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Year: 2024

Volunteers clean up Bowlees Creek

Volunteers clean up Bowlees Creek

This past Saturday, I attended Suncoast Aqua Venture’s large-scale cleanup of Bowlees Creek, a 4.8-mile stream in Manatee County just north of the Sarasota-Bradenton International Airport.

This body of water is located within the Sarasota Bay watershed and drains a large area of Sarasota and Manatee counties.

The event, in partnership with Keep Manatee Beautiful and the Sarasota Bay Estuary Program, was headquartered at the Bahia Mar West Marina and hosted by owners Willy and Aubry Petrat. Other partners included Suncoast Waterkeeper, Sarasota Bay Watch and Oyster River Ecology.

The marina is a unique location on Sarasota Bay that has private and public slips (first come, first served), a large tiki hut and many other amenities. The area of the cleanup included upstream within U.S. Highway 301 and State Road 70 boundaries, and downstream to the mouth of Sarasota Bay, including Bowlees Island.

Cheryl Huntsinger, vice president of Suncoast Aqua Ventures, said, “A major goal of today’s event was to get trash from upstream areas before it made it to the creek flowing downstream into Sarasota Bay.”

During the event, over 70 volunteers used pontoon boats, kayaks, paddleboards and small jon boats and collected over 1,600 pounds of debris The event was well-timed after recent rains. Following the cleanup, Suncoast Aqua Ventures and Bahia Mar West Marina held a cookout at the marina’s tiki hut.

Suncoast Aqua Ventures was created by a handful of friends in 2016 who were concerned about trash and debris in our waterways. They created a one-of-a-kind competitive event called The Reef & Beach Cleanup and gave cash and prizes in numerous categories to teams who competed. They structure all activities to be fun, family-friendly events. To date, their events have collected over 100,000 pounds of marine debris from our waterways. Their volunteers come from all ages and all walks of life and include water enthusiasts, kayakers, fishermen, scuba divers and anyone who has a passion for our beautiful aquatic ecosystem.

Their next event will be a cleanup of Perico Bayou and northern Palma Sola Bay, one of my favorite locations and close to Anna Maria Island. I encourage readers to sign up and participate in one of these events. You’ll make new friends, be surrounded by like-minded volunteers and go away knowing you left our local waters better than you found them.

For information on the upcoming Perico Bayou cleanup, visit the Suncoast Aqua Ventures website. Watch the video here.

Sarasota brunch restaurant to take place of local favorite

Sarasota brunch restaurant to take place of local favorite

HOLMES BEACH – The community said goodbye last week to Peach’s Restaurant, a long-time Anna Maria Island staple for breakfast and lunch on East Bay Drive.

The restaurant’s doors officially closed at the end of service on Sunday after landlord Benderson Development opted to not renew the lease on the space in the Anna Maria Island Center in May as well as the lease on the Peach’s location in Ellenton.

The announcement came on Peach’s social media pages on May 21 with management at the Holmes Beach location stating that Benderson said they were moving in a different direction for the shopping plaza.

That direction is The Toasted Mango Café, a breakfast and lunch restaurant similar to Peach’s business model, with two locations in Sarasota and Siesta Key. While Benderson has not responded to requests for comment, the news of the new tenant was confirmed when a woman who said she was an owner of The Toasted Mango approached diners and servers at Peach’s in Holmes Beach on June 5. Customers flocked to social media to state that she offered diners coupons to use when The Toasted Mango opens in Holmes Beach and offered to recruit servers.

“Well, that guarantees that Toasted Mango will never get my business,” Angela Pollock said on the Peach’s Holmes Beach Facebook page.

“I was quite turned off that a lady stating she was an owner of Toasted Mango in Sarasota was in my favorite restaurant attempting to hand out business cards or coupons to all the guests as well as asking the servers if they wanted to stay in this location and work for her,” Jenna Baird said. “Myself and several other guests were all just stunned that she would come into a fellow business – same breakfast and lunch – and do this, especially given the unfortunate circumstances of Peach’s being pushed out of the center by Benderson. Peach’s has been here in our communities far longer than The Toasted Mango and this is a terrible way for her to ‘attempt to promote’ taking over the location.”

“We don’t understand,” Peach’s Chief Financial Officer Jennifer Hester said. “What we were told was that they were moving in a different direction, however, putting the exact same type of restaurant in our place doesn’t seem to be a different direction. It is sad finding out who was coming in behind us this way.”

Peach’s held a thank you party for the community last Friday.

Though two locations are now closed, Peach’s still has four locations with the closest to Holmes Beach located at 5240 State Road 64 E. in Bradenton.

The company’s management said they’re still looking for a new location for the Holmes Beach restaurant, which opened in 2001, and are meanwhile committed to moving staff from the two closed restaurants to one of the four open locations.

No opening date has been given for The Toasted Mango Holmes Beach location. Peach’s lease in the space officially ends on June 30.

School zone changes approved

School zone changes approved

HOLMES BEACH – Commissioners have approved changes for the school zone in front of Anna Maria Elementary School, but drivers won’t notice them until school begins on Aug. 12.

A new ordinance will expand the school zone by 300 yards – 200 to the south and 100 to the north. The area will be restriped and flashing signs will be moved to alert drivers of the lowered speed limit during school hours in the mornings and afternoons.

A no-cost camera system also will be installed by Blue Line Solutions to catch speeders through the school zone during the same hours before and after school when children are likely to be crossing the street. At a previous public hearing, Holmes Beach Police Chief Bill Tokajer said the camera system would only be used to catch and issue tickets to speeders during times when the flashing beacons are in use to indicate an active school zone.

In the agreement with Blue Line, the city could choose to either pay a service fee to the company of $25 per ticket, taken out of the ticket cost to a speeding driver, or lease the camera system. In messages to The Sun, Tokajer said the city had chosen the service fee agreement.

Once the system is active, he said speeding tickets during school zone hours will cost drivers $100 with $25 of that going to Blue Line, $40 to the city, $20 to the state of Florida, $12 to a school fund and $3 to the Florida Department of Law Enforcement’s criminal justice training program. A nominal processing fee of $4-5 may also be charged by Blue Line for processing credit card payments.

Loggerhead, least tern nests weather heavy rains

ANNA MARIA ISLAND – Both loggerhead sea turtle and least tern nests fared well during last week’s heavy rains, according to Anna Maria Island Turtle Watch and Shorebird Monitoring.

“The storm was pretty harsh but most of our sea turtle nests survived and are still incubating for a good hatch,” according to a June 14 email from Turtle Watch.

Turtle eggs in nests that are washed over by the Gulf of Mexico for long periods can drown.

Loggerhead sea turtles are a federally threatened species. Least terns are a threatened species in Florida.

A colony of nesting least terns on Bradenton Beach is thriving, with the first chick hatching on June 14.

Turtle Watch officials offer the following reminders to beachgoers:

• Keep your distance. If birds become agitated or leave their nests, you are too close. A general rule is to stay at least 300 feet away from a nest. When birds are chased or disturbed they use energy they need to nest and care for their young.

• Respect and avoid posted areas.

• Pets are not allowed on Anna Maria Island beaches.

• Keep the beach clean and do not feed wildlife as food scraps attract predators such as raccoons and crows.

• If you see people disturbing nesting birds, gently remind them how their actions may hurt birds’ survival. If they continue to disturb nesting birds, please call and report their activities to FWC’s Wildlife Alert hotline at 888-404-FWCC (3922).

Sea Turtle Conservancy to release turtle

Sea Turtle Conservancy to release turtle

ANNA MARIA ISLAND – The Sea Turtle Conservancy plans to release a satellite-tagged loggerhead sea turtle after it nests on Anna Maria Island as part of the annual Tour de Turtles event.

The release is scheduled on Monday, June 24 at 8:30 a.m. with a backup date of Tuesday, June 25, depending on when a turtle nests. The location will be announced on the morning of the release on the Sea Turtle Conservancy Facebook page and its website at https://conserveturtles.org/.

Attendees are encouraged to come early to see the nesting turtle and talk to the turtle team. In previous years, the release has taken place on Coquina Beach.

The Conservancy is partnering with Anna Maria Island Turtle Watch and Shorebird Monitoring and Hurricane Hanks for the release.

The Tour de Turtles follows the migration of sea turtles from their nesting beaches to their foraging grounds from the time of their release until the end of October, the end of turtle nesting season.

The launch of the Tour de Turtles corresponds with World Sea Turtle Day on June 16, the birthdate of Conservancy founder Dr. Archie Carr.

Tourist tax increase one step closer to ballot

Tourist tax increase one step closer to ballot

ANNA MARIA – The Manatee County Tourist Development Council (TDC) again discussed raising the tourist tax at its June 10 meeting at The Center of Anna Maria Island.

A revised Manatee County ordinance would include a measure to increase the 5% tourist tax, often referred to as the bed tax, to 6% on the general election ballot in November to be considered by voters.

The increase was unanimously approved by the TDC at its April 15 meeting. The TDC is a recommending board to the Manatee County Commission.

County commissioners were set to vote on increasing the tax at their April 23 meeting, but the item was removed from the agenda due to a recent change in state law that requires voters to approve the increase.

“So, what happened was we met the revenue criteria for calendar year 2023,” Bradenton Area Convention and Visitors Bureau Executive Director Elliott Falcione said. “The short-term rental tax has to generate $30 million and we generated $30,091,000, making us eligible to increase the tax from 5% to 6%, which is the maximum allowed in Florida.”

Falcione said after meeting the criteria, they sent a request through the county’s Office of Financial Management to the Florida Department of Revenue, which had to issue a letter certifying that the county had met the required criteria. The letter was issued and the county attorney’s office staff drew up a new ordinance at 6%.

“On the Friday before the Tuesday, April 23 BCC meeting, the Department of Revenue notified the county that the Florida Statute on tourism changed in 2023,” Falcione said. “It now requires any additional bed tax levy to go through a referendum process and can no longer be voted on by the BCC. It took the vote out of the hands of the BCC and now requires the residents to make the decision by a vote.”

Once the county was made aware of this change, the vote was removed from the commissioners’ April 23 agenda.

Falcione said that Manatee County would be the first county in Florida to be subject to this new law, as no other county has reached the required criteria to increase the tax since the change was made. He said he believes had another county hit this roadblock before Manatee, word would have reached his office and the TDC would not have moved forward with a recommendation to the commission.

Discussions continued and a plan was formed at the June 10 TDC meeting.

“Since we were notified about the changes, the county attorney’s office revised the ordinance to apply the new state law,” Falcione said. “That extra 1% will generate $7-8 million dollars for the community. It’s important that me, as your director, continues to educate the residents about the value of tourists and the value of the tax. I need a recommendation today so we can present this to the board of county commissioners and hopefully, they can vote on it by late July. They would then be able to put this on the general election ballot in November.”

Falcione told the TDC that they would then need to register with the Supervisor of Elections by Monday, Aug. 19 to be on the ballot. He also said that if they did not meet the deadlines, or it made the ballot and failed, it would have to wait two years, because the increase is required to be on a general election ballot.

TDC member Jiten Patel brought up concerns about how they would educate the voters on the increase.

“When voters see a tax on the ballot, they don’t want to see an increase,” Patel said. “When we educate them on the ballot, that might impact their decision.

TDC Chair Ray Turner responded to Patel, explaining that he and Falcione had discussed that concern.

“Elliott and I have talked about this, and Elliott has a plan for that,” Turner said. “If a regular resident that’s not up on all these details sees an increase in taxes, they will automatically assume it’s at a cost to them. In this particular case, it’s a real benefit to residents.”

Falcione said he’s statutorily handcuffed and can’t place ads to “sell” the tax increase, but the TDC, county commission, chambers of commerce, local businesses and others with influence in the community can help educate the community. Falcione also doubled down on a statement he made at the April 15 TDC meeting, as well as when he spoke to The Sun about the issue in May.

“There are no plans to market the destination harder with this additional money,” Falcione said. “Shame on me if I ever did that, but you won’t have to worry about that because it won’t happen.”

Falcione said the additional money from the tax would go to community improvements, not bringing more people to the area, especially to AMI, which he admits at certain times of year is at capacity.

Falcione explained where the money goes and how it benefits both visitors and residents by offering maintenance, upgrades and marketing for the following and more:

• Coquina Beach parking lot

• Bridge Street Pier and Anna Maria City Pier

• Grassy Point Preserve

• Anna Maria Bayfront Park

• Beach renourishment (currently 1% out of the total 5%)

• Cortez Village Historical Society

• Myakka History Center

• Bradenton Area Convention Center

• Bishop Museum

• Manatee Performing Arts Center

• Premier Sports Campus

• The Sarasota Bradenton Airport (SRQ) partnership

• Gulf Islands Ferry (water taxi)

The TDC approved the recommendation unanimously and it will be sent to the county commission for a vote.

Data shows tourism drop after spring break

Data shows tourism drop after spring break

ANNA MARIA – Tampa-based Research Data Services (RDS) consultant Ann Wittine presented her state of tourism update to the Manatee County Tourist Development Council (TDC) on June 10, pointing out the latest available statistics related to the tourism industry in Manatee County from April 2024.

Total visitors and economic impact were down compared to April 2023, as well as room nights spent, with 91,500 visitors (-6.4%), 203,300 room nights (-7.9%) and $134,036,500 in economic impact (-6.9%).

“I want to peel back the onion a little bit,” Wittine said. “Partly, these numbers are down because last year Easter was April 9 and this year it was March 31, and that does impact April business. Having that early Easter compresses business into March and we saw a very good March this year.”

Wittine added that if these numbers are compared to pre-COVID 2019, there is a 43% increase in visitors, a 37% increase in room nights and a 65% increase in economic impact.

Room occupancy for April was down slightly (-3.4%). The average daily room rate was also down from $265.70 per day in April 2023 compared to $260.62 in April 2024.

RDS also keeps track of where visitors are coming from when they visit the area. The largest increase in any visitor origin domestically is Florida, which is up only .5% over the same period in 2023. All other regions of the U.S. are down, with the Northeast being the largest drop at -14.6%. The only visitor origin with an increase was Europe, which was up 12.3% from April 2023.

Wittine says she forecasts a summer where the numbers go down slightly. RDS does extensive surveys with people who have shown interest in visiting Manatee County, many of whom will be coming to AMI, and she is beginning to see a trend of people concerned about rising prices for travel to the area.

RDS’s fiscal year-to-date (October-April) numbers are close to their projections. At 625,600, total visitors are down 3.3% and, at $1,140027,800, economic impact is up 0.3% from the same period a year ago. Wittine has said many times that a great deal of the large increases in visitors and economic impact since pre-COVID 2019 are directly related to Sarasota-Bradenton International Airport (SRQ) adding dozens of new direct flights from all regions of the country.

TDC supports Holmes Beach path funding

TDC supports Holmes Beach path funding

Superintendent of Public Works Sage Kamiya was back in front of the Manatee County Tourist Development Council (TDC) at its June 10 meeting. He was there to answer questions and concerns previously brought up by TDC members after his initial presentation requesting tourist tax funding for a city-long multimodal path at an Aug. 21, 2023 meeting.

Kamiya noted that there is a path for walkers and bicyclists that runs along a portion of Marina Drive, but it needs improvement. The proposed new path would begin around the 2800 block of Gulf Drive and continue almost the entire length of the city to where Gulf Drive and Marina Drive merge in the 8000 block. The proposal calls for the path to be separated from the road by a grassy buffer area to keep people using the path separated from the road, improving safety.

At their last presentation to the TDC, city officials estimated the budget for the entire project was $2,436,727 with half of the money going to the Gulf Drive path improvements ($1,293,238) and the remainder designated for Marina Drive path improvements, engineering design, flashing crosswalks and educational signage. Kamiya told the TDC that the path improvement plan would be implemented in phases, with the first phase focusing on the city center area on both Gulf Drive and Marina Drive. The phase 1 estimate is $1,133,401, with $399,460 coming from the city of Holmes Beach and the remaining $733,948 being requested from the TDC.

Rather than approve or deny the funding at the Aug. 21 meeting, the TDC unanimously chose to have the matter brought to a future meeting in hopes of getting answers to questions multiple board members had, such as whether or not the path would eliminate public parking spots, which side of the street the path would be built on and a more specific timeline, among other concerns and questions. The TDC discussed the request at both the Oct. 16, 2023 and Dec. 4, 2023 meetings, but still had questions.

According to Kamiya, because of the delay, Holmes Beach decided to use funds set aside for phase one of the project for other city projects, so the numbers have changed since it was last discussed. The Florida Department of Transportation (FDOT) has recently started the Project Development and Environment (PD&E) Barrier Islands Complete Streets Improvements Study. This study includes the evaluation of multimodal alternatives for State Road 789, County Road 789, Marina Drive and Palm Drive in Holmes Beach.

Kamiya told the TDC that his hope is the PD&E study will provide funding that will take some of the financial weight off the amount the city is requesting from the county’s tourist tax dollars.

“We did get an FDOT letter to support the project,” Kamiya said. “This makes sense from their perspective because they do want to improve safety. There’s been several fatalities along the roadway, so that’s been our push for this.”

Kamiya went on to ask the council if they would back a portion of the proposal that would not be funded by the PD&E study. He said that amount would be around $500,000. Kamiya also noted that the study doesn’t initially carry construction money with it. The funds would be for design and planning, and when it is time for construction, funding through the study as well as the county would have to be discussed further.

TDC member and Bradenton Mayor Gene Brown had concerns about this project at each of the previous two meetings in which this was discussed and was the first to speak up with more questions this time around.

“I’ve been one that’s said all along that it’s important to do the whole Island if we’re going to do anything,” Brown said. “I do have a question; you’ve asked Rep. Buchanan for $2.24 million dollars for a multimodal path along Gulf Drive and Marina Drive. What is that money to be slated for?”

Kamiya responded saying the actual amount requested was $2.9 million and, because the PD&E study does not include construction money, those funds requested would be used for just the multimodal path along Gulf Drive. He added that the $2.9 million would only pay for part of the project and further funds would have to be found to complete the entire project. Kamiya also made it clear that the study funds would only be for the Gulf Drive portion of the project, not Marina Drive or any remaining portions.

Mayor Brown countered, saying he still did not support the request because too many questions remained and he thought the proposal was confusing and incomplete without solid details. Brown also said he was not pleased that Holmes Beach Mayor Judy Titsworth was not in attendance for what he saw as a very important meeting. He believed it was not in the best interest of the city to request such a large sum of money without a mayor or vice-mayor in attendance.

Minutes before the TDC took a vote on the request, the discussion took a turn toward the Gulf Island Ferry having a docking place in Holmes Beach. TDC members discussed whether an existing docking location could be improved to support the ferry or the possibility of a new dock being built somewhere in the city. With the stipulation that the possibility of the ferry landing in Holmes Beach be added to the request, the TDC voted unanimously to send the recommendation for $500,000 to Manatee County commissioners.

TDC recommends $75,000 for ferry marketing

TDC recommends $75,000 for ferry marketing

ANNA MARIA – During the Manatee County Tourist Development Council’s (TDC) June 10 meeting at The Center of Anna Maria Island, TDC members supported more marketing efforts for the Gulf Island Ferry.

The service runs from downtown Bradenton to the Anna Maria City Pier and the Bradenton Beach Pier. TDC member and Bradenton Area Convention and Visitors Bureau Executive Director Elliott Falcione gave the TDC an update on how the ferry service is progressing.

“It’s been exciting. I think our communications manager rode out to the Island yesterday and the ferry was full,” Falcione said. “We’re doing really well with the water ferry running Wednesday through Sunday, and we’ll continue that through the month of June. The goal is to run it 12 months a year. We’ll see how that goes.”

Falcione said that Research Data Services, which provides the TDC with tourism data and statistics, said that a Memorial Day survey of beachgoers showed 60% were aware of the ferry. He said they are still learning month-by-month through surveys. He told his staff that they should be in the public’s face in the region with tourists, then requested an additional $75,000 from tourist tax funds for marketing the water ferry. Falcione said some of that money would be for a local survey and a brand awareness campaign that would give the ferry a push through the end of summer into fall.

“My wife and I live at the end of the dock in Bradenton, and we sit and look out the window and wait for the water ferry to come back,” Bradenton Mayor and TDC member Gene Brown said. “It is unbelievable to us because it’s a 49-seat boat, and we see 49 people get off and 49 people get on.”

The motion to approve the recommendation for the $75,000 was passed unanimously and will be forwarded to the Manatee County Board of County Commissioners for final approval.

County Commission approves third ferry

Commission approves third Gulf Island Ferry boat

MANATEE COUNTY – County commissioners have approved a $3 million budget amendment to fund the purchase of a third Gulf Island Ferry boat.

On June 11, Bradenton Area Convention and Visitors Bureau Executive Director Elliott Falcione presented the funding request to commissioners for the purchase of a 60-foot, partially enclosed, 93-passenger boat to expand the Gulf Island Ferry fleet to three boats.

The budget amendment also provides additional funds for the current ferry service operations between the Riverwalk Day Dock in downtown Bradenton, the Anna Maria City Pier and the Bradenton Beach Pier.

County Commission approves third ferry
BACVB Executive Director Elliott Falcione presented the funding request on June 11. – Manatee County | Submitted

Falcione hopes to present a purchase order for commission approval in late June before the commission takes its annual summer recess.

Falcione noted the Gulf Island Ferry service began on Jan. 12 with two 49-passenger, open-air pontoon boats and is now operating Wednesday through Sunday, at least through June. The county and the contracted ferry operators will take a month-by-month approach to scheduling during the slower summer months.

Falcione said the pontoon ferries are currently carrying more than 200 passengers a day and carried 14,000 passengers between the initial launch and the end of May.

Regarding the initial purchase of the two pontoon boats, Falcione said, “We had to figure out if the mainland to the Island (route) would work. We always knew the hopper service up and down the Island would work. If the mainland to the Island didn’t work, we would still use those pontoon catamarans out on the Island.”

When addressing the need for a larger boat to handle the river run between downtown Bradenton and the City Pier, Falcione said, “We have suspended 41 days due to wind chop on the Manatee River going out to the mouth of the river. That 41 days is a loss of about 11,000 passengers.”

He noted ferry service at the City Pier has been suspended 10 times due to water currents and other factors.

When presenting a diagram of the proposed vessel, Falcione said 67 seats will be enclosed with air conditioning and heat, two wheelchair spaces, an ADA-compliant restroom and 24 additional open-air seats.

County Commission approves third ferry
This diagram illustrates what the county desires as a third ferry boat. – Manatee County | Submitted

“It’ll be heavier. It’ll be a little bit faster. It should mitigate 60-70% of the weather that we’re dealing with today. The frustrating thing is, if you approve this today, it’s going to take a year to build,” he said.

The larger enclosed ferry will operate between downtown Bradenton and the Anna Maria City Pier – or the Bradenton Beach Pier if conditions require doing so. The two pontoon boats will then operate between the two Island piers and eventually to one of the county boat ramps near Coquina Beach.

The county plans to apply for a federal transportation grant that would cover 80-85% of the funds needed to purchase a second enclosed ferry boat a year or so after the first enclosed ferry boat arrives. County staff has also been directed to eventually implement a ferry stop near the convention center and new Marriott hotel in Palmetto.

Regarding the ferry service becoming a plausible transportation option for Island employees who live on the mainland, Falcione said the long-term goal is to have an express ferry service that leaves for the Island at 7 a.m. and returns around 5 or 6 p.m. with regular ferry service and MCAT buses augmenting the express service.

“We’ve got to figure out a way to not charge the employees to incentivize them to ride the service. We’ll get there and we might be able to find a sponsor,” he said.

For tickets, schedules and other information, please visit the Gulf Island Ferry website.

Judge suspends Form 6 disclosure requirements

Judge suspends Form 6 disclosure requirements

FLORIDA – U.S. District Court Judge Melissa Damian has issued a temporary injunction that suspends the Form 6 financial disclosure requirements imposed on Florida mayors and city commission members earlier this year.

As a member of the U.S. District Court for the Southern District of Florida, Damian issued the temporary injunction on June 10.

“During its 2023 session, the Florida Legislature passed, and the governor later signed into law, SB 774, which amended sections 112.3144 and 112.3145, Florida Statutes. As of Jan. 1, 2024, SB 774 applies to mayors and other elected (and appointed) members of the governing bodies of municipalities,” Damian stated in her written ruling.

County commissioners, state legislators and certain other office holders have long been subjected to the Form 6 financial disclosure requirements and they remain subject to those requirements.

Administered and enforced by the Florida Commission on Ethics, annual Form 6 filings require the detailed disclosure of net worth, earnings, income sources, stock holdings, tangible assets worth more than $1,000 and debts.

Before the expanded Form 6 requirements took effect Jan. 1, more than 100 Florida mayors, city commissioners and city council members resigned, including Bradenton Beach City Commissioner Jake Spooner and Longboat Key Town Council member Debbie Murphy. The impending Form 6 requirements also led to the withdrawal of three Anna Maria City Commission candidates.

LAWSUIT UNFOLDS

In January, Fort Lauderdale-based attorney Jamie Cole reached out to city attorneys statewide seeking plaintiffs to join the Form 6 lawsuits to be filed by the Weiss-Serota law firm.

The Anna Maria, Bradenton Beach and Holmes Beach commissions declined the opportunity to join the Form 6 lawsuits as plaintiffs for a $10,000 flat fee. Despite not joining the lawsuit, the Island mayors and commissioners join those statewide who are temporarily relieved of the Form 6 disclosure requirements.

In February, Cole’s law firm, Weiss-Serota, filed separate state and federal lawsuits challenging the Form 6 financial disclosure requirements being imposed on municipal officials. The lawsuits name Florida Commission on Ethics Chair Ashley Lukis and six additional Florida Commission on Ethics members as defendants.

On March 22, the law firm filed with the federal court an expedited motion for preliminary injunction. On April 22, Damian presided over the evidentiary hearing that led to her granting the temporary injunction.

“Plaintiffs seek a preliminary injunction enjoining enforcement of Florida’s Senate Bill 774 on grounds the law impermissibly compels content-based, non-commercial speech in violation of the First Amendment of the United States Constitution. After conducting a hearing and careful review of the record, and for the reasons set forth below, the court concludes that entry of a preliminary injunction is warranted,” Damian stated in her ruling.

Damian’s ruling notes that prior to Jan. 1, municipal officials and candidates were required to file the less intrusive Form 1 disclosure form that requires the disclosure of major income sources, but not the amounts earned, and the disclosure of intangible personal properties, real properties and liabilities valued over $10,000.

“After conducting a hearing and careful review of the record, the court concludes that entry of a preliminary injunction is warranted,” Damian stated in her order. “A review of the record reflects the state enacted SB 774 without giving serious consideration to whether the government interests at stake could be addressed through less burdensome alternative means. It is not apparent from the record that a change from the Form 1 requirement to the Form 6 requirement was necessary, nor that SB 774 is substantially related to the state’s identified interests.”

The ruling notes the plaintiffs succeeded in establishing that SB 774 impermissibly compels content-based speech in violation of the First Amendment.

RULING REACTIONS

When contacted by The Sun on June 12, Cole said, “We are very pleased with the entry of the preliminary injunction. The Form 6 requirement is the most intrusive financial disclosure anywhere in the United States, stricter than even the one required of the president of the United States. The quintessentially personal information that must be disclosed has nothing to do with the elected officials’ job duties and are not elements of any ethics violations. As noted by the judge, the Form 1 disclosures for municipal elected officials have worked fine for the past 50 years and there was, and is, no evidence showing that the Form 6 disclosures were necessary.”

Judge suspends Form 6 disclosure requirements
Attorney Jamie Cole helped initiate the federal lawsuit. – Weiss-Serota | Submitted

When asked if the preliminary injunction bodes well for the permanent invalidation of the Form 6 requirements for city officials, Cole said, “This is a good first step towards the ultimate relief we are seeking in the lawsuit, which is the invalidation of SB 774 and a permanent injunction against its enforcement.”

When asked about an estimated timetable for a permanent injunction, Cole said, “We do not have a timetable in place, but the preliminary injunction protects the plaintiffs and all other elected municipal officials during the pendency of the lawsuit.”

On June 10, Anna Maria City Attorney Becky Vose sent Mayor Dan Murphy an email informing him of the ruling and its impact on the Anna Maria mayor and commissioners: “It is, in my legal opinion, a well-reasoned opinion and is supported by applicable case law and relevant facts. As a result of the injunction which applies state-wide, you will not be required to file Form 6 until further notice.”

Holmes Beach Mayor Judy Titsworth said, “I am pleased with the injunction. It is highly intrusive for elected officials in small governments to file this information each year.”

Holmes Beach Commission Chair Terry Schaefer said, “The injunction is relief for those who had not yet filed, as they can revert to Form 1. This may encourage additional small city candidates to run. I appreciate the ruling as it challenges the necessity of the bill. However, I’m certain there will be a corrective bill next session to address the judge’s concerns.”

Tingley Library to be tented for termites

Tingley Library to be tented for termites

BRADENTON BEACH – Commissioners approved termite tenting at Tingley Memorial Library on June 6.

“We have to tent,” said Bradenton Beach Police Chief John Cosby, who is also acting as interim Public Works Director. “A few years ago the library had some termite infestation and Tom (former Public Works Director Tom Woodard) brought the proposal to have it tented and it was denied and the termite company did some treatment and they’re back.”

Cosby said termites are in the walls and digging up under the baseboards of the building.

He recommended the commission approve additional inspections at an annual cost of $1,220 every year for four years.

“That wood is aged enough and has had enough humidity from being out on the Island,” Cosby said. “We’ve had conversations about salvaging it and raising it for enhanced parking and doing some improvements. If we don’t keep up with it there may not be anything.”

He said the books also need to be protected from termites.

Commissioner Jan Vosburgh said she did not go along with the add-on option.

“I agree we should tent it, but I think the other is a waste of money,” Vosburgh said.

“It’s an inspection and a treatment,” Cosby said. “It’s the spot check and if they get it, we don’t wind up where we’re at now.”

“They’re going to tell you as soon as they remove the tent you can get termites right away,” Mayor John Chappie said. “I’m ready to vote for the tenting, but I am concerned about the other.”

Commissioners unanimously approved the $6,100 bid from Cloud Pest Control but did not approve the annual inspections.

The Tingley Memorial Library was built in 1994. The non-profit corporation is independent of the Manatee County library system and was funded originally by benefactor Beulah Tingley.

Holmes Beach City Hall

Holmes Beach election race begins

HOLMES BEACH – Qualifying is over, and the race has officially begun for two city commission seats and the position of mayor. With challengers in each race, no incumbent is safe this year.

Incumbent Mayor Judy Titsworth will face off with newcomer to the Anna Maria Island political scene, Michael John Roth. Current Commissioner Dan Diggins will oppose Steven Oelfke, Bill Romberger and former Manatee County Commissioner Carol Whitmore for one of two open spots on the city commission dais. In the commission race, the top two vote-getters will take the open seats. Commissioner Greg Kerchner opted not to run for re-election in November.

MAYORAL CANDIDATES

MICHAEL ROTH

Roth is a Tampa businessman and newcomer to Anna Maria Island politics. His political website, www. ILikeMikeForMayor.com, states that his attachment to Manatee County began with his family being members of the Bradenton Yacht Club since 1972. According to his website, he has been a property owner in Holmes Beach for over 20 years. Property records show that his property was homesteaded in 2021.

Roth’s residential property in Tampa is listed as the address for his business, Archangel Technologies, a commercial and government contractor dealing with healthcare staffing, oncology, medical physicists and business and financial consulting. His wife, Casey, is listed as his business partner. His political website also states that Roth is a veteran, having served 34 years in the U.S. Army.

According to his website, Roth is running for mayor because he feels the city is in need of strong leadership and experience in light of the state of Florida and Manatee County attacks on home rule in the city. His statements go on to note that he would work to interact with local and state leaders in the way they expect a mayor to respond.

JUDY TITSWORTH

Judy Titsworth
Judy Titsworth

Titsworth is no stranger to Holmes Beach politics, having served as a city commissioner from 2012-18 and as mayor since November 2018. If re-elected, this would be her fourth term as mayor.

Titsworth said she feels being mayor of a city like Holmes Beach is a full-time job and gave up her position with Shoreline Builders to commit herself fully to working at the city. The city she serves was named for her grandfather, Jack Holmes. In addition to her work in the local political arena, Titsworth also volunteers as a wildlife rehabilitator. A lifelong Holmes Beach resident, Titsworth grew up on Anna Maria Island, leaving, she said, only to attend college before returning to raise her children in the Island city.

As mayor, she’s held the line against the encroachment of paid parking in Holmes Beach and actively works on initiatives to improve water quality and reduce overdevelopment.

COMMISSION CANDIDATES

DAN DIGGINS

Diggins was first elected to the city commission in 2022 and is seeking his second term on the dais. A Holmes Beach resident since 2011, Diggins previously worked as a commercial pilot, air traffic controller, airport/airspace designer and a worldwide aircraft accident investigator. Now Diggins says he enjoys working with his fellow commissioners and playing golf at least twice a week.

While on the commission, Diggins has served as the commission liaison for the Island Transportation Planning Organization, Manatee County Council of Governments and as an alternate for the Manatee County Emergency Operations Center.

STEVEN OELFKE

Oelfke is ready to take a leap in local politics and move to the city commission. Currently, he serves Holmes Beach on the city’s planning commission with a term expiring July 1, 2026. He and his wife, Jennifer, have been Holmes Beach residents since 2011.

BILL ROMBERGER

Romberger is a newcomer to the Holmes Beach political scene but has been an active community member as both a Realtor and member of the Anna Maria Island Chamber of Commerce. He and his family owned and operated the Tropic Isle Inn in Bradenton Beach for over 12 years. Now he works as a Realtor and is seeking a first term in political office.

CAROL WHITMORE

Whitmore, a longtime political figure and Holmes Beach resident, is stepping back into the spotlight after 18 months in the private sector. Previously, she served as a Holmes Beach commissioner and mayor before being elected as a Manatee County at-large commissioner. Now Whitmore says she’s ready to come back to her community to serve as a commissioner, where she hopes she can use her political knowledge to help the city in its fight against government overreach from county and state officials.

Coast Guard investigates tour boat striking bridge

Coast Guard investigates tour boat striking bridge

LONGBOAT PASS – What began as a leisurely sunset boat ride turned into a frightening experience for a family of tourists on June 9.

In a lengthy Facebook post, Georgia resident Stephanie Bridges wrote that she and her family went on a sunset dolphin cruise from Bradenton Beach Marina that evening on the Anna Maria Explorer and that the boat hit the Longboat Pass Bridge several times.

“We were nearly at the end of our tour when the captain pointed our boat toward the Longboat Pass Bridge,” Bridges wrote. “One of my family members noted that we were traveling a bit too fast through the pillars when all of a sudden we crashed into the concrete bridge pylon – the one that supports the bridge. The captain began to try to get out of the pass, putting the boat into reverse and proceeded to crash into one of the pylons again.”

Coast Guard investigates tour boat striking bridge
Stephanie Bridges posted Facebook photos of the tour boat she and her family were on after she said it struck the Longboat Pass Bridge. – Submitted

Bridges wrote that everyone on board put on lifejackets.

“We received zero instruction as to what was happening or how to put the life vests on. The captain and his first mate were silent,” she wrote. “The boat hit the concrete pylon again. Finally, the captain gets us out of the pass and away from the Gulf and back into the bay. He then asks if we want to continue to watch the sunset!! At this point, everyone on board was completely traumatized.”

“My brother went to the captain worried and asking him what was happening. He told my brother that ‘We have some steering on one motor and none on the other,’” she wrote, adding that there were babies and elderly family members on board. “The captain made no effort to call anyone to help us. No call to 911, no call to the Coast Guard, no help. It was a tense 45-minute struggle back to the marina with limited steering. There were some injuries. The captain told us when we got back that he was sorry and that he would give us a refund.”

Bridges said she reported the incident to the U.S. Coast Guard.

“I felt that the incident had to be reported. Upon speaking with the Coast Guard, I was told there had not been any reports made by the company. I was told that there had been dealings with this captain before,” she wrote.

The U.S. Coast Guard confirmed they are investigating the incident.

“We can confirm that there was an allision (a moving vessel hitting a stationary object) between an inspected passenger vessel and the Longboat Pass Bridge on Sunday, June 9. This allision was considered a marine casualty and is currently being investigated by the Coast Guard,” Coast Guard Public Affairs Officer Santiago Gomez wrote in a June 14 email to The Sun. “Coast Guard regulations currently require marine employers to take all practical steps after a Serious Marine Incident to have each individual engaged or employed on board a vessel in commercial service, who is directly involved in the incident, chemically tested for evidence of drug and alcohol use.”

“My family went back to the marina the next day to get our refund. No one had reached out to us, so we went to speak with them in person,” Bridges wrote. “The owner of the company, Shawn Kaleta, spoke with us. He seemed like he didn’t know much about what had happened. We questioned him on protocol, but he didn’t know what the protocol was. He did state that the captain had been fired. He basically finished the conversation saying they gave us the refund and there wasn’t much else he could do.”

The Sun contacted the Bradenton Beach Marina on June 14 for comment. No response was received by press time.

Another coconut palm falls on Bridge Street

Another coconut palm falls on Bridge Street

BRADENTON BEACH – One of the recently-planted coconut palm trees on Bridge Street toppled over onto the sidewalk during heavy rains on Sunday evening and city workers attended to it on Monday morning, according to Mayor John Chappie.

“The Chief (Interim Public Works Director and Police Chief John Cosby) has his guys out there this morning putting it back up and re-staking it,” Chappie told The Sun on Monday. “It had been staked but some of the stakes had disappeared.”

The tree is one of about 60 palms planted the week of April 24 on and around Bridge Street at the suggestion of developer Shawn Kaleta, who is planning to build a restaurant, hotel and shopping complex at Bridge Street and Gulf Drive.

The $50,000 tree project is a public-private partnership between the city and Kaleta’s Beach to Bay Investments LLC. The maintenance and liability for the trees are legally Beach to Bay’s responsibility under a contract signed by Chappie and Kaleta last month.

The fallen palm tree was located near 120 Bridge St. It appeared to have been uprooted with the complete root ball out of the ground.

“It’s possible that that’s because there’s a lot of rock in that area,” Chappie said, adding that M&F Lawn Care will be checking the tree to make sure it’s staked properly.

A smaller tree fell across the sidewalk on May 15 near the same location and another was leaning into Bridge Street on June 14.

“The little one near Sports has been hit by trucks,” Chappie said. “We may be taking that one out.”

At a June 5 Community Redevelopment Agency (CRA) meeting, Chappie said that four or five of the smaller palms were leaning and didn’t appear to have a good connection with their root balls.

“Miguel (landscaper Miguel Mancera of M&F Lawn Care) assured us that he was guaranteeing everything that was planted,” Chappie said at that meeting.