ANNA MARIA – The Anna Maria Island Privateers are not interested in having former Privateer Rick Maddox join them in the Christmas parade they are hosting on Saturday, Dec. 10.

Maddox fell out of favor with the Privateers in 2012 after he took the non-profit organization to court seeking ownership of a Christmas sleigh that was mounted to a boat trailer and used as a parade float. In 2014, Maddox was awarded ownership of the float, and the Privateer’s were ordered to pay his attorney fees as well.

In June, 2015, the Privateers unveiled a new sleigh-themed float built by the father and son team of Warren and Tim Klaus. Last week, Maddox appealed to the city of Anna Maria to intervene on his behalf.

On Thursday, Dec. 8, the city commission will review the special event permit previously issued to the Privateers for the parade that is scheduled to leave from Bayfront Park in Anna Maria at 10 a.m. and then travel south through Holmes Beach and Bradenton Beach.

On Nov. 29, the city of Anna Maria received a letter from Maddox that said he has been denied entry into the Privateers’ recent parades because he and the Privateers have been at odds since he sued the organization over ownership of the float.

Maddox contends qualified entrants should not be excluded from a public event that takes place on public property made available for a civic purpose. His letter claims not allowing him to participate in the parade is a violation of the Florida Civil Rights Act of 1992.

“The hosting of a community parade to celebrate Christmas is not in dispute. The ability to exclude qualified participation based on dislike is what is in dispute,” his letter said.

In response, Mayor Dan Murphy sent a letter to Maddox that said his appeal of the Privateers’ special event permit application had been scheduled for the Dec. 8 meeting.

According chapter 10 of the city code of ordinances, “Any person who is aggrieved by the determination of the city in regard to a public events permit may petition the city commission for review of the city’s findings. The city commission’s factual review shall be limited to the information before the city when the decision was made on the application. The city commission shall approve, approve with conditions or deny the petition. Any appeal of a decision by the city commission shall be taken to a court of competent jurisdiction in accordance with applicable state law.”

The commission could deny Maddox’s appeal; could order the special event permit to be modified in manner that would force the Privateers to allow all interested parties in their parade; or the permit could be cancelled and the parade could be prohibited in Anna Maria.

Privateers respond

Citing Facebook comments Maddox posted about last year’s parade, Privateers’ President John “Red Beard” Swager said the organization has no desire to include participants who do not exemplify the joy of the season.

“The whole reason he’s not in the parade is because he’s not in the holiday spirit. If you’re going to show up with a Grinch-style attitude, then don’t show up. We would deny anyone access to the parade who’s not in the holiday spirit. This is a family and children’s event. It’s not anything that we’ve done; it’s what he’s done,” Swager said on Sunday.

Privateer Tim “Hammer” Thompson said, “It’s our parade, and we retain the right to refuse people we feel do not fit into our premises of community spirit and good will. If a strip club wanted to participate we could refuse them too.”

BRADENTON BEACH – After two attempts, the four sitting city commissioners remained deadlocked as to who would fill the vacant Ward 2 commission seat, so a cutting of the cards will take place at city hall at 6 p.m. on Tuesday, Dec. 13.

The two potential appointees, Marilyn Maro and Anne Leister, will cut a deck of cards, with Maro going first. The candidate who cuts the highest card will assume the commission seat formerly held by Commissioner Ed Straight and they will serve the remainder of the two-year term that expires in November, 2018.

The city charter provides for this contingency and states, “If a majority of the commissioners are unable to fill a vacancy after two meetings, then the successor shall be chosen by lot by the city clerk from the nominees proposed.”

Chosen by lot means the vacancy is filled by a game of chance, as was the case when cards were cut to decide the tied mayor’s race in 2015, in a ceremony conducted by Supervisor of Elections Mike Bennett.

The late emergence of Leister as a candidate at the Thursday. Dec. 1 commission meeting resulted in the first of two 2-2 votes. Mayor Bill Shearon nominated Maro and Commissioner John Chappie supported the nomination. Commissioner Ralph Cole then nominated Leister and Commissioner Jake Spooner supported that nomination. Thursday’s tie vote led to a special meeting that took place Monday evening, Dec. 5, at city hall, which resulted in a second 2-2 vote.

Drama unfolds

The Dec. 5 meeting saw several citizens provide public comment, most of which also entailed expressions of support for Maro, some holding signs that said, “I stand for Marilyn.”

Residents Patricia Shay and John Metz expressed concerns about Lester’s husband, Steve, being employed by the Bridge Street Bazaar, which is owned by Spooner. Steve manages the warehouse operations that supply Spooner’s retail business and the Island Bazaar in Holmes Beach owned by Spooner’s mother.

Metz questioned whether this would result in Anne Leister’s decisions as a commissioner being influenced by Spooner.

Karen Clarke, wife of former Mayor Jack Clarke, pointed out that Mayor Shearon’s significant other and personal caretaker, Tjet Martin, ran for a city commission seat in 2014 and her candidacy was not challenged.

According to the Manatee County Supervisor of Elections office, there is no state or local law that prohibits two members of the same household from serving on the same governing body, as long as they do not discuss their government business outside of a public meeting. The same provisions would apply to Spooner and Mrs. Leister.

Leister was unable to attend the Dec. 1, meeting, but she addressed the commission Monday night.

“I live by the character of my convictions. I have my own job and my own income, so I don’t really rely on my husband’s income,” she said, noting that she makes her own decisions and would not be influenced by her husband’s employer.

Leister is a sales director for Coventry Workers’ Comp Services. She earned a Bachelor of Science degree from Ohio University and she is actively involved in the PTO at Anna Maria Elementary and King Middle School.

“I have the city’s best interest at heart too,” she said.

Maro did not address the commission Monday night, but she made some brief comments at the Dec. 1 meeting. Some who attended the two meetings were critical of the fact that Leister did not submit her application until Wednesday, Nov. 30; whereas Maro submitted her application in late September and attended most city meetings after that.

Leister attended a moratorium-related town hall meeting earlier this summer. The last commission meeting she attended was in December 2015, when she expressed concerns that a proposed building moratorium would have unintended consequences for large permanent families like hers that require homes with more than four bedrooms.

ANNA MARIA – Pine Avenue will be closed to vehicular traffic during the holiday festivities taking place in Anna Maria on Friday, Dec. 9, from 5:30 p.m. until approximately 9 p.m.

The roadway will be closed from just beyond the Roser Memorial Community Church up to Gulf Drive.

The street closing will coincide with the Anna Maria Holiday Open House being sponsored by the Anna Maria Island Historical Society and the Anna Maria Island Sun. Those who stroll up and down Pine Avenue during the open house will be treated to light snacks and musical entertainment while visiting the local businesses.

“If you’ve attended this event in the past then you would have seen what I have seen, and that’s children running in the street, alcohol being served and people in cars and on motorcycles going up and down Pine. To me that’s a most dangerous thing. It’s not a matter of if someone’s going to get hurt, it’s a matter of when, so I think it’s prudent that we close off Pine Avenue,” Mayor Dan Murphy told city commission members last week.

He said impacted business owners and residents along Pine Avenue would be notified of the street closing by way of a letter sent out by the city.

Pine Avenue will remain open during the city-sponsored City Pier Park Holiday Celebration taking place at the corner of Pine Avenue and South Bay Boulevard from 4:30 to 5:30 p.m. Serving as a precursor to the open house, the city’s holiday event will include a brass band playing Christmas carols, free snacks and beverages and a visit from Santa, who will arrive at the park with an escort from the Manatee County Sheriff’s Office.

The annual Christmas on Bridge Street event taking place in Bradenton Beach on Saturday, Dec. 17, will feature “an epic hot chocolate bar,” according to Sea-renity Spa owner and Bridge Street Merchants volunteer Amanda Escobio.

Christmas on Bridge Street will begin at 4:30 p.m. and continue until approximately 8:30 p.m. Occurring in the vacant lot at 107 Bridge Street, this free evening of holiday entertainment will also include the tallest Christmas tree on the Island; Santa and his sleigh; and The Dickens Carolers singing and telling stories while adorned in Dickens-era costumes. The Dickens Carolers will perform at 6 and 7 p.m.

Island musicians Russ and Brandi Adams will perform acoustically throughout the evening and the children’s chorus from the Rowlett Academy in Bradenton will perform at 5 p.m.

Special sales will be offered by the participating retailers up and down Bridge Street and there will also be a special Outdoor Holiday Market taking place that night. Those interested in vendor space can contact Melissa Enders at 215-906-0668.

Merchants on and off of Bridge Street will donate jewelry and other gift items to the silent auction that will include designer holiday wreaths, gift certificates for hotels and restaurants, beach massages, miniature golf and Segway tours, as well as local art and handcrafted jewelry.

A portion of the event proceeds will be given to Turning Points, a Bradenton based non-profit organization that provides a variety of services designed to assist individuals and families on a path from homelessness to financial stability and independence.

“While we are having fun with our friends and neighbors this night, we will also be celebrating the true meaning of Christmas by helping Turning Points do all the big things they do for those in need,” Escobio said.

There will be limited parking available along Bridge Street, behind the BridgeWalk resort, at Bradenton Beach City Hall, at the post office and just south of Bridge Street along Cortez Beach.

The Island Monkey Bus (941-565-6542) and the Adventure Away’s new AMI Beach Bus (941-315-8607) will be running, and folks also are encouraged to take the free Anna Maria Island Trolley.

Christmas on Bridge Street is being sponsored by the Bridge Street Merchants, the Anna Maria Island Sun, the Bradenton Herald, the Manatee County Convention and Visitors Bureau, Bright House Networks and Grayhawk Window Systems.

For more information, call 941-896-2222 or visit www.christmasonbridgestreet.com.

BRADENTON BEACH – City Commissioners have directed City Attorney Ricinda Perry to prepare an ordinance that would ban medical marijuana dispensaries and growing facilities in Bradenton Beach for the foreseeable future.

This decision was reached by the four sitting commission members during the Thursday, Dec. 1, meeting. Newly-elected Commissioner John Chappie urged the commission to discard the six-month moratorium on dispensaries discussed by the previous commission on Nov. 17.

“I was not sitting up here at the last commission meeting when the last direction was given,” Chappie said in regard to the marijuana moratorium ordinance Perry was asked to prepare for last week’s meeting.

“My feeling is just say no. Then whatever the state does, we can come back and establish some ordinances. I don’t see any reason city tax dollars and staff time should be used analyzing and reviewing whether we want dispensing places here in Bradenton Beach,” Chappie said.

He said his preference was to direct Perry to draft an ordinance similar to the marijuana ordinance Anna Maria commissioners adopted in September in anticipation of medicinal marijuana being approved by Florida voters in November.

The Anna Maria ordinance prohibits growing, cultivating, processing and selling medicinal marijuana within the city limits. Chappie said this approach would still allow the city to revisit the issue if need be at a later date.

When the marijuana moratorium was first discussed on Nov. 17, the commission was not asking for a permanent ban on dispensaries, but instead they discussed following the county’s lead in adopting a six-month moratorium that would provide time to develop a local permitting processes and determine where dispensaries could be located.

Last week, Commissioner Jake Spooner asked Perry if state law would supersede any new city laws adopted.

“Yes and no. State law is preempted by federal law and federal law does not allow for this. So regardless of what the state has articulated in its statues, the argument – and that is what the city of Anna Maria is relying on – is that it’s federally prohibited,” Perry said.

Despite the federal prohibition, 29 states have legalized or are in the process of legalizing medicinal marijuana; and eight states and the District of Washington D.C. have legalized recreational marijuana use, according to Governing.com.

During the Nov. 17 meeting, Mayor Bill Shearon said he did not consider the city moratorium to be an attempt to enact a permanent ban on dispensaries.

“I’m changing my thought here. If we can just say no, it’s done with, and we don’t have to spend our time and effort on it, and we can just go with the federal guidelines,” he said last week.

Spooner restated the point he made at the previous meeting in regard to Bradenton Beach voters expressing the highest level of support in the county for the statewide constitutional amendment, with nearly 80 percent of city voters supporting it.

“I don’t know if that reflects that people want a dispensary or not, or they just want access to medical marijuana,” Spooner said.

“I think it’s two different things. It’s nothing against medical marijuana; it’s just the distribution,” Shearon said.

“But if somebody can’t get it anywhere … ,” Spooner concluded.

Chappie then made a motion to direct Perry to draft an ordinance similar to the Anna Maria ordinance, and his motion passed by a 4-0 vote.

ANNA MARIA – Treasurer Jim Froeschle told the board of directors that four factors contributed to The Center losing $34,000 in October and $141,000 year to date.

Froeschle said there are great improvements with programs being added and the range and quality of those programs, and participation is strong, but the revenue has not increased due to the all-inclusive membership.

“People are learning what membership to buy to get the best value,” he said. “The people using The Center are getting enormous value, but the program fees are not rising to the extent we had hoped.

“Participation levels are up but people are doing it as a member, so they pay $5 instead of $90 or $120. It’s living with the new fee structure we have and figuring out how to market that.”

He said rental memberships have decreased due to the lack of a program and added, “We had rental companies buying annual memberships a year ago, but we have not done that this year, and they have not renewed those, so that puts us down from last year.”

In addition, a program designed to draw a steady stream of revenue from businesses in the community was optimistic, and city funding from Anna Maria and Holmes Beach is zero to date.

Lobbying for city funding

“We’re working with the cities to find out what they are looking for from The Center and what we can do to encourage them to fund us,” Froeschle said. “I think they will step up, but I think it will be more in the line of new programs being added.

“If they do that, it’s a great thing for the people attending The Center, but it doesn’t help our current budget issue. We’re going to have to live with that. The past of getting funding from the government as an ongoing budget source of revenue appears to be going away.”

Executive Director Kristen Lessig said Center officials are making presentations regarding funding to the Anna Maria City Commission on Dec. 8 and the Holmes Beach City Commission on Dec. 13

He said November should be a good month because The Center would get its funds raised through the Giving Challenge. There also is a $50,000 matching challenge until Dec. 31.

“Because of the limitations and the operational area of how much we can do to turn activity into money, we are going to have to recognize a stronger community support, stronger individual donation support and stronger business support going forward. We have to find new members and new supporters,” Froeschle concluded.

Director’s report

Lessig reported that accomplishments for the fiscal year from July 1, 2015 to June 30, 2016 include:

• Receiving he Manatee County School Board award for Outstanding Partner of the Year in Education;

• Launching the new program center concept and adding a dedicated art space;

• Resurfacing the tennis courts;

• Enhancing the sports fields through a grant from the Pittsburgh Pirates;

• Awarding $52,000 in scholarships and reduced fees.

She said goals for fiscal year 2016-17 include:

• Increasing memberships;

• Increasing partnerships to enhance and elevate programs;

• Raising $400,000 in individual donations;

• Establishing meaningful partnerships with local businesses to support The Center.

BRADENTON BEACH – The city commission and City Planner Alan Garrett have requested as many as four commission workshops to be scheduled for the review and discussion of the Planning and Zoning Board’s recommended vacation rental regulations.

The recommended regulations are being referred to as the Transient Public Lodging Establishment (TPLE) ordinance.

The scheduling request was made at the Dec. 1, commission meeting. During that meeting, no substantive discussion took place on the actual content of the proposed TPLE ordinance.

The planning board originally recommended a vacation rental occupancy limit of two people per bedroom plus two additional guests. On Nov. 30, the planning board voted 3-2 in favor of making an additional recommendation to the commission for an eight-person occupancy limit on new vacation rental units or existing structures converted to vacation rentals after the TPLE ordinance is enacted.

The TPLE ordinance calls for mandatory side yard trash pickup for non-owner-occupied rentals, the public posting of owner/agent contact information and interior posting of occupancy and parking allowances that would be accessible to a police officer who responds to a complaint.

The planning board continues to discuss several potential amendments to the land development code (LDC) that are aimed at decreasing the size, livable space, buildable space and number of bedrooms for vacation rentals built in the R-1 and R-2 zone districts.

The planning board and the City Commission are now working under the six-month building moratorium imposed by city voters during the November elections. The moratorium prevents city staff from accepting new building permit applications for the construction of new homes in the R-1 and R-2 zone districts that have more than four bedrooms or rooms that could be used as sleeping rooms – including dining rooms, living rooms, offices and dens.

The commission has not yet held any public discussion on the planning board’s recommended rental regulations and the potential LDC amendments have not yet been presented to the commission.

“The sooner we get to this, the happier I’ll be,” Commissioner John Chappie said in regard to the requested commission workshops.

Due to the Christmas holidays, the Dec. 1 meeting was supposed to have been the commission’s final meeting of 2016.

“I’m ready to move forward if there’s time in December, so that we can get this moving because of the time frame of the moratorium,” Garrett said.

As of Monday morning, no workshops had yet been scheduled. The planning board will meet again at 1 p.m. on Wednesday, Dec. 21.

Bradenton Beach remains the only city on the Island that does not have vacation rental regulations in place. It is also the only city on the Island that has not been subjected to vacation rental-related Bert Harris claims filed on behalf of property owners who feel rental regulations enacted in Anna Maria and Holmes Beach have devalued their rental properties.

ANNA MARIA – Mayor Dan Murphy and Commissioners Brian Seymour and Nancy Yetter were sworn into office during the organizational meeting that preceded the Nov. 30 city commission meeting.

The swearing in ceremonies were conducted by City Clerk LeAnne Addy.

When being sworn in separately, Seymour, Yetter and Murphy each said, “I do solemnly swear that I will support, protect and defend the constitution and government of the United States and the state of Florida; that I am duly qualified to hold office under the constitution of the state of Florida and the charter of the city of Anna Maria, Florida; and that I will well and faithfully perform the duties of the office of city commission on which I am now about to enter, so help me God.”

After being sworn in, Murphy congratulated Seymour on his election and Yetter on her reelection. He also acknowledged the past efforts of former Commissioner Chuck Webb, who fell short in his bid to retain the commission seat he held for many years.

“I’d like to thank Chuck Webb for his service and dedication to our city over the years. Chuck has served in many capacities, both on the Planning and Zoning Board and on the commission, and I think he deserves a thank you from the city of Anna Maria,” Murphy said.

Murphy then opened the floor to nominations in regard to who would serve as the commission chair and lead the commission in its meetings.

Yetter nominated Commissioner Carol Carter. In his first act as a commissioner Seymour then nominated Copeland. Both members accepted the nominations and Copeland was elected by a 3-2 vote. Seymour, Copeland and Dale Woodland voted in favor of Copeland retaining the chair’s seat. Carter and Yetter voted in favor of Carter assuming that position for the first time.

After the meeting, Seymour said he was a little nervous at first sitting up on the dais, but he quickly got comfortable and he hopes to be a quick study in terms of the learning curve that faces new commissioners.