The Anna Maria Island Sun Newspaper


Vol. 16 No. 43 - August 24, 2016

headlines

Tree house petition denied

Carol Whitmore

anna marie Hayden | submitted

The tree house on the beach in front of Angelino's Sea Lodge
has been the subject of continuing litigation since it was built.

HOLMES BEACH – Judge Don Hall issued his final order in the tree house case and found that the proposed ordinance regarding an initiative petition was prohibited under Florida law and could not be submitted to voters.

The issue began in 2013 when Richard Hazen and Lynn Tran, owners of the tree house on the beach in front of Angelino's Sea Lodge at 103 29th St., filed an initiative petition to allow voters to decide if the tree house is legal.

The city alleged that the petition would be invalid under state law because the process is prohibited with regard to development orders. The city attorney requested a declaratory judgment, which was heard by Hall on July 15.

At the hearing, City Attorney Jim Dye maintained that Florida Statute defines development permit, which is any order that permits the development of land, and it applies to the tree house.

However, tree house attorney David Levin maintained that the prohibition in state law applies to a development order and that the tree house is an accessory structure.

Judge's order

Hall agreed with the city and the order stated:

• The proposed initiative ordinance grants building rights the defendants would not otherwise have under the city's regulations and therefore acts as a development order as the term is defined in Florida statues.

• Florida statutes prohibit the use of the initiative petition in regard to any development order. Any initiative vote on the defendant's proposed ordinance would be in violation of said statute.

• The city is permanently prohibited from submitting the proposed ordinance to voters.

Dye said Levin has 30 days from the date of the order, or by Sept. 14, to file an appeal of the judges ruling. Levin did not respond to an inquiry on whether he would file an appeal.

Tran said she is waiting on an engineering and drainage plan required to submit an application to the city's building department for a designation of the tree house as a deck or tiki hut.

In other action, a special magistrate ruled in a May hearing that Hazen and Tran did not bring the property into compliance with a code enforcement board order by removing the violations or demolishing the structure.

The magistrate ordered a fine of $50 per day starting from July 22, 2015, but following the ruling, Levin filed a notice of appeal of the fine to the circuit court.

Planning board OKs franchise moratorium

HOLMES BEACH – Planning commissioners approved an ordinance establishing a moratorium on franchise businesses in the city as consistent with the comprehensive plan.

City Attorney Jim Dye said the ordinance was drafted June 14 by the city commission and is to be in effect for up to eight months. He said any business that started the process before that date can continue the process.

"The moratorium gives the city an opportunity to study the issue and determine whether changes to its code are necessary," he explained.

He outlined goals and objectives in the comprehensive plan that he and City Planner Bill Brisson felt supported the ordinance. He said under Goal 1, the city will ensure the residential character of the city is maintained and protected and minimize the threats of incompatible land uses.

"The comprehensive plan recognizes Holmes Beach as the commercial center of the Island," Dye pointed out.

He also cited Objectives 1.1 and 1.2 and Policy 1.3.2, and Vice Chair Chuck Stealey asked, "We're just saying the moratorium is OK with the plan."

Dye responded, "That's exactly right. We're not weighing in on whether it is right or wrong."

Member Scott Boyd pointed out, "The comp plan doesn't address these types of uses. I understand the dynamic of the community concern.

"In our update of the comp plan, we need to make this clear. I would suggest that someone who is of a different philosophy and thought could make an argument the other way."

Members voted to reco

Members voted to recommend to the City Commission that the ordinance is consistent with the comprehensive plan.

Capital improvement element

Planning commissioners also approved an ordinance amending the city's five-year capital improvement scheduled as compatible with the comprehensive plan.

The ordinance establishes level of service standards for parks, recreational facilities and open spaces and establishes capital improvements programs for projects such as pedestrian crosswalks, a multi use trail and stormwater improvements.

Boyd asked if the city could charge impact fees and if they could be a source of funding, and Brisson said the city doesn't have sufficient growth to justify them.

"It would have to be a fairly sizeable project (to generate impact fees)," he pointed out.

Member Allan Wurzbach asked how stormwater projects get on the list, and Brisson said the city engineer makes recommendations.

"Lynn Townsend, the city's engineer, did a comprehensive basin by basin study, and work is well underway" Building Official Jim McGuinness explained. "The city is divided is into Basins 1 through 13, with particular boundaries and drainage needs. These are on display in the building department.

"A number of these have already been completed. These are improvements to the infrastructure of how the Island drains water. The infiltration trenches being installed throughout the Island are a dramatic improvement to our ability to take stormwater out of the street and out to the bay."

Wurzbach asked if the stormwater projects help reduce city's flood insurance rating from the Federal Emergency Management Agency (FEMA), resulting in discounts for residents.

McGuinness said these improvements do not affect FEMA's rating, which is based on protecting structures.

Gloria Dei

Planning commissioners were unable to move forward on the requests from Gloria Dei Lutheran Church for a rezone and comprehensive plan amendment due to an advertising glitch.

The church at 6608 Marina Drive has asked to rezone a portion of its property from PSP (public/semi public) to R-2 (two family residential). The request came after a committee explored options, and members determined that the only way to save the church was to sell off a portion of the property.

The request was continued to Sept. 7 at 7 p.m.

Fire station to be named for Andy Price

BRADENTON – West Manatee Fire Commissioners voted to name Station 3 (the former Station 1) in Holmes Beach after former Fire Chief Kenneth "Andy" Price.

The vote came after a motion by Commissioner Al Robinson to name the administration building in Bradenton after Price and former Commissioner Larry Tyler.

"We need to honor them because they created this thing," Robinson said in making the motion. "This building took $35,000 from the tax rolls, and they fought tooth and nail for it."

Chair Randy Cooper called Robinson's motion "tongue in cheek" and Commissioner Larry Jennis said it is "not in the expected spirit."

The motion was defeated, and Commissioner David Bishop said he had planned to ask commissioners to name Station 3 for Price, The Sun's 2016 Person of the Year.

"I think, with all he has done for the district, his name should be on Station 3," Bishop said and made the motion.

Jennis agreed and added, "It's more appropriate for the fire station than the administration building."

Commissioner George Harris noted, "He's an institution on the Island."

Robinson said fire stations are named after persons who are deceased, and Bishop countered, "It's good to honor someone while they are alive, and if anybody's deserving, he is."

The vote was 4/1 with Robinson dissenting.

Fire safety booklets for fifth-graders

 

 

 

 

West Manatee Fire Rescue has partnered with Community Safety Net (CSN) in a new educational initiative to produce booklets that include an interactive DVD to be distributed to the district's fifth-graders.

'We have partnered with businesses in our district to produce educational packets on fire safety, water safety, skateboarding safety," Fire Inspector Rodney Kwiatkowski explained to fire commissioners last week.

"Our goal is to see students take them home to their parents," Brian Rutherford of CSN said. "They can watch their interactive DVD as well.

"We're looking to educate the children on how to prevent fires; identify hazardous material labeling; stop, drop and roll; etc."

He said 50 businesses and organizations in the community contributed to have 800 booklets printed.

PAT COPELAND | SUN

From left, Brian Rutheford, of Community Safety Net, and Fire Inspector Rodney Kwiatkowski presented plaques to representatives of Blake Medical Center, Kelly Carlstein and Melissa Morgan, and American Legion Post 24, Commander John Rauh, Les Martin, Warner Wyle, Steve Carrubba and Robert Pearl, for their help in producing the fire safety booklet for fifth-graders.

 

Candidates share views with Cortezians

cindy lane | SUN

County commission candidate David Zaccagnino says
he wants to repeal Florida's gill net ban.

CORTEZ – A forum for Manatee County Commission District 3 candidates gave about 30 people in Cortez some insight into the views of candidates Matt Bower, Stephen Jonsson and David Zaccagnino.

Commercial fishing

Mark Coarsey, president of Fishing for Freedom, asked the candidates how they would support commercial fishing, the economic lifeblood of the historic fishing village.

Bower said he has become involved in the controversial proposed Long Bar Pointe waterfront development, just across Sarasota Bay from Cortez, "to make sure fishing is protected."

A financial advisor and San Remo Shores resident who grew up in Manatee County surfing and fishing, Bower said he advocates a "collaborative effort" among Fishing for Freedom and other organizations to form "a more cohesive approach" to development.

"Cortez is quaint and needs to stay that way," said Jonsson, an El Conquistador resident who said he advocates protecting the waterfront and supporting the local economy. He said he would try to get on the Southwest Florida Water Management District board and the Sarasota Bay Estuary Program board to improve water quality.

Zaccagnino, a Holmes Beach resident, financial advisor and former member of the FISH (Florida Institute for Saltwater Heritage) board in Cortez, said that when he served as a Holmes Beach commissioner, the city was one of the first to pass a fertilizer ordinance to protect waterways. He said that he would work to repeal the gill net ban, which has constrained commercial fishermen for more than two decades.

Developer donations

Citing the traffic and other problems that development is causing on Anna Maria Island, Holmes Beach Commissioner Jean Peelen asked the candidates if they had accepted donations from developers.

Jonsson said he did not seek them, but has proudly accepted donations from many developers.

"But that doesn't mean they can buy my vote," he said.

Bower and Zaccagnino said they have not accepted developer donations.

Sales tax referendum

Cortezian Joe Kane asked if any of the candidates were in favor of increasing the sales tax.

Zaccagnino said yes, that Manatee County now gets most of its revenue from property taxes and should diversify as other counties do and get revenues from other sources like the sales tax, especially in light of county budget difficulties. He added that about a third of sales taxes are paid by tourists, not residents, and that the county should lobby the Legislature to allow resort tax proceeds to be used for infrastructure.

Jonsson said he also favored increasing the sales tax, saying the county would be able to use it for new projects.

Bower opposes a sales tax increase, saying he does not trust the county administrator to wisely spend the funds.

No-kill shelter

All three candidates said they support a county no-kill animal shelter.

Hard work

Former County Commissioner and Cortez resident Jane von Hahmann asked the candidates if they were willing to do the extensive homework required to understand the county's comprehensive plan and land development code and ask hard questions of the county staff.

Jonsson said he was a beginner but a "quick study," adding the main issue is the compatibility of new developments with existing uses.

Bower said he has studied the comprehensive plan and land development code for nearly three years.

Zaccagnino said as a Holmes Beach commissioner, he had no problems questioning staff, and would not surprise them at public hearings but get answers beforehand.

First priorities

When asked what is the first thing each candidate would do if elected, Zaccagnino said he would work to get a referendum to lift the net ban, Bower said he would work on traffic problems and Jonsson said he would work on making the "dysfunctional" commission a team.

The general election is Tuesday, Nov. 8.

Pier expenditures approved

BRADENTON BEACH – Acting as the Community Redevelopment Agency (CRA) Committee, City Commissioners made several decisions last week regarding CRA expenditures and revisions to the current CRA plan.

Which plan?

On July 6, city staff emphasized the need to update the outdated CRA plan adopted in 1992 in order to maintain the CRA taxing district designation that expires in 2018 or 2019.

On Aug. 3, City Attorney Ricinda Perry and City Planner Alan Garrett recommended the committee refrain from making any CRA expenditures until the city had a revised plan in place and Mayor Bill Shearon was authorized to bring the committee a recommended CRA consultant to assist with these efforts.

During the Thursday, Aug. 18, CRA meeting, Perry reversed course and said CRA funds could be used to fund certain projects according to the current plan while an updated plan is being developed.

"But you have to make specific findings as to how your current plan supports those projects," she said.

CRA revenues are generated by a portion of the tax revenues collected within the CRA district that extends from the south side of Cortez Road to Fifth Street South. The current CRA fund balance is approximately $1.3 million and can only be used for projects within the CRA boundaries.

Dock replacement

After examining a map of the CRA district and determining that the floating dock next to the Historic Bridge Street Pier is located within the CRA boundaries, the committee unanimously authorizes up to $250,000 to spent on replacing the storm-damaged public day dock along the south side of the pier.

In addition to extending the replacement dock to the full length allowed by the state-issued submerged land lease, finger docks might be installed perpendicular to the pier in order to create more free public docking opportunities than the current parallel docking configuration allows.

Bradenton Beach Marina President Mike Bazzy said he supported day dock improvements but would oppose CRA funds being used to add commercially leased slips on the north side of the pier.

"If you keep going down this road I'm going to have to resist this at all different levels," Bazzy said.

He and his father are already involved in a pier-related lawsuit they filed against the city in 2015.

"We do have riparian rights all the way out to that channel. We'll fight it," Pines Trailer Park resident Bill Vincent said in regard to the addition of commercial slips.

"This is strictly for the day dock that's in disrepair. As far as the north side, DEP (Florida Department of Environmental Protection) is looking into those riparian rights and seeing if the north side is a possibility. We're not talking about commercial slips at this time," Commissioner Jake Spooner said.

In a separate action, the committee agreed that a previously approved general fund expenditure of $15,235 for consulting services provided by Scheda Ecological Associates to research the potential addition of commercial slips would now be paid for using CRA funds instead.

CRA consultant

The committee voted 4-1 in favor of Perry serving as the city's CRA consultant instead of hiring an outside consultant as previously discussed. After noting that Shearon had not yet submitted a recommendation for a CRA consultant, Cole suggested Perry do it. Shearon cast the only opposition vote.

When asked if she felt qualified to revise the CRA plan, Perry said, "Yes. It's not incredibly challenging. The most challenging part is making sure you get public input and understanding what the public would like to see as part of the CRA plan. The biggest concern I would have is that this is the most splintered, divided community I have ever seen. Can we come together as a community and actually come up with a plan? I don't know in this city if that's possible."

The revised CRA plan is expected to include expanded CRA boundaries that would allow CRA funds to be used for a managed mooring field or anchorage.

AMOB A/C

Using CRA funds, Public Works Director Tom Woodard was authorized to proceed with the previously approved replacement and relocation of the main air-conditioning unit for the city-owned space leased to the AMOB restaurant. The cost is not too exceed $70,000, including the previous replacement of the kitchen A/C unit.

Pier lawsuit drags on

BRADENTON BEACH – The summary judgement hearing requested by the city of Bradenton Beach in defense of a lawsuit filed last year by Bradenton Beach Marina owners Al and Mike Bazzy has been continued until Wednesday, Sept. 7.

The continuation was agreed to during the summary judgement hearing on Aug. 11. Representing the city, attorney Fred Moore questioned the timing of the amended complaint filed by Bazzys' attorney, Nelon Kirkland, one day earlier, but he did not object to the hearing being continued to a later date.

If Circuit Court Judge Gilbert Smith Jr. grants the city a summary judgement in September, the case would essentially be over, although the Bazzys could appeal his ruling. A trial has tentatively been scheduled for mid-October in the event that Smith the does grant the city a summary judgement next month.

Sunshine rules

Kirkland and Moore agreed the case would come down to whether Sunshine violations occurred during the preliminary negotiations of the pier lease with Anna Maria Oyster Bar owner John Horne and the We're Back LLC ownership group that took place last summer.

"The sustenance of our complaint is there were things done outside the Sunshine Law," Kirkland told the court.

In July 2015, the City Commission chose AMOB as its preferred pier tenant, favoring the AMOB proposal over proposals submitted by the Bazzys and others. AMOB's original proposal was for the restaurant space only and not for the two smaller spaces now subleased to other tenants.

The commission directed Mayor Jack Clarke and City Attorney Ricinda Perry to engage in further discussions with Horne and his attorney and bring any proposed lease revisions back to the commission for final approval. During those non-public conversations, Horne increased his offer and agreed to lease the two smaller spaces as well. The Bazzy's complaint alleges those private discussions violated Sunshine Law.

"Everything lives and dies by the Sunshine violation as we sit here right now," Moore said.

Moore contends no Sunshine violations occurred, and if they did they, were cured by public hearings in August and September, during which the commission accepted the proposed lease terms and the Bazzys voiced no objections.

If Sunshine violations did occur, the city's existing lease agreement with AMOB would be void and a new request for proposals would have to be issued for all three spaces.

Representing AMOB at the Aug. 11 hearing, attorney Kristina Snyderman said her clients spent $600,000 improving the city-owned space before opening in December.

"The Bazzys watched the build-out, and it wasn't until two months after the second reading that the Bazzy's initiated this lawsuit," she said.

Advertising error discovered

The legal battle took another turn during the Thursday, Aug. 18, City Commission meeting. City Attorney Ricinda Perry told the commission that it had recently come to Moore's attention that an error occurred in the original advertising of the lease ordinance adopted last September. Perry attributed the mistake to a member of the clerk's office no longer employed by the city.

According to state law, the final adoption of an ordinance has to be advertised 10 days in advance.

Moore said the advertisement was placed on Aug. 25. Final adoption of the lease ordinance occurred on Sept. 3.

"In an abundance of caution, we are recommending that we go ahead and redo the first and second reading with brand new advertising, so there is no ability to challenge that time frame issue that has arisen," Perry said, noting that the ordinance and lease have not changed.

Mike Bazzy objected and said, "This is the same lease with John Horne that includes buildings two and three. This goes right back to the whole Sunshine violation, which is still in litigation."

In regard to the advertising error, Moore said, "It was raised for the first time last week, the night before the summary judgment hearing. It is separate and distinct from the Sunshine violation. My analysis was there was no Sunshine violation. The Sunshine issues will go forward, and we were just remedying the situation brought to our attention last week."

The commission readopted the ordinance on first reading and an advertised second reading has been scheduled for Sept 1.

Commission approves Center support

BRADENTON BEACH – Inspired by recent remarks made by Center board member Ed Chiles, the Bradenton Beach Commission voted 3-2 in favor of donating $5,000 to The Center in the new fiscal year that begins in October.

Commissioners Ralph Cole, Jake Spooner and Jan Vosburgh supported the donation. Mayor Bill Shearon and Vice Mayor Ed Straight opposed it.

"Ed Chiles' public comment is what compels me to move this forward," Cole said in reference to public comment Chiles gave at the Aug. 4 meeting.

Cole said his kids used the Center and now his grandkids are getting to an age where they too use it.

"It's been a big part of the community for a long time. I see kids playing games and doing something besides looking for Pokémon."

He also mentioned The Center's social impact.

"It's an opportunity for the community to get a little closer together, and I think that's what we need on this Island."

Vosburgh said she recently had a change of heart regard to supporting The Center.

"I took the opportunity to go visit Kristen, and I was very impressed. I am very much for supporting them," she said, noting that community centers nationwide depend on support from local municipalities.

She said support for The Center should be an annual city expenditure.

"I'm in favor of supporting them, I just don't know if the timing is good right now, since we've already established our budget," Straight said.

"I grew up right around the corner from there, and after school I would get off the bus, run home, put my book bag down and head to The Center," Spooner said. "I still have a handful of friends that I grew up there with. Not only me, but my parents are still friends with my friends I met at the youth center. That's priceless, 30-plus years of friendship. Their mortgage is paid off, they have new leadership and they have a lot of good momentum going."

Expressing a different opinion, Shearon said, "No matter how good the organization is, I don't think that we should be taking taxpayer funds to support non-city things. We don't have it in either one of our budgets, and there's no money to do it. They've made drastic changes, but to me there's still a lot of questions."

Chiles sought support

When Chiles addressed the commission earlier this month, he said, "I don't think there is a single organization that does more to support children, families and our senior population than the Anna Maria community center."

He then addressed the debate about The Center competing with the Island's for-profit gyms and fitness centers.

"The idea that The Center shouldn't have a fitness facility is ridiculous. The idea that that means it doesn't qualify for 501(c)3 status is beyond ridiculous. Frankly, I'm a little disappointed in some of the folks that have been putting that out. If you can't compete, then you shouldn't be in business. I don't squawk when another restaurant opens their doors; and some of the people who are yelling the loudest about that are people who said they couldn't have raised their children without the support the community center provided," Chiles said.

"You have a 130 citizens of the city of Bradenton Beach that use that center on a regular basis so I encourage you, I exhort you, I beg you to show your support," Chiles said, when asking the commission to donate $15,000.

When asked about the commission's decision, Chiles said, "It's gratifying to see the Bradenton Beach Commission recognizes the tremendous progress that has been made at The Center as well as the important resource it is in supporting the well-being of the children, families and senior citizens of our community."


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