commissioners Carol Carter and Doug Copeland attended the hearing.

The challenged ordinance states the maximum occupancy of a vacation rental shall be limited to the lesser of two persons per bedroom, plus two persons, or a total of eight occupants.

A rental property containing more than one structure or rental unit is limited to eight occupants per lot or structure, whichever is less.

The grandfathering clause allows for five-years a maximum occupancy of two persons per bedroom in existing rentals, regardless of the number of bedrooms. When the provision expires on April 1, 2021, the occupancy restrictions would apply to all vacation rentals.

The occupancy restrictions do not apply to owner owner-occupied properties.

Plaintiffs' arguments

Randolph Smith said restricting occupancy is an attempt to prohibit vacation rentals, and that authority is preempted to the state.

In 2014, Senate Bill 356 amended House Bill 833 and returned to municipalities some ability to enact with local legislation pertaining solely to vacation rentals.

"A local law, ordinance or regulation may not prohibit vacation rentals, or regulate the duration or frequency of rentals," the amended state law says.

Citing Black's Law Dictionary, Randolph Smith said, "Prohibit means to forbid by law, to prevent, preclude or severely hinder. The ordinance has the effect of prohibiting a vacation rental."

He also cited a 2014 advisory legal opinion in which Attorney General Pam Bondi said the city of Wilton Manors could not limit vacation rentals to certain zoning districts. Bondi noted those restrictions had to be in effect before the adoption of HB 883 in 2011.

Defendants' arguments

Wade Vose said state limitations placed upon local governments pertain only to an outright prohibition of vacation rentals or limiting their frequency or duration of use.

"There's no such thing as vacation rental that necessarily has to be rented to right or more persons. There's not one vacation rental in Anna Maria that cannot continue to operate due to the occupancy limit. The city's occupancy limits are not a prohibition, but just a regulation the property owners don't like," he said.

Vose said Smith used a secondary definition of the word prohibit that blew right by the primary definition.

Citing Kentucky case law, Vose said, "Prohibit is not synonymous with regulate."

He felt Bondi's opinion actually supported the city's position.

He said extensive analysis would be needed to determine how severely the restrictions would hinder vacation rental owners and any curbed earning potential could be addressed by a Bert Harris claim.

In closing

After a short recess, Judge Smith praised the attorneys and said, "I really appreciate the arguments you made and the way you presented them. We don't see this every day."

During rebuttals, Smith said 32 of his clients' 69 properties, or 46 percent, contain four or more bedrooms.

"If that doesn't severely hinder the owners of these properties I don't know what does," he asserted.

The judge asked if the attorneys were aware of any similar cases taking place in Florida.

"I don't not believe there's any other case in regard to occupancy limits being preempted to the state," Randolph Smith said.

"This may not be the last court that hears this," the judge said.

FDEP weighs in on day dock

joe hendricks | sun

A recent FDEP review of the city's submerged land
lease indicates that tour boats and most other commercial
vessels cannot up tie up to the city day dock.

BRADENTON BEACH – City officials have received the letter they requested from the Florida Department of Environmental Protection (FDEP) regarding the use of the city day dock and the commercial spaces located at the foot of the pier.

Dated Thursday, March 31, the letter from FDEP Southwest District Director Mary Yeargan was addressed to Building Official Steve Gilbert.

"The Department has conducted a review of the uses of the city of Bradenton Beach pier and day dock. It has come to the department's attention that commercial vessels use the day dock to conduct unauthorized revenue generating activities … the lease limits the use of the day dock to the mooring of recreational vessels and a water taxi," the letter said.

This statement contrasts an e-mail response provided in February by FDEP spokesperson Lori Elliott.

"The lease authorizes temporary mooring of vessels on a first-come, first-served basis. The lease provides for services to be offered to various public users," the previous response said, making no reference to non-authorized commercial uses.

FDEP's latest response may negatively impact the business operations of Paradise Boat Tours, Anna Maria Sailing Adventures, charter fishing boats, bait salesman John Maguire and others that use the day dock.

Police Chief and Pier Team facilitator Sam Speciale questions whether FDEP took into account that users pay no fees to the city and financial transactions are not allowed on the dock. A city ordinance prohibits selling or offering any merchandise, article or service without city commission consent.

Speciale also said FDEP has not defined what constitutes a water taxi is, and that's something he now seeks. His research failed to produce a definition. Bradenton Beach ordinances contain no references to water taxis, and neither do Manatee County's. Florida Statutes provide no such definition, nor do the FDEP and U.S. Coast Guard websites.

During the Feb. 18 commission meeting, Mayor Bill Shearon said, "The way it was explained by the attorney was a water taxi goes from point A to point B; there's no side excursions."

Paradise Boat Tours owner Sherman Baldwin subleases city-owned commercial space at the land-end of the pier. He uses the space as a tour terminal. He also sells bait, rents and sells fishing gear and provides concierge services for eight other local businesses.

"I researched the term water taxi and spoke with FDOT and FWC and nobody on a state or county level was able to define the term," he said.

Some Florida municipalities do have ordinances that define water taxis.

Tampa's ordinance defines a water taxi as watercraft capable of being used as a means of transportation and engaged in activity where a fee is paid for transportation from one destination to another.

The Naples ordinance says a water taxi is a vessel offered for hire to transport passengers to and from properties adjacent to local waterways.

Baldwin recently purchased a second vessel for use as a water taxi and he believes his continued business operations can be conducted in a manner compliant with the submerged land lease.

Remedy proposed

The FDEP letter says the city can pursue authorization to use the leased area for commercial purposes by submitting an application for consideration. The letter says modifying the existing lease to allow for additional commercial uses would result in the city forfeiting the fee waiver it currently receives.

"If the city wishes to retain the lease fee waiver, it will be necessary to eliminate the ongoing commercial uses at the day dock," the letter says.

During previous commission discussion, Commissioner Jake Spooner said a modified lease would cost about $2,500 annually. He suggested Baldwin would be willing to share those costs, and Baldwin said he would.

Spooner feels a commercial lease would create additional revenue for the city. The commission directed Shearon to follow up on this request, but no further action has been taken.

The FDEP letter referenced a second subleased commercial space and said, "All activities must be for a municipal recreational purpose … It does not include concessions, leases and subleases to businesses not related to the former, such as jewelry stores and clothing shops."

This contrasts the previous FDEP response that said, "The submerged land lease does not regulate the kind of activity that is occurring on adjacent uplands."

The FDEP letter concludes by saying, "Please contact the department within 15 days to discuss a resolution to the matter referenced above."

Speciale referred to a survey document that indicates the subleased commercial spaces lie outside the submerged land lease boundaries, and he said the efforts to further clarify these matters are ongoing.

Petitioners protest rental restriction change

HOLMES BEACH – A group of property owners in the R-1 zoning district have petitioned the city regarding a change in rental restrictions that is set to take effect in 2017.

In 2007, the City Commission changed rental restrictions in the R-1 zoning district from weekly to 30 days. Rental owners who could prove they were renting at the time were allowed to continue to rent for anther 10 years. However, at the end of 10 years, they would have to comply with the 30-day minimum.

The group of property owners has asked to meet with city commissioners because they feel the change would cause them to suffer substantial financial hardship as well as a loss in the value of their property. They said after 2017 they will be "in the difficult position of trying to find tenants who can afford to stay at the beach 30 days or more consecutively."

The owners that signed the petition include Linda Gallen, Robert Gutierrez, Richard Garguile, Marcia Ward, Debra Gutierrez, David McClenhan and Robert Hartung. Their property is located between 42nd and 52nd streets,

Petition by property owners

In their petition, they maintain:

• All the properties have more than adequate off street parking.

• The owners reside in Manatee County or have Island real estate firms available to immediately respond to problems.

• The properties have not been subject to any nuisance complaints.

• The change would diminish their property values and constitute a taking for which they are entitled to compensation.

• The properties are within walking distance of the beach, are difficult to rent monthly and are popular with families with children. The ordinance would reduce the availability of rentals to families with children.

• There are hundreds of properties nearby were short term rental is not restricted, and permitting those to continue "is arbitrary, invidious discrimination without justification and constitutes spot zoning."

The petition maintained that the city has violated the petitioners' procedural due process rights under the Fifth and 14th amendments to the Constitution and Section 9, Article 1 of the Florida Constitution.

Food, music and auction at the Grand Affaire

ANNA MARIA – The Grand Affaire, The Center's 26th annual gala, will be held on April 16, from 6 to 11 p.m. in The Center's Grand Ballroom, 407 Magnolia Ave., Anna Maria.

The Chiles Restaurant Group will present a culinary experience that features culinary parings with wine. Hors d'oeuvres include caviar with blini, oysters, charcuterie and cheese with accouterments. The first course will be a farm inspired, seasonal salad, and the main course will be dry aged rib eye with port and lobster with beurre blanc with seasonal vegetable gratin. For dessert, choose from torched meringue, hand shaved blueberry granite and Key lime profiterole.

Entertainment will be provided by Howl at the Moon, an interactive, high energy, dueling piano show, set to a variety of music from classic rock to today's tunes.

Guests can bid on silent auction items throughout the evening. The live auction will be pared down to a few fabulous packages, and paddles will be used for this portion of the event. Items will be available online before the event with an option to buy now.

Tickets are $175 per person. The black tie event begins with social hour at 6 p.m., and dinner will be served at 7:30 p.m.

Sponsors for the event include The Sun, Mainsail Lodging and Development, Motorcoach Store, Progressive Cabinetry, Erik Abrahamson of Abrahamson & Uiterwyk, Pineapple Fish and Bright House Networks.

Sponsorships are available and include and include Affaire, $10,000; Entertainment, $6,000; Gold, $5,000; Silver, $2,500; and Friend, $750. To become a sponsor, contact Affaire Chair Dawn Mishler at 941-518-4997 or by e-mail at dmishler@tampabay.rr.com.

Moratorium petition requested

joe hendricks | sun

Pricilla VonAhnen and her husband Frank Harrison are
among those still pushing for a building moratorium
in Bradenton Beach.

BRADENTON BEACH – The citizen-led efforts to enact a building moratorium remain ongoing.

Longtime city resident Pricilla VonAhnen recently requested from City Clerk Terri Sanclemente an Ordinance Initiative Petition form that could ultimately result in a voter referendum on a potential moratorium ordinance.

The petition form VonAhnen received includes language from Article IV of the city charter that addresses ordinance enactment by way of citizens' initiative.

The petition form says, "The electors of the city may propose ordinances to the commission provided a minimum of 50 electors or 10 percent of the electors voting in the last city election, whichever is greater, have signed a petition on a form provided by the city clerk."

Three hundred and ninety one ballots were cast in the Nov. 2015 city elections, which means 50 signatures are needed. An informal list containing more than 150 signatures was previously presented to the City Commission as part of the efforts to have a moratorium enacted due to concerns about large vacation rental homes being built in residential neighborhoods.

"Within 10 working days of receipt of the completed petition, all signatures shall be submitted to the Supervisor of Elections Office by the city clerk for verification. The commission is bound to act on the petition and proposed ordinance within 90 calendar days after the date of verification. If the proposed ordinance is not adopted substantially as presented, or if it is rejected, the proposed ordinance shall be included on the ballot for the next city general election or for a special election if necessary," the form states.

"This process is not available for the city budget, appropriations or the remuneration of city officers, contractors or employees," the form notes.

According to Sanclemente, VonAhnen must be assigned an ordinance number before a draft ordinance can be prepared by VonAhnen or someone else representing the moratorium supporters. As of Sunday, this had not yet happened.

"This office cannot provide legal advice as to the process and procedures set forth in Article IV of the city charter. You are responsible to provide all appropriate information and the correct number of signatures," the form states.

If the commission fails to act upon a citizen-initiated ordinance presented in this manner, the moratorium committee's efforts will shift to the fall elections.

"Our committee is preparing to get the moratorium issue on the ballot in November if that is what it comes down to," VonAhnen said last week.

"I am asking for a town hall meeting at the April 7 commission meeting to discuss other options to protect our town, but the moratorium is our backup," she said.

VonAhnen said some of the original committee members and some new members planned to meet at the Annie Silver Community Center on Tuesday, April 5, at 6 p.m.

"We need to get this going so we do not miss the deadline for November," VonAhnen said.

In August, VonAhnen's husband, Frank Harrison, was the first to ask the commission to enact a building moratorium.

In September, the previous commission voted against a proposed moratorium on residential structures with four or more bedrooms and chose instead to work on a quality of life ordinance that contained new vacation rental regulations.

In December, the current commission voted 3-2 in opposition to a four-month moratorium on permitting for residential structures containing five or more bedrooms in the R-1 and R-2 residential zone districts.

Ribbon cut on Holmes Beach postal unit

Pat Copeland | Sun

Sally Woodward and Julie Quinlivan cut the ribbon
on the door to the contract postal unit.

U.S. Post Office (USPS) officials joined former contract postal unit (CPU) holders Jack Jackson and Peggy Meyers and new CPU holders Julie Quinlivan and Sally Woodward last week to cut the ribbon on the unit in Holmes Beach.

Carol Shirley, retail manager of the Suncoast District, said, "We're happy to see Jack and Peggy pass the torch to Julie and Sally."

Holmes Beach Mayor Bob Johnson said the postal unit "serves an essential purpose for our residents. Thanks to Peggy and Jack, you are a personification of this community. To the Lucky Shoppe, thanks for continuing a great lineage.

"This is a celebration and a reflection to tell us where we've been, where we are and an opportunity to look at the future."

Other USPS officials who joined in the ceremony were Patricia Jones, Bradenton Beach postmistress; Chris Borgeson, CPU coordinator of the Suncoast District; and Kim Buckley, acting manager of the USPS operations.


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