ANNA MARIA – The Center's financial struggles and the board's reluctance to fully disclose financial information were discussed at last week's City Commission meeting.

Commissioner Nancy Yetter serves as the commission's Center liaison, and she initiated the Thursday, June 22, discussion when giving her commissioner's report that pertained to her concerns about The Center and the new board of directors chaired by David Zaccagnino.

Her remarks were partially a result of the board meeting she attended the night before.

"I think we need to consider what we're going to do very carefully," she said regarding future city funding.

The city leases the property to The Center for $1 a year, and in the current fiscal year, the commission provided an additional $18,600 in taxpayer-funded support.

"It's not the city governments' responsibility to keep this community center solvent. If they can't do it, I suggest we get a private organization that can run a community center," Yetter said.

She also expressed concerns about Center staff and board members being asked to sign non-disclosure forms that prevent them from discussing financial matters with outside entities.

"They're saying they want to have more transparency. It's not happening. They don't feel they are part of the Sunshine Law requirements. I don't know why they have to have this shroud of secrecy," she said

"Having sat through these meetings for six years, I've lost hope," she concluded.

Commission reaction

Commission Chair Doug Copeland noted the commission already agreed to conduct a budget workshop this summer with Center officials regarding the level city support included in the 2017-18 fiscal year budget. Copeland said he needs open and honest dialogue with Center officials before he can support continued or increased city funding.

Commissioner Dale Woodland said complete and accurate financial information would be a good place to start. Commissioner Carol Charter said it was also important for Executive Director Kristin Lessig to be completely transparent regarding any expenses she incurs on the Center's behalf.

"Essentially the land is ours, and they pay no rent. I believe they have some obligation to be open with us about their financial situation," Carter said.

Copeland referenced a legal opinion provided in February 2016 by City Attorney Becky Vose that was prompted by an unfulfilled records request The Sun submitted to The Center. That request was later fulfilled due to Vose's belief that The Center must comply with state Sunshine Law. Her opinion cited the receipt of public funds that are co-mingled with other funds, and the Center operating on public property, as some of the determining factors.

"They're subject to the public records law," she reiterated Thursday.

Vose said another local news outlet recently requested The Center's financial records and was denied. As a result, a possible public records lawsuit has been threatened. Vose said Pat Gleason, special counsel for open government for the Florida Office of the Attorney General, has offered assistance in conducting a voluntary mediation session that would help clarify the Center's public records obligations. This would require the participation of the city, The Center and the media outlet – with the possible inclusion of additional media outlets. The commission authorized Vose to participate if the mediation is scheduled.

When contacted, Zaccagnino said he was aware of Vose's opinion, but the board still questioned whether "sensitive financial information" is public record.

"We are waiting on an attorney's opinion. When I get that opinion, I'll bring it to the board and have them vote on it," Zaccagnino said of the mediation and records requests.

When contacted Friday, Barbara Petersen, from the First Amendment Foundation, said she agreed with Vose's legal analysis.

Another perspective

Bradenton Beach Vice Mayor John Chappie serves as his city's Center liaison. He attended last week's board meeting and his perception differed from Yetter's.

"I think it's a little premature to make a statement on the new board," he said of Yetter's remarks, noting that the new board has only met once.

Chappie thought Zaccagnino did a good job of laying out the challenges, and the corrective measures needed. Chappie believes the financial records are public record and he intends to do all he can to assist The Center's continued operations.

BRADENTON BEACH – Local restaurant owner and businessman Ed Chiles is embarking on a new business endeavor – medical marijuana.

The Chiles Restaurant Group owns and operates the BeachHouse restaurant in Bradenton Beach, the Sandbar in Anna Maria and Mar Vista in Longboat Key. On Monday, the company's namesake discussed his latest business venture.

"My partner and I, Ted LaRoche, purchased a share in 3 Boys Farm in Ruskin in 2013. They were the first hydroponic grower in the country certified by the USDA. I was interested in it for the restaurants. They were growing beautiful lettuces, tomatoes, fruits and all kinds of things I could use, just like we did with Gamble Creek Farm. That's where I was coming from. When the first medical marijuana rule came down it was very specific, and there were only 40 or 50 people in the state that met that barrier, so it became something we had to look at. You had to have 30 years of continued ownership and you had to be growing 400,000 plants a year. 3 Boys Farm was ideally suited, so we decided to make an application and we were ultimately successful," he explained.

Chiles said he is a minority partner and he does not expect to play an active role in the growing and distribution operations.

Medicinal qualities

When asked why he supports medicinal marijuana, Chiles said, "I think there are a tremendous amount of people in Florida that want access to its medicinal qualities. People want access to a plant that doesn't have side effects like a lot of the other medicines do. Seventy-one percent of the people voted for it and there are a lot of people that want to try this to see if it helps.

"I realize people have different opinions on this, but this is about compassionate care. People deserve access. It's long overdue and 29 states have done it. We need to do it, understand it and see what it helps with. I believe in what we're doing," he said.

"It certainly would have helped my mother Rhea in the last three months of her life. I firmly believe that. She was in a lot of pain. At the time, I wished she would have had access to it to see if it helped with her appetite, her pain and getting her mind off things," he added.

Distribution

When it comes to distribution and dispensaries, Chiles and his partners are still waiting on the state to put in place the regulations that will govern this expanding industry.

Last week Gov. Rick Scott signed a bill into law that prohibits patients from smoking medical marijuana, but it allows for consumption using a vaporizer, which is basically the same thing. Orlando attorney and medical marijuana advocate John Morgan has already announced plans to challenge that aspect of the new law.

Chiles said there are currently eight or nine certified growers in the state and seven or eight more waiting in the wings. Once the new law takes effect, 3 Boys Farm plans to be growing within 30 days and harvesting in about four months.

Each licensed grower will be allowed up to 25 dispensaries statewide. All three Island cities have prohibited marijuana dispensaries, but Chiles is confident there will be at least a few in Manatee County operated by 3 Boys and/or their competitors.

In terms of economic development, Chiles said, "There's going to be a billion-dollars-plus industry grow up around this and that's going to create a lot of jobs. There will be people doing the growing, the dispensing, the distribution and providing security. Tomatoes are a $400 million industry in Florida and this is going to be three times that pretty quickly," he said.

ANNA MARIA – In advance of the Fourth of July weekend, the City Commission has adopted an emergency ordinance that strengthens existing city prohibitions on water scooters and other motorized watercraft at Bayfront Park.

Adopted at the Thursday, June 22 meeting, and to be replaced later by a permanent regular ordinance, emergency Watercraft Ordinance 17-831 prohibits the use of motorized vessels along the entire Bayfront Park shoreline. The emergency ordinance that is now in effect also eliminates the motorized watercraft access point that existed between the north jetty and the southeast end of the park. It also makes it illegal to swim in the Lake LaVista canal inlet and illegal to jump into the water from any bridge located within the city limits.

Violators found guilty of the emergency ordinance or its permanent replacement can be punished with a fine not to exceed $500, 60 days in jail, or both.

The need for an updated watercraft ordinance was previously discussed at the June 8 commission meeting. Sgt. Russell Schnering, from the Manatee County Sheriff's Office, said he was concerned about the high number of water scooters entering and exiting the Bayfront Park beach area during the Memorial Day weekend, when the water and the shoreline were heavily populated by swimmers and beachgoers. Schnering said he felt it was only a matter of time before a serious accident occurred, and he and the commission wanted to prevent that.

"Whereas the Fourth of July holiday is upcoming, which will result in a great influx of visitors to the city of Anna Maria, the City Commission finds that it must enact this ordinance prior to such upcoming holiday to protect the health, safety and welfare of the citizens and visitors," the emergency ordinance states.

During last week's meeting, Schnering expressed his support for the emergency and regular ordinances.

"It seems like there have been a lot more watercraft being used at Bayfront Park, and it seems like a good way to preserve that as a swimming area. Every holiday, there's more Jet Skis and more boats coming in and out.

"For the most part, everybody's following the rules about the no wake zone, but there's always that 10 percent that doesn't. If we eliminate the boats (and other watercraft) we don't have to worry about the risk of somebody getting run over," he said.

When Commissioner Brain Seymour asked about enforcement, Schnering smiled and said, "We'll do a lot of educating on the Fourth of July weekend."

In response to a question from Commissioner Nancy Yetter, Schnering said he was not aware of similar motorized watercraft concerns on the Gulf side of the city.

The commission also adopted on first reading the amended regular watercraft ordinance that will be subject to a second and final public reading on Thursday, July 13. After the regular ordinance is adopted by the commission and blessed by the state, notification buoys can be installed in the swimming areas that extend 300 feet from shore.

Additional signs might also be installed near the parking lot entrances where there is currently only one sign at the main entrance that informs park users that motorized vessels are prohibited.

Bayfront Park is located along North Bay Boulevard, northwest of the Anna Maria City Pier and the humpback bridge.

BRADENTON BEACH – The Sandbar restaurant at 200 Spring Ave. in Anna Maria will again provide a firsthand fireworks spectacular for its customers and a panoramic show for those up and down the beach on Tuesday, July 4, beginning shortly after dusk.

These are the only fireworks that are legal, and law enforcement agencies from the Island and the Manatee County Sheriff's Office will be out in force to make sure spectators are safe from the do-it-yourselfers who break the law. Those who do, face fines and having their bootleg fireworks seized and destroyed by authorities.

Parking will be at a premium in Anna Maria. Your best bet is to park somewhere else on the Island and take the trolley to the beach. Be aware that there will be a lot of people taking the trolleys, so try to get there early and be patient. Remember, it is illegal to consume alcohol on the beaches of Anna Maria Island. This is a family event, and police will do their best to make sure it stays that way.

Don't forget bug repellent and bottled water, and please use trash cans provided at the beach

As for the fireworks show, the Chiles Group depends on income from VIP party packages to pay for the show, and those VIPs will get their money's worth, including an array of delicacies prepared by the restaurant's culinary team, open bar, party favors, valet parking and a private area to view the fireworks. Tickets are $140 for adults and $50 for kids. Reservations for the VIP Party are required, and seating is limited. Seating in the restaurant is available on a first come, first serve basis. Firework shows are weather permitting. There are no refunds for inclement weather.

To purchase a party package ticket, contact Chiles Group Special Events Director Jamie Kissell at 941-778-8709 or jkissell@chilesgroup.com. For more information, call 941-778-8705 or visit www.islanddining.com.

With the July 4 holiday landing on a Tuesday this year, many Islanders are wondering what will happen to their trash pick-up schedules.

Fear not, all three Island cities have a plan to help keep the trash, yard waste and recycling from piling up over the holiday weekend.

In Anna Maria, Waste Management will be providing regular service to residential customers on Monday, July 3. Service will suspend July 4, starting up again on Wednesday, July 5. Residential customers with regular pick-up Tuesday through Friday will experience a one day delay with regular service resuming Monday, July 10.

Beach end pick-ups are expected over the weekend with normal service on Monday and resuming on Wednesday.

In Holmes Beach, Waste Pro will be taking care of customers with regular service on Monday, no service on July 4 and one day delayed service to residential customers beginning on Wednesday, July 5. Normal residential service will return beginning Monday, July 10.

Anyone who lives near a beach end may hear trash trucks on Sunday, July 2, as beach end trash pick-ups are scheduled for Saturday and Sunday over the holiday weekend.

Waste Pro will be delivering the same type of services in Bradenton Beach with additional beach end pick-ups as-needed over the weekend. Residential service will remain on the normal schedule Monday, July 3. No service will be available on July 4. Residential customers will experience a one day delay in pick-ups Tuesday through Saturday. Normal service resumes on Monday, July 10.

For more information about holiday pick-ups, contact Waste Management in Anna Maria at 941-753-7591 or call Waste Pro at 941-355-9600 for service in Holmes Beach and Bradenton Beach.

BRADENTON – The next two public hearing reviews of Carlos Beruff's Aqua by the Bay will both take place in August.

Having been provided additional information by the developers, as requested by the Manatee County Commission, the Manatee County Planning Commission will conduct its second review of the controversial development on Thursday, Aug. 10. The Planning Commission review had been tentatively scheduled for July 13.

The County Commission will then review the revised general development plan and rezoning request as previously scheduled on Thursday, Aug. 16. Both meetings will allow for public input.

The pending reviews will be based on more detailed information obtained from the development team that specifies the number and location of high-rise buildings in an area currently zoned for a maximum height limit of 35 feet. The developers need the County Commission's permission to exceed the existing height limit.

A June 7 memo Manatee County staff received from King Engineering Associates states the Aqua by the Bay development team is committed to a maximum of four 145-foot tall condominium buildings and a maximum of 12 95-foot tall condominium buildings, with the number of 95-foot high-rises to be determined by market conditions. The developers also provided county staff with additional details on the setback distances from the bay and between buildings. The developers stated the 145-foot buildings, if approved, would be located in the center of the property.

The Aug. 10 Planning Commission review will provide those members with their first opportunity to discuss a proposed man-made Crystal Lagoon water feature. It will also allow for additional discussion on the previously discussed man-made estuary enhancement area and concrete retaining wall.

The development property formerly known as Long Bar Pointe is located in southwest unincorporated Manatee County between El Conquistador Parkway and Sarasota Bay. In recent months, much of the property has been cleared for development and the preliminary site work continues.

ANNA MARIA — The Center of Anna Maria Island is seeking to solve its financial problems.

One of the ways The Center is helping itself is by dipping into its endowment fund to provide a short-term solution to operating capital deficits and build operating reserves for the future.

New board Chair David Zaccagnino said the endowment fund was created by generous donors in a time when The Center had plenty income and a large amount of reserves. Now that the reserves are depleted and income levels are lower, the board made the decision, with the blessing of the original donors, to close one half of the endowment fund.

Zaccagnino said the organization is using $100,000 from the unrestricted half of the fund to help cover some operating costs and income losses. The other $133,000 in the unrestricted fund was withdrawn and the account closed with the hope of utilizing the funds to begin building reserves for the Center.

Executive Director Kristen Lessig said it's common for nonprofit organizations similar to The Center to first build reserves and then create an endowment fund, a process she and Zaccagnino hope will help the organization along the road back to financial health.

Both said the remaining endowment fund account, a restricted account designed to help partially fund the Center with dividend payouts, is untouched with a balance of about $266,000.

Center board Treasurer Jim Froeschle said the dispersals from the restricted endowment fund are being treated as cash liquidity and are not included in The Center's overall revenue budget for the year. To help keep track of how the funds are used, Froeschle said he's created an analysis report that can located the money in the Center's financial system down to the dollar.

"We're keeping an eye on the ball," he said. "We take cash infusions from the reserves very seriously."

ANNA MARIA — The Center of Anna Maria Island's 2017-18 budget process is underway, and board Chair David Zaccagnino hopes the numbers will reflect the organization's commitment to the community.

Zaccagnino presided over his first meeting as chair June 21, presenting the Center's current financial state along with his hopes for the future of the nonprofit.

Following up on a hope expressed by former board Chair Patty McBean, Zaccagnino said he had committed to going through the Center's finances line by line, paying particular attention to any irregularities and places where the organization can potentially cut costs.

According to Center Treasurer Jim Froeschle, the organization is operating at expected expense levels, the issue with the finances comes in the amount of revenue it's receiving from donors, the three Island cities and Manatee County.

Zaccagnino said he has gone through the Center's four credit card statements, all with a combined total of $525, and is working his way through the rest of the financial statements. He met the morning of June 21 with former chair Bill Shuman, who is currently a board member, to go over his findings.

Zaccagnino said McBean was invited to the meeting, but did not attend.

Board membership

McBean, along with Sam Pakbaz, Margie Shard, Frank Agnelli and Ed Chiles all resigned from the Center's board following the outfall of an emergency meeting held June 19 when Shuman resigned. McBean was promoted from vice chair and then quickly replaced with Zaccagnino in a 10 to 4 vote held by email and confirmed at the June 21 meeting.

While most, Zaccagnino said, resigned from the board because of added pressure from the community, Chiles resigned due to a new business venture. The resignations bring the board members numbers down to 10 total. The maximum number allowed under the Center's current bylaws is 17 board members.

Committees

Zaccagnino said the board is in the midst of forming two committees.

One is a human resources committee to study employee compensation and benefits. The committee also will advise Lessig on best employee practices and develop a set of benefit rules "so everyone is treated the same." Zaccagnino says he hopes the new direction will reduce turnover, even if the Center is not financially able to be monetarily competitive with similar organizations in nearby municipalities.

The second committee is a financial review committee to help keep the Center's revenue and spending in check. Though Zaccagnino invited all three Island cities to assign a representative to participate on the committee, he did stress that anyone viewing the Center's financial statements would have to sign a nondisclosure agreement, something Holmes Beach Commissioner Carol Soustek doesn't think city officials can agree to.

Soustek said agreeing to a nondisclosure could be a conflict for commissioners who serve as liaisons to the Center because of their charge to report findings back to their respective city commissions.

Bradenton Beach Commissioner John Chappie said he appreciated "the openness of what you're talking about today."

Zaccagnino said he's primarily concerned with "getting the train back on the rails."

Financials

Froeschle reported the Center's May financial results were $18,800 in the black during a typically slow month. The numbers were helped by donations from the cities of Holmes Beach and Anna Maria toward the Center's youth program, which left that area $15,100 in the black. That area along with $35,000 after expenses in fundraising resulted in the positive May number.

To date, the Center is still negative $226,300 with an expected loss of $230,000 to $240,000 by the June 30 end of the fiscal year, according to Froeschle.

Going forward, Froeschle said the organization's strategy is to focus on membership revenue, investing in its programs and building new revenue streams, which has been an issue for the nonprofit in the past.

Part of the Center's plan is developing a new generation of donors. The problem with that segment of the plan, Froeschle said, is the new generation of Islanders may not have any historic ties to the Center so reaching out to them may be more difficult.

Transparency and the budget

Both Froeschle and Zaccagnino say they want to increase the transparency behind Center operations to help the community and city leaders feel more comfortable with the nonprofit.

Part of that transparency is hosting monthly open board meetings. Another part is creating a budget that helps the Center adapt to its current circumstances while still remaining in the community for current and future generations.

"The budget is taking priority over expense oversight, but we're starting the process," Shuman said.

Lessig identified several areas where the Center can save funds in the coming fiscal year, which begins July 1. One is in non-recurring investments including staff conferences and training, marketing and promotion investments and professional fees. Those program areas, Lessig estimates, can be cut to save the Center around $27,500 in the coming year.

Lessig also seeks to renegotiate some of the organization's service contracts to save between $15,000 and $23,000 in the new fiscal year. She also is looking at expanding the Center's partnership opportunities with local organizations and businesses, along with advertising facility rentals and seeking grant opportunities.

Though the budget won't be ready for the July 1 first day of the new fiscal year, a detailed version was planned to be collected by the Center's accountant, condensed and delivered to Lessig by June 26 for review. A closed meeting of Lessig and other board members is scheduled to be held June 28 to review the budget. A full presentation of the budget from program directors and a board vote is scheduled for 6 p.m. Wednesday, July 19, at the Center, 407 Magnolia Ave., Anna Maria.