HOLMES BEACH – Pipes are being moved this week to set up for the next section of beach scheduled to get new sand in the renourishment project that began in July.
The $17.3 million project is designed to replace sand eroded by storms, protecting buildings and roads from future storms along 5.5 miles of beach in Holmes Beach and Bradenton Beach.
The beach from 78th Street to 33rd Street is complete, according to David Ruderman, of the U.S. Army Corps of Engineers in Jacksonville.
For the next section, the contractor, Marinex Construction, Inc., is scheduled to move the submerged pipeline landing location to 34th Street this week. It will take 7-10 days to complete the move, during which no beach work can be done.
The offshore dredge also has moved, and Marinex is reconnecting the dredge to the pipes.
Meanwhile, pipe is being stored on the beach between 34th and 37th streets with beach access available landward and seaward of the storage area. Portions of the beach will be closed during active construction, preventing the public from accessing that area of the shore.
The sand is dredged from offshore borrow areas by a hydraulic cutter suction dredge, then pumped through a pipeline to the beach as a water/sand slurry. The submerged pipeline comes ashore onto the beach at designated landing locations and connects to the pipeline, which runs laterally along the beach. The sand slurry is discharged from the pipeline and bulldozers push the sand into the water to enlarge the beach and pile it higher on dry land.
By Oct. 1, the project is anticipated to be at Fourth Street. Construction is estimated to end at Longboat Pass in mid-November.
Could Anna Maria Island find itself in the same situation as Longboat Key, with a sewer pipe leak in the Intracoastal Waterway?
The sole sewer line serving Longboat Key, which runs under Sarasota Bay, broke in mid-June, causing a sewage spill that collected in the mangroves on Long Bar Pointe.
A sole 20-inch sewer pipe leads from Anna Maria Island to the mainland under Sarasota Bay, part of the Intracoastal Waterway, according to Jeff Goodwin, deputy director of the Manatee County Utilities Department.
The pipe, called a “force main,” is between 40 and 70 feet deep, immediately north of the Cortez Bridge, and is made of high-density polyethylene (HDPE) that was fused to create one long pipe, eliminating joints to minimize compromises in the integrity of the pipe, he said.
Installed in 2008, the force main has a life span of 70 years, but the county would replace it if routine evaluations determine that replacement is necessary before then, Goodwin said.
Manatee County, not the three island cities, is responsible for the pipe, according to the county Utilities Department Director Mike Gore.
The pipe requires minimal maintenance, but essential components are on regular preventive maintenance schedules ranging from bi-monthly to yearly, according to Goodwin. County force mains and associated valves are evaluated by staff and consulting engineers every five years to determine replacement schedules based on critical risk factors. Projects are then programmed into the utility department’s capital improvement plan, he said.
The Florida Department of Transportation plan to replace the Cortez Bridge could necessitate the replacement of the pipe, he added.
The force main could have been suspended from the Cortez Bridge, but that option could have affected the integrity of the pipe and made it difficult to maintain, according to Goodwin, adding that portions of the pipe would still have had to be underwater where the drawbridge raises.
Should a leak similar to the one that occurred in the Longboat Key pipe happen, Manatee County workers would respond to the leak as soon as it was identified, he said, procuring tanker trucks to maintain the lift stations on the Island and isolate the section of compromised pipe in order to stop the leak. Workers would then begin the repair or replacement of the pipe and possibly temporarily bypass the breached section of pipe.
The county maintains an inventory of emergency repair parts and essential equipment to expedite response times, Goodwin said, adding that staff receives requisite training on how to properly respond.
ANNA MARIA – The city of Anna Maria has issued a request for proposals (RFP) seeking a tenant to lease and operate a takeout grill and bait shop on the new City Pier.
“The city of Anna Maria requests proposals for a tenant to operate a grill and bait shop located on the historic Anna Maria City Pier which shall have a family-friendly and simple takeout style food and beverage service, with fishing bait available,” the RFP says.
Mayor Dan Murphy presented a draft version of the RFP during Friday’s emergency city commission meeting. Additional input from commissioners and potential bidders Sherman Baldwin and Brian Seymour helped produce the revised RFP posted later that day at the city website.
The RFP pertains to the city-owned bait shop building on the left side of the pier’s T-end deck area, as viewed from shore. The RFP does not seek responses to operate a full-service restaurant in the larger city-owned building to the right.
The pier building on the left is being offered for lease as a grill and bait shop. – Joe Hendricks | Sun
On July 30, the city commission rejected by 3-2 vote the restaurant and bait shop lease proposal for both buildings presented by Ugly Grouper LLC. The pursuit of a full-service restaurant tenant is currently on hold and may or may not be pursued in the future.
A non-mandatory pre-bid meeting will take place at city hall on Thursday, Aug. 13 at 10:30 a.m. The pre-bid meeting will provide potential bidders the opportunity to pose questions and learn more about the available space. Monday, Aug. 17 is the deadline to submit written questions. Bid proposals must be submitted prior to the public bid openings at 1 p.m. on Friday, Aug. 21.
RFP details
According to the RFP, the grill and bait shop space is approximately 300 square feet, and that is the primary area being offered for lease. As discussed Friday, the RFP also references the possible use of some additional space inside the larger pier building for cold storage, including a walk-in cooler and/or freezer.
The areas shaded in blue are being offered for lease in the new RFP. – Joe Hendricks | Sun
The RFP notes the common areas outside the bait shop can be used by the tenant’s customers on a first-come, first-served basis, but those tables and benches cannot be reserved. The common area may also be used for live entertainment subject to city approval.
The RFP states the common areas must be open to the public seven days a week from 7 a.m. until 10 p.m. The grill and bait shop is expected to operate seven days a week from 8 a.m. to 9 p.m., but alternative hours could be considered.
During Friday’s meeting, Murphy and the commission agreed the entire pier will close at 10 p.m., or soon thereafter, and remain closed overnight – unlike the old City Pier that remained open around the clock. The commission also supported Commissioner Mark Short’s suggestion to limit the bait shop and grill tenant’s beverage sales to beer, wine and soft drinks.
The RFP offers an initial five-year lease with one five-year extension available at the tenant’s option.
The proposals will be evaluated and independently scored based in part upon the proposed annual rent; the estimated costs of tenant’s buildout and equipment; the limited food and beverage menu and prices, including bait shop offerings; the tenant’s small grill, restaurant and takeout experience; the estimated timeframe to become fully operational and references and verifiable information regarding the bidder’s financial ability to perform.
Regarding the interior buildout of the leased space, the city will provide drywall, flooring, a kitchen hood, a grease trap and interceptor, fire suppression and roughed-in electrical and plumbing, excluding fixtures.
The tenant will provide the fixtures, equipment, painting, finish work and other materials needed to complete the interior buildout – and bidders must provide the estimated cost of their improvements and equipment.
“The tenant is expected to have 45 days to complete the buildout of the grill and bait shop interiors and then open for business,” the RFP says.
The city will clean and maintain the exterior of the leased building and the common area around it. The city will also clean and maintain the public restrooms and maintain and repair the air conditioning and heating units that serve the leased area. In exchange, the tenant will reimburse the city for 10% of those actual cleaning and maintenance costs during the first year of the lease. That percentage will then be reevaluated and negotiated annually.
The tenant will also reimburse the city for 10% of the city’s actual costs to clean and maintain the rest of the pier’s common areas, including the pier platform, the approach area and the parking area. Should the city decide to employ a pier maintenance manager, the tenant may also be required to share up to 10% of the manager’s salary.
BRADENTON BEACH – After a tie vote by the Bradenton Beach City Commission, face coverings remain mandatory inside Bradenton Beach businesses in accordance with Manatee County’s mandatory face-covering resolution.
Thursday evening, city commission members voted 2-2 on a proposed city ordinance that would have made face coverings optional but mandated that businesses post signs recommending face coverings.
The tie vote resulted in the proposed ordinance not being adopted, leaving the city still subject to the county face-covering resolution adopted by a 4-3 vote of the Manatee County Commission on July 27.
According to the county resolution, “An individual in a business establishment must wear a face covering.”
The county resolution includes exemptions for those who can maintain 6 feet or more of social distance inside a business, for children under 6 and for those with breathing issues or pre-existing medical conditions.
The county resolution does not apply in cities that adopted local face-covering mandates, including Anna Maria and Holmes Beach.
The county resolution is now being challenged in court by Pastor Joel Tillis and State Rep. Anthony Sabatini (R-Lake County).
The proposed Bradenton Beach emergency ordinance was modeled after the emergency ordinance adopted by the Bradenton City Council on July 15.
Bradenton Beach Mayor John Chappie and Commissioner Marilyn Maro supported the adoption of the proposed emergency city ordinance, which would have resulted in the city essentially opting out of the county’s face-covering mandate because the city ordinance would have superseded it.
Commissioners Jan Vosburgh and Jake Spooner opposed the city ordinance and chose instead to stay in line with the county resolution.
Commissioner Ralph Cole previously expressed opposition to the county resolution, but he was unable to attend Thursday’s meeting due to a family emergency.
Chappie was the only commission member who attended Thursday’s meeting in person. Maro, Spooner and Vosburgh participated remotely, as did City Attorney Ricinda Perry.
Proposed ordinance
Two days earlier, during the Tuesday, Aug. 4 emergency special commission meeting, the commission, minus Vosburgh, who was absent, directed Perry to draft an emergency ordinance modeled after the city of Bradenton’s emergency ordinance.
During Tuesday’s meeting, Perry said he had legal concerns about the county resolution and questioned its constitutionality.
Modeled after the Bradenton ordinance, the proposed Bradenton Beach ordinance presented Thursday evening said, “Each business establishment shall post a sign visible at each public point of entry, which sign shall either advise persons entering that face coverings are required or requested to be worn within the business establishment; or notify persons entering that the United States Center for Disease Control and Prevention recommends the wearing of face coverings in public, particularly where social distancing cannot be maintained.”
Perry inserted additional language that said, “Notice shall also be provided that states that individuals with a religious, physical or mental limitation preventing them from wearing a face covering are exempt.”
Using language contained in the Bradenton ordinance, the proposed ordinance said, “The legislative intent of this ordinance is to educate and encourage members of the public to wear face coverings within enclosed business establishments. Nothing contained herein shall be construed to mandate the wearing of face coverings nor require the owner or operator of any business establishment to mandate or otherwise enforce the wearing of face coverings.”
Commission discussion
“Its purpose and intent is to do the least intrusive means that has not been legally challenged,” Perry said of the proposed ordinance.
She noted the Manatee County Sheriff’s Office and the local law enforcement agencies are responsible for enforcing the county resolution.
City Attorney Ricinda Perry has legal concerns regrading the county resolution. – Joe Hendricks | Sun
“The Bradenton ordinance takes that onus off the police officer and places it on those who are engaging in business. They need to be the ones who are policing the masks. It’s a bit of a friendlier approach towards the mask policy, as opposed to the Manatee County mandate,” Perry said.
“It’s mandating that businesses place mask notices on all of their locations, but it allows the business owner to decide whether or not they want to make that a mandate of their store or not,” Perry clarified in response to a question posed during public input.
Vosburgh referenced the 4-1 commission consensus reached during the commission’s emergency meeting on July 28. With Cole in opposition, the majority consensus reached that day was to not take any action and remain under the umbrella of the county resolution.
“Frankly, I was very surprised we put this on the agenda because we just voted on this a week ago. With what’s going on in Bradenton Beach, I reluctantly have to vote again to go along with the county,” Vosburgh said.
Spooner asked Lt. John Cosby if the city’s police officers had encountered any problems or confrontations since the county resolution took effect.
“No, we haven’t had any reported problems up to this point,” Cosby replied.
“I’d like to just stay in line with the county if there hasn’t been any problems with enforcement,” Spooner said. “I don’t want to have the businesses and their employees get in confrontations with people. Right now, it’s real easy for the employees to say, ‘It’s the law,’ and that kind of ends any confrontation.”
Bradenton Beach Mayor John Chappie supported the proposed city ordinance. – Joe Hendricks | Sun
Chappie then made his motion to adopt the proposed city ordinance. After the tie vote occurred, Perry said the commission could continue the matter until next week, when Cole would be present to serve as the tie-breaker. Chappie made that motion and Maro seconded it, but Vosburgh and Spooner opposed the continuation and the motion failed as the result of another 2-2 vote.
The county resolution can be viewed and downloaded at the county website.
BRADENTON BEACH – The Bradenton Beach City Commission has directed City Attorney Ricinda Perry to draft an emergency face-covering sign ordinance that would allow the city to opt out of the Manatee County face-covering resolution now being challenged in court.
The commission issued this directive during this morning’s weekly emergency special city commission meeting. The emergency ordinance will be presented for commission approval during the commission’s regular meeting on Thursday, Aug. 6, which starts at 6 p.m.
Soon after the emergency meeting concluded, Perry emailed the mayor and commissioners copies of the emergency ordinance to be voted on Thursday.
Using the same language as the Bradenton ordinance, the Bradenton Beach ordinance says, “Each business establishment shall post a sign visible at each public point of entry, which sign shall either advise persons entering that face coverings are required or requested to be worn within the business establishment; or notify persons entering that the United States Center for Disease Control and Prevention recommends the wearing of face coverings in public, particularly where social distancing cannot be maintained.”
Perry inserted additional language that says, “Notice shall also be provided that states that individuals with a religious, physical or mental limitation preventing them from wearing a face covering are exempt.”
This face-covering sign can be downloaded at the city of Bradenton’s website. – City of Bradenton | Submitted
Using the same language as the Bradenton ordinance, the Bradenton Beach ordinance also says, “The legislative intent of this ordinance is to educate and encourage members of the public to wear face coverings within enclosed business establishments. Nothing contained herein shall be construed to mandate the wearing of face coverings nor require the owner or operator of any business establishment to mandate or otherwise enforce the wearing of face coverings.
The city of Bradenton makes this downloadable sign available to business owners. – City of Bradenton | Submitted
According to Perry, the city ordinance would take effect Friday if adopted.
Under the county resolution – which states, “An individual in a business establishment must wear a face covering,” – Bradenton Beach business owners, employees and patrons are required to wear masks in businesses because the city has no official policy on the matter and the city lies within the county. However, if the city ordinance is adopted Thursday evening, the county resolution will not apply and masks will become optional within the Bradenton Beach city limits.
The county resolution provides exceptions for those who can maintain 6 feet or more of social distancing inside a business, for children under 6 years old and for those with breathing issues or pre-existing medical conditions.
A first offense of the county resolution warrants a written warning. The second offense could result in a $50 fine, with a $125 fine for a third offense and a $250 fine for subsequent offenses.
Commission discussion
Mayor John Chappie initiated Tuesday morning’s discussion about adopting an ordinance based on the Bradenton ordinance. He noted the county resolution is being challenged in court and he said he spoke with Perry on Monday about possibly opting out of the county requirements.
“Since we had no resolution on the record, we are automatically part of the umbrella resolution the county has adopted. I know a lot of people are really happy with the resolution the city of Bradenton has done, which has basically accomplished the same thing,” Chappie said.
He then asked Perry to share her thoughts.
“As far as the county resolution goes, I already had a number of legal concerns,” Perry said.
Perry said Chief Assistant County Attorney Bill Clague solicited insight from the city attorneys within Manatee County on Friday afternoon before the resolution was presented to county commissioners on Monday, July 27. The divided county commission then adopted the resolution by a 4-3 vote.
“I stated that I had objections with the fact that the county was usurping the authority of the city and acting as a charter county. We are not a charter county. The cities should not have been part of that process and it concerned me for future precedent,” Perry said.
“I also had concerns with due process in that particular resolution. The resolution itself did not provide for any appeal. The issue of due process is still outstanding in my mind. You need to be able to appeal a penalty that is filed against you and there’s just no mechanism to do that. That is a violation of your procedural due process in my opinion,” Perry said.
Perry said she reached out to Bradenton City Attorney Scott Rudacille and he provided her with a copy of Bradenton Emergency Ordinance 3067.
“As the mayor articulated, it gets you to the same place the county is, but it’s a document that’s not being challenged in court. If that challenge is successful, that resolution goes away and there is absolutely nothing on the books,” Perry said.
Bradenton Beach Police Lt. John Cosby mentioned a previous discussion he and Chappie had about the Bradenton ordinance.
“The discussion you and I had was that if we ever did choose to adopt an ordinance that would be the one to go with, because it does achieve every goal they’re trying to get to, but it does it in a more educational way and a friendlier way than what we’re currently doing,” Cosby said.
Commissioner Jake Spooner asked Perry to provide a quick summary of the differences between the county resolution and the Bradenton ordinance.
“The city of Bradenton’s mechanism for encouraging enforcement is much friendlier and it encourages compliance. It’s not a mandate to the citizenry to put masks on their face. It’s a mandate to the business community that any business must post a sign at their business location encouraging the use of masks. If you fail to post a sign you can be penalized, and that’s where it stops. It encourages compliance, with businesses being a partner in educating the public, as opposed to using police officers to go around and confront individuals in the public and fining them,” Perry said.
The Anna Maria Island Sun won three awards in the Florida Press Association’s 2020 weekly Newspaper Contest on July 31.
First place in the Outdoor and Recreation category was awarded to Cindy Lane for a series of articles on duck hunting near Perico Preserve, Robinson Preserve and Neal Preserve.
Second place in the humorous column category went to Cindy Lane for “Florida flotsam washes up on European beaches,” a story about plastic cups from an Anna Maria Island beach restaurant that were discovered along Europe’s Atlantic coastline.
Third place in local government reporting was awarded to Joe Hendricks for a series on the removal of Australian pine trees from Coquina Beach in the city of Bradenton Beach.
ANNA MARIA – Mayor Dan Murphy today vetoed an alcoholic beverage ordinance adopted by the City Commission that would have required males to wear shirts or upper body coverings even in the outdoor areas of establishments that sell alcohol for on-premise consumption.
An underlying ordinance prohibited businesses that sell alcohol on site from allowing women customers to expose portions of their breasts. Commissioners amended that ordinance on Thursday, July 30 by a 4-1 vote to expand the prohibition to males.
Commissioner Jon Crane cast the only opposition vote due to his concerns about the new gender-neutral language recommended by the Planning and Zoning Board replacing the word “female” with the words “person” or “persons.”
The adopted, amended ordinance required Murphy’s signature before it took effect and late Monday morning he informed city commissioners and Planning and Zoning Board members of his decision to veto the ordinance.
After not weighing in Thursday night, Mayor Dan Murphy vetoed the ordinance Monday morning. – Joe Hendricks | Sun
“I regret that I did not weigh in on this ordinance at that time and apologize to all of you for not having done so. However, after reviewing this ordinance in detail and its implications both from an applicability as well as an enforcement perspective, I have come to the following conclusions:
“The ordinance has far-reaching effects on the restaurant business. More public and impacted business owner input should be sought in this matter and considered during a re-write of this ordinance.
“In that we live in a beach community, the social expectations and requirements for attire in all public places tends to be less stringent than in a more formal environment.
“The enforcement of this ordinance would be difficult and could lead to charges of selective enforcement or ‘targeting,’ ” Murphy’s email said.
“In accordance with Article IV, 4.03, e. of our City Charter, I am opting to exercise a veto to this ordinance for the above stated reasons and ask that you reconsider and modify this ordinance in the very near future. Under Article III, Sec. 3.13, of our City Charter, you may opt to exercise your authority to override this veto,” Murphy’s email concluded.
Murphy told The Sun this was the first time he’s vetoed a commission action and he’s not aware of any of his mayoral predecessors exercising their veto power.
According to the city charter, the commission could override the veto with a 4-1 supermajority vote of the commission at a future meeting.
Exposure concerns
Before the ordinance was amended, the existing ordinance read, “It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the incorporated area of the city at which alcoholic beverages are offered for sale for consumption on the premises to permit any female, while on the premises of the commercial establishment, to expose to the public view that area of the female breast at or below the areola.”
The amended ordinance referred to not permitting any “person” to expose their breast while at a bar or restaurant that serves alcohol. Similar provisions pertained to the exposure any person’s genitals, pubic area, buttocks, anus or gluteal cleft.
Commissioner Jon Crane opposed the gender-neutral language included in the amended alcoholic beverages ordinance. – Joe Hendricks | Sun
“This gender-neutral thing, which I admire theoretically, is problematic,” Crane said.
He cited as an example a construction worker wearing a shirt with cut-out armholes coming in for a beer after work and possibly getting fined or arrested because his breast is visible. He cited as another example someone who wears their shorts too low.
“That’s anal cleft. I don’t want to arrest him either,” Crane said.
“Can I go to the Sandbar and sit outside and just have my swimming trunks on? If I don’t have a shirt on, is that allowed?” Commissioner Joe Muscatello asked.
Commissioner Joe Muscatello asked if men would be required to wear shirts when sitting outside at the Sandbar restaurant. – Joe Hendricks | Sun
“This would not allow a man wearing a bathing suit to join his family sitting at one of the tables where they’re selling alcoholic beverages,” Vose responded.
“Is this geared from keeping topless bars from happening? I don’t think we’re in danger of that,” Commissioner Amy Tripp said.
“The purpose is to prevent topless bars,” City Attorney Becky Vose said. “I’m all for equal rights, but a female breast is a sexual organ. A male breast is not.”
Commissioners Carol Carter and Mark Short supported the gender-neutral language.
“If I’m sitting at a table in the sand at the Sandbar, I don’t know if I would enjoy sitting beside somebody who didn’t have a shirt on,” Short said.
The gender-neutral provision would have applied city-wide if implemented. The amended ordinance did not specify the age at which a person would be required to cover their upper body while visiting an establishment that serves alcohol.
When contacted Sunday, Sandbar owner Ed Chiles said his restaurant does not prohibit males from coming off the beach in their bathing suits and entering the outdoor beachfront area that now includes a walk-up service window.
“I was shocked, amused and perplexed when I heard about this. I think the commission needs to take a step back and think about doing something that would not reflect well on the city of Anna Maria and the way of life we’ve had here for generations,” Chiles said.
When contacted Sunday, Planning and Zoning Board member Barbara Zdravecky shared her insight on the board’s recommendation.
“It was about making the ordinance gender-neutral, as well as for safety and hygiene. It probably needs to come back because the implication of indoor bars versus outdoor beachside bars was not specified. Neither was the age of the patrons,” Zdravecky said.
Other changes
Additional changes to the ordinance could still be adopted if and when a revised ordinance is brought back to the commission.
The ordinance amended last week would have required the operator of a restaurant who wants to sell alcohol to obtain a special use permit from the city. A special use permit would not be required for existing establishments already permitted for alcohol sales.
During public comment, former city commissioner Doug Copeland sought clarification regarding bars and package liquor stores.
“If I buy a 4COP license or a 2COP license and I want to have just a bar, can I open a bar?” he asked. “I don’t want to see the city open up the ability to have a late-night bar.”
City Planner Chad Minor said bars, taverns and saloons are already prohibited uses in the zoning ordinance pertaining to the C-1 and ROR zoning districts that include Pine Avenue.
“It’s got to include food sales according to our zoning ordinance,” Minor said.
“Does it have the requirement that 50% of your sales have to be from food?” Vose asked.
“Yes,” Minor replied.
It was noted Bortell’s Lounge, closed for renovation, is allowed to operate without selling food because that use was grandfathered in many years ago.
“How about package stores?” Copeland asked.
“They wouldn’t be prohibited. They would need a special use permit,” Vose said regarding package liquor sales.
“There’s an exception in the Florida Statutes that says the sales of beer for off-premise consumption cannot be subject to zoning. You could sell beer anywhere in the ROR or the commercial zones and we can’t require a special use permit. You don’t need a special use permit for off-premise sales of beer or wine, but for everything else you do have to have your special use permit.”
Vose also noted the provision that prohibited alcohol sales within 2,500 feet of a church was removed from the amended ordinance.
BRADENTON – Representing Pastor Joel Tillis, attorney and state Rep. Anthony Sabatini (R-Clermont) announced this morning that a lawsuit has been filed challenging Manatee County’s mandatory face-covering resolution.
The lawsuit names Tillis as the plaintiff and Manatee County as the defendant. Tillis is the pastor of the Suncoast Baptist Church in Palmetto.
The lawsuit complaint was electronically filed late Sunday night in the 12th Judicial Circuit Court and publicly announced at 10 a.m. Monday morning during the Unmasking Liberty Rally held in front of the Manatee County Historic Courthouse.
Adopted by a 4-3 County Commission vote on July 27, the face-covering resolution states, “An individual in a business establishment must wear a face covering.”
The resolution provides several exceptions, including one for those who can maintain 6 feet or more of social distancing inside a business.
The resolution’s definition of “business establishment” includes places of worship.
Chief Assistant County Attorney Bill Clague told commissioners the resolution was based on the Leon County ordinance that has already withstood a court challenge.
County Commission candidate George Kruse attended Monday’s Unmasking Liberty Rally. – Joe Hendricks | Sun
The lawsuit seeks emergency injunctive relief and a declaratory judgment. The complaint claims the county resolution is unconstitutional because it violates the privacy, due process and religious freedom clauses in the Florida Constitution.
“Unless an injunction is issued, plaintiff will suffer irreparable harm because his constitutional rights are being violated. Plaintiff seeks declaratory judgment declaring that Resolution 20-116 is illegal and void,” the complaint says.
Lawsuit rally
During Monday’s rally, Sabatini and Tillis addressed approximately 100 mask-less supporters.
Tillis began with a prayer.
“We pray for those that are going through this suffering with COVID-19, but we also pray that your grace would be upon those of us that are suffering the ever-increasing loss of our freedoms,” he said.
Sabatini said, “The mask mandate is illegal because it infringes several parts of the Florida Constitution. We represent a church. Churches should be able to exercise their religion freely. If you want to wear a mask, wear a mask. There’s no controlled study or direct evidence that masks actually work in society.”
Many rally attendees expressed their views with homemade signs. – Joe Hendricks | Sun
Tillis said, “This is not an issue of right or left, Republican or Democrat. This is not even an issue of Trump or Biden. This is an issue of right and wrong.”
He then took exception to churches being defined as businesses.
“They associated the houses of worship somewhere between a Wal-Mart and a Taco Bell and that is unacceptable. We are not a business. And what we stand for is not just for the Christian faith. We stand for all faiths to have their liberty to be able to practice what they believe, apart from interference of the law. This mask resolution effectively interferes with our ability to worship. We also believe that it’s an end-run around rights that were already given to us by the governor. Early on, the governor said churches are essential and this resolution interferes with our essential work in the community. We cannot do our job as ministry under this resolution,” Tillis said.
Additional comments
After his remarks, Tillis was asked about his church services.
“It hasn’t impacted our church because we don’t accept the resolution. We conduct our church as we normally do. We stress that people use whatever precautions they feel necessary in accordance with the CDC guidelines, but we don’t mandate that they do,” Tillis said.
Service and church activities continue as normal at the Suncoast Baptist Church in Palmetto. – Google Maps | Submitted
Sabatini said he’s been involved with 14 mask-related lawsuits in Florida, including his unsuccessful legal challenge in Leon County.
“In my case, a trial court judge disagreed in Leon County. Another judge disagreed with another party similar to ours in Palm Beach County. But until this reaches the Florida Supreme Court there is no definitive law and we’re going to fight this all the way, legally and politically,” Sabatini said.
“When contacted Monday afternoon, County Attorney Mickey Palmer said, “As with all lawsuits against county government, the plaintiff can expect an aggressive defense from the Office of the County Attorney.”
The Center of Anna Maria Island saw adult co-ed soccer action last Thursday night. After delays due to Center closure and weather, Sato Real Estate played their third game of the season and captured another win.
Team captain Josh Sato, Hakan Toka and Nate Welch scored the three goals for their team, keeping them undefeated. Goalie Steve Oelfke had 10 saves in the match-up.
Goalkeeper duties for Vintage Beach were divided between Sean Flynn with a single save, Joey Hutchinson had three saves, and David Greene was credited with nine stops, despite the loss in the first game of the night.
The next two games were high scoring battles. The second game found Moss Builders against Solid Rock Construction. Solid Rock came out on top with a total of nine points in the game.
Clancy Vaughn, Brayan Felipe and Gerardo Urbiola both scored a solo goal, while Josh Furman and Chris Scott each hit the net twice for Solid Rock Construction.
Moss Builders’ goalie and captain Ryan Moss had 11 recorded saves in the loss. Danny Anderson got a hat trick with singles by Brent Moss and Aaron Parkin.
In the final game of the night, 13 total goals were scored. Raul Loera made the only goal for Gulfview Windows and Doors.
Dominating the field for Signature Granite, Damir Glavan and Zack Lieb scored 4 and 3 goals, respectively. Scott Bear, Katie Christenson and Cemal Duzgun put a point on the scoreboard. Christenson’s brother-in-law Kris Yavalar eluded the Gulfview defense twice in the Signature Granite win to close out the night.
BRADENTON BEACH – Morning beachgoers saw Marie Donahue walking the beach nearly every day, finding sea turtle tracks and enjoying the shorebirds, the dolphins and the Gulf of Mexico.
Suzi Fox was one of them. When Fox finished her survey of the beach each day as director of Anna Maria Island Turtle Watch and Shorebird Monitoring, she would often look up at Marie’s condo on Third Street and Marie would call out, “Coffee and cinnamon buns!”
Fox is heartbroken over the death of her friend from COVID-19 on July 25.
Donahue, 91, of Bradenton Beach, was a longtime friend of Turtle Watch, introduced to sea turtles in the program’s infancy by one of Turtle Watch’s original volunteers, “Turtle Tom” Van Ness, Fox said.
“They were pioneers of Turtle Watch,” she said. “They walked the beach as citizen scientists. She really knew what she was talking about. She caught things others missed.”
For many years, the two women met frequently for lunch.
“I felt so rich with her as my personal friend,” Fox said. “She would hear me out and cheer me up and correct me when needed.”
Donahue was so fascinated by turtles, she traveled to the Galapagos Islands to see them, Fox said. She visited six continents, often with family, and was a lifelong patron of the arts and an avid reader. She volunteered at Tingley Memorial Library in Bradenton Beach and the Anna Maria Historical Society.
“She was well-spoken and kind to everybody,” Fox recalls. “She was such a part of this Island.”
Because of the coronavirus, “We never got a chance to say goodbye,” she said.
“I’m saddened to know there are people who still don’t believe in this virus,” Fox said. “We need to be reminded that we’re losing our own.
“Right now, we have to protect ourselves,” she said. “This season has been a challenge, but I’ve never been more proud of the volunteers. We are standing on the shoulders of those who have gone before.”
A Catholic Mass will be celebrated for Donahue. Due to the coronavirus, no memorial gathering is planned.
The great-grandmother is one of 186 people in Manatee County who have died from the coronavirus; 8,733 people in the county have reported having COVID-19 since its appearance locally in March, according to the Florida Department of Health.
On Anna Maria Island, 22 people have reported having the coronavirus in Bradenton Beach since its appearance locally in March, with 12 in Holmes Beach, three in Anna Maria and two in Cortez, according to floridadisaster.org.
Nationwide, 4.6 million cases have been reported, with 154,002 deaths, according to the Centers for Disease Control.
ANNA MARIA ISLAND – As sea turtle nesting winds down this season, nesting statistics are down from last year’s record of 544 nests to 332 nests.
Among the possible reasons – COVID-19.
When the coronavirus arrived on the Island, Anna Maria Island Turtle Watch and Shorebird Monitoring Director Suzi Fox decided to sharply reduce the number of volunteers who walk the beaches finding and staking off nests and excavating them after they hatch to count the eggshells.
“We have to be safe,” she said, asking that beachgoers avoid approaching Turtle Watchers on the beach and call 941-778-5638 instead.
With a reduced workforce, Fox decided not to count turtle nests or hatchlings in the city of Anna Maria this year, only keeping statistics on Holmes Beach and Bradenton Beach nesting and hatching. The permit under which Turtle Watch operates does not require the organization to keep nesting statistics for beaches that are not renourished, she said, and Anna Maria is not included in the beach renourishment project now underway and scheduled to end in October or November.
Renourishment replaces sand on the beach that has been lost to erosion, protecting it from future erosion from storms, and protecting upland buildings and roads.
Nests laid on the bayside of the Island – which is also not being renourished – are not being counted either, and may account for another 50 to 60 nests, she estimated.
Turtles also may be avoiding nesting on the Island’s beaches when they sense renourishment activities, which includes heavy equipment working 24 hours a day under bright lights at night, when turtles nest. Sea turtles typically avoid lights, often returning to the Gulf of Mexico without nesting if they see lights from beachfront buildings, parking lots or streets.
While nesting is not approaching last year’s record, it is still above the 20-year average of 252 nests, according to Turtle Watch statistics.
Statistics on hatchings also are down from record numbers at the start of hatchling season, with 3,095 hatchlings documented so far as having made it to the Gulf from their nests. The record, set in 2018, is 35,788 hatchlings. The 20-year average is 13,123.
The renourishment project has necessitated relocating turtle nests in Holmes Beach and Bradenton Beach to one beach in Anna Maria unaffected by renourishment, but Fox said that should not affect the number of hatchings.
The hatchlings have three more months to go to catch up – sea turtle season lasts from May 1 to Oct. 31 on Anna Maria Island.
This week as I watched the tribute to John Lewis, the American politician and civil rights leader, being eulogized by past presidents of both parties, I was inspired anew by the message of this great American. Lewis encouraged people to speak up and more importantly do something when they see wrongs that need to be righted. While Lewis will be remembered for his bravery in the face of incredible hostility and hatred centered on human rights, I take his message to heart in the threat to our local waters and the habitat that supports it.
Water quality is a continuing problem in local waters. – Rusty Chinnis | Sun
The love of coastal habitats has played a defining role in my life. Memories and friendships forged while fishing have led to my determination to speak to others (like you). We need to marshal our resources to protect these irreplaceable treasures so that future generations might have the same opportunities we’ve had.
I’ve written often about the pressures on our fisheries and more recently about the insults that water quality and habitat destruction pose. Recently I’ve become even more alarmed at what I’m seeing on the waters that surround our homes. I fear that there’s actually a possibility of a collapse of the natural systems that support the fish we seek. If you live near the water you’ve experienced the massive blooms of lyngbya (a dangerous cyanobacteria) that have choked canals and boat basins in our island communities as well as the unprecedented bloom that recently blanketed the shore from Perico Bayou to Palma Sola Bay and beyond.
I’m no scientist but it doesn’t take a degree in biology to recognize that we are surrounded by troubled waters. Sarasota Bay Watch (SBW) was formed after the devastating harmful (red tide) algae bloom of 2005 that lasted for 13 months. SBW is involving citizens in the region in the health of our Gulf, bays and estuaries. The organization has done an excellent job through initiatives that seek to bring water-filtering shellfish back to healthy populations, remove fishing line from bird rookeries, remove trash and invasive plants from coastal islands and educate future stakeholders.
Other organizations like the Coastal Conservation Association (CCA), long champions of protecting fisheries stocks, have begun partnering with groups like SBW and supporting their efforts to stock clams in Sarasota Bay. They also have a robust program of raising and releasing redfish in an attempt to counter the effects of the even more destructive red tide bloom of 2018.
I have supported both organizations since their founding but recently had an epiphany. While I will continue to support groups that work to restore fish and bivalves, it dawned on me that if we don’t address the root problem, i.e. water quality, all other efforts will ultimately lead to failure. This realization led to my involvement with Suncoast Waterkeeper, an organization that addresses these issues. Through outreach, education and advocacy, Waterkeeper groups around the world defend communities against anyone who threatens their right to clean water, from polluters to unresponsive government agencies. The local group founded by Sarasota environmental attorney Justin Bloom has been effective in forcing municipalities from St. Petersburg to Sarasota to adhere to the laws set down in the landmark Clean Water Act. The legislation signed into law in 1972 establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. Locally the law has allowed Suncoast Waterkeeper to force municipalities to address and redress the release of wastewater that has raised nutrient levels in local waters to dangerous levels. Recently, some high-profile sewage spills in Manatee County and Longboat Key, exacerbated by antiquated infrastructure and exploding population growth have been front page news. Unfortunately, these releases are just contributions to a much larger problem. While the root of the problem is too many people, that is an issue that we must accept and find a way to ameliorate.
Recently both Sarasota and Manatee County have contributed millions of dollars to build a world class aquarium near I-75. While I understand the educational principle behind such a project, it seems to me that the money would be better spent fixing the infrastructure that is threatening our “natural aquarium.” Hopefully, we won’t be using aquariums to show our children and future generations what our natural waters “were” like.
Fortunately, it’s not too late to save these precious resources. Sarasota County, in a settlement with Suncoast Waterkeeper, is transitioning to an advanced wastewater system and committed to supporting clean water. To their credit, Manatee County commissioners recently approved a Conservation Referendum that will appear on the November ballot. Voting yes on the referendum would mean approving a property tax increase to create a conservation fund. This will cost the average homeowner about $29 a year, equivalent to 12 McDonalds hamburgers. The “Water Quality, Fish and Wildlife Habitat Preservation and Parks” funding will allow the county to issue bonds of up to $50 million.
Do your part by voting for proposals and leaders both locally and federally that support clean water and clean air. Check their voting record at the League of Conservation Voters www.lcv.org. Join with Suncoast Waterkeeper to help with local clean water initiatives at www.suncoast waterkeeper.org. Learn about Sarasota Bay Watch and its shellfish restoration program at www.sarasotabaywatch.org.
Next week, let’s go fishing when Reel Time on the Road goes to Dillon, Montana.
The news hasn’t been that great recently, but the one bright spot is the country’s housing market. Likewise, Manatee County’s housing market is shining almost as bright as the afternoon westerly sun, so let’s enjoy it while we have it.
According to Lawrence Yun, chief economist for the National Associations of Realtors (NAR), “the housing market is hot, red hot.” The NRA reported sales of previously-owned homes rose 20.7% in June over the prior month, the biggest monthly increase on record going back to 1968 – another first during these harrowing times.
In addition to soaring existing home sales, there are rising new home sales and an increasing amount of homebuilder activity. Much of this is being generated by the record low mortgage rates and a flood of mortgage applications. Young families are finally breaking out, looking for more space, taking another look at the advantages of living in the suburbs, and the wealthy are looking for second homes away from the chaos of the cities.
Also, according to the National Association of Realtors, the regions with the most activity were the west and the south, with the northeast having the least amount of activity. The most popular price point with the most increased sales nationally was between $250,000 to $500,000. Although Anna Maria Island’s price points are generally higher, Manatee County’s fits right in there also with strong sales numbers for June, as follows:
Closed sales of single-family homes in June increased 7.2% from June of last year, but the really interesting number is that Manatee County closed 668 single-family homes in June 2020 compared to May 2020 at 445 closings. The median sale price was $325,000 this June compared to $315,000 last June, 3.2% more. The average sale price for June was $419,373 compared to June last year of $397,987, a 5.4% increase.
Condo closings are also up 2.5% from June of last year. The June 2020 closings number is 250 compared to May 2020 of 150, again a tremendous increase. The median sale price was up 7.7% to $214,230 from June of last year and the average sale price was up 1% from June of last year to $238,556.
It appears that Manatee County is substantially gaining ground over both last year and last month, certainly the right direction if we can keep it up. However, the problem that plagues us is the availability of properties, which is down for both single-family and condos. Single-family month’s supply of inventory for June 2020 was only 2.6 months, down 27.8% from June 2019, which was already at a low point. Condos are down to a 3.8 months availability rate, down 7.3% from last year. A six-month’s supply of available homes has always been the optimum number to strive for.
Home sales numbers are a lagging statistic since properties generally go into contract a month or two before closing. Therefore, June’s numbers are probably a reflection of sales in April and May while most states were still locked down. That said, increasing home sales could have an enormous effect on the economy as a whole since the housing market typically accounts for between 15% and 18% of the U.S. economy. Construction of new homes, furnishings and renovations could play a big role in adding jobs and money to the economy.
Will this jump in home sales last? We can only hope the sun continues to shine on our little corner of the world, but for now, just be happy. Stay safe.
Updated Aug. 3, 2020 – ANNA MARIA – The Anna Maria City Commission has rejected Ugly Grouper LLC’s offer to lease the city-owned restaurant and bait shop buildings on the new City Pier.
Thursday night, the commission voted 3-2 in favor of rejecting the lease offer presented by Mike Ross, co-owner of the Ugly Grouper restaurant in Holmes Beach. The motion made by Commissioner Jon Crane and supported by commissioners Carol Carter and Amy Tripp also terminated those lease discussions and negotiations.
Although they shared many of the same concerns regarding the offer presented, commissioners Joe Muscatello and Mark Short opposed Crane’s motion and supported giving Ross and Mayor Dan Murphy two more weeks to continue their negotiations.
In the wake of the decision, the city’s immediate goal is to find a vendor to operate a bait shop and snack bar, while questions remain regarding the need for a full-service restaurant on the pier.
Ugly Grouper offer
Before Ross presented his offer, Murphy said the commission had four options:
Accept the offer as presented and develop a final lease agreement.
Reject the offer and continue the pursuit of a modified offer.
Reject the offer and terminate the lease negotiations.
Consider the offer, but delay taking any formal action.
Murphy noted the offer Ross was presenting was the result of the fact-finding discussions he and Ross engaged in since mid-May.
“I think we could have the bait shop and snack shop open this fall, with the restaurant right after that,” Ross said during his opening remarks, while participating by phone.
He then read aloud the two-page Ugly Grouper offer previously emailed to Murphy and the commissioners.
The floor plan submitted by Ugly Grouper LLC proposed a total of 162 seats. – City of Anna Maria | Submitted
The Ugly Grouper offer was accompanied by a floor plan and seating chart that proposed 162 total seats – 72 inside the restaurant, 46 in the covered, open-air breezeway and deck area just outside the restaurant building and eight outdoor bar seats along the side of the bait shop.
The floor plan proposed 36 additional seats in the uncovered common area on the deck behind the bait shop. Ross said that area could include a shade feature to be opened or closed depending on weather conditions.
Although not designated as fishing space, the floor plan indicated approximately 7 feet of mostly open space along the rear and side edges of the T-end deck.
Ross proposed a 10-year lease with four potential 10-year extensions. He proposed paying the city $14,000 per month in base rent – $4,000 less than the $18,000 offered in the group’s original response to the city’s request for proposals (RFP).
Based on an estimate from local builder Frank Agnelli, the Ugly Grouper offer proposed it would cost $1.02 million to complete the interior buildouts of the restaurant and bait shop buildings. Ross proposed the city pay $440,650 of that amount to cover the cost of air conditioning and heating equipment, electrical and plumbing outlets, drywall, flooring and walk-in coolers.
“City either pays Ugly Grouper $440,650 cash or credits Ugly Grouper in free rent for buildout of the restaurant – approximately 2.5 years free rent,” the offer sheet said.
Ross proposed initially paying the city $10,000 or $11,000 a month when business operations commenced and applying the remaining $3,000-$4,000 per month toward the city’s buildout costs.
Ross proposed his group pay 25% of the maintenance and cleaning expenses for the pier and the public restrooms.
Ross requested 64 parking spaces. He said the number of seats were more important than the number of parking spaces.
The Ugly Grouper offer proposed the city carry hazard and property insurance for the pier and pier building exteriors that covered the perils of fire, wind, hurricane damage and loss of income by the tenant. Ross said his group would carry a $1 million general liability policy and an additional liquor liability policy.
Commission response
Carter said the offer Ross presented was “quite different than the one we saw earlier.”
She then said, “Why have you increased the seating to this extent? We were familiar with about half that number previously. I am very concerned with this number of seats. The way you’ve laid them out doesn’t allow for a fishing pier and a public pier. It’s all restaurant,” Carter said.
Commission Chair Carol Carter expressed concerns about the number of seats requested. – Joe Hendricks | Sun
Ross said the proposed number of seats would create a “win-win” scenario that provided the revenue needed for the restaurant operations and the rent revenue sought by the city. He also said having less than 150 seats would require a more expensive liquor license that costs $350,000.
Murphy said he thought previous pier tenant Mario Schoenfelder was licensed for 70 to 80 seats.
During the meeting, Ross said he just received a text message confirming that Schoenfelder operated with 120 total seats.
“126 is our ask right now, with 36 public seats,” Ross told the commission.
General Manager Thad Treadwell later told The Sun that Schoenfelder operated with 96 inside seats and 24 outside seats.
On Sunday, Schoenfelder sent Murphy an email disputing those claims.
“TCPR Inc. operated 72 seats inside plus five seats at the bar – total 77 seats inside,” Schoenfelder’s email said.
Schoenfelder told The Sun in an email that he had an additional 25 outdoor seats, for a total of 102 seats.
During Thursday’s meeting, Ross said he was open to crunching the numbers to see what could be accomplished with fewer seats. He asked the commission if there was a hard line on the number of seats, but that number was not provided.
Tripp said the city carrying an insurance policy that covered the tenant’s loss of income did not sit well with her. Muscatello suggested it would be expensive and consume a significant portion of the city’s rent revenues.
Short compared the negotiations to buying a car and said, “The dealer tells you X, you come with Y and there’s some back and forth.”
Regarding the offer presented, Short said, “Are there surprises? Certainly, there are a lot of surprises. I’ve also heard a willingness to continue discussions to try to hone in and deal with some of the things I think we all have concerns about.”
Muscatello supported allowing the negotiations to continue for two more weeks, but he also questioned the need for a pier restaurant. He suggested that space might be better used for educational purposes by partnering with Mote Marine.
Public input
During public input, Bob Carter said the city already invested millions of dollars in the new pier and the RFP stated the pier tenant would be provided with empty shells that included roughed-in plumbing and electrical.
Carter shared his wife’s concerns about the additional seating. He said the pier is a public space to be shared by visitors, people fishing and restaurant patrons.
“When I looked at this plan, it looks like we built this for a restaurant,” Carter said, noting he’d be happy with a restaurant that only had a beer and wine license. “I urge the city not to accept this as is.”
The Ugly Grouper floor plan proposed that 36 additional seats be placed on the deck area behind the bait shop. – Joe Hendricks | Sun
Former City Commissioner Doug Copeland participated in much of the pier replacement decisionmaking that occurred before he left office in December.
“I’m very disappointed,” Copeland said of the offer presented.
Copeland said the offer did not reflect what was proposed in the group’s original RFP response. He noted the RFP plainly stated the pier tenant was responsible for the interior buildouts and he encouraged the commission to reject the offer.
Post-meeting comments
After the meeting, Murphy commented on the commission’s decision.
“I support the commission’s decision because I think at some point in the future the city will be in a better position to rent that space out. Financially, we’re in good shape. We reconstructed that pier debt-free. That pier is totally paid for. If we had debt with that pier it would be a completely different picture. I think this presents an opportunity for the city to look at other alternatives,” he said.
“I think it was made clear that we don’t need to have a restaurant. But we do need something, and we need it quickly,” Murphy said regarding a bait shop and snack shop that offers a limited menu. “I’m going to pursue that vigorously.”
On Friday, Treadwell provided a statement.
“We appreciate the opportunity to work with the commission and Mayor Murphy on this project to reopen the Anna Maria City Pier bait shop and restaurant. We are disappointed we weren’t able to extend negotiations another week to clear up some miscommunications to try to reach an agreeable deal and open this fall. We are excited to see the historic City Pier reopen and will support whoever the new tenant will be,” Treadwell said.
Friday evening, Murphy sent commissioners an email regarding the pursuit of a bait shop/snack shop vendor.
Mayor Dan Murphy is now in the process of preparing an RFP for a bait shop/snack shop operator. – Joe Hendricks | Sun
“As a result of our meeting last night, I was given direction to explore the provision of takeout food and beverage service from the bait-shop/snack bar on the City Pier. Accordingly, we are in the process of preparing an RFP to solicit bids for that type of service. This should be finalized and ready for your review in the next seven to 10 days, or less,” Murphy wrote.
“Since our meeting last night, four local restaurateurs have contacted the city and expressed a keen interest in providing takeout food and beverage service from the bait shop facility. Our intent is to solicit bids from any and all interested parties once the RFP is prepared and approved. In the meantime, please send any of your concerns, ideas or points of interest which you would like included in the RFP,” Murphy wrote.
