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Year: 2020

Anna Maria prepares to impose impact fees

Anna Maria prepares to impose impact fees

ANNA MARIA – Developers can expect to soon pay impact fees when building new structures or increasing the size of existing structures in Anna Maria.

On Thursday, Aug. 27, Anna Maria City Commissioners will be presented with the second and final reading of Ordinance 20-871, an ordinance that will establish the impact fees previously discussed on first reading on Aug. 13.

According to the ordinance, the intent is “to ensure that new development pays its proportionate share of the anticipated costs of public facilities necessary to provide parks and recreation and roads and mobility protection for the new development.”

According to the ordinance, “The city of Anna Maria parks and recreation impact fees shall only be paid for residential development or increase in size of residential property and shall be assessed at the rate of $1.15 per square foot of interior building space.”

The parks and recreation impact fees will apply equally to new residential structures built for use as family residences and those built for use as vacation rentals.

“The city of Anna Maria roads and mobility impact fees shall be paid for all new development of any kind, or any increase in building size, and shall be assessed at the rate of $0.73 per square foot of interior building space,” according to the ordinance.

When applicable, the two impact fees combined total $1.88 per square foot of interior building space. At those rates, the impact fees for a new single-family home with 5,000 square feet of interior building space would be $9,400. The impact fees for a commercial or other type of non-residential building with 5,000 square feet of interior building space would be $3,650.

Impact fees will not be assessed on existing residential or non-residential structures unless the interior building space is increased.

The impact fees shall be paid when the building permit is issued or at another time specifically provided for in a developer’s agreement with the city.

The ordinance notes the city retained Raftelis Financial Consultants to prepare an impact fee study to determine the proportionate demand that new development generates for additional parks and recreation and road and mobility improvements.

“It has been determined that impact fees are necessary to offset the costs associated with meeting future demands. The impact fees bear a reasonable relationship to the burden imposed upon the city to provide parks and recreation and roads and mobility facilities to new city residents. An essential nexus exists between projected new development and the need for additional parks and recreation and roads and mobility facilities to be funded with impact fees,” the ordinance states.

“The decisions of the city commission as set forth herein are reasonable and prudent steps pertaining to sound growth management, which have been taken for the benefit of the citizens of the city, both present and future,” the ordinance notes.

The ordinance states separate capital fund accounts will be established for the two different impact fees. The monies deposited into each impact fee capital fund account shall be used solely for the purposes set forth in the ordinance and shall not be used for any expenditure that would be classified as an operational, maintenance, repair or replacement expense.

The impact fee ordinance will become effective 90 days after its adoption. If adopted Thursday as anticipated, future development will be subjected to impact fees beginning in late November.

Thursday’s city commission meeting will begin immediately after the 5:30 p.m. budget meeting and public input on the proposed impact fees will be accepted.

Proposed minimum wage increase would impact local restaurants

Proposed minimum wage increase would impact local restaurants

MANATEE COUNTY – In November, Florida voters will determine whether the mandatory minimum wage is raised to $10 an hour in 2021 and to $15 in 2026.

Anna Maria Oyster Bar (AMOB) founder and President John Horne opposes the proposed mandatory wage increase and he shared his concerns while serving as a panelist for Thursday’s “Amendment 2 Hurts You” virtual press conference.

“This mandatory wage increase is bad for business. And if it’s bad for my business, it’s bad for my employees,” Horne said.

Initiated by the Florida For a Fair Wage committee chaired by attorney John Morgan, the mandatory minimum wage increase is proposed as an amendment to the Florida Constitution.

If supported by at least 60% of Florida voters, Amendment 2 would raise Florida’s minimum wage to $10 per hour in 2021 and continue to increase $1 per hour each year until it reaches $15 per hour in 2026. After that, the minimum wage would continue to increase according to the annual rate of inflation.

“Florida needs to pass the Fair Wage Amendment to ensure that all hard-working Floridians can receive a living wage. The ‘living wage’ is the minimum cost that covers the basic needs of an individual and the needs of their family without government assistance,” according to the Florida For a Fair Wage website.

Proposed minimum wage increase would impact local restaurants

“Florida’s minimum wage of $8.56 – or $17,600 per year – for a full-time employee is not a livable wage for many of the 200,000 hard-working Floridians that earn it, especially those working to support a family. As most Floridians know, the cost of living in our state is higher than the national average, particularly when it comes to housing and transportation costs,” the website notes.

Amendment 2 Hurts You

Florida Restaurant and Lodging Association President and CEO Carol Dover hosted the Aug. 20 press conference conducted via Zoom videoconferencing.

Dover said the mandatory wage increase would be a “job-killer” for Florida’s economy and eventually increase the current minimum wage by 77%. She said this would result in lost jobs, lost benefits and the increased use of automated ordering at restaurants.

Proposed minimum wage increase would impact local restaurants
Carol Dover and Simone Barron also participated in the Aug. 20 virtual press conference. – Submitted

Dover referenced other cities and states that adopted mandatory minimum wage increases, including San Francisco, Chicago, Seattle and the state of Washington.

“It has destroyed the industries in those states,” Dover said when claiming those wage mandates resulted in many small businesses going out of business.

Dover introduced panelist Simone Barron as someone who’s experienced mandatory wage increases first-hand. Barron said she’s worked in the service industry for nearly 35 years and has worked as a tipped employee in Seattle for the past 18 years. She also co-founded the Seattle-based Full Service Workers Alliance.

In 2014, the Seattle City Council adopted a minimum wage increase that took effect in 2015 at $10 an hour.

According to www.minimum-wage.org, Seattle’s mandatory minimum wage is currently $15.75 an hour for a company with 500 or fewer employees, which is $2.25 higher than the state of Washington’s $13.50 minimum hourly wage. Seattle’s mandatory minimum wage is $13.50 an hour for employees who earn at least $2.25 an hour in tips.

Barron said she originally supported the mandatory wage increases.

“Who wouldn’t want to make $15 an hour, plus tips? We were already making close to $10 an hour, plus tips, and now we were going to get a big raise. I was really for it, but soon after it was implemented we started seeing the negative consequences,” she said.

Barron said customers immediately stopped tipping or tipping well because they assumed servers were already reaping the benefits of the wage increase. She said employers reduced or eliminated the support staffs that include bussers, hosts, food runners and barbacks and the pay model for tipped workers changed.

“My employer got rid of tipping altogether and implemented a 20% service charge, of which I got a small percentage as a commission. Not only was I making less money, I suddenly didn’t have an opportunity to maximize my income. I could only make that small percentage instead of really working a table and going for a large tip,” Barron said.

“After that, we got the loss of hours. Suddenly we weren’t going to work a full shift. The schedule started to shorten,” she added.

Barron said she took a second job and had to work six days a week instead of four to earn what she was accustomed to earning.

“Please take a look at this proposition and really think about how it’s going to impact your job. If I could go back, I wouldn’t have supported it,” she said.

Horne’s concerns

Speaking next, Horne said, “Two-thirds of my employees are tipped employees. They’re earning two to three times more than minimum wage currently. I’ll be cutting hours, I’ll be cutting shifts, I’ll be raising prices. It’s a really vicious spiral.”

Horne noted the wage increase is being proposed when the restaurant industry is already being devastated by the COVID pandemic.

He also worries that increasing prices to offset increased wages could result in retirees and others on fixed incomes eating out less.

“I’m not going to need the number of servers I have now,” Horne said. “I know the large companies can absorb this, but a small business like mine will be crushed. I want to urge all the voters to please vote no on Amendment 2.”

Proposed minimum wage increase would impact local restaurants

During press inquiries, Horne was asked about the potential impact the mandatory wage increase would have on Anna Maria Island and Bradenton restaurants.

“It’s going to affect every restaurant in Florida,” he said.

Horne has four AMOB restaurants, including one in Bradenton Beach. He said if Amendment 2 passes, the payroll at just one of his restaurants will immediately increase $2,600 per week.

“It’ll go up $138,000 the first year. When we get to $15 an hour, I’ll be paying an additional $600,000 in labor – that’s a lot of price increases to cover labor and that’s just tipped employees. That has nothing to do with my hourly people in the kitchens that are already being paid $13-$17 an hour,” Horne said.

“What about youth labor, the people on their first job? Minimum wage is not head of the household income. Minimum wage is starting wage. I’ve got three or four high school students working my front door. If the minimum wage is $15, am I going to be able to afford $45-$60 an hour to have someone greeting you to the Anna Maria Oyster Bar? Absolutely not,” Horne said.

“It hasn’t been thought out completely. It doesn’t take into consideration what the tipped employees get. It will cut jobs,” Horne said of the proposed amendment.

City leaders, resort owner face off in court

City leaders, resort owner face off in court

MANATEE COUNTY – A disagreement between Holmes Beach city leaders and the ownership at the Bali Hai Beach Resort has escalated, resulting in two hearings held the week of Aug. 17.

On Aug. 19, two issues involving the Bali Hai were brought before city special magistrate and attorney Michael Connelly for review. The first was construction work done without a permit and in violation of a stop-work order. The second was alcohol sales on the premises without an approved site plan. Arguments on those same issues came before Manatee County Judge Charles Sniffen during a hearing Aug. 21 on the city’s complaint for injunctive relief and motion to compel the defendant, Bali Hai JV LLC, to respond to the city’s complaint.

In the Aug. 21 court hearing, Sniffen ruled that the hotel’s ownership has five business days, until Aug. 28, to respond to the city’s complaint. The city’s motion for an injunction, to stop occupancy of and business in a small two-story accessory building on the property, was continued to a future date as the questioning of witnesses and presentation of evidence went over the time limit allowed.

Attorney Erica Aguello, speaking on behalf of the city, said that city leaders are seeking an injunction to stop alcohol sales on the property without an approved site plan and stop occupancy of the building until permits can be secured and work completed on the second floor of the building.

The Bali Hai is currently owned by Bali Hai JV LLC, a Florida limited liability company that lists law firm Najmy Thompson P. L. as the registered agent and local developer Shawn Kaleta as the manager of the LLC. During the hearing, attorneys for the defense acknowledged Kaleta as the owner of the hotel.

The city’s issues with the Bali Hai began in late January, according to evidence submitted by the city. During the evidentiary hearing, Building Official Neal Schwartz said that he was called out to the site Jan. 24 by code compliance Officer James Thomas to investigate work being done on the accessory building without a permit.

A photo taken in January shows the partially demolished state of the upstairs section of a two-story accessory building at the Bali Hai. – Submitted

Schwartz said the first issue he noted was that railings were being replaced on the second floor of the accessory building without a permit or city approval of the railing material to make sure it meets Florida Building Code standards.

Upon further inspection, Schwartz said that part of the upstairs of the building had been gutted down to the studs without permits and that office workers were occupying another area while work was going on, also in violation of building codes. Since it was now a life safety concern, he said that West Manatee Fire Rescue Fire Marshal Rodney Kwiatkowski was called out to the scene and ordered the second-floor egress onto the balcony to be boarded up and the office workers to evacuate the building.

Meanwhile, Schwartz issued a stop-work order on the accessory building until permits could be granted for the work being done. He said that at the time, the bottom floor of the building was being used as a storage room. Schwartz said he did later give property management permission to paint the walls and the floors of the downstairs room since that type of work would not require a permit.

This photo, submitted into evidence during an Aug. 21 hearing, shows the state of the lower floor of the accessory building, seemingly being used for storage in late January. – Submitted

When Schwartz and Thomas returned to the property in March, Schwartz said that there was a significant change in the downstairs area, primarily that it appeared to have been renovated and was in use as a bar and lounge area with an adjacent storage area in the back.

While having an onsite bar, restaurant or lounge is an approved accessory use in Holmes Beach for a hotel, it is required that the hotel’s owners submit a new site plan for approval by the city before any alcohol sales take place on the property.

While Schwartz admitted that some of the work done on the bottom floor of the accessory building, such as painting and installing shelves, didn’t require a permit under cross-examination from attorney Jason Miller, speaking on behalf of the owner, he said some of the work, such as remodeling bathrooms, did require a permit and was done in violation of a stop-work order.

Miller argued that the work done in the accessory building didn’t require permits and that the issues between the resort owner and the city were the result of several miscommunications on behalf of the city’s representatives.

When code compliance officers revisited the property in March, they noticed a large change in the bottom floor of the accessory building, primarily that work had been done without consulting the city and that it was now open as a bar and lounge. – Submitted

When the court hearing continues, Sniffen will hear more from Schwartz along with testimony from City Planner Bill Brisson as well as witnesses for the defense. As of press time for The Sun, the continuation of the hearing had not yet been scheduled.

Many of the same points were put before Connelly during the Aug. 19 special magistrate hearing. Connelly ruled that the property owner had 30 days from the hearing date to obtain permits and start renovations on the top floor of the building as well as 30 days to obtain a site plan approval from the city. He did not address whether or not service in the bar/lounge area was required to stop until compliance with city and Florida building codes was achieved.

Related coverage

 

Special magistrate rules on seven code issues

 

County judge leaves Holmes Beach case

 

Lawsuit filed against fire department

Adult soccer season ending

Adult soccer season ending

Losses by Ross Built Construction, Sato Real Estate and Solid Rock Construction, along with a shutout by Beach Bums, puts all four teams on the top of the leader board with a week left in the regular season. Each team goes into week eight of play with a 4-3 record.

The first two games of the night were an offensive blowout by Signature Granite and Vintage Beach, each with 10 goals in their respective games.

Zack Lieb had the hot foot for Signature Granite with four goals. Vintage Beach’s Clancy Vaugh put up four points for her team in the 7 p.m. game against Solid Rock.

Solid Rock’s Chris Culhane and Darrin Wash each had two goals in the loss against the current fifth-seeded Vintage Beach.

In the 4-0 win against Blalock Walters, Beach Bum’s Kevin Roman scored twice, while teammates Yuri Pereira and Connor Haughey each had solo goals of their own.

Despite the four collective goals by Ross Built’s Garrett Furman, Tyler Pullen and Jake Ross, the team could not outscore the Moss Builders squad.

Brent Moss shot two successful strikes in the game with an additional score by cousin Ryan Moss for team Moss Builders.

Two goals were made by Aaron Parkin, along with a single by Danny Anderson for the Moss Builders win.

The nine goalkeepers to hit the field made 60 total saves last Thursday night. R. Moss leads the league in saves with 59.

Sato Real Estate’s Steve Oelfke has 57 saves, including the eight that he is credited with in the game against Signature Granite.

Mark Long, keeper for Solid Rock Construction, rounds out the top three with 48 total saves so far in the season. Long had nine saves last Thursday night.

With one more regular season week of play, wins for each team are critical in determining the ranking going into the first week of playoff competition.

Sun Scoreboard

 Thursday, Aug. 20
Adult Co-Ed Soccer

 

Signature Granite (3-4) 10

Sato Real Estate (4-3) 2

 

Solid Rock Construction (4-3) 5

Vintage Beach (3-3-2) 10

 

Blalock Walters (2-3-2) 0

Beach Bums (4-3) 4

 

Ross Built Construction (4-3) 4

Moss Builders (3-3-1) 6

 

Gulfview Windows (2-4-1) bye week

Holmes Beach logo OLD

Special magistrate rules on seven code issues

HOLMES BEACH – Attorney Michael Connelly had his hands full on Aug. 19 when he reprised his role as the city’s special magistrate, hearing seven code compliance hearings in one day.

The first case involved cabanas, wood decking and electrical work at the recently renovated Anna Maria Beach Resort, 6306 Gulf Drive, formerly known as the Blue Water Resort. Code Compliance Supervisor James Thomas presented evidence, along with Building Official Neal Schwartz, that there were no permits filed or issued for the poolside cabanas, the electrical work or the wood decking by the pool. Speaking on behalf of the owner, attorney Aaron Thomas said that his client was attempting to work with the city to correct the issues. Connelly ruled that there was a violation on the wood decking and electrical work and gave the owners 21 business days to provide requested supplementary data. The city has 10 days after that to review the data and determine the next steps, if permits can be issued or if a full site plan review needs to take place. Joseph Varner, of Anna Maria Vacations in Holmes Beach, is listed as the Blue Water Resort AMI LLC’s manager by the Florida Division of Corporations.

The second case involved a home owned by 305 73rd LLC at 305 73rd St. that had been tagged as a dilapidated and unsafe structure. Developer Shawn Kaleta is listed as manager. Thomas said the first notice of violation was posted at the home, which was then open to the elements in a state of construction with an overgrown yard and building materials scattered across the property.

Thomas said it took until Aug. 3 for the structure to be boarded up against intrusion and it was the city that hired the contractor to complete the work. Schwartz said that before the property was seemingly abandoned, there was an active permit to replace the roof, but that construction had clearly gone beyond the scope of work with the entire building gutted. He issued a stop-work order on the property and has been working with the contractor on the project, whom Schwartz said has neglected to turn in proper paperwork to have the stop-work order removed.

Special magistrate rules on seven code issues
Attorney Michael Connelly serves as the Holmes Beach special magistrate during a series of code compliance hearings Aug. 19. – Submitted | Sun

Connelly ruled that the property owner has 30 days from the date of the hearing to obtain a permit and begin either rehabilitation or demolition of the structure. He also ordered a fine of $250 per day beginning on Aug. 19 and that the owner pay $127.24 in administrative costs.

Two cases were heard in one hearing, both of them involving the Bali Hai Beach Resort, 6900 Gulf Drive. The first case involved work being done on a small building on the property without a permit and the second for alcohol sales on the premises without an approved site plan. Connelly ruled that there was a change in use on the property without an approved site plan and that work was done without a permit and construction work was done with an outstanding stop-work order issued.

Connelly gave Shawn Kaleta, listed as manager of Bali Hai JV LLC, 30 days to obtain permits and start construction on the property and 30 days to obtain the necessary site plan approvals. He ordered Kaleta to pay $127.24 in administrative fees for both cases and said he would schedule a hearing to impose fines once the structure is brought into compliance.

Kaleta came under fire again in the final three hearings, which were combined into a single hearing. The property in question this time was The Anna Maria Island Inn, previously known as the Pirate’s Den, at 3501 Gulf Drive. The code issues Thomas said he found with the business include renting vacation rental units without vacation rental certificates (VRC), work done without permits and a zoning violation for renting units daily in an R-4 zone, where rentals must be seven days or more.

Part of the case presented by the city involved two bottom floor units that Schwartz said were constructed in a previous storage area without permits and below allowable elevation for the area under the Florida Building Code for the time when the building was first erected.

The attorney for the owner, Louis Najmy, argued that the property was purchased during the COVID-19 pandemic and that the two bottom floor units were already in place and that the property has a history of renting units for a single night. He added that the rentals are taking place with VRCs in place, but that the VRCs aren’t in the current owner’s name. He said that the bottom two units have ceased to be rented until an agreement could be reached with the city but that the remaining units have guests and future reservations.

Connelly ruled that there were multiple violations on the property and ordered that the signage and advertising be changed to remove the daily rental option. He also gave 30 days for the owner to obtain permits, complete work for A/C units that were installed incorrectly, and remediate the bottom units, returning the area to storage space. He ordered the owner to pay $127.24 per case but no fines unless the property isn’t brought into compliance within the specified amount of time. He also ordered that the remaining units cannot be rented until new VRCs can be obtained in the current owner’s name. The VRCs cannot be issued by the city until the property is brought into compliance and the stop-work order issued for the A/C units and plumbing work done without a permit is removed through proper permitting.

Related coverage

 

County judge leaves Holmes Beach case

 

Special magistrate hears code cases

 

Lawsuit filed against fire department

Bradenton Beach confirms COVID-positive employee

BRADENTON BEACH – The city of Bradenton Beach has confirmed that at least one city employee has tested positive for COVID-19.

City Clerk Terri Sanclemente said the city will not identify the employee or confirm other cases in an Aug. 20 email response to an inquiry by The Sun.

“As you are aware, we are a very small city and have to protect the citizens’ and employees’ rights at all costs. With that being said, we have had an employee test positive for the COVID-19 virus. The city does not disclose how many or the names of the impacted individuals,” Sanclemente’s email said.

“The city has implemented protocols in our workplace to help protect both its citizens and employees. There is a checklist that is done every day, and employees are taking temperatures as well as any citizens. We have signs stating you must wear a mask when entering city hall and sanitizing stations at the front and rear entrance, along with sanitizing wipes, hand sanitizer and Gamma-MENE spray,” Sanclemente’s email said.

“We are also following the CDC’s guidelines. We are doing our very best to keep everyone’s rights protected and not trying to violate any state or federal laws when replying to questions like yours,” Sanclemente wrote in her response to The Sun.

“Please see the attached policy we have applied historically in the city, and the mayor provides clarification as needed,” her email concluded.

The policy Sanclemente provided is a copy of a 2009 city resolution that pertains to communicable diseases and references the H1N1 virus.

“The supervisor or mayor, after consultation, may order a city board or committee member, city volunteer, independent contractor or employee home if that person reports or shows signs or symptoms of a communicable disease. Persons sent home pursuant to this resolution will not be allowed to return to city facilities or work until they are able to furnish proof or certification from an individual or facility duly licensed to practice medicine that there is no threat of a communicable disease,” the resolution states.

“Employees sent home pursuant to this resolution shall use sick leave time until it is exhausted and then they may use vacation and/or personal days,” the resolution states.

“The supervisor or mayor shall take all necessary measures to ensure that all city facilities exposed to a communicable disease are cleaned and disinfected,” the resolution states.

When a positive COVID-19 test result occurs, that result is reported in association with the tested person’s home zip code and it is not attributed to the person’s workplace or the location where the test occurred.

COVID-19 Data

According to the Florida Division of Emergency Management’s Saturday, Aug. 22 daily COVID-19 data report, 27 positive COVID-19 cases had been reported in Bradenton Beach since the local pandemic began in March.

According to Saturday’s report, there had been 18 reported cases in Holmes Beach, three in Anna Maria, three in Cortez, 6,849 in Bradenton and 10,014 reported cases in Manatee County.

According to the Florida Department of Health (FDOH) COVID-19 Data Dashboard, an additional 109 non-county residents have tested positive.

Bradenton Beach confirms at least one COVID-positive employee
This graphic illustrates the reported COVID-19 cases, hospitalizations and deaths as of Saturday. – FDOH COVID-19 Dashboard | Submitted

According to the COVID-19 Dashboard, 705 people have been hospitalized in Manatee County with COVID-19 since the pandemic began. According to the FDOH daily update, 43 individuals were currently hospitalized in Manatee County with a primary diagnosis of COVID-19 as of Saturday evening.

According to the FDOH Dashboard, 248 people have died in Manatee County with COVID-19, with 117 (47%) of those deaths attributed to residents or employees of nursing homes, assisted living facilities and other long-term care facilities.

Bradenton Beach confirms at least one COVID-positive employee
This graphic illustrates a recent downward trend in COVID-19 cases in Manatee County. – FDOH COVID-19 Dashboard | Submitted

From Saturday, Aug. 15 to Friday, Aug. 21, 455 new positive COVID-19 cases were reported in Manatee County. Since Aug. 1, the number of daily reported cases has declined or held steady and there have not been significant daily increases similar to those in July.

As of Saturday, the overall percent positive of all those tested in Manatee County was 11%; the percent positive of those tested the prior day was 3.82%.

Former Mayor Bill Shearon passes away

Former Mayor Bill Shearon loses life to cancer

BRADENTON BEACH – Former Bradenton Beach Mayor Bill Shearon lost his life Thursday evening to cancer.

After serving as a Planning and Zoning Board member and a city commissioner, Shearon was elected mayor when he defeated incumbent Mayor John Shaughnessy in the 2013 city elections.

Shearon’s signature accomplishment as mayor was guiding the construction of the $1.4 million Bridge Street Pier completed in early 2015 and co-funded by Manatee County.

Former Mayor Bill Shearon passes away
On Jan. 23, 2015, Mayor Bill Shearon presided over the opening of the new Bridge Street Pier with Commissioner Janie Robertson standing nearby. – Joe Hendricks | Sun

Shearon and Police Chief and Pier Team Facilitator Sam Speciale worked together on the pier replacement project and later envisioned the new floating dock that now sits next to the pier.

While in office, Shearon had some favorite sayings that included, “It is what it is.”

When Shearon and the other commission members disagreed and couldn’t find common ground, Shearon often said, “We just agree differently on things.”

When describing a challenging or labor-intensive effort, Shearon often said, “It’s like eating an elephant: one bite at a time.”

During Shearon’s first term in office, Commissioner Janie Robertson was his most reliable commission ally, but the mayor frequently lacked the majority support of the commission as a whole. This hindered Shearon’s ability to pursue projects he believed beneficial to the city, including his long-desired, never-realized goal of establishing a managed mooring field south of the pier. He also proposed a never-pursued parking garage as a companion project to a mooring field.

Toward the end of his second year in office, Bradenton Beach voters removed Shearon from office and replaced him with Vice Mayor Jack Clarke as a result of the May 19, 2015 recall election.

Undaunted by the recall results, Shearon sought to reclaim the mayor’s seat in the general election later that year that resulted in he and Clarke receiving the exact same number of votes. After a recount produced the same results the following day, Manatee County Supervisor of Elections Mike Bennett asked Clarke and Shearon to draw playing cards to determine the race winner.

Former Mayor Bill Shearon passes away
On Nov. 4, 2015, Bill Shearon drew the ace of clubs that won him a second term as Bradenton Beach mayor. – Joe Hendricks | Sun

In that now-infamous tie-breaker, Shearon drew an ace of clubs to best the 10 of clubs Clarke drew. Shearon then served a full two-year term as mayor before being defeated by former mayor John Chappie in the 2017 city elections.

During his second term in office, Shearon supported and had the support of the residents who would form the Concerned Neighbors of Bradenton Beach (CNOBB) neighborhood group in 2017.

During and after his time as mayor, Shearon, who was legally blind, enjoyed his daily walks around the city with his faithful guide dog, Reece.

Shearon is survived by his longtime life partner Tjet Martin. In addition to assisting Shearon with his visual challenges, Martin oversees the operations of the Linger Longer resort that also served as the couple’s beachfront home.

Reflections from others

County Commissioner Carol Whitmore had this to say about the late mayor: “Bill was a friend to my husband and I. I knew Bill as a patient of my husband’s and we later worked together in Island politics, which is always interesting. He was a good guy who loved his city and loved life. Bill accomplished a lot with his disability. I learned so much about the value of working dogs and blindness. I will miss the fiery redhead who had a passion that many found hard to understand. My thoughts and prayers are with the love of his life, Tjet Martin, and with his family.”

Lt. John Cosby, from the Bradenton Beach Police Department, said, “Bill had a good sense of humor and he definitely liked to do things his own way.”

Speciale said, “It was tough sometimes to work for Mayor Shearon, but it was easy to work with him. He had his own ideas about what he wanted, but if you could show him a different way, he was open to that. If you showed him respect, he respected you back.”

Reef project helps filter local waters

City creates adopt-a-reef program

HOLMES BEACH – Commissioners support The Center of Anna Maria Island’s mini reef project, however, budgetary concerns have them hoping that residents will donate to purchase a reef instead of the city spending tax dollars.

Commissioners Kim Rash, Terry Schaefer and Carol Soustek voted to institute an adopt-a-reef program to help further the request of The Center’s Director of Development, Jim McDaniel, for 20 mini reefs.

The project would place the reefs in the waters around Anna Maria Island, primarily underneath city-owned docks, at a cost of $7,300. After hearing from McDaniel, commissioners discussed the prospect of buying the requested reefs. While they said they consider the project a worthwhile endeavor to help clean the waters around the Island, with the budget constraints the city is already facing in the coming fiscal year, they didn’t feel that the added expense was one they could bear.

After consulting with City Treasurer Lori Hill, commissioners discovered that they couldn’t use funds donated by the estate of Billie Martini for the purchase, and decided that they also couldn’t in good conscience use taxpayer ad valorem funds, which are forecast to be less than what the city needs in the coming fiscal year. The adopt-a-reef program was a compromise, putting the approval of Holmes Beach city leaders behind the project without committing any city funds.

Under the adopt-a-reef program, Holmes Beach residents, business owners and other community members are encouraged to adopt one of the reefs, to be placed in approved spots underneath city-owned docks. The reefs are $365 each to purchase, which includes the reef and installation by Ocean Habitats as well as a donation to The Center.

Mayor Judy Titsworth said that while she appreciates what The Center is trying to do for the community and its waters with the mini reef project, she’s more in favor of seeding clams or scallops which leaves no unnatural products in the water and also works to clear the water of contaminants. She also expressed concern that installing the reefs underneath the city-owned T-end docks might dissuade people from wanting to rent the docks for their boats. She also worried that the floating mini reefs might rub up against boats.

Commissioner Pat Morton agreed that he would prefer a natural solution to local water issues instead of supporting the reef project. Commissioner Kim Rash said that while he supports a natural approach, he also supports what The Center is doing and that they have a solution being implemented now. Commissioner Jim Kihm said that he shared some of the mayor’s reservations, particularly when there are other options available.

To donate to The Center’s reef project, visit the website or contact the nonprofit at 941-778-1908.

Related coverage

 

Reef project helps filter local waters

 

Mini reefs installed at Mar Vista

Reel Time on the Road: Yellowstone and the Madison River Valley

Reel Time on the Road: Yellowstone and the Madison River Valley, Part Two

When I planned my trip to Montana, visiting and photographing Yellowstone was one of my main objectives besides fishing. The day after fishing Lake Ennis and the Madison River, I returned to the park, this time exploring the diverse and magical landscapes of the geyser basins, Yellowstone Lake and the majestic “Grand Canyon of The Yellowstone,” where the Yellowstone River plunges 1,000 feet into a 20-mile multi-colored canyon. Once again, an early start was rewarded with relatively uncrowded roads and attractions where one could more fully appreciate the natural wonders of our first National Park. I was blessed throughout my trip with clear sunny skies and temperatures that ranged from the mid-30s to the low 80s.

The following day, I returned to the Lamar Valley with Ed Chiles and Bradenton attorney Jim Knowles to fish Soda Butte Creek near the eastern entrance to the park. This time I was afforded the luxury of being able to really absorb the wonders of the park as a passenger. The creek was accessed by hiking across an open sage prairie framed by towering mountains draped in verdant green forests. The amazing scenery there, arguably some of the most picturesque in the park, made it hard to concentrate on our dry flies but we all managed to land a number of cutthroat trout and brown trout. Chiles and Knowles each landed cutthroat trout to 18 inches.

On my last day, I elected to fish again on Lake Ennis with Captain Harrison King and this time we spent the day there. A mirror-smooth lake greeted us that morning as we targeted rainbow and brown trout that were taking insects from the surface. This was exciting and demanding fly fishing, requiring quick, long and accurate casts. The highlight of the day was filming King as he got out of the boat and stalked rising “gulpers” along a channel of the Madison that fed into the lake.  He deftly placed his dry fly just up current of a group of feeding fish, landing a beautiful rainbow trout we estimate at 20 inches. It was a fitting end to a memorable Montana vacation.

If you haven’t experienced the wilds of Montana, I highly suggest you do. I’ll always remember the days floating rivers and exploring soaring landscapes, of rounding a corner on a rushing river to see moose, wild turkeys and antlered mule deer drinking from the river and watching antelope, wolves, bison and elk roaming the vast western landscapes.

- Rusty Chinnis | Sun

- Rusty Chinnis | Sun

- Rusty Chinnis | Sun

- Rusty Chinnis | Sun

- Rusty Chinnis | Sun

- Rusty Chinnis | Sun

- Rusty Chinnis | Sun

- Rusty Chinnis | Sun

- Rusty Chinnis | Sun

- Rusty Chinnis | Sun

 

Castles in the Sand

Homeownership still a great deal

Benjamin Franklin was the author of many memorable sayings, and one of the most memorable is, “There are only two certainties in life – death and taxes.” In spite of the very volatile times we’re living through, I’m adding one more: “Homeownership is still the best financial investment for the average person.” It also offers the best tax breaks, not to mention the best way to build equity.

There is a fire raging in the real estate market all over the country. With mortgage interest rates under 3%, those who have secure jobs are racing to either buy a home, if they can find one, or refinance their existing home.

This is happening even though the 2017 tax overhaul made the mortgage interest deduction irrelevant for many homeowners. These individuals have calculated that the standard tax deduction is more advantageous than taking their mortgage interest deduction, even adding in their previous state and local tax deduction.

Nevertheless, there are still plenty of deductions available for homeowners. Even though many homeowners are opting for the standard deduction, which is now $24,880 for a married couple filing jointly, getting to that number with 3% mortgage interest is difficult unless you’re purchasing in a higher price range and have other deductible expenses.

The problem with higher price point mortgages is the cap placed on them. For new mortgages issued after Dec. 15, 2017, homeowners can deduct up to $750,000 on mortgage interest debt. For mortgages issued before then, the cap is $1 million of mortgage debt, which is grandfathered. This rule also has stipulations regarding second homes and unmarried homeowners, so check with an accountant before making decisions.

Refinancing now is also very attractive, but if you refinance and cash out a portion of the new mortgage, you may not be able to deduct all of the interest, unless you can prove the extra cash was used as a home improvement. Home equity loans also fit into this category and interest deductions can only be used for substantial improvements to your home. Again, this could be a moot point if you are opting to use the standard deduction.

With a lot of people moving from cities, boat and RV loans are also getting popular. So, can the interest on these be deductible? Well, like everything IRS-related, it depends. In order for these to qualify for a deduction there must be cooking, sleeping and toilet facilities, then of course the interest deduction is still subject to the two homes requirement.

Home office and home remodels because of working from home are also something that seems relevant now. Home offices are not deductible if you are employed by someone else. However, if you are self-employed, you can make a deduction for a space in your home that is used on a regular basis and used exclusively for your business. Don’t ask how this is verified should you be audited. Interest for remodeling for a business you run from your home can be deducted, but like any business, it can affect the cost basis of the house when it is sold.

Finally, there are some new regulations regarding IRA and 401(k) withdrawals. Congress has loosened the rules for people affected by the pandemic, allowing a withdrawal up to $100,000 without paying the 10% penalty right now. This cost can be spread over three years or pay it back in full at a time when your finances are in a better place. Although this does not directly affect your home, it could improve your overall financial position until after the crisis.

Homeownership can still ease your tax liability and will probably be the best investment you ever make – even now. Stay safe.

Four bids received for City Pier grill and bait shop

Four bids eyeing City Pier grill and bait shop

UPDATED Aug. 22, 2020 – ANNA MARIA – Four local entrepreneurs interested in operating a grill and bait shop on the new City Pier have submitted bid proposals to the city of Anna Maria.

The bid proposals received are in response to the request for proposals (RFP) the city recently issued seeking a tenant to lease the 300-square-foot bait shop building at the T-end of the new pier.

The city seeks a tenant who will operate a takeout grill that offers a limited menu throughout the day in addition to selling bait and possibly offering additional fishing supplies.

Four bids received for City Pier grill and bait shop
The bidders hope to lease the city-owned bait shop building on the Anna Maria City Pier. – Joe Hendricks | Sun

The deadline to submit a proposal was 1 p.m. on Friday. A few minutes after that deadline passed, Mayor Dan Murphy opened the four bid proposals and announced who submitted them.

The four bidders are F.P. Growth Partners; Brian Seymour, Vic Mattay and Nicholas Graham; Sarah Baldwin/Tevatan LLC and Harry’s Continental Kitchens.

Four bids received for City Pier grill and bait shop
Kim Nemeth, Brian Seymour and Patrick Coleman attended Friday’s bid opening, with Public Works Manager Dean Jones also present. – Joe Hendricks | Sun

Patrick Coleman represented F.P. Growth Partners at the public bid opening held at city hall in the city commission chambers. F.P. Growth Partners’ business operations include the Poppo’s Taquerias on Pine Avenue in Anna Maria and on Manatee Avenue in Bradenton.

Seymour is the owner/operator of the Anna Maria General Store and Deli on Pine Avenue that leases space to Mattay and his Dips Ice Cream shop. Graham is the co-owner and operator of Graham Slam fishing charters in Cortez.

Anna Maria resident Kim Nemeth represented Tevatan LLC. Nemeth is the manager of Paradise Boat Tours and Bridge Street Bait Shop at the foot of the Bridge Street Pier in Bradenton Beach.

Tevatan LLC is led by CEO Sarah Baldwin and her father, Sherman Baldwin, who serves as the LLC’s general manager. Tevatan also operates Hart’s Landing in Sarasota in space leased from that city.

Harry’s Continental Kitchens is located in Longboat Key and was not represented at Friday’s bid opening.

Waterfront Restaurant & Craft Bar owner Jason Suzor and Star Fish Co. restaurant owner Karen Bell participated in the recent pre-bid meeting but neither submitted a bid proposal.

Murphy said he will now review the four bid proposals that will also be provided to city commissioners. The proposals will not be made public until placed on an agenda for a future city commission meeting or a special city commission meeting to be held within the next 30 days.

When the bid proposals are presented for commission discussion at a public meeting, each commissioner will individually rank the bidders and their proposals according to their personal preferences. One point will be awarded for a commissioner’s first choice, two points will be awarded for a commissioner’s second choice and so on. The bidder and proposal with the lowest combined score will then be given the opportunity to attempt to negotiate a lease contract with Murphy and the city.

According to the RFP, the city reserves the right to discard any or all bids.

During Friday’s bid opening, Murphy said he hopes to have the grill and bait shop open by the first of the year at the latest, and much sooner than that if all goes well.

Four bids received for City Pier grill and bait shop
While seeking a tenant for the bait shop building to the left, the city currently has no plans for the larger building to the right. – Joe Hendricks | Sun

The city currently has no plans to resume its search for another pier tenant to operate a full-service restaurant in the larger of the two city-owned buildings at the T-end of the new City Pier. At this time, the future use of the larger pier building has not been determined.

Related coverage

 

Grill and bait shop tenant sought for City Pier

 

Commission rejects Ugly Grouper pier lease offer

The Drift In is back in business again

The Drift In is back in business again

BRADENTON BEACH – The Drift In is open again and now offers a limited food menu.

The Bradenton Beach bar reopened Friday, Aug. 14 after being ordered to close on Tuesday, Aug. 4.

“They came in and told us we didn’t have a license to serve food, so we had to close. I was not told what the complaint or violation was. Somebody turned us in. I have a pretty good idea who it was, but I’m not going to say,” owner Joe Cuervo said.

Cuervo said he has not seen a copy of the complaint that led to the Drift In in Bradenton Beach and the Drift In in Bradenton being ordered to close on the same night.

“I had to get a restaurant/hotel license, but they were very accommodating,” Cuervo said of his food licensing interactions with the Florida Department of Business and Professional Regulation (DBPR).

“We’ve got our air fryer, our pizza oven and we’re legal now. We’ll be serving pizzas, sandwiches, chicken tenders, French fries and onion rings. Stuff that is very simple,” Cuervo said.

The Drift In is back in business again
The Drift In now has the basic appliances needed to prepare a limited food menu. – Joe Hendricks | Sun

Cuervo said his new hotel/restaurant license cost him approximately $200 and is a separate license that now works in unison with his long-held 4COP liquor license.

Cuervo said to maintain his status as an establishment that allows smoking, his food revenues cannot exceed 10% of total gross revenues.

Cuervo hopes to reopen the Drift In in Bradenton in a similar fashion soon.

Openings and closings

This is the second time the Bradenton Beach Drift In has reopened during the pandemic.

On March 17, Gov. Ron DeSantis prohibited Florida bars, nightclubs and other establishments that generate more than 50% of their revenues from selling alcohol for on-site consumption. Stand-alone bars were limited to package and takeout services only.

On June 5, DeSantis allowed bars to reopen at 50% capacity. But in response to a surge in new COVID-19 cases among younger people, DBPR Secretary Halsey Beshears issued an emergency order on June 26 that again prohibited stand-alone bars and other non-restaurant establishments from selling alcohol for on-site consumption.

On July 1, Beshears amended his order in a manner that currently allows bars with food licenses to operate at 50% capacity. Bars without food licenses remain limited to takeout and package service only, and night club operations remain prohibited.

Operating procedures

Drift In patrons are required to wear masks or face coverings when entering and exiting the bar, and also when getting up from their seats to use the restrooms.

“I’ve lost a ton of money, so we’re going to do what we need to do to stay open. We’re playing by the rules. We’re doing everything that’s expected and more,” Cuervo said.

Cuervo said the independently licensed hot dog cart operation that was doing business in the parking lot three nights a week before the initial bar closures occurred may soon return to further supplement the food offerings.

Cuervo said he hasn’t heard anything from the state regarding when Florida’s bars will be allowed to reopen at full capacity.

“I haven’t heard one word. They can open up Disney and Universal and all these other places, but they won’t let the little local bar open? It’s ridiculous. Nail salons and hair salons are open and those are one-on-one services that require contact with each other. With us, you’re handed a drink over the counter. In a restaurant, you order a drink, the server tells the bartender, the bartender makes the drink and hands it to the server and the server hands it to you,” Cuervo said.

Due to social distancing requirements, live music will be limited to the outdoor seating area.

Reopening again

After returning to work Friday evening, Drift In manager Doreen Flynn said, “We have a true food license so there won’t be any other issues. We’re all good now and nobody can shut us down. We are continuing to social distance. I took out some barstools and our tables are six feet apart.”

The Drift In is back in business again
Masks or face coverings are required when moving about inside the bar. – Joe Hendricks | Sun

Regarding the complaint that shut the two bars down, Flynn said, “The complaints are confidential, and they told us they do not come to an establishment unless they get a complaint because they don’t have the manpower.”

Flynn said Anchor Inn owners Darla and Bobby Tingler previously obtained a food license to avoid a similar fate.

“Darla and Bobby really helped us, and their handyman, Jeff, helped us make the needed modifications for our food preparation area,” Flynn said.

Reel Time on The Road: Yellowstone and the Madison River Valley

Reel Time on The Road: Yellowstone and the Madison River Valley, Part One

Rounding a corner outside of Virginia City, Montana, I pulled to the side of the road to marvel at the vista. From horizon to horizon the Madison River Valley stretched out below, an invitation to one of the most geologically and ecologically diverse regions on earth. For the next week I would be fishing and exploring an area anchored to the south by Hebgen Lake, Earthquake Lake and the Madison River flowing from Yellowstone National Park.

The world’s first national park and the largest in North America, Yellowstone sits atop North America’s largest volcanic field. The caldera (a large cauldron-like hollow) was formed when land collapsed following the last of three super-eruptions that took place over the past 2.1 million years. It’s a land of steaming springs, geysers, bubbling mud pots and soaring landscapes that almost defy imagination.

I began my adventure the next morning entering the park at West Yellowstone in the pre-dawn hours. I explored an area I had not ventured into in my past trips to the area, heading towards the Lamar Valley to the north. Usually crowded with tour buses and visitors in August, I was treated to large stretches of road and scenery devoid of cars and people, a rare and unexpected benefit of the pandemic. That morning felt like the first day of creation and I marveled at the vast volcanic-sculpted landscape, the fields of grazing bison, antelope, mule deer and soaring eagles. Over the next week I would visit the park two more times, but as I left the park that day, I was looking forward to exploring the fishing opportunities afforded by the Madison River and Lake Ennis.

This past summer I had spoken with Captain Harrison King, a friend based in Cortez who splits his time guiding locally and in Montana. When I told him I would be fishing near Dillon, he suggested I let him introduce me to fishing opportunities in the area near Ennis, Montana. Situated on the banks of the Madison River, and flanked on three sides by the Gravelly Range, the Madison Mountains, and the Tobacco Root Mountains, it’s one of the west’s most iconic fly-fishing destinations. I took him up on his offer on Monday and was joined by friend and local restaurateur Ed Chiles, who has a summer home in the area.

We began the day on Lake Ennis, a large impounded section of the Madison River where King specializes in targeting large brown and rainbow trout that cruise the lake, rising to the clouds of mayflies and other insects there. Known as “gulpers” for the sound they make as they feed, this is one of my favorite ways to catch trout. The wind was down as we started and we all were able to feed brown and rainbow trout as they picked from the surface. When the wind came up, King returned to the ramp and we trailered his drift boat to the Madison, where we fished a long segment of the river.

Once again, I spent quality time just sitting back and absorbing the amazing scenery. Although the fishing was a bit slow that day, Chiles managed to entice several quality rainbow and brown trout to his dry flies. At the end of the day we both agreed that the combination of experiences that day was one of the most unique adventures we had ever had.

During my visit I stayed at the Driftwaters Resort, just downstream from Earthquake Lake and facing the magnificent Gallatin Mountains. This RV park features six cabins and the Drift Wood Restaurant where I spent my evenings enjoying the scenery and the culinary creations of chef Tim Sylvester and the service and hospitality offered by his wife, Trudy.

The amazing scenery and fishing opportunities afforded by Montana’s vast wilderness should be on any angler’s bucket list.

For accommodations, contact Driftwaters Resort at 406-682-3088 and visit their website at www.driftwatersresort.com. For an expert introduction to the fishing opportunities in Montana or locally, contact Captain Harrison King at 941-525-8495. Check out King and his wife Laura’s Facebook Page at 941 Outfitters.

Next week: More fishing adventures in Montana

Repairs on tap for local boat ramps

Repairs on tap for local boat ramps

MANATEE COUNTY – Members of the Palma Sola Scenic Highway Corridor Management Entity (CME) met Aug. 12 and discussed what’s going on with the two boat ramps on Manatee Avenue West.

Liza Click with the Manatee County Parks and Recreation Department said that the anticipated changes and repairs at Kingfish boat ramp in Holmes Beach are still in the planning phases.

“Nothing is moving forward until we see a concept drawing,” Click told her fellow CME members. While some trees have been marked at the boat ramp, she said the marking was only done for a survey and it doesn’t indicate that those trees will ultimately be removed.

Holmes Beach Mayor Judy Titsworth told her city’s commissioners during a July meeting that she had been given an overview of the planned changes to Kingfish which include the addition of pervious pavement in the parking area, an expansion of the parking area for vehicles with boat trailers, resurfacing of the boat ramps and removal of the Australian pine trees that provide shade to boaters and picnickers who use the park.

Currently, Manatee County has nearly $5 million budgeted for the work at Kingfish with $450,000 in the 2019-20 fiscal year and $4.5 million in the 2020-21 fiscal year.

At the Palma Sola boat ramp, the small craft boat launch area on the southwest side of the Palma Sola Causeway on Manatee Avenue, Click said work is ongoing. The boat ramp, which has been closed since Manatee County took responsibility for it from the city of Bradenton in 2019, has recently undergone dredging and workers have been resurfacing the ramp and are performing repairs to the dock.

Repairs at the Palma Sola ramp are expected to be completed by the Sept. 30 end of the fiscal year.

Related coverage

 

Boaters return to reopened boat ramps

 

Paid parking may be coming to county boat ramps

 

Palma Sola Boat Ramp remains closed

Holmes Beach takes home six Bert Harris wins

MANATEE COUNTY – Holmes Beach Mayor Judy Titsworth is celebrating after receiving six judgments from Manatee County Circuit Court Judge Charles Sniffen ruling in favor of the city in the Bert Harris Jr. Act cases.

The six cases all involve occupancy arguments with property owners arguing that the city’s limitation on vacation rental occupancy – two per bedroom or six people total – devalue their property. In all six cases, Sniffen ruled against the property owners, stating in the rulings that the first application requirement of the Bert Harris Jr. Act was not met.

The Bert Harris Jr. Private Property Act was enacted in 1995 by the State of Florida to provide a way for private property owners to resolve disputes between themselves and a government entity they believe has inordinately burdened the use of their property. In these cases, Sniffen ruled that the property owners were not inordinately burdened by the city’s occupancy restrictions.

The property owners are Shawn Kaleta at 204 72nd St., Shawn Kaleta d/b/a 302 55th LLC at 302 55th St., Brian Wien at 111 81st St., Shawn Kaleta d/b/a 307 66th LLC at 307 66th St., R. Carlile Roberts at 6422 Gulf Drive, Unit 5 and Robert and Michele Carl at 118 50th St., Unit A.

Without property owners applying to the city for a variance or some other relief from the occupancy limitation and receiving a formal denial of a written request, the first application requirement was not met.

The rulings bring all six cases to a close unless there is an appeal filed by attorneys on behalf of the property owners.

Titsworth said that she is very happy with the rulings and hopes to soon see an end to the Bert Harris cases which have cast a shadow over city hall since 2017.

While the six cases mark a win for the city, Holmes Beach city leaders are not out of the woods yet.

Cases brought against the city by property owners Mojito Splash LLC, Coral Escapes of Holmes Beach LLC and AMI Breeze LLC have been filed with the U.S. District Court for the Middle District of Florida for an appeal of the Manatee County ruling against their cases earlier in 2020 by Judge Edward Nicholas. No hearings have yet been set for these appeals.

More than a dozen Bert Harris cases are still pending in Manatee County Circuit Court with several having motions for more time to provide answers to the city’s discovery queries heard during an Aug. 31 hearing. Several other cases were given a similar extension in July with an Aug. 10 deadline. No further hearings have yet been set in those cases.

Related coverage

 

Commissioners seek additional spending cuts

 

City takes home three wins in court

 

Bert Harris cases go back to court