ANNA MARIA – City Commissioners unanimously rejected pier tenant Mario Schoenfelder's offer to contribute up to $500,000 toward the $2 million rehabilitation of the Anna Maria City Pier.

During the May 26 meeting, commissioners also voted against Mayor Dan Murphy negotiating a revised offer.

Before the commission discussion ensued, Murphy recapped the offers he presented at the previous meeting.

"The essence of that particular proposal was a 10-year lease and a quarter million dollars under the condition of the 10-year lease and/or half a million dollars with the 10-year lease and two years rent-free," Murphy said of Schoenfelder's offers.

"If you accept the offer, I will meet with Mr. Schoenfelder and iron out the details and come back to you. If you reject Mr. Schoenfelder's offer, then I need to know whether you want me to negotiate," he said.

Commissioner Nancy Yetter said, "My vote would be to reject this offer. I don't think it benefits the city. It's more of a benefit to himself, and I think it would a disservice to the residents to accept that."

Commissioner Chuck Webb said, "By my simple math, with his proposal we're going backwards."

Webb felt the proposed terms did not produce a financial benefit that equaled the existing lease, which expires in 2020.

Commissioner Dale Woodland offered support for Schoenfelder, who has leased pier and operated a restaurant and gift shop at the pier end since 2000.

"We've got a known commodity there in Mario," Woodland said.

In response to Yetter and Webb, Commissioner Carol Carter said, "I agree with the arithmetic and the sense of it."

Webb then made the motion to reject Schoenfelder's offers and the vote was 5-0 in support doing so.

Murphy then discussed some of the options in play if he was not authorized to negotiate with Schoenfelder.

"One option is that the commission would set an amount that Mr. Schoenfelder needs to contribute to refurbishment of the pier. Another option will be to pursue breach of contract. Another option would be to do nothing and let the Mr. Schoenfelder's term expire."

Webb said Schoenfelder has not always met the maintenance and repair requirements stipulated in his current lease and this often resulted in additional negotiations rather than direct action.

"I'm done with negotiations; he needs to comply with the lease," Webb said.

"I think the city's done a poor job of holding his feet to the fire," Woodland added.

"I'd like to city be in control of this," Carter said.

The commission agreed the next pier lease would likely absolve the tenant from the responsibility to maintain the pier, but at an added cost in terms of rent paid.

Copeland said he didn't consider Schoenfelder to be a bad tenant. He said the lease was probably "lousy" to begin with and he saw no harm in allowing Murphy and Schoenfelder to negotiate.

"If he didn't fulfill his obligations the first time, he's not going to do it now," Yetter opined.

She then made a motion to reject authorization for the mayor to negotiate. Webb and Carter supported the motion, Woodland and Copeland opposed it and it passed 3-2.

On Friday, Murphy informed Schoenfelder of these decisions. Schoenfelder told Murphy he would be traveling for a couple weeks and would contact the mayor to discuss his options in mid-June.

Schoenfelder owns the Rod & Reel Pier and restaurant located at the end of the other pier located northwest of the Anna Maria City Pier that he leases from the city.

HOLMES BEACH – After hearing from their attorney, city commissioners agreed to try and limit the proliferation of franchise, or formula, businesses in the city.

The issue began when commissioners learned that Dunkin Donuts and Baskin Robbins were planning to come to the Anna Maria Island Centre, owned by the Benderson Development Company.

Chet Zarzycki, owner of Holy Cow, an ice cream and gift store in the shopping center, urged action and said, "It would be my hope that commissioners would address the issue that Benderson poses in bringing a major distributor into our shopping plaza.

"While it would certainly impact my business, as well as a dozen other stores in that plaza, the issue is much greater than that. If we allow this to happen we will open a door we can never close again.

"It's about the future of the Island. Take a real hard look at what we can do," adding that the city spent three years and thousands of dollars on the tree house and should be willing to spend as much on this issue."

Attorney's advice

City Attorney Patricia Petruff provided commissioners with ordinances from a number of cities for informational purposes and noted, "Of all the strategies, the one that I think could be workable after a lot of discussion would be to have a special permit program in place that would limit the number of formula businesses in C-1."

She said the city already has numerous businesses that fit the formula definition including Publix, CVS, Walgreens, Dollar Tree, Subway, Domiono's, Ace Hardware, banks and some real estate offices such as Remax.

"You need to really think about what you want to do and why and how you want to do," she said adding that there are other strategies such as providing tax credits for renting to local businesses or assisting small business owners to purchase their buildings.

She said part of the problem in the city is that "the commercial center is basically strip malls. There is nothing special about your city center.

"You can move forward, but do it with caution. I can be regulated, but it won't be easy to do. You need to do it in a thoughtful, careful manner."

She suggested getting input from shopping center and business owners and noted, "There are some compelling business reasons why someone would rather have a Baskin Robbins as opposed to a stand alone ice cream shop.

"Some formula business owners live here, and there are national chains in which the owners of the franchise are independent business owners trying to make a living."

Commissioners' thoughts

Commissioner Jean Peelen suggested that the three Island mayors have an emergency meeting with Elliott Falcione, manager of the Bradenton Area Convention and Visitors' Bureau, and the Manatee County Commission.

"We're selling this place all over the world a unique, as individual," she stressed. "We are not a place for chain stores. We are Old Florida. It's their sales pitch everywhere."

Commissioner Carol Soustek agreed and added, "We need to immediately go to the county commission to impress upon them the danger that's going on here."

The county has spent millions publicizing the Island as Old Florida all over the world, Commissioner Marvin Grossman said and noted, "If it were filled with chain stores it would look quite different."

Commissioner Pat Morton and Chair Judy Titsworth also agreed, and Peelen asked if the other Island cities would join in the effort.

Mayor Bob Johnson said he thought they would and that he also is gathering information on options.

"I do feel we have a shot at doing something," Titsworth said. "We need to look at ordinances that we like and that have held up in court."

She asked that Petruff, Johnson and staff begin working on an ordinance and also approach Falcione and the county commission.

Whitmore comments

Carol Whitmore, Manatee County commissioner and Tourist Development Council chair, said, "I do not support franchises on the Island because it diminishes the character of what we're all about."

Regarding whether the county could have any influence, she said, "I'm a firm believer in home rule. It's a charter city, and they make their own decisions, but we could support them in meeting with people who want to do something."

Whitmore said she spoke to Randy Benderson, owner Benderson Development, and "He said he did not realize it would cause a problem, but now he has leases with these new businesses. He said he would get a contact for the mayor so the city has someone to call if there are problems in the future."

BRADENTON BEACH – The terms of a potential pier lawsuit settlement were revealed and then rejected last week.

While this process played out, Mayor Bill Shearon chose not to share a settlement-related document with the city clerk's office or his fellow commissioners until much later in the week.

The proposed settlement pertained to a lawsuit filed by Bradenton Beach Marina owner Al Bazzy and his son Mike, who are challenging the process in which the lease rights to three city-owned buildings were awarded to the Anna Maria Oyster Bar (AMOB) ownership group.

The lawsuit names the city of Bradenton Beach, AMOB's We're Back Inc., Paradise Boat Tours owner Sherman Baldwin and two additional tenants who, like Baldwin, sublease commercial space from AMOB.

Baldwin mentioned a potential settlement at the May 19 City Commission meeting. He provided no details at that time and asked who he could meet with to discuss the proposed terms. The commission authorized Shearon to meet with Baldwin, but directed him to refrain from further discussions with the Bazzys. During that meeting, Commissioner Jake Spooner said he did not think the city should pursue a settlement because the city had a strong case in defense of the suit.

Terms rejected

Before meeting with Shearon on Monday, May 23, Baldwin sent an e-mail to Mike Bazzy recapping the settlement terms they previously discussed.

Baldwin's e-mail said: "The city immediately make substantive steps towards converting the anchorage area into a managed mooring field, including designating one building a harbormaster's office that the city removes from the AMOB lease agreement.

"I move my equipment over to Bradenton Beach Marina. I agree to buy fuel from you. I create a bait shop-type operation at Bradenton Beach Marina, and the current bait shop on the pier acts as an adjunct to marina services. Paradise Boat Tours agrees to move forward on buying a 49-passenger boat from you.

"In return, BB Marina agrees to drop the current lawsuit and agrees to not file further suits in this regard. Is this amenable to you as we had discussed on Thursday?"

Bazzy's response said, "Yes, that is the spirit of the agreement. The only addition I would make is that the city must commit the resources to making the transition from anchorage to mooring field without delay or interruption. We reserve the right to monitor that the city is continuing to move forward with the process. If the city stops pursuing the mooring field, the deal would be off."

Document withheld

According to Baldwin, Shearon contacted him after their meeting and requested a copy of the e-mail. Baldwin said Shearon asked for a printed copy rather than having an electronic copy sent to his city e-mail account, which would have become a public record accessible to the city clerk.

At 9:11 a.m. on Tuesday, May 24, Shearon walked into Baldwin's tour boat terminal and retrieved the requested document. Baldwin asked the mayor if he should also send a copy to the city clerk. According to Baldwin, Shearon said, "No, not yet."

According to Florida state statue, a public record means all documents or other material made or received in connection with the transaction of official business. According to the Florida Bar website, any agency document, however prepared, if circulated for review, comment or information is a public record.

"Examples of such materials would include proposals which have been submitted for review to anyone within or outside the agency," the bar website states.

By 9:50 a.m., Shearon was seated inside city hall awaiting the start of a hearing not related to the pier. He was overheard saying to Commissioner Jan Vosburgh: "Things are going good with Sherman."

While at city hall, Shearon did not present the printed e-mail to the clerk's office to be recorded into public record.

Unknown to Shearon, Spooner met with Baldwin the following morning and provided the clerk's office with a printed copy of the e-mail afterwards. Deputy Clerk II Christine Watson stamped the document as received and placed it in a sealed envelope because the clerk and deputy clerk were attending a conference.

On Thursday, Baldwin e-mailed Shearon and City Clerk Terri Sanclemente regarding the settlement terms.

"After careful consideration, the proposal, as it stands now, to settle the Bazzy lawsuit is not in the best interests of Paradise Boat Tours and therefore we must reject said proposal," his e-mail said.

Becoming transparent

Shearon did not present a copy of the e-mail he obtained from Baldwin until a public records request was made late Friday afternoon. He then turned the document over to City Treasurer Shayne Thompson, who copied it and fulfilled the records request.

At 9:26 p.m. Friday night, Shearon sent an e-mail to attorney Fred Moore, the city commissioners and others noting that a shade meeting was scheduled for July 7 and a court hearing was scheduled for Aug. 11. Attached to those e-mails were copies of the Baldwin-Bazzy e-mail and Baldwin's rejection notice.

BRADENTON BEACH – Work on the often-delayed Twin Piers reconstruction will be completed by July 1, according to senior project engineer Michelle Pfeiffer.

Reacting to complaints that the project is taking too long and requests for information by elected officials, Pfeiffer sent a memo dated May 18, saying the north groin is essentially done, except for some punch list items. Work continues on the middle and southern groins that stick out into the Gulf waters from Cortez Beach in Bradenton Beach. She estimated the center groin was 90 percent complete and the southern structure 65 percent finished.

Pfeiffer said Cayo Construction has a goal of having the beach cleared of the construction zones and open to the public before the Fourth of July holiday. However, the company announcement said the staging areas in the parking lot might remain occupied while minor items are addressed through final completion, estimated to be a couple of weeks after July 1.

"All parties are eager for completion, but recognize the importance of mindful execution of these important structures, as they will serve as the erosion control structures to protect this vulnerable section of the Anna Maria Island coastline and upland for decades to come," Pfeiffer wrote.

Bradenton Beach Mayor Bill Shearon replied, saying residents and visitors celebrating Independence Day will appreciate the completed groins and the open beach, but he said he was very disappointed the staging areas would remain for weeks.

The project was extended because of the amount of debris in the sand around the three structures. The replacement piers can be adjusted to gain maximum retention and minimal erosion of the surrounding beaches.

Although there are three piers, the area got the informal nickname Twin Piers by local surfers. Some surfers were detained last month for a short while because they ignored the orders by police and others not to surf in that location during the project.

BRADENTON – After debating three options, West Manatee Fire Rescue commissioners approved a 2.25 percent increase in the tax assessment rate for 2016-17.

The options were no increase, a 1.5 percent increase or the 2.25 percent increase. By law the fire district could have increased the assessment 4.16 percent. Last year, there was no increase.

"We're recommeding 2.25 based on future initiatives," Fire Chief Tom Sousa said. "We make every effort to minimize our expense without impacting service delivery."

Sousa said the increase would allow the district to add a firefighter at Station 1 in Holmes Beach. He pointed out that the district did not replace two positions last fiscal year – the deputy chief and an administrative assistant.

He said the budget shows six months of operating reserves in the event of a disaster and noted, "If you want to go to zero, we can make it, but don't ask for any level of service increase, and we'll be coming back to you and draining our the reserve budget to pay capital expenses.

"Then you'll really have to raise rates dramatically, and you'll have a problem with the taxpayer."

Commissioner George Harris made the motion for a 2.25 increase.

Commissioners weigh in

Commissioner Al Robinson asked how much the 2.25 percent increase would generate, and Sousa said $120,000.

"We're underspending all the time. Why do we want to do this to the taxpayer?" Robinson asked. "I think we're being greedy for $120,000."

"Raising taxes is not an easy decision," Harris responded. "However, on the same token, we are elected to represent the citizens of our district by educating ourselves so we can make the hard decisions, which is our charge.

"This administration and board have worked very hard to be good stewards with the public funds that we collect. We can't run a responsible fire department on the cheap. Our costs continue to increase just like everyone else."

Commissioner David Bishop said, "Being prepared and being proactive is better than being reactive. If we can't provide the service that's what I fear the most," but he added that he's unsure about whether the increase should be 1.5 percent or 2.25 percent.

"The 1.5 percent increase will get us through with what our costs will be with nothing more than that," Sousa pointed out.

The vote was 4/1 with Robinson dissenting.

Fire assessment rates for 2016-17

The 2.25 percent increase in assessment rates approved by West Manatee Fire Rescue commissioners last week would result in the following rates for 2016-17 with the 2015-16 rates in parentheses:

• Vacant lot: $23.76 ($23.24);

• Single-family residential, condo, mobile home, travel trailer, mixed residential: $180.20 ($176.23) for the first 1,000 square feet and .1063 (.1040) cents per additional 1,000 square feet;

• Duplex: $360.39 ($352.45) and .1063 (.1040) cents per additional 1,000 square feet;

• Commercial: $425.22 ($415.86) for the first 1,000 square feet and .1841 (.1800) cents per additional 1,000 square feet.

Structures with sprinkler systems are discounted 25 percent;

HOLMES BEACH – City Attorney Patricia Petruff has questioned a number of changes to the concession area at Manatee Public Beach sought by United Park Service (UPS), which took over the beach concession in 2010.

According to an e-mail from Debbie Voorhees, contracts manager for Manatee County Parks and Natural Resources, UPS is seeking the following:

• Add seating including Tiki huts, lounge chairs and umbrellas, in the sand area in front of the patio;

• Make a new ice cream shop/area in the inside storage area on the north side of the building and add outside storage;

• Turn the current ice cream area into a pizza shop with pizza ovens, a counter, a dining area and a to go window.

Attorney replies

Petruff provided the following thoughts:

• The additional 100 seats should require one parking space for three seats like all other restaurants in the city.

• Would serving alcohol at these tables require more security and should paid security be required?

• Bathrooms are already crowded; should more be added to accommodate the additional seating?

• If the seats are added, this will be one of the largest, if not the largest restaurant in the city. Is this the purpose of the beach concession?

• Can concurrency standards be met, especially traffic? The area is already at gridlock. Adding seats would only escalate the problem.

• What is permitted in the Rec district?

• Will the hours of operation be expanded?

• Will there be a conflict with people who just want to go to the beach and people who are coming to eat and drink at a place with a view?

HOLMES BEACH – The city's special magistrate has ruled that tree house owners Richard Hazen and Lynn Tran have not brought the property into compliance by removing the violations or demolishing the structure on the beach in front of Angelino's Sea Lodge at 103 29th St.

Special Magistrate Kelly Fernandez ordered a fine of $50 per day starting from July 22, 2015, when the Second District Court of Appeal denied Tran and Hazen a rehearing. The fine will terminate the day the property is found in compliance by the city.

The order will be recorded in the county's public records and constitute a lien on the property as well as any other real or personal property owned by Tran and Hazen.

However, Tran and Hazen's attorney David Levin was quick to respond with a notice of appeal of the fine to the circuit court. In addition, Levin filed a motion for stay of enforcement of the order imposing the fine pending appeal.

"A stay is needed in view of the fact that the order imposing fine requires the movants to pay a daily fine in the amount of $50 while they exercise their right to seek a judicial determination regarding the correctness of the order," said Levin. "The failure to grant this stay will subject the movants to the imposition of substantial fines.

"Under these circumstances, the effect of failure to grant a stay could well be to deny the movants fully effective relief in this case and to inflict material harm on movant's rights.

In addition, there is a June 6 hearing in the Manatee County Courthouse involving an initiative petition filed by Tran and Hazen seeking to put an ordinance on the ballot for voters to decide if the tree house is legal.

"The times, they are a changing" warned singer Bob Dylan during the 1960s and the weather forecasters from the two major agencies agree.

After basking in the protection of El Nino winds, which resulted in wind shear at high altitudes that tore tropical storms apart, El Nino has left the Pacific and his evil sister, La Nina, has taken his place.

In other words, be careful out there and make sure you have a plan in case a storm makes tracks for the area.

The National Oceanic and Atmospheric Agency (NOAA) issued its prediction last week, and it mirrors the one from the Colorado State University's (CSU) Department of Atmospheric Science, in Fort Collins. For the types of storm activities, NOAA predicts 10 to 16 named storms compared to CSU's 12, four to eight hurricanes, compared to CSU's five; and one to four major hurricanes, compared to CSU's Two.

The NOAA Climate Prediction Center took note of El Nino's absence, saying that makes it particularly difficult to predict what will happen.

NOAA said there is a 45 percent chance of a near normal season, 30 percent it will be above normal and 25 percent that storm activity will be below normal.

Gerry Bell, Ph.D., lead seasonal hurricane forecaster with NOAA's Climate Prediction Center, said they are uncertain whether the high hurricane activity that began in 1995 has ended. That high activity is the result of warmer Atlantic Ocean waters and a stronger West African monsoon. However, the past three years has seen a shift toward cooler Atlantic waters and a weaker West African monsoon.

In addition, they note that El Nino, which went away last week, will be replaced by La Nina, which encourages the formation of tropical storms, during the busiest part of the hurricane season.

After the past few years, officials along the hurricane-prone areas are worried about the number of new residents in the area who are unfamiliar with the storms and residents who have become complacent and let their stock of hurricane necessities dwindle or expire.

As they say every year, it only takes one storm to make it a bad season for the Island.

2016 Hurricane Names

Alex, Bonnie, Colin, Danielle, Earl, Fiona, Gaston, Hermine, Igor, Julia, Karl, Lisa, Matthew, Nicole, Otto, Paula, Richard, Shary, Tomas, Virginie, Walter.

CSU Seasonal Forecast, NOAA Seasonal Forecast

Named Storms 13, 10-16

Hurricanes 5, 4-8

Major Hurricanes 2, 1-4