HOLMES BEACH — Public education is slated to be a large part of enacting City Engineer Lynn Burnett's new bike route plan in Holmes Beach.

More than two dozen community members gathered March 29 for the last of two bicycle path forums at Holmes Beach City Hall. The discussion at the first forum related primarily to the route the bicycle path is planned to take, winding through neighborhoods to make use of already installed sidewalks and keeping cyclists out of the path of much of the Island's vehicular traffic. The second forum's discussion focused primarily on safety.

Burnett hosted the forum with Holmes Beach Police Chief Bill Tokajer. Burnett said the bike path is being routed through neighborhoods to take advantage of already installed sidewalks which can be widened to 8 feet to accommodate a multi-use path. Another consideration is the lack of intensity of vehicular traffic on side streets which can be made into sharrow roads where no bicycle or multi-use facilities exist.

Burnett estimates the project to cost $1.39 million and be fully implemented within the next five years. Funds for the local road portions of the project are planned to be budgeted by city commissioners while Burnett is still seeking options for the state road portions and road segments available for federal assistance funds.

Cyclist Rick Lewis said while he fully supports the installation of new bicycle path facilities in the city, he feels cyclists, pedestrians and motorists all need to be educated about how to properly use the paths and share the road.

"When I'm on my bicycle, motorists have to give me at least three feet, even if I'm in the bike lane," he said. "It's the law, and I don't feel like a lot of people know that."

Resident Jerry Morgan, who lives on 43rd Street, said he would be willing to have his street, located near the Manatee Public Beach, turned into a bicycle and pedestrians only street to help keep cyclists safer.

Nancy Deal asked what would keep motorists from speeding through side streets in an effort to escape the traffic on main roads.

"It's all education through enforcement," Tokajer said, adding the police also would be strictly enforcing laws concerning crosswalks and bicycle lanes to help keep pedestrians and cyclists safer.

The next steps for the project are Burnett creating a finalized plan to present to commissioners for approval before improvements can begin. The first segment of construction will be signage, sharrow lane striping and the installation of flashing beacons for major crosswalks.

Information on the project is available on the city's website, www.holmesbeachfl.org, along with a section for community member comments, which will be considered by commissioners before a final decision is reached.

TALLAHASSEE – Mike La Rosa's vacation rental bill, HB 425, is headed for a final committee review before being voted on by House members as a whole.

On Tuesday, March, 28, the Careers and Competition Subcommittee ruled favorably on the bill by a 9-6 margin. Unless a workshop is scheduled to discuss potential amendments, the bill's last stop will be the 30-member Commerce Committee that includes Rep. Jim Boyd (R-Bradenton).

The House bill filed by La Rosa (R-St. Cloud) seeks a return to 2011 law that prevented local governments from adopting new vacation rental regulations. A 2014 amendment returned to local governments the limited ability to regulate vacation rentals.

"I believed local governments would not take advantage of this, but that's not what's happened," La Rosa said.

His bill would require local laws to treat vacation rentals the same as any other residential property, and he painted an incomplete picture of the vacation rental industry when addressing the subcommittee.

"Most of the time they're a second home that somebody outside of the area owns. They use the property when they come down and vacation. When they're not here, they rent it out. This gives opportunities for families across our county and across the globe to come in and visit some of Florida's greatest assets," he claimed.
He failed to note that many vacation rentals are owned by local, regional, national and international investors and operated solely for commercial purposes.

"The average vacation home is owned by an individual, by a family. They don't exactly have the money to start lawsuits when their values have been diminished by local government," he said, when addressing Bert Harris claims filed by vacation rental owners.

Withdrawn amendments

Halsey Beshears (R-Monticello) and Randy Fine (R-Palm Bay) filed potential amendments to the bill, but then withdrew them from consideration.

Beshears' amendment called for all short-term vacation rentals to display their statue-issued certification, with daily fines for owners who fail to register their properties with the state, including those who use Airbnb and HomeAway to advertise their rentals. His amendment also proposed daily fines for advertising unregistered rentals.

"This leads to a bigger picture and perhaps a bigger argument. I think that we will perhaps workshop this another day," he said.

La Rosa agreed that local governments should know which properties are vacation rentals, and he suggested the state provide that information to cities.

Fine's amendment called for short-term rentals to be classified as commercial properties, which would subject them to local zoning restrictions – like the comprehensive plans in Anna Mara and Bradenton Beach that prohibit commercial activities in residential zones.

"If you buy home and choose to rent it over and over again you're no longer a residential property. You're now a hotel," Fine said.

Anna Maria Island Mayor Dan Murphy recently cited Rep. Joe Gruters (R-Sarasota) as an ally in the efforts to retain occupancy limits and local registration programs, but Gruters did not speak during the subcommittee discussion and he voted favorably on the bill presented.

Local input

When addressing the subcommittee, Anna Maria resident Ruth Uecker said, "I oppose 425. We are not opposed to vacation rentals and we do not stifle tourism. We do not want to over-regulate usage or interfere with property rights, but we do want to retain the tools we have to solve local problems. One of those major tools is our ordinance, which is a very good ordinance. Please don't take away the means by which we are able to maintain our community's integrity. Our local ordinance is working well, why alter it?"

ANNA MARIA – Developer Shawn Kaleta has been named in a lawsuit that alleges he failed to meet his financial obligations and fraudulently provided the fake signature of his investment partner.

In response to the complaint, Kaleta's attorney, Louis Najmy, said, "It's a baseless claim and unfortunately it is being twisted by the other side. In fact, we are preparing a countersuit for monies rightfully owed to Mr. Kaleta that have remained unpaid and in default."

On March 10, the lawsuit was filed with the 12th Judicial Circuit Court in Bradenton on behalf of plaintiff Ratnamani Lingamallu, a female physician from Lakeland. The lawsuit names Kaleta and Pine View Gulf LLC as defendants.

"This is an action for fraud, breach of contract, breach of standard of conduct and contribution for money damages in an amount greater than $15,000," the complaint states.

According to the complaint, Kaleta and Lingamallu formed the LLC in September 2014 as equal partners for the purpose of purchasing the lot at 109 Pine Ave. and building a house for future rent or sale. Lingamallu and Kaleta were each supposed to contribute $300,000 for the purchase the property, which Lingamallu did.

"After the agreement to contribute, Kaleta advised plaintiff he was unable to contribute cash and would need to mortgage the property. As equal members and decision-makers of the LLC, plaintiff allowed Kaleta to mortgage the property with the understanding that Kaleta would be solely responsible for all payments toward the mortgage," the complaint states.

Kaleta executed his mortgage in December 2015. He and Lingamallu were then supposed to contribute an additional $450,000 each for the construction of the house by Kaleta's Beach to Bay Construction company.

The complaint states the plans for the house included high-end finishes and an elevator that was never installed. It also states the square footage was reduced without the Lingamallu's consent.

"Plaintiff contributed $383,750 for construction of the house. Kaleta has not made a monetary contribution for the construction of the house," the complaint states.

"On or about May 15, 2015, Kaleta caused a declaration of land restriction to be forged with a fake signature of plaintiff without knowledge of plaintiff," the complaint states.

The complaint states that Kiri Stewart, a former Kaleta employee or associate, notarized that document.

"On or about April 2, 2016, Kaleta caused a restrictive covenant to be forged with a fake signature of plaintiff without the knowledge of plaintiff. The witnesses, John Schneider and Casey Schneider, and notary, Casey Schneider, are employees of contractor or otherwise associated with Kaleta," the complaint states.

The restrictive covenant with the city of Anna Maria would have prohibited the property from being used as a short-term vacation rental for five years, in exchange for building permits that were issued while a building moratorium was in effect. But ensuing complications with the paperwork led to delays that resulted in the building moratorium expiring before the restrictive covenant took effect. The property received a certificate of occupancy in December and is properly registered with the city for use as a vacation rental.

"The city of Anna Maria and the mortgage holder relied on Kaleta's fraud," the complaint states, noting that Lingamallu is seeking monetary damages, attorney fees and court costs. The complaint also alleges the value of the property was diminished, and it requests the dissolution of the LLC, with Lingamallu to be the recipient of the LLC's assets.

HOLMES BEACH — It's an event that's been several months in the making — Grassy Point Preserve is about to reopen to the public.

"This is a real sweetheart of a project," said Mary Buonagura, city human resources specialist.

Buonagura presented commissioners with a tentative plan for a soft opening of the preserve March 28 during a commission meeting.

With commission input, the soft opening is scheduled for 11 a.m. Wednesday, April 19, at the preserve's entrance on the north end of Avenue C.

The soft opening is planned as an invitation-only event to thank the people instrumental in creating the park and its new expansion, which includes a boardwalk, extended trail and deck for viewing Anna Maria Sound.

The park will be opened to the public immediately after the soft opening concludes.

"This soft opening is a 'thank you' to some very special people," Buonagura said.

The soft opening is planned to include a ribbon cutting at the new boardwalk, tours of the park and a luncheon for attendees.

Buonagura said city public works employees would have the two new lots purchased on the east side of Avenue C graded and covered in shell to provide parking for the festivities.

"I'm excited about this," Commissioner Carol Soustek said. "We'll get to thank a lot of people." She added that, as the commission's liaison to the preserve, she would like to hear from community members what features and events they'd like to see at Grassy Point going in the future.

"I think it's wonderful," Commissioner Jean Peelen said. "I'm so glad we're doing this."

HILLSBOROUGH COUNTY – An arrest has been made in connection with an auto theft that occurred in Anna Maria on Friday, March 24.

According to Sgt. Russell Schnering, from the Manatee County Sheriff's Office, the second of two stolen vehicles, a Chevy Suburban, has been recovered in Hillsborough County. The first vehicle, an Audi, was recovered on U.S. 19 in Palmetto the day after the two vehicles went missing.

"An arrest was made in connection with the theft," Schnering said Monday morning. "Based on that arrest, our detectives are following up with the information."

According to Schnering, the suspect's name is Sebastian Remaley, and the 16-year-old was arrested on a felony charge of grand theft auto.

According to a spokesperson with the Hillsborough County Sheriff's Office, Remaley was arrested on Wednesday, March 29, and also charged with carrying a concealed weapon, possession of marijuana under 20 grams and two counts of possession of drug paraphernalia.

The spokesperson said Remaley has a criminal record that dates back to May 2016 and includes burglary, grand theft, grand theft auto, petty theft and possession of burglary tools.

The March 24 incident in Anna Maria involved two stolen vehicles and six other vehicles being burglarized. In addition to the two vehicles, the thieves made off with a loaded .45 caliber handgun, a Vera Bradley wallet containing cash, a restaurant apron containing cash and some loose change. According to Schnering, the stolen and burglarized vehicles were all left unlocked, and the keys were left in the vehicles stolen.

BRADENTON BEACH – Anybody who has worked construction or outdoors jobs should be familiar with the food truck that pulls up around lunchtime serving anything from burgers to burritos, hot dogs to chili.

The Anna Maria Chamber of Commerce is sponsoring a salute to those trucks on Saturday, April 8, from 10 a.m. to 10 p.m. with the Beach'N Food Truck and Music Festival at Coquina Beach, 2650 Gulf Drive S., just south of the Coquina Beach Café.

There will be arts and crafts, a lineup of local musical artists, a classic auto show and a fun kids' zone. Most of all, bring an appetite because the aroma emanating from the food trucks will have no mercy on a full belly.

Mike Sales will emcee the music for this free daylong event featuring Renegade, Dr. Dave, Whiskey Blind, SoulRcoaster and the Karen & Jimmy Band. There will be a dance area in front of the stage.

The food lineup is too large to describe and there will be, of course, refreshments for all ages, so bring your ID.

There is plenty of parking at the county's largest public beach or the Island trolley stops nearby and will run until 10:30 p.m.

For more information call the Chamber at 941-778-1541.

This year the Leadership Manatee Alumni will be presenting John Horne, owner of Anna Maria Oyster Bar, as its Distinguished Alumni of the Year, who will receive the Kent Schulz award.

According to a Leadership Manattee press release, this award was first given in 1996. Kent C. Schulz was a Leadership Alumnus who was always involved in the community and never hesitated to lend a hand. He understood the importance of paying it forward. Helping others was not something he had to think about. Making another's life better one day at a time, one project at a time and loving his family is what he lived for.

He lost his battle with cancer several years ago and as a tribute to his involvement in Manatee County, the Leadership Manatee Alumni Association created an award that is presented each year to a Leadership alumnus who has demonstrated outstanding service in the community and professional achievement.

Horne's wife, Amanda, was given the award in 2011. Leadership Manatee is a program under the Manatee Chamber of Commerce Foundation that offers leadership training to men and women in the business community.

HOLMES BEACH — Residents are done being quiet about noise issues in their neighborhoods.

During the March 30 commission work session, residents asked commissioners to reconsider how the city's noise ordinance is enforced and provide more relief for full-time residents living near short-term vacation rentals.

"Neighbors are leaving the Island because of noise issues," Kim Rash said.

Margie Motzer said she feels part of the disconnect between residents and responding police officers is the use of a decibel meter to determine whether or not someone is in violation of the noise ordinance.

"It doesn't truly reflect the problems, and it doesn't solve the issues," she said.

Motzer also said she feels the city is on a "slippery slope" with residents because continuous loud noises can cause hearing loss, creating a potential health problem.

"Please solve the problem," she said.

Residents aren't the only ones voicing concerns.

Commissioners Jean Peelen and Marvin Grossman both said they were concerned about the lack of enforcement by Holmes Beach Police officers during the day when residents call to complain about continuous loud noise from neighboring pool areas.

"I don't care if it's kids screaming or elephants screaming," Peelen said, "we have a decibel limit during the day."

The city's noise ordinance sets a maximum daytime decibel at 65 with a 50 limit after 10 p.m.

Code enforcement officer James Thomas said it's hard for officers to get a good reading during the day due to ambient noises such as traffic, lawn care equipment and other common noises.

"The decibel reading isn't the right application all the time," he said.

In addition to using the decibel meter, the ordinance lists seven criteria officers can use to determine if someone is in violation of the noise ordinance. Criteria include the volume, intensity and duration of the noise, proximity to residential sleeping quarters and whether the sound is usual or unusual.

Commissioner Carol Soustek said she would rather rely on the seven criteria versus the decibel meter.

"The human brain is a lot better than a machine," she said.

The ordinance also offers officers discretion whether or not to issue a ticket when someone is found in violation of the ordinance. The first ticket is $75 with fines increasing up to $750 for a fourth violation within a 365 day period.

Peelen suggested officers use the decibel meter, then move to the seven criteria, issuing a ticket if the complaint is found to be a violation.

HBPD Chief Bill Tokajer said one of the issues officers experience with the decibel meter is the way noise is distributed. With elevated homes, he said the noise can project similar to the way it does in an amphitheater, causing officers to get a different meter reading on the ground than if they were in the raised residence.

At residents' suggestion, commissioners asked Tokajer to instruct officers responding to a noise complaint to ask the complainant's permission to enter the property and experience the noise in the same way the resident does. They also asked officers to provide more daytime enforcement of the ordinance and create an informational handout for visitors to educate them on the city's regulations.

Tokajer agreed and committed to providing commissioners with a progress report at an upcoming meeting.