The Anna Maria Island Sun Newspaper


Vol. 16 No. 37 - July 13, 2016

headlines

Chelsea cuts it up with mayor

Carol Whitmore

JOE HENDRICKS | SUN

Bradenton Beach Mayor Bill Shearon made an appearance
on last week's "Chelsea" show.

BRADENTON BEACH – Mayor Bill Shearon was among those disappointed by talk show host Chelsea Handler's portrayal of him and the city he represents.

Filmed at city hall in April, the segment featuring Handler's interview with Shearon debuted on Netflix last Thursday as the latest episode of the "Chelsea" show that also featured country singer Blake Shelton and former Congressman Barney Frank.

Netflix subscribers can access the interview at the 13:17 point of the July 7 episode.

"When something messed up happens in an election there's a 100 percent chance it happened in the state of Florida, like what happened with this little whoopsy-doozy of a man and how he was elected mayor of Bradenton Beach," Handler said when introducing the segment.

When Handler mentioned Shearon's guide dog, Reese, Shearon explained that he was Florida's first legally blind mayor.

"We're proud of that," he said.

The five-minute piece focused primarily on the 2015 mayor's race that ended in a 158-158 tie after the votes were counted and recounted. The winner was then determined by the now infamous ace of clubs that bested the 10 of clubs drawn by incumbent Mayor Jack Clarke.

After Shearon said the voting population of Bradenton Beach numbered approximately 1,100, Handler made light of the fact that slightly more than 300 people participated in the election. Throughout the interview she spoke in a dismissive tone of voice that was accompanied by facial expressions made for comedic effect.

When Shearon explained how the election was settled the following day at the Supervisor of Election's Office, Handler exhibited a short attention span and began petting Reese.

"I drew an ace. That was what my nickname was for a little while," Shearon said.

"Ace in the hole? Where was the hole?" Handler quipped in her trademark brash style.

She then asked Shearon to explain the electoral college, which has nothing to do with local elections.

"I'm not a politician," Shearon said.

"Well, you're a mayor," Handler replied.

"I'm a mayor, but I'm not into politics," Shearon countered.

"The electoral college was good in its time but now I feel that it should be by the vote of the people," he added, making an earnest effort to answer her question.

Handler asked if Clarke was a Democrat, which also has no bearing on the city elections.

"I don't know if he's a Democrat, a Republican or an Independent; that's the three choices in Florida here," Shearon said.

"Those are the three choices everywhere," Handler deadpanned, which got a good laugh from her studio audience.

She then presented a deck of cards and said, "Do you want to give it another go. If I get a higher card, then I'll just take over."

Going along with the gag, Shearon said, "OK, that'll be good."

Going first, he drew an eight of clubs that beat Handler's seven of clubs.

"So I'm still mayor," he joked.

"You really are lucky," Handler concluded.

Mayor's reaction

On Saturday, Shearon was asked if he watched the episode.

"I listened to it really," he said. "Hopefully everybody will take it in the humorous way it was meant to be."

When asked if it turned out as he expected, Shearon said," No, not really. I really don't know how to explain it."

When told that some who watched it felt Handler made the mayor's office and the city look bad, Shearon said, "I would agree with that. I don't think it was very representative of anything. That's why I was kind of disappointed, because there were a lot of takes that were more serious that weren't aired. I'd never give her another interview, I'll tell you that."

Shearon said he was told some of the focus would be on the fact that every vote counts and voting is important.

"None of that came out," he bemoaned, acknowledging that he was not familiar with Handler's previous work.

On a more upbeat note, Shearon said he was also interviewed recently by CNN's Brenna Williams, who produces digital content as part of CNN's political coverage.

"She was a true professional, more like what I'm used to," Shearon said.

Audit report received

ANNA MARIA – Mayor Dan Murphy recently received the independent auditor's report on the review of the 2014-2015 fiscal year that ended on September 30.

The 41-page report compiled by auditor Randy Dillingham and the CS&L accounting firm states the city's assets exceeded its liabilities at the close of the fiscal year by $5,528,582.

A portion of that net position is the $95,514 that represents resources obtained through the collection of stormwater drainage fees, transportation taxes, trash pickup, public education and trolley contributions that are restricted in terms of how they can be used.

The audit report states the city's total net position increased by $882,866 during the recently concluded fiscal year. It was also stated that at fiscal year end, the city had an ending fund balance of $2,284,834, which was an increase of $423,180 from the prior year.

"We came off looking really good, with the 61 percent in our reserves," Murphy said of the city's liquid financial assets.

"If 35 percent is recommended and considered excellent, you could reach a point where 65 is too much, but I'm holding back because of the potential expenses with the Bert Harris claims, as well as the rehabilitation of the city pier. I'm keeping money in reserves so I can address those two problems if I need to," Murphy said.

"I expect to finalize my financial plans with respect to those two issues closer to the end of the fiscal year and then we can take action on the reserves. There are a lot of things we could do with those reserves and still keep our equilibrium at 35 percent," he said.

"I want to thank staff all the way across the board for keeping within the budget, for coming in under budget on expenses and for keeping an eye on expenses. With all these audit controls in place, the taxpayers' money is secure and being used as specified by the City Commission. I'm very pleased with the outcome," Murphy said.

The auditing firm will make a public presentation to the commission later this month.

Mayor reports on state of the city

Anna Maria Island Sun News Story

joe hendricks | sun

City Clerk Terri Sanclemente reads aloud the state
of the city report prepared by Bradenton Beach Mayor Bill Shearon.

BRADENTON BEACH – As required by the city charter, Bradenton Beach Mayor Bill Shearon presented his state of the city report at the Thursday, July 7, City Commission meeting.

Because he is visually impaired and legally blind, Shearon asked City Clerk Terri Sanclemente to read his report aloud.

"I am pleased to report the city continues to improve, particularly in the financial, capital improvement and planning/building areas," the report began.

In regard to city finances, Shearon's report said, "The city currently has no debt, and city assets are in excess of $9.4 million, with $1.3 million in unrestricted funds."

With the fiscal year 2016-17 budget preparation process now underway, Shearon's report states, "As mayor, I will not support a deficit budget or the use of reserve funds."

The report also states the city continues to work toward "total electronic availability and transparency."

The mayor's report says the commission is establishing a capital improvements plan that includes two-, five- and 10-year priorities and goals, and capital improvement projects will be funded with BP oil spill settlement funds, cell tower lease down payment funds and Community Redevelopment Agency (CRA) funds.

"Working with our nearby cities, the AMI Sun Trail, which is awaiting funding, will provide safe travel for pedestrians, cyclists and motorists for the extent of the entire Island," the report states.

In regard to CRA funds, the report says, "The CRA special funding source will soon expire, so the committee will be required to extend the funding and expand the use of the funds."

During the CRA meeting that took place on Wednesday, July 6, the commission authorized Shearon and City Attorney Ricinda Perry to spend up to $2,000 researching the extension and expansion of the existing CRA agreement and boundaries. If accomplished, this might allow CRA funds to be used to create a managed mooring field.

The report mentions the revised land development code the commission adopted in March and states that a new software system for the building department is in final review.

In conclusion, Shearon's state of the city report says, "The city is moving forward in a positive, progressive manner with an active, engaged commission and staff. New approaches, combined with age and wisdom, are being used to address the changes and challenges faced by our city."

When Sanclemente finished reading the report, Commission Jan Vosburgh, participating by Skype, said, "Well done."

Commissioner Jake Spooner agreed.

In response, Shearon said, "Thank you, it's truly a team effort. It's not just the mayor, it's the commission that makes things work."

Using one of his favorite sayings, Shearon then said, "A lot of times we agree differently on certain things, but that's part of the process. If we all agreed, we wouldn't have to be here."

Commission to consider boat covers

HOLMES BEACH – After a request from a resident, commissioners agreed to consider at a future work session allowing boat covers.

City Planner Bill Brisson told the board, "Four municipalities in Manatee County prohibit boathouses or boat canopies, including all three of the other local barrier island communities and the city of Palmetto."

He said the city of Bradenton allows them with approval of a special use permit, and the city of Venice allows them with limits on the size and height and approval of a major permit.

Manatee County allows them with stipulations, and Sarasota County and the city of Sarasota severely limit where they can be located and never in single-family zoning districts.

Brisson said one of the reasons they may be prohibited in small waterfront communities is that "many of the waterfront lots are subdivision sized lots of less than one quarter of an acre. As such, the width of the lots is limited and boathouses and canopies can easily block the views of nearby neighbors.

"I suspect this would be the case in Holmes Beach. If the potential for interfering with neighbors' waterfront views is a major consideration, I would suggest that the City Commission continue to prohibit such structures in its residential districts."

He said most boathouses are on large estates or are used to protect boats from winter weather in Northern communities.

Commission consideration

Chair Judy Titsworth said she likes some aspects of regulations in other communities, but noted, "Most people don't want boat houses because it does affect their view of the water,"

Commissioner Jean Peelen asked what was the impetus for the discussion, and Titsworth said resident Lance Spotts made the request because he has a rookery over his boat, and it gets bathed in bird excrement.

"One and we're going through this?" Peelen asked.

"I'm considering it because the gentleman is a long time resident and he has family here and he does a lot for the city," Commissioner Carol Soustek said. "They would have to carry some restrictions, and they would have to be something you would jump through hoops to get."

Commissioner Marvin said boathouses are structures and allowing them makes him uncomfortable, and Commissioner Pat Morton said he agrees with Soustek.

Speaking of covers

Spotts said boat covers could be attractive and would "not block your view more that boats block your view." He introduced Al Toland and Paula Williams, of Waterway Boat Lift Covers.

"I sell covers for waterways in Charlotte County and up into the Bradenton area," Toland explained. "They clamp to the lift itself or are drilled and bolted to the lift and come in various sizes.

"We try to get a couple feet past the bow and a couple feet past the stern. The heights are all different. For the most part they don't block too much view.

"Most of the lots I deal with are 80 feet wide. Most of my customers are retirees who can't afford to replace their boats because they're damaged from the sun."

""I wish I had some community input on what they think about this and whether there's a desire for this," Peelen said.

Toland said he gets calls from Holmes Beach boat owners.

Building Official Jim McGunness said visibility is the biggest objection but added, "We have a real need for a boat cover for the boat lifts that will be going in at the city boat ramp."

He suggested allowing boat covers by special exception in order to get input from neighbors, and Brisson said he could draft something for commissioners to consider.

In a consensus, commissioners agreed to consider boat covers but not boathouses.

Board favors repeal of rental ordinance

BRADENTON BEACH – On Wednesday, July 13, the Planning and Zoning Board will continue its ongoing efforts to assist the City Commission in the creation of vacation rental regulations.

Bradenton Beach remains the only Island city with no such regulations in place.

The agenda for this week's meeting calls for discussing the quality of life ordinance that contains the vacation rental regulations adopted by the previous commission in early November but never implemented by the current commission that took office later that month.

The agenda also calls for a review of the noise ordinance and two vacation rental-related ordinances recently adopted by Holmes Beach commissioners. The noise ordinance and Holmes Beach ordinances were supposed to be reviewed at the July 29 meeting, but the board never got to them, in part because the members remain divided on whether to address structure size as a means of reducing occupancy or simply address the behavior of vacation rental guests, property managers and owners.

The July 29 meeting began with City Planner Alan Garrett saying, "Our first charge was to get back to the city commission a recommendation on what to do with the quality of life ordinance. It's been passed, but it's never been enforced, so we need to either move forward with it, repeal it or modify it."

After much debate, the board voted 5-2 in favor of recommending the commission repeal the quality of life ordinance, yet the board then agreed to use the ordinance as template for the creation of new regulations.

After board member Frank Harrison made the motion to recommend repeal of the ordinance, Jim Lynch suggested they first try to identify any elements worth salvaging. Lynch expressed support for the provisions that would require owners and agents to post their contact information on exterior signs, with additional interior postings that inform guests of applicable laws and regulations.

Echoing comments made at a recent town hall meeting, Reed Mapes said the only way to control vacation rentals is to control the number of people in them. The retired contractor and developer offered to help Garrett create construction formulas that address occupancy.

John Burns also favors a structural approach, and he supports reduced lot coverage, reduced livable space allowances and similar regulations that limit occupiable space.

Burns referred to noise complaint data provided by Police Chief Sam Speciale that listed 69 noise-related complaints officers responded to from January 1 to June 25. Burns said this equates to a complaint being made once every 2.6 days and noted that only one of the police responses resulted in a ticket being issued for non-compliance with the officer's request to quiet down. Based on this data, Burns said he felt noise complaints were being adequately addressed.

Harrison questioned how many additional complaints were made to property owners and managers that the police department was not aware of.

An audience member suggested lowering the volume threshold in residential districts from the current 55 decibels to 45 decibels after 11 p.m. in order to better address complaints about late night pool and patio activities.

Board member John Metz said, "I think part of problem is trying to address all these issues with one piece of paper."

He feels the parking requirements contained in the revised Land Development Code have adequately addressed parking problems and he suggested an online registry as an alternative to agent and owner information being posted on signs.

Garrett said signs would work for single-family homes, but it would be problematic to have 80 individual signs posted outside of the RunAway Bay condominiums.

In regard to discarding the existing ordinance, board chair Dan DeBaun said, "Simply saying this ordinance doesn't make sense doesn't solve anything. Let's take something that already exists and make it something that we agree on."

In regard to reducing structure size, the retired structural engineer said, "What compelling evidence have we seen that the size of the building is the only problem? If you take building from 3,500 square feet to 3,000 square feet what is the known benefit of that reduction?"

DeBaun said reducing size allowances is unfair to permanent residents who bought smaller houses with the intent of someday replacing them with larger ones.

Metz hearing rescheduled

joe hendricks | sun

This vacation rental property being renovated at
306 Gulf Dr. S. is the subject of an abandonment request
made by a neighboring property owner.

BRADENTON BEACH – Last week, the City Commission decided City Attorney Ricinda Perry would represent the city at the court hearing regarding John Metz's efforts to have a neighbor's property declared abandoned.

The 12th Circuit Court hearing was originally scheduled to take place Friday, July 15, but has been rescheduled for Thursday, Aug. 11, the same day as the pier lawsuit hearing.

Metz and his attorney, Nelon Kirkland, are seeking a court order that would grant Metz a special master hearing or planning board hearing to address his concerns about the vacation rental property owned by Wendy and George Kokolis at 308 Gulf Dr. S. Metz believes the property should be declared abandoned because it has been unoccupied for more than 18 months while being renovated.

In early April, Metz sent an e-mail to Building Official Steve Gilbert contending the extended period of non-occupancy would prevent its continued use as a vacation rental. Gilbert informed Metz that a property under renovation is not considered abandoned.

Later that month, Perry informed Metz that the permit that allowed for the renovations to the Kokolis property was issued in June 2015, and Metz had one month after that to appeal the permitting decision, which he failed to do, thus his request for an appeal hearing at the city level was denied.

Metz serves on the Bradenton Beach Planning and Zoning Board and this prompted Commissioner Ralph Cole to ask if a conflict of interest exists when a board member takes legal action against the city.

"This is a question that comes up quite often, and it's a fair question. I've had a lot of citizens complain about it. Well over 15 people have contacted me as it relates to Mr. Metz, asking why he can still continue to serve as a board member while taking adverse action against our city," Perry said.

"Technically, I cannot say that rises to a level of a conflict of interest because I cannot take away his rights. The city itself has not adopted any polices as it relates to participating in boards and also taking litigation action against us. I would absolutely and positively say that in no way can Mr. Metz preside over anything that relates to the individuals he is suing because obviously there's a predisposition, and it would be very challenging to demonstrate that he could function in his capacity as a board member with a fair and open mind," she explained.

Metz's inaugural three-year term on the planning board expires in early 2017, and at that time the commiswill determine if he serves a second term. In 2014, Mayor Bill Shearon nominated Metz to serve on the board.

In early 2015, Metz voted against a variance request that was later approved by the commission and gave the Kokolis' the ability to build a two-unit hotel on Ninth Street North.

In regard to the August hearing, Perry said she doubts she will have to present any legal arguments because an order to show cause has not yet been granted. After listening to the arguments presented by Kirkland, Perry expects Judge Gilbert Smith Jr. to issue an order to show cause that requires a written response that would serve as the city's first line of defense.

"We are now in litigation, and it's going to come at a cost to the city," Perry said.

Last year, the city incurred more than $11,000 in legal fees when Metz unsuccessfully challenged an element of the mayoral recall election.

"Hopefully it'll be a one hearing thing and be over with," Shearon said, noting that the discounted rate Perry charges the city is lower than the rates charged by attorneys Chuck Johnson and Fred Moore when their services are needed.

Ghost walk proposed

JOE HENDRICKS | SUN

Liz and Ron Reed discuss their plans for a ghost walk with
Bradenton Beach City Commissioners.

 

 

BRADENTON BEACH – Bridge Street may soon be getting a historic ghost walk.

During the July 7 Bradenton Beach Commission meeting, Liz and Ron Reed, from the Bradenton Paranormal Society and the Downtown Bradenton Ghost Tour, presented commissioners with preliminary plans for a ghost walk along Bridge Street.

Liz Reed told the commission the proposed walking tour would begin near the roundabout in front of Island Time and travel east and out onto the Historic Bridge Street Pier before coming back up the street and ending on the public beach at the street end. If brought to fruition, the 90-minute tours would begin at 8 p.m. and take place five nights a week.

Out of respect for the existing Bridge Street businesses that already cope with limited parking, City Attorney Ricinda Perry and the commission asked the Reeds to encourage their clients to park south of Bridge Street at Cortez Beach or Coquina Beach and walk or catch a trolley or a shuttle to the tour starting point.

The business proposal does not require commission approval, but Perry told the Reeds they would need to acquire a city-issued business tax receipt in order to conduct commercial activities within the city.

The commission was receptive to the idea, as long as the parking concerns were addressed. Vice Mayor Ed Straight also pointed out that the Bridge Street sidewalks get crowded during season and that might pose challenges for a walking tour that consists of 10 to 15 people.

A similar presentation recently given to the Anna Maria City Commission was met with little enthusiasm. At some point after that presentation, business associate and paranormal enthusiast Sheila Hurst parted ways with the Reeds and is no longer affiliated with their business operations.

Privateers plan cool fun

SUN FILE PHOTO

Privateer Cindy Shealy Swager with Santa at last year's
Christmas in July on Bridge Street.

 

Some stores liven up mid-summer income by holding Christmas in July sales, and the Anna Maria Island Privateers have taken that idea and put a pirate's twist to it when they hold Christmas in July on Bridge Street on Saturday, July 23, from 5 to 10 p.m. at the Drift In.

Santa and his sleigh arrives at 6 p.m. with a sack of toys for good girls and boys, and the Drift in will sponsor a potluck Christmas dinner starting at 7 p.m. To participate, bring a dish to share or just pay $5. This is a fund-raiser for the Privateers and they will have two separate lotto board raffles. Tickets will be available starting July 15 at the Drift in, and each board guarantees at least a $100 payoff plus plenty of scratch off lottery tickets. Winners do not have to be present to collect their loot. In addition, there will be a 50/50 raffle, and winners do need to be present when the winning number is drawn.

All money raised will go towards the Privateers, a 501 c3 non-profit organization. Their mission statement is "Pirates for Kids and Community,"

For more information, contact the Privateers at 941-780-1668 or visit their website at www.privateers.org.


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