ANNA MARIA – Anna Maria City Pier tenant Mario Schoenfelder and Manatee County officials have presented scenarios in which they would help pay for the rehabilitation of the Anna Maria City Pier; but the offers come with caveats and conditions.

Anna Maria Mayor Dan Murphy provided City Commissioners with these details during the May 12 meeting.

Commissioners were previously provided with a copy of a letter Schoenfelder sent Murphy on May 6.

"We have identified a $2 million problem based upon the study that we have. We have a $1.7 million project and then the associated costs with that study, getting permits and other things. To that end, the TDC (Tourist Development Council) has informally, not formally, agreed to a $1 million matching fund. Through the use of grants, concession fund money and other sources we can come up with another half-million dollars. That leaves us with a half-million dollar problem," Murphy said.

He recapped a recent meeting he had with Schoenfelder and the letter in which Schoenfelder presented his offers in writing. Schoenfelder owns The City Pier Restaurant, gift shop and bait sales businesses that operate in leased space at the T-end of the city-owned pier.

"It was a fact-finding meeting, not a negotiation," Murphy said, noting that he needs commission approval to negotiate with Schoenfelder.

"He will pay a quarter million dollars of refurbishment, but it's contingent on a renegotiation of the lease to a 10-year lease. The absolute bottom line is a 10-year lease," Murphy said.

"He made a second offer. He would cover the whole half-million problem with a 10-year lease, but with two years free rent. In other words, he's forwarding us the money. We would have the half-million identified, but we would have to go two years without rent payment; and under both scenarios, for any down time, he wants to be compensated with no rent," Murphy explained.

Schoenfelder's letter stated he is willing to $12,000 a month for the first five years of a renewed lease, preceded by two rent-free years. After seven years, he is willing to pay $13,500 for the remaining three years of a renegotiated lease.

"If the commission decides against my offer and still wants to perform the rehabilitation before the existing lease expires, the city would need to determine whether TCPR Inc. would be compensated for the loss of income or get an extension of the existing lease to compensate for the time of rehabilitation," Schoenfelder wrote.

Schoenfelder entered into a 10-year lease with the city in 2000, and it was later extended until 2020. According to the lease, his monthly rent is currently $9,420 and increases to $10,800 in late 2018.

"I'm not asking for your vote tonight, for the primary reason that we're missing Commissioner (Carol) Carter," Murphy said. "I think this is a very important issue and I think it requires full commission input."

That vote is scheduled for Thursday, May 26

In regard to the county's offer, Murphy said, "The county will forward-fund $250,000 required to do the permitting, engineering and that type of work. That's going to take two years. Our half-portion would be due at the completion of that phase. They will not forward-fund the actual construction itself. They will match on a pay-as-you-go basis. They want us to be totally responsible for the project management, which would be included in the $2 million cost. All these county funds are contingent on using their approved engineering firm. The verbiage this afternoon was if you want to do something different you're on your own," Murphy said.

According to Charlie Hunsicker, the director of the Manatee County Parks and Natural Resources Department, the county's preferred engineering firm is CB&I, the firm who prepared the original pier feasibility report, with Bridge Design Associates as their subcontractor.

If county funds are used, CB&I would be responsibile for the design, permitting and construction documents needed for the pier rehabilitation. Manatee County would secure these services and complete the reports, construction drawings and state environmental permits only for the pier structure itself.

"The city would be responsible for the design, permitting and preparation of construction drawings for any structural or utility reconstruction supporting vendor or lease-based activities on the pier. The county will work in close coordination with the mayor, city commission and their staff throughout the multi-year design and permitting process," Hunsicker said, when contacted later in the week.

"Competitive selection of a qualified contractor to conduct the reconstruction according to the plans and specifications will be the responsibility of the city," Hunsicker said.

If the city commission authorizes Murphy to negotiate with Schoenfelder, those discussions will take place in a setting that is open to the public and the press. Murphy said he does not want to risk subjecting the city to a lawsuit similar to the one filed against the city of Bradenton Beach alleging Sunshine violations occurred when that's city's pier lease was negotiated last summer.

HOLMES BEACH – Mayor Bob Johnson has announced that he plans to run for a second two-year term.

"I feel good," Johnson said. "Everything is positive right now."

When Johnson came into office two years ago, the city was undergoing a number of changes, and Johnson said his first objective was stability and capacity.

"Things had been up and down, especially in the building department," he explained. "The city was going from sleepy town to busy town, and we needed to get the right capacity and quality in staffing.

"We did that in two critical places – building and code enforcement – by bringing in experienced qualified people with an attitude of customer service."

Johnson said another issue was the lack of performance management.

"We had no way of looking at the process or if it was being performed well," he said. "We had a prehistoric IT operation and archives of paper files, but no data base that was retrievable."

He said the city implemented the CitizenServe system that took it "from dark to light" and added, "We can now manage ourselves and be proactive and deliver service to our customers.

"The real key is how everybody works as a team within departments and across departments and how we can improve the operations.

"I want teamwork and process management fully imbedded. We have the first layer in the maturation of this city, and that's not something I can walk away from."

He said one thing he is particularly proud of is how the three Island cities have been cooperating, especially in the areas of drainage and an Island-wide bike path. He said the money the city has saved with this cooperation, such as sharing start up costs, has enabled the city to do more with its money, including a project at Spring Lake.

"Stability is really important right now," he concluded. "I firmly believe in the confirmation of that through elections. I look for the citizens' confidence in me to bring positive change to the city of Holmes Beach."

Chair Judy Titsworth and Commissioner Marvin Grossman have said they also plan to run for reelection. Qualifying begins at noon on June 20 and ends at noon on June 24.

BRADENTON – The folks at the Bradenton Area Convention and Visitors Bureau (CVB) were hit with a bolt of criticism from Tampa Bay Lighting fans over the weekend.

The criticism stemmed from advertising the CVB placed on rally towels that expressed support for the Pittsburgh Penguins hockey team. The towels were given to those who attended Game 1 of the National Hockey League eastern conference finals game Friday night, May 13; a game in which the visiting Lightning defeated the Penguins 3-1.

The towels carried the message, "Lets Go Pens!" and featured the CVB logo and the words "Bradenton," "Anna Maria Island" "Longboat Key" and "BradentonGulfIslands.com."

When the story went viral, the online backlash included a call for potential visitors to boycott the Bradenton area. Fan reaction prompted CVB officials to issue a press release explaining the ad placement.

"We have and will continue to support the Tampa Bay Lightning through our annual marketing initiatives and wish both teams the best of luck," CVB Executive Director Elliott Falcione said in the statement.

The press release mentioned deep roots to the Pittsburgh area due to the Pittsburgh Pirates holding their spring training activities in Bradenton, and it said marketing campaigns with Pittsburgh sports teams increased visitation from that area by 37 percent.

"It's a great way to get our brand in front of a demographic that meshes with our visitor profile," Falcione said.

On Sunday, CVB Communications Director Kelly Clark said, "The towels were not sent to the Penguins. We did not produce them; they are given out at every Penguins' playoff game. Each game has a different ad on it. The cost to have our brand on the towels was $6,000. The advertising buy was not made to back or cheer for any team; they represent our organization's objective to drive visitors to our area. We remain a proud sponsor and marketing partner of the Tampa Bay Lightning, investing more than three times the amount we invest with the Penguins."

Clark was asked if the CVB staff was aware the towels would be distributed at a game against the Lightning.

"We were contacted by the Penguins marketing staff before they were matched up. We had the opportunity to be in front of thousands of potential visitors at a very low cost. I happen to be a huge Lightning fan and I was not offended even after it was clear they would be playing the Bolts."

The CVB's tourism promotions are funded by the county resort tax, about half of which is generated by accommodations on Anna Maria Island.

"At no time does the CVB use or invest ad valorem tax or sales tax proceeds to promote our area for tourism," Clark said.

On Monday, Clark said the CVB was looking into the financial feasibility of doing additional promotion at a Lightning home game, and there are no plans for additional sponsorship at an upcoming Penguins game.

Local reaction

Resort owner and Bridge Street Merchants association president Angela Rodocker was asked about the advertising effort.

"I don't believe that is it is the intent to divide our team spirit, yet what an amazing opportunity to advertise our area to a target market. I have faith the CVB will take this into consideration going forward," she said.

Many residents voiced displeasure to Anna Maria Mayor Dan Murphy.

"I have received numerous calls regarding the CVB message. I assured those who called that the city of Anna Maria was not behind that effort, but unfortunately our name is on the towels," he said Sunday morning.

Bradenton Beach Code Enforcement Officer Gail Garneau said the towels were the subject of scorn at a neighborhood party she attended in Anna Maria Saturday night.

"As a sports fan, I take issue with the CVB spending money to rally against the home team," she said.

The Swordfish Grill and Flippin' Mullet Sports Bar in Cortez has become a popular spot to watch Lightning games and General Manager Bob Slicker is a season ticket holder.

"We love the Lightning here and we would prefer the CVB support our home team. Besides, we use beach towels, not those little crying towels the Penguins' fans will use when they lose," he said.

Those who watch a Lightning playoff game at the Flippin' Mullet and stay until the end of the second period receive a free raffle ticket.

"When the Bolts win the series, one lucky ticket holder will be going to a Stanley Cup Final game with me," Slicker proclaimed.

HOLMES BEACH – Building Official Jim McGuinness reported on progress at the Waterline development at last week's City Commission meeting.

"They were able to successfully remove the existing foundations from the ground, crushed them and will use them for parking lot base," he said. "The only parts of the old foundation that remain are the parts that will be used in the new construction."

He said a live power line and water line were relocated and the site is being prepared for building pads. The piles will be installed next week and take approximately five days.

"They're scheduled to start going vertical the first week in June," he continued. "We're working with the developer to make sure the impact to the city as to truck traffic and other things is as minimal as possible."

He said the floors are precast, which means there won't be concrete trucks coming onto the site. They will be cast off site and brought in.

"We're looking forward to an excellent project."

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 it.

Mainsail partner and Vice President Brian Check said, "We have released the design team to produce photo realistic images for the city and to post on the site so people can get a sense for how it will look."

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.

Holmes Beach Police were called to the Citgo store, at 3015 Gulf Drive, on Monday, May 10, after a state inspector found a credit card skimmer at pump #1. Skimmers are used to record credit card numbers of people using the cards to pay for fuel at the pump.

The store's owner said that the pump had not been working correctly on Saturday, May 7, so he placed a cash only sign on the pump.

The owner also found that the door to pump #5 was open when he opened the store on May 10. Holmes Beach Detective, Sgt. Brian Hall said that might indicate that a skimmer had been placed in pump #5 and the criminal that placed it there had retrieved it. Hall said he took the skimmer they found to the crime lab to check for DNA and fingerprints.

Since the original report, two additional skimmers have been recovered from the gas pumps. The suspects returned on May 10 around 9:10 p.m. driving a brown Ford Excursion.

The same truck returned on May 13 around 8:26 p.m. and pulled up to pump #5. One of the suspects entered the store and was captured on the store's security video, Police Chief Bill Tokajer said in a press release. The video has been recovered from the three incidents.

In the first incident, the suspect vehicle was a newer dark SUV. In the second and third incident it was an early 2000 model Ford Excursion. One of the suspects is a white or Hispanic male with multiple tattoos on both arms, possibly 25 years old.

If anyone finds that their credit cards or bank accounts were compromised after using the credit card reader at the pumps, they are asked to contact Detective Sergeant Brian Hall at 941-778-COPS.

BRADENTON BEACH – In an effort to work within the confines of a new ordinance that clarifies the mayor's limited role as a weak mayor, Mayor Bill Shearon has provided some suggestions to city department heads.

On May 7, Shearon sent an e-mail to the department heads, charter officials, senior staffers and city commission members.

"With commission's recent decision that department heads are supervised by the commission in public meetings, as mayor I have limited responsibilities nor authority regarding private contractors or assisting you as a department head. I request your assistance in my administrative oversight responsibilities," he wrote.

"For accountability I strongly suggest the following:

• Use of professional service contractors be within your department budget and spending authority. I recommend the use of the RPS (request for professional services) for your accountability;

• Department activities that exceed your budget or spending limit will require prior commission approval;

• My discretionary spending will require pre-approval."

The mayor's note concluded by saying, "With limited leadership authority, I will try to assist you complying with five supervisors."

The mayor's discretionary spending limit and the request for professional services policy will be discussed at the Thursday, May 19 meeting.

Supporting documentation submitted by City Clerk Terri Sanclemente indicates the possibility of lowering the mayor's current $2,000 spending limit to the $1,000 limit that was in effect before it was raised in 2014, during Shearon's first term as mayor.

Without the need for commission approval, Shearon can use his discretionary spending allowance on services provided by the city attorney, an outside attorney, the city engineer and others in order to address an issue or assist a department head who is limited to spending $250 for professional services not approved by the commission.

Adjusting the mayor's discretionary spending limit was first discussed during the commission work meetings that produced Ordinance 16-467.

The ordinance states department heads are to be supervised by the commission as a whole and not by the mayor individually.

When the new ordinance was discussed and adopted on first reading during the May 5 meeting, Shearon said its adoption would result in him not using his discretionary spending allowance to assist department heads.

The second and final reading of Ordinance 16-467 will also take place at the May 19 meeting.

HOLMES BEACH – Franchises came under fire at the City Commission meeting last week after commissioners learned that Dunkin Donuts and Baskin Robbins were planning to come to the Anna Maria Island Centre.

"These two will do damage to others in the city and especially in the shopping center," Commissioner Pat Morton claimed. "Is there some way we can we limit it?

"We need to put something in to stop this. We're losing our Island as it is. They have no concern as to what our Island is like."

The two businesses came to the city's attention when signs appeared in the windows, and the mayor learned that while there is a building permit application, it has not been reviewed by the city.

Code Enforcement Officer James Thomas investigated and said, "What we saw from the window is that demolition started. I put a red tag on it until I talk to the owners. It is not a stop work order; it's a notice to call me so I can look at it.

"We want to know what they are doing and if the people working are properly licensed. We have to make sure it meets the provisions of the code. They have to get a building permit and a business tax receipt."

Commissioners float ideas

Commissioners asked City Attorney Patricia Petruff for ideas on addressing the issue.

Petruff said the only ordinances that she is aware of that have success are ones that prohibit big box stores in order to preserve downtowns in small cities.

"My gut is telling me it would be difficult to do," she said. "Sometimes you can incentivize things. I'll look around and invite you to do the same.

"The trick will be to find an ordinance that has been adopted somewhere that has withstood scrutiny, that has been upheld by a court."

Morton asked if the town of Longboat Key bans franchises. Petruff later learned that the town does not, but it bans drive-throughs for restaurants.

Commissioner Carol Soustek suggested limiting the number of licenses issued for one type of business such as ice cream stores and added, "Part of the ambiance of the Island is the mom and pops."

Restaurateur Sean Murphy, who was at the meeting regarding another issue, said, "There are two ways that different communities have tried to limit chains. One is that possession of ownership has to be a local.

"Another is that one of the things chains do is everything is processed and comes in a bag. They do not build any food on premises. As a matter or public protection you could say that 75 percent of the food production has to be done on premise."

Following the meeting, Petruff sent commissioners samples of ordinances from Coronado, Malibu and Sonoma, all in California, to read.

ANNA MARIA – The attorney representing the plaintiffs in a recent vacation rental occupancy lawsuit has filed a motion for rehearing.

The motion pertains to a ruling handed down by Judge Gilbert Smith Jr. in April that upheld the occupancy restrictions contained in the city of Anna Maria's vacation rental ordinance.

A previous attempt to file the motion was delayed because the final summary judgement order had not yet been signed.

The motion was filed on May 10, on behalf of Florida Gulf Coast Vacation Homes doing business as Anna Maria Vacations. The motion requests that Smith reconsider his previous ruling and conduct another hearing.

It is up to Smith to decide if he wishes to rehear the case. As of Monday, no rehearing date had been scheduled. If he decides not to rehear the case, the plaintiffs still have the option of filing an appeal with the Second District Court of Appeal in Lakeland.

In April, attorney Randolph Smith unsuccessfully argued that occupancy limits are an attempt to prohibit vacation rentals. His argument was based on state law that prevents local municipalities from prohibiting vacation rentals or limiting the frequency and duration of rental.

The motion for rehearing is based on the attorney's belief that the judge failed to consider the argument that the term "prohibit vacation rentals" is ambiguous.

"As a consequence, the court did not consider principles of statutory construction to ascertain legislative intent as to the meaning of the term. Most importantly, the court did not consider the definition of 'prohibit' in Black's Law Dictionary, did not consider the legislative history of Florida Statute 509.032 and did not consider Attorney General Pam Bondi's opinion addressing the statute. Rather the court merely ruled that the ordinance does not prohibit vacation rentals that have been historically rented to more guests than is permitted under the occupancy restrictions set forth in the ordinance," the motion states.

"It appears then that the court's upholding of the ordinance is founded on its interpretation that the ordinance does not prohibit vacation rentals because it does not ban them in their entirety. However, plaintiff would respectfully suggest that there is another entirely reasonable interpretation – a limitation on the number of persons who may occupy a vacation rental, in this case eight, prohibits vacation rentals with nine or more occupants."

The response filed by City Attorney Becky Vose that same day states, "Implicit in this court's ruling is the finding that the term 'prohibit' is not ambiguous, and the limitation on occupancy does not constitute a prohibition of vacation rentals."

In her response, Vose notes that the state statute makes no reference to occupancy limits.

"Had the legislature intended to prevent local governments from imposing regulations as to vacation rental occupancy, the legislature would have inserted that in the statute. But it did not," she wrote.

Vose asked the court to deny the plaintiffs motion for rehearing and grant the city further relief as deemed just and proper, which could include court costs and expenses.