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Year: 2024

Letter to the Editor: Chamber extends thanks for golf tournament aid

On behalf of the Anna Maria Island Chamber of Commerce, we extend a big “thank you” to the many golfers, sponsors, prize donors, business vendors and volunteers at our 25th Annual Golf Tournament for Scholarships at IMG Academy Golf Club on May 10. Monies received from the tournament go toward our annual scholarship program. The AMI Chamber awards three scholarships each year to Manatee County high school seniors who wish to further their education by attending either a college or trade school.

To our sponsors and prize donors, thank you for donating to this very worthy cause and making a difference! To our volunteers, thank you for your time and welcoming smiles that participants look forward to seeing! To our business vendors, thank you for sharing your services and promotional items with the tournament’s golfers.

Through your contributions, we can continue providing scholarships. We are very appreciative that you helped make this year’s tournament a success!

 

Terri Kinder, president

Anna Maria Island Chamber of Commerce

Editorial: Signed palm tree agreement better late than never

The now-signed maintenance, indemnification and hold harmless agreement for the flawed Bridge Street coconut palm tree planting project lists April 1 as the project commencement date, which fittingly coincides with April Fool’s Day.

But Mayor John Chappie and the city’s witness, City Clerk Terri Sanclemente, didn’t sign and fully execute the agreement until May 28 – nearly two months after the listed commencement date.

On May 15, City Attorney Ricinda Perry told The Sun a “signed agreement” existed but a copy couldn’t be provided until Sanclemente returned from vacation on May 28. Local developer and project partner Shawn Kaleta might have signed the agreement on behalf of his Beach to Bay Construction Limited Liability Corporation in mid-May, as Perry’s emails indicate, but the agreement wasn’t legally enforceable until Chappie and Sanclemente signed it.

We appreciate Sanclemente promptly providing a copy of the fully executed agreement upon her return. We thank her for acknowledging that she and Chappie signed the agreement that day and for providing additional project-related documents and answers to our questions. Sanclemente did her job, while others associated with the project failed miserably.

Of the 70 coconut palms planted on and around Bridge Street, one already fell on a Bridge Street sidewalk and 22 others were removed from Gulf Drive South and replanted elsewhere along Bridge Street because FDOT doesn’t allow coconut palms and their falling coconuts and palm fronds along state-owned roads. Bradenton Beach leaders apparently don’t share similar safety concerns about city-owned Bridge Street.

During the month-long gap between the plantings and the mayor’s signature, would the city have been solely responsible for any palm tree-related deaths, injuries or property damage that occurred before the agreement became legally binding?

The Perry-drafted agreement includes indemnification language designed to protect the city from project-related lawsuits. An indemnification clause doesn’t prevent the city from being named in a lawsuit. It simply means the city can try to recoup its lawsuit-related losses from Kaleta and his roster of attorneys. That’s a risky proposition for a city financially desperate enough to sign over control of city-owned assets in exchange for shared project costs.

Perry and her elected accomplices are taking liberties with taxpayer assets that might get them removed by shareholders if they sat on a private sector board of directors. A misguided tree-planting project isn’t the worst sin a local government can commit, but the city attorney shouldn’t be leading the lackadaisical mayor and commissioners by their noses in her efforts to broker questionable public-private partnerships.

This fiasco prompted some Sun readers to call for Perry’s termination and Chappie’s resignation. Neither of those scenarios are likely, but maybe the light shined on this botched affair will cause all involved to think twice before pursuing another partnership with Team Kaleta.

Vote water

Vote water

Readers of this column are well aware of the critical state of our coastal waters in Manatee County and beyond. The Dapis (lyngbya) blooms that have persisted from 2020 to this year have brought the issue front and center as the harmful algae bloom choked waters and fouled the air and seagrass beds from the Manatee River to Palma Sola Bay and beyond.

I’ve mentioned in recent columns that these insults to Florida’s environment point to the lack of political will to effect the changes that are necessary to preserve our environment and the economy it supports. The recent move by the Manatee County Commission (Commissioner George Kruse being the lone dissenter) to allow developers to build closer to wetlands at a time when we should be doing just the opposite defies reason. At a state Waterkeeper weekly Zoom meeting a couple of years ago, Florida Sportsman Editor Blair Wickstrom addressed their most recent efforts to elicit support for their Vote Water Initiative. The efforts dovetail perfectly with what groups like Waterkeeper are seeking to address. This advocacy is a continuation of the magazine’s long involvement in protecting Florida anglers’ interests. Florida Sportsman Founder Karl Wickstrom and the magazine have been on the front lines continually lobbying for common sense rules and regulations.

Their plan resonated with me immediately, so I reached out to Wickstrom to hear more about Vote Water’s goals. He responded quickly with a passionate and well-reasoned argument. “If you had to pick one reason for the lack of success in protecting our state’s water from continual degradation, it would have to be lack of political will from our elected officials to get something done,” said Wickstrom, vice president of Vote Water.

“What we have in the state of Florida (and Manatee County) is a political problem, not a party issue, but when it comes to fixing the state’s water, the political problem requires a political solution,” Vote Water President Ray Judah emphasized. “Democracy isn’t a spectator sport. If you truly want to have clean air, clean water and public officials that represent the public interest instead of the special interest, the people that vote need to be informed.”

That’s the same argument I’ve used on these pages, pointing out the shared responsibility we as voters have to effect much-needed change.

The Vote Water initiative highlights not only politicians’ votes but also the amount of money they accepted from special interests. That “dirty money” is a part of the Voter Guide that the organization wants to spend more time on going forward. As the adage says, you have to follow the money. It’s clearly the case in politics.

“In order for people to be represented, to have a true democracy, we need to help make taking money from a special interest, such as the phosphate industry, toxic,” emphasizes the organization.

Don’t be fooled into believing what candidates promise, especially as the election approaches. If you care about our coastal resources don’t vote Democrat or Republican. Check the candidates’ voting records on the water we drink and that the fish we pursue swim in. If we don’t, we may well be voting against our self-interest. The future of fishing in Florida and the economy hangs in the balance. VOTE WATER!

Youth soccer champs close spring season

Youth soccer champs close spring season

ANNA MARIA – After weeks of regular season youth soccer action on the Island, two teams come out on top after winning the season-ending games last week. The Intuitive Foundation, also known as “the Pickles,” won their match against Solid Rock Construction in the 8- to 10-year-old soccer league.

Off the hot foot of Gunnar Maize, the Pickles won 3-0. Parker Svoboda assisted one of Maize’s three goals to help the team win.

Sawyer Leibfried and Elijah Roadman both had big games in goal with eight and five saves each for The Intuitive Foundation and Solid Rock, respectively.

The older kids finished the season 2-1 in a close one with Westfall’s Lawn Care & Pest Control winning over HSH Design by a single goal.

Youth soccer champs close spring season
Eight- to 10-year-old league youth soccer champions, “the Pickles,” are also known as team The Intuitive Foundation. Top row from left are Assistant Coach George Maize, Gunnar Maize, Parker Svoboda, Coach Brooke Svoboda, Sawyer Leibfried and Alexander Czajkowski. Bottom row from left are Silas Whitehead, Bailey Shenbaum, Caroline Svoboda, Gia Ciasullo and Henry Leibfried. Also pictured are Jacek Czajkowski and Brian Leibfried. – Submitted | Charles “Tuna” McCracken

With both teams’ goalies finishing with nine stops against the strikes of their opposition, HSH’s Jack Zaccagnino and Austin Guess, playing for Westfall, finished the season strong.

Westfall’s goals came off the boots of Ryk Kesten and Lucas Signor, with an assist by Declan Lee. The strong leg of Beau Canup scored the only point for the HSH squad.

After a play-in round of soccer, the adult playoffs began last week, just as the kids’ season came to a close. Beach House Waterfront Restaurant and Solid Rock Construction both advanced to the first round of playoffs after winning their play-in games on May 29.

Moving on to the second round of play are teams Salty Printing, Ross Built Custom Homes, Pool America and Progressive. Games will be played at The Center of Anna Maria Island on the evening of Thursday, June 6, with continuing playoff action on Thursday, June 13.

SUN SCOREBOARD

 

MAY 28

 

YOUTH SOCCER CHAMPIONSHIP GAME

 

8- TO 10-YEAR-OLD LEAGUE

 

 

The Intuitive Foundation 3

Solid Rock Construction 0

 

 

11- TO 14-YEAR-OLD LEAGUE

 

Westfall’s Lawn Care & Pest Control 2

HSH Design 1

 

 

MAY 29

ADULT CO-ED SOCCER PLAY-IN ROUND

 

Beach House Waterfront Restaurant 4

Diamond Turf 3

 

 

Solid Rock Construction 5

Language Services Association 0

 

 

MAY 30

ADULT CO-ED SOCCER – ROUND ONE PLAYOFFS

 

Salty Printing 3

Moss Builders 1

 

 

Ross Built Custom Homes 3

Sato Real Estate 1

 

 

Pool America 3

Beach House Waterfront Restaurant 2

 

 

Progressive Cabinetry 6

Solid Rock Construction 3

School for Constructive Play’s next chapter

School for Constructive Play’s next chapter

HOLMES BEACH – The School for Constructive Play (SCP) has been an Island landmark for decades, with hundreds of little feet walking through the school’s doors over the years.

The original preschool opened in 1989, and the institution as so many know it has been under the thoughtful care of Pam Bertrand.

Bertrand started at SCP as a substitute teacher and raised three of her children in the original little schoolhouse on Pine Avenue in Anna Maria. In 1995, she started working full-time at the school, eventually running the programs.

A decade later, she had the opportunity to buy the school from Maria Richards, and, as Bertrand says, “The rest is history.”

Fast forward two decades later and a move to Gloria Dei Lutheran Church on Marina Drive in Holmes Beach, and Manatee County native Kelly Stewart is ready to step into the shoes of “Teacher Pam” as the new owner of the School for Constructive Play.

Stewart, a former student at the preschool and graduate of Manatee High School, started working as a full-time teacher in 2019. With a good amount of the early childhood education curriculum completed, Stewart said, “I decided to take a job at the preschool when Teacher Rainia moved,” after Bertrand asked for her assistance while the search for a new teacher began. The temporary job soon became permanent, and the next chapter of the preschool began.

“When Teacher Pam asks you for something, you say absolutely, what do you need?” Stewart said.

Stewart’s life at the School for Constructive Play began by entering Teacher Pam’s classroom when she was only a year old in 1997 and continued until she graduated from the school to attend Anna Maria Elementary School. The family history of working or attending the school included Stewart’s brother, Cory, who started at SCP when he was 3 years old.

School for Constructive Play’s next chapter
New School for Constructive Play owner Kelly Stewart (top row, far left) with her class and teacher Pam Bertrand, circa 2001. – Submitted

Stewart would often find herself walking through the doors to help, volunteer or visit, and eventually, work. Currently working with the 1- and 2-year-olds, Stewart recalls having frequent conversations with Bertrand about the love of the school and the people who make it so special.

Even a short move recently to California could not keep her away from the SCP. Quickly moving back, the final decision was made that she would be the successor to the tradition of the preschool, with big shoes to fill.

Those who have raised their kids in the area have heard the legendary stories surrounding the fun the children have had over the years at the preschool. Not only the parents and students have fond memories of Teacher Pam, but the teachers who have worked with and for her consider her family.

Friends and co-workers Barb Burgess and Chrissy McCracken have had years of working side by side with Bertrand. Burgess said, “Pam is like a sister from another mother… truly an amazing friend, mom and teacher.”

“Teacher Pam is such a strong woman, is always smiling and has one of the kindest hearts you will ever come across,” McCracken said.

More recent additions to the teaching staff are equally as fond of Teacher Pam. Long-time SCP parent, friend and now teacher Dina Franklin recalls her son’s experience.

“Tyler was so lucky to have had the experience of learning and growing up in SCP with Pam and all the other wonderful teachers during that time.”

One of the newer teachers, Gracie Lewis, expressed her memories of Teacher Pam.

“(She) welcomed me with open arms and always treated me like family,” she said. Recalling the respect everyone has for Bertrand, Lewis said, “When Teacher Pam asks you to get into the dumpster, you get into the dumpster.”

Countless former parents, students and SCP teachers have the same sentiments toward Teacher Pam. Former students who eventually became teachers at the preschool, Rainia Lardas and Gussie Lardas, definitely echo the message of their counterparts.

“Pam is my forever boss. She is not only so knowledgeable but also so kind,” Rainia Lardas said. To this day, Bertrand is her first phone call if she has a question about childcare.

Gussie Lardas, now an elementary school teacher in Manatee County, recalls, “I have known Pam my whole life. She gave me my first job at SCP when I was 16. Working at the preschool with Pam has taught me a lot about the type of teacher I want to be for my students.”

For Bertrand, the small events that made the students excited about learning are highlights of a wonderful career. From visits by farm animals, firemen and Santa Claus to learning to write their names, each memory lives bright in her mind.

Stewart plans to continue the preschool’s traditions and environment of fun while learning. While she plans to stay in the classroom during the transition, she hopes to be able to focus on developing the program and strengthening the school. Staying as a familiar face in the classroom and being a support to all of the teachers is important to her.

Accepting children as young as a year old, SCP prepares Island area kids for elementary school with VPK classes for 4- and 5-year-old children. The preschool has more than 15 years of VPK instructional experience with limited seating each year.

Stewart hopes the school can eventually bring back the afterschool program for young elementary school students.

“My goal is to grow and eventually expand SCP while maintaining that sparkle that makes this place so special,” Stewart said.

“Turning the preschool over to Kelly Stewart is an honor,” Bertrand said.

Preparing to hand over the brightly lit torch for the School for Constructive Play, she sends a message to the Island community.

“I could never thank the parents enough for allowing me to be a part of their child’s life,” she said. “I have truly been blessed. All of the children have given me so much joy and happiness. Their love, humor and pure honesty is unmatched. I have had the best job. I shouldn’t even call it a job, it’s joy.”

Cameras to ticket school zone speeders

HOLMES BEACH – Changes are coming to the school zone in front of Anna Maria Elementary School and drivers need to take note to avoid a ticket.

“This isn’t about making a buck, it’s about safety,” Holmes Beach Police Chief Bill Tokajer said of the planned camera system.

The system, being provided by Blue Line Solutions, is intended to catch drivers who speed through the school zone and who illegally pass school buses during school zone hours. City leaders in Holmes Beach are entering into the agreement through a piggyback agreement from one recently executed in Hollywood, Florida.

Though the speed limit on Gulf Drive is typically 25 mph, it drops to 15 mph when the yellow flashing beacon activates before and after school hours when there is more traffic in the area and kids are crossing the street.

With the new system, it will be easier to enforce the school zone speed limit with the system automatically generating speeding tickets for offending drivers. A representative for Blue Line, Dave Bocchino, said that the system uses artificial intelligence to identify illegal activity in the school zone and generate tickets, allowing for law enforcement services to be reallocated to other areas, if needed.

Bocchino also said that the system is funded by offenders, meaning that no charges will be billed to the city for the camera system, installation or services provided by Blue Line. The company recoups the cost of operation through an administrative fee charged and fines issued to traffic offenders. Rather than making money or “a cash grab,” he said it’s about making school zones safer for students.

A study conducted by Blue Line in the AME school zone showed 327 speeders over a five-day period going 11 mph or more through the school zone while the flashers were on indicating the lowered speed limit. Starting 30 minutes before and 30 minutes after the flasher times in the morning and afternoon, Bocchino said the study showed 1,300 drivers going through the school zone at speeds in excess of 11 mph over the speed limit. With the camera system, he said the company sees an average reduction of 90% in school zone speeding incidents.

Tokajer said the camera system would only be used to enforce speeding in the school zone while the flashers are on in the mornings and afternoons, when students are moving about in the area. He added that he’s spoken with representatives from AME who are in favor of the camera system.

Blue Line collects a $25 per incident fee along with a monthly fee of $2,500 per camera plus a $15-per-incident processing fee. All fees are subtracted from the gross amount of tickets issued through the system.

The camera system is being installed under a law passed by the state Legislature and approved by Gov. Ron DeSantis that allows camera enforcement of speeding and illegal school bus passing in school zones as of July 1, 2023.

Bocchino said in addition to the camera system and operation, Blue Line also offers an included public education component to help spread the word through the community that the camera system is in place and what to expect when driving through the school zone during school zone hours.

After meeting with several potential vendors while at the Florida Chief’s Association annual conference, Tokajer said that he selected Blue Line because the company has a local presence in Sarasota and charges less in administrative fees to offenders than some other companies.

In addition to the new system, Tokajer said that Director of Public Works Sage Kamiya also completed a Florida Department of Transportation study that shows the one-block-long school zone is not large enough to meet the department’s standards. When the cameras go in, he said the school zone will be restriped and extended by 100 yards to the north and 200 yards to the south.

Drivers won’t have to worry about the new system or the larger size of the school zone until classes resume in August.

Commissioners passed the first reading of an ordinance allowing for the regulation of the school zone. City Attorney Erica Augello said that the ordinance is required to enforce regulations in the school zone.

Palm tree landscaper awaiting payment from city

Palm tree landscaper awaiting payment from city

BRADENTON BEACH – Since April 24, Miguel Mancera’s landscaping crews have been busy laying stone, planting and, in some cases, removing and replanting multiple coconut palm trees on and around Bridge Street.

Mancera, the owner of M&F Lawn Care in Bradenton, sent an invoice to the city on April 19 for a $25,000 down payment toward the $50,000 cost of the trees and landscaping work, and as of May 30, he said he has not received payment.

“I have payroll to meet every week,” Mancera said, adding he has 12 employees. “They haven’t paid me yet. I called Ricinda (City Attorney Ricinda Perry) and she is supposed to talk to Thompson (City Treasurer Shayne Thompson).

Mancera said he paid for the stone and trees out of pocket in anticipation of payment by the city.

“I don’t know the exact amount, but it cost more than half (of the $50,000),” he said. “There was more than 20 yards of rock, so that was $6,000 just for the rock.”

M&F Lawn Care was hired by the city to plant up to 80 coconut palm trees on and around Bridge Street, as well as to lay white river rock.

The tree planting project is a city partnership with developer Shawn Kaleta. According to the city clerk, Kaleta made his agreed-upon donation of $10,000 toward the project on April 10.

Palm tree landscaper awaiting payment from city
Some of the coconut palm trees that were removed from Gulf Drive South were replanted along the approach to the Bradenton Beach Pier. – Leslie Lake | Sun

Mancera, who has done work for both the city and Kaleta, said he had been contacted by Perry and Kaleta for the tree project.

“They called me up and I met them a couple of times on Bridge Street so they could show me where to plant the trees,” he said.

On May 24, Mancera’s crews were back to remove what he said were 22 of the coconut palms that they had planted in the roundabout and traffic islands of Gulf Drive South as part of the project.

The trees were removed after the Florida Department of Transportation (FDOT) informed the city that coconut palms were not allowed on state roads due to safety concerns about sight lines along with falling palm fronds and coconuts. That section of Gulf Drive South falls under the jurisdiction of the FDOT.

“We took out 22 trees and we replanted 18,” Mancera said. “Some were replanted on Bridge Street, some in front of the parking lot at the Pines Trailer Park and some along the pier across from the oyster restaurant (Anna Maria Oyster Bar). I don’t know about the other four.”

The city clerk sent The Sun a copy of the April 19 M&F Lawn Care invoice which showed a total cost of $50,000 for the landscaping and planting of the palm trees. M&F had requested a $25,000 down payment which was due within 30 days or subject to a 1.5% late charge.

The invoice was marked with a handwritten: “OK to pay. JRC (Mayor John Chappie’s initials).” The city clerk confirmed by email on May 30 that payment had not been made.

Editorial: Signed palm tree agreement better late than never

City releases signed coconut palms agreement

Editorial: Palm trees and other shady endeavors

FDOT: Wrong trees, wrong place

Expert outlines optimum coconut palm maintenance

Signed palm tree agreement remains elusive

Jewfish Key withdraws application to be removed from LBK

LONGBOAT KEY – The Jewfish Key Preservation Association has withdrawn its application to be removed from the jurisdiction of the Town of Longboat Key.

Attorney Aaron Thomas of the Najmy Thompson law firm represents the association. On May 31, he sent an email to Longboat Key Town Attorney Maggie Mooney formally withdrawing the “voluntary contraction” petition submitted on Jan. 16.

“Please be informed that the association, along with the property owners of Jewfish Key, has decided to formally withdraw and revoke the Voluntary Contraction Petition,” Thomas wrote. “This decision comes as we are currently in the process of reassessing the Voluntary Contraction Petition in light of the findings and recommendations contained within the Requested Contraction of Jewfish Key Feasibility Study conducted by the Town of Longboat Key.”

No specific reason was given.

The 139-page study prepared by the town includes a summary of the petition and a brief history of the contraction area, the town’s departmental and consultant analyses prepared by department heads from finance, planning, zoning, building, public works, police and fire departments and a market/economic analysis by consultant Willdan Financial of the contraction area relating to the statutory feasibility study criteria provided for in Florida Statutes Chapter 171. Also included are relevant maps, a staff analysis of Florida Statutes, historical documents and town department head credentials and biographies.

The study was prepared to fulfill statutory requirements and was intended to be used by the town commission to evaluate the feasibility of the requested contraction and decide whether to initiate contraction proceedings or to reject the petition, according to the study introduction.

Thomas wrote that since there was no longer a petition or proposal for commissioners to consider at the June 3 commission meeting, the item should be removed from the meeting agenda.

If the contraction had been pursued and was successful, Jewfish Key would have become part of unincorporated Manatee County.

Mooney notified Mayor Ken Schneier and town commissioners of the withdrawal by email: “The purpose of this email is to share with the Town Commission an email transmitted this morning from the attorney for the Jewfish Key Preservation Association withdrawing and revoking the Contraction Petition submitted on Jan. 16, 2024.”

Despite the withdrawal, Mooney wrote that the commission should still plan on convening to open the public meeting since the session was noticed to the public.

“Given the withdrawal, there will not be a presentation from town staff on the Jewfish Key contraction request as previously identified in the meeting agenda and no further town commission action or discussion on the matter is required,” she wrote.

Mayor optimistic about vacation rental bill’s fate

Mayor optimistic about vacation rental bill’s fate

ANNA MARIA – Mayor Dan Murphy is growing increasingly confident that the Florida Legislature’s latest attempt to preempt vacation rental regulation to the state will once again fail.

Proposed and supported by the Florida Legislature earlier this year, Senate Bill 280 and its matching companion bill, House Bill 1537, seek to take short-term vacation rental regulation and the regulation of short-term rental advertising away from Florida cities and counties and place that authority solely with the state.

Sen Jim Boyd (R-Bradenton) and State Rep. Will Robinson Jr. (R-Bradenton) are among the many state legislators who voted in favor of the proposed legislation.

To become new state law, the proposed legislation must be transmitted to Gov. Ron DeSantis. If the governor supports the legislation, he can sign it into new state law effective July 1 or allow it to become new state law without his signature of support. He can also kill the proposed legislation by vetoing it.

“The bill has not been placed on the governor’s desk,” Murphy told the Anna Maria City Commission on May 23.

Murphy said he and the city’s contracted lobbyist have no idea if or when the proposed vacation rental regulation will ever be transmitted to the Gov. Ron DeSantis.

“The good news is the governor’s staff has a multitude of concerns about the bill itself, starting with some of the input we gave them,” Murphy said.

The proposed state legislation would eliminate Anna Maria’s existing short-term vacation rental occupancy limits and replace them with more generous occupancy limits that would be virtually impossible for the city to enforce.

The city input the mayor referenced pertains to Anna Maria’s vacation rental guest population quickly increasing by an estimated 32% if the city’s occupancy limits are eliminated, which the mayor said would further strain the city’s already-strained infrastructure systems.

Murphy said DeSantis’ staff also has political concerns about the legislation, including a carve-out exemption for Flagler County, the home of Speaker of the House Paul Renner. The proposed carve-out would create a grandfathering exemption for Flagler County’s current vacation rental regulations.

“They’ve got a list of concerns. When I get the word that it’s headed to the governor’s desk – and we should get at least a day or two of advance notice – we’ll crank up HomeRuleFl.com to bombard letters to the governor for a veto,” Murphy said.

“We’re in a very good spot. That’s what our lobbyist said, but it’ll be back next year. It’s not going to go away. This is going to be a continual struggle,” Murphy cautioned.

When asked, the mayor and city attorney said they didn’t know when the deadline is to transmit bills to the governor.

Reimagining Pine Avenue one step at a time

Reimagining Pine Avenue one step at a time

ANNA MARIA – Mayor Dan Murphy has proposed a block-by-block approach to installing permeable brick paver sidewalks along Pine Avenue where meandering unpaved paths currently exist.

New crosswalks would also be installed across Pine Avenue in a similar block-by-block fashion as part of the long-desired Reimagining Pine Avenue safety improvement project.

The existing concrete sidewalks along Pine Avenue will remain in place for now and potentially be replaced with brick paver sidewalks later.

When initiated, the sidewalk and crosswalk improvements will be funded by a state appropriation previously approved by the Florida Legislature and Gov. Ron DeSantis.

New streetlights will be installed later using different, non-state funding sources.

In recent years, the commission, at the mayor’s recommendation, has rejected four previous project-related bids received from the Sarasota-based C-Squared construction company.

C-Squared’s most recent bid was $1.38 million to install a one-block Reimagining Pine Avenue prototype area between Gulf Drive and North Shore Drive. The prototype would have included new brick paver sidewalks along both sides of Pine Avenue and new crosswalks. The bid did not include street lighting.

On May 23, the mayor proposed a new approach to securing a local contractor or contractors to do the work in a more piecemeal fashion. Murphy said he engaged in preliminary discussion with the project engineer as to how to go about the piecemeal approach to installing the brick paver sidewalks one block at a time, beginning with the stretch of Pine Avenue between Gulf Drive and North Shore Drive. Murphy said three local contractors have expressed interest in the project.

“That’s a good sign,” he said. “One contractor told me, ‘You finally have an approach that makes sense and I want to bid on it.’ ”

Murphy said the city’s public works department may be able to assist with the crosswalk installations.

Murphy said once the brick paver sidewalks are installed in the unpaved paths, the concrete sidewalks will be replaced by brick paver sidewalks, to be followed by new street lighting.

Murphy said with the commission’s support he’d work with the project engineer and the Florida Department of Transportation – the state agency controlling the expenditure of the state funds – and figure out how to move forward with the solicitation of bids.

The city commission expressed preliminary support for the block-by-block, one-step-at-a-time project approach and now awaits additional information from the mayor.

Proposed charter amendments presented as ordinances

Proposed charter amendments presented as ordinances

ANNA MARIA – City commissioners have been presented with separate ordinances containing ballot language and summary language for five proposed charter amendments.

City Attorney Becky Vose presented the first reading of the five proposed charter amendment ordinances to the city commission on May 23. The commission will vote on each separate proposed charter amendment on a second and final reading during a June 13 meeting.

The proposed amendment ordinances that receive the majority support of the commission will be transmitted to the Manatee County Supervisor of Elections Office for inclusion on the general election ballot this fall.

The city charter can only be amended (changed) with the majority support of the city’s registered voters. Anna Maria voters will be asked to vote yes or no on the amendments proposed by the charter review committee and supported by the city commission majority.

HOME RULE

The city commission is divided on a proposed amendment that would add new language to the city charter regarding the protection of the city’s home rule rights.

The ballot question for the proposed home rule amendment reads as follows: Shall the Anna Maria city charter be amended to provide for the city to take steps to maintain and protect the city’s residential character and home rule, supporting commercial land use, maximizing the enjoyment of natural and man-made resources and minimizing the threat to health, safety, and welfare of its citizens, posed by hazards, nuisances, incompatible land uses, and any environmental degradation?

Commissioners Kathy Morgan, Gary McMullen, Charlie Salem and Mark Short have expressed preliminary support for the proposed home rule amendment.

“I really like us putting before the voters something that confirms our desire to have home rule, to try to retain the residential character of the city and give them a clear opportunity to express their will on this one way or another,” Salem said.

Commissioner Jon Crane and Mayor Dan Murphy oppose the proposed amendment.

As he’s done previously, Crane said, “I don’t think aspirational statements should be put before the voters.”

He referred to the proposed amendment as a “non-action item.”

Mayor Dan Murphy noted he doesn’t vote in city commission decisions but he still shared his opposition to the proposed amendment.

“I don’t think it’s necessary to have it here. I happen to agree with Commissioner Crane that it’s aspirational,” Murphy said.

“I have concerns about taking anything out for a vote that’s not necessary. I think actions speak louder than words. I think our track record as a city has been one of a staunch supporter of home rule. I don’t need a preamble to march to that tune and I don’t think any of you do either. It’s something that’s not necessary. So, therefore, I would caution you about putting something unnecessary before the public for a vote. You already are what this stipulates,” Murphy said.

“I’d be more than happy, as a compromise, to post a mission statement on our website, or even on the wall of city hall, that states that we are staunch supporters of home rule. People already know that. The public knows it. The voters know,” Murphy said.

The mayor and commissioners expressed no preliminary opposition to four additional proposed charter amendments.

ADMINISTRATIVE OFFICERS

Shall the Anna Maria City Charter be amended to provide a definition for administrative officers of the City?

This amendment would better define which city staff members are considered to be officers of the city.

BUILDING HEIGHT LIMITS

Shall the Anna Maria city charter be amended to add a height limitation for all structures within the city limits to be no more than two residential/habitable floors and 37 feet above the crown of the abutting road, and include a provision for obtaining a variance?

Voter adoption of this proposed amendment would add the city’s existing height limits to the city charter. Any future modification or abolishment of the city’s long-standing height limits would require the majority support of Anna Maria voters. The similar height limits already contained in Anna Maria’s comprehensive plan and building codes can currently be changed by a simple majority vote of the city commission.

RESIDENCY REQUIREMENTS

Shall the Anna Maria City Charter be amended to add language regarding removal of non-qualifying city commissioners and prohibiting city commissioners from holding concurrent municipal or other public office or employment by the city of Anna Maria?

Voter adoption of this proposed amendment would establish residency requirements for elected city officials once they take office. The charter currently sets forth residency requirements for candidates seeking elected office, but it doesn’t currently address residency requirements for those elected to office.

SPECIAL MEETINGS

Shall the Anna Maria city charter be amended to change the way a special meeting of the city commission may be called, from a call of a single member of the city commission to a call of the majority of the city commission, the chair of the city commission or the city mayor?

Voter adoption of this proposed amendment would prevent a single commissioner from calling for a special city commission meeting.

City releases signed coconut palms agreement

City releases signed coconut palms agreement

BRADENTON BEACH – The fully signed agreement between the city and developer Shawn Kaleta for the maintenance of the coconut palm trees on and around Bridge Street was signed by Mayor John Chappie on May 28 and placed into the public record that day.

That comes more than a month after the trees were planted the week of April 24 in a public-private partnership between the city and Kaleta.

On May 29, City Clerk Terri Sanclemente provided The Sun with a copy of the agreement signed by Chappie, Kaleta – as Beach to Bay Construction LLC manager – and Sanclemente as witness. The Sun made multiple requests for the document beginning on May 6.

The maintenance, indemnification and hold harmless agreement in a public-private partnership between the City of Bradenton Beach and Kaleta, through his LLC, designates responsibility for the tree maintenance to Kaleta and indemnifies the city in the event of injury or damage from the trees.

Public-private partnerships between cities and developers are unique to Bradenton Beach among the three Anna Maria Island cities.

Both Mayor Dan Murphy of Anna Maria and Mayor Judy Titsworth of Holmes Beach responded to The Sun’s email asking if either city had partnered with a private entity for city projects.

“If you define a public-private partnership as a “capital improvement project with the city getting dollar funding from a developer” the answer is no, we have had none that I can recall during my tenure of 10 years as mayor. I don’t think we’ve ever had a developer give us any money for a project,” Murphy wrote.

Titsworth wrote, “We have not, to my recollection.”

The partnership with Kaleta for the palm trees’ maintenance and indemnification was approved unanimously on April 3 by the Bradenton Beach Community Redevelopment Agency (CRA).

At that meeting, City Attorney Ricinda Perry assured CRA members that the agreement would be signed by Kaleta prior to the trees being planted.

CRA member Jan Vosburgh expressed concern about the trees’ safety and maintenance.

“I believe everything the city does should be as maintenance-free as possible,” Vosburgh said. “It sounds to me like we’re making a nightmare for the city and the businesses.”

Ultimately, following assurances by Perry that a signed agreement would be in place, Vosburgh voted to approve the agreement, making it a unanimous vote.

In addition to Chappie and Vosburgh, Deborah Scaccianoce, Marilyn Maro, Ed Chiles and Chair Ralph Cole make up the CRA.

OUT OF ORDER

It is unclear when Kaleta signed the agreement.

The city clerk provided The Sun a copy of the receipt for the April 10 $10,000 payment from Kaleta, but based on correspondence between City Attorney Ricinda Perry and Kaleta’s attorneys, it does not appear that he signed the agreement prior to the planting of the palm trees the week of April 24.

On April 25, Kaleta attorney Sean Kelly sent an email to Perry that said, “Shawn asked me to finalize this agreement for the coconut palms on Bridge Street. Will you please send me the Exhibit A site plan and the dollar amount for the CRA’s contribution? Then I can update the document and have Shawn sign. Thanks!”

On May 9, Perry sent an email to Kelly copied to Kaleta that said, “Good morning. It took me a bit to find a way to document in a ‘site plan’ the palms and to make sure we knew exactly where Miguel was planting everything. I ended up flying my drone and then inserting stars where palms are located with a description for areas that have multiple palms at or near an address.” “Miguel” refers to Miguel Mancera, the owner of M&F Lawn Care, Inc., the company that planted the palm trees, who has not yet been paid for his work (see story, page 9).

On May 14, Kaleta attorney, Rainier Altiere, sent Perry an email that said, “Here is the completed maintenance agreement. The only thing missing is the start date. Please provide me with that and let me know if this is OK for us to have Shawn sign.”

On May 15, Perry sent Kaleta, Kelly and Altiere an email that referenced an unnamed limited liability corporation (LLC) Kaleta intended to use as the CRA’s project partner and the party responsible for maintaining the coconut palms for the next 30 years.

“This corp (corporation) named in the document was set up at the end of last month. Is it just a ‘shell company’ with no assets or insurance to cover the harm/damage caused by a falling coconut? At a minimum, the company will need an insurance policy naming the city that actually covers damage caused by the coconuts. I can’t just have a piece of open (missing word) with no actual protection for the public. Ideas?” Perry wrote.

On May 15, The Sun emailed Perry requesting a copy of the fully signed and fully executed agreement. In her May 15 response, Perry wrote, “There is a signed agreement. The clerk is out of the office and can provide further documents upon her return.”

On May 29, Perry sent an email to Sanclemente and Chappie that addressed the date Sanclemente and Chappie signed the agreement.

“Contracts have counterpart signatures that most always have differing dates – hence the reason contracts ALWAYS state an effective date. The effective date controls contracts. In this instance, I always stated that the effective date would be when the date trees were being delivered. The city did not pick nor write the date but found the effective date to be acceptable and within the approval of the CRA. Standard contract law. Feel free to forward to anyone needing legal contract law information,” Perry wrote.

The effective date of the agreement is April 1, which is two days before its approval by the CRA at its April 3 meeting. The city did not respond to The Sun’s request for an explanation of the earlier effective date.

“The city of Bradenton Beach Community Redevelopment Agency (CRA) has approved a CRA beautification project on Bridge Street to be installed at a cost not to exceed forty thousand and no/dollars ($40,000) to be paid for by the CRA and ten thousand and no/dollars ($10,000) to be paid for by the Sponsor (Kaleta). All trees installed in this beautification project shall be maintained at the sole cost of Sponsor,” the agreement states.

The agreement will be in place for 30 years with options to renew every 10 years.

According to the signed agreement, “Sponsor shall at its sole cost and expense maintain the permitted installation in good condition. The city makes no warranties or representation of any kind regarding the suitability of this public property/right-of-way location for the proposed installation.”

The signed agreement includes indemnification language that states, “As consideration for use of the city’s public property to install coconut palm trees, the Sponsor (Kaleta) shall at all times, at its expense, hold harmless and indemnify the city, its officers, employees, agents, elected and appointed officials, and volunteers from and against any and all claims, demands, liens, liabilities, penalties, fines, fees, judgments, losses and damages whether or not a lawsuit is filed, including, but not limited to claims for damage to property or bodily or personal injuries, including death.”

The indemnification language also states that Kaleta is responsible for any costs, expenses and attorney fees associated with a claim or lawsuit associated with the coconut palm trees.

According to the Cornell Law School Legal Information Institute, “To indemnify, also known as indemnity or indemnification, means compensating a person for damages or losses they have incurred or will incur related to a specified accident, incident or event. Typically, parties make a written agreement in which one party promises to indemnify the other party for future specified losses.”

On May 31, The Sun received a copy of Kaleta’s proof of insurance with $1 million in liability per occurrence for personal injury, $5,000 for medical expenses per person, $100,000 damage to rented premises and $2 million general aggregate coverage. The policy expires on Sept. 9.

The insured is listed as Beach to Bay Investments, 102 48th St., Holmes Beach and the producer of the policy is Gulf Insurance, LLC, 301 Manatee Ave. in Holmes Beach.

The Sun has requested an updated site plan since the location of some of the trees has changed due to their FDOT-mandated May 24 removal from Gulf Drive South, a state road.

As of May 31, that site plan has not been received.

According to the maintenance, indemnification and hold harmless agreement Exhibit B, Kaleta’s company is responsible for: “Removing fronds, fruit, seedpods and fruit stalks carefully without damaging the trunk or fronds that are to be retained. All coconut fruit must be removed once it produces on the tree.”

The guidelines continue, “Pruning will be required a minimum of two times a year on municipal property and rights-of-way to manage the hazards of falling coconuts and fronds and to minimize the risk to persons and property within the fall zone.”

People on the Anna Maria Island Sun Facebook page had plenty of comments about the palm trees and the agreement.

Wendy Holcomb wrote, “Not a good idea EVER to put coconut trees where pedestrians walk and vehicles drive.”

Richard Becker wrote, “All this over a palm tree. It’s not about the palm tree, it’s about the politics.”

“Indemnify means to ‘make right again’ not ‘protect,’ so if the city lost a case, Team K would have to pay them back, the settlement ck (check) has to come from the defendant,” Susan Paxton wrote.

According to recent city Scenic WAVES committee meeting agendas, the CRA board did not request a preliminary project review from the city commission-appointed committee

The Scenic WAVES committee acts as the commission’s advisory board on proposed landscaping and beautification projects.

Related coverage:

Editorial: Signed palm tree agreement better late than never

Palm tree landscaper awaiting payment from city

Editorial: Palm trees and other shady endeavors

FDOT: Wrong trees, wrong place

Expert outlines optimum coconut palm maintenance

Signed palm tree agreement remains elusive

 

Reverse mortgage loans explained

Anyone who considers themselves a senior, which I certainly do, at some point will probably have considered a reverse mortgage. It’s not a conventional mortgage designed for the majority of home purchasers but rather a vehicle for senior homeowners to tap into their home equity.

What exactly is home equity? Home equity is the amount of your home that you actually own. Specifically, the equity is the difference between what your home is worth and what you owe your lender or lenders. Don’t confuse it with “mental equity,” which is a term sometimes used in real estate where sellers think they know what their property is worth.

Seniors who are 62 or over can apply for a reverse mortgage, releasing some of the equity in their property. With property values increasing in the past three to four years, seniors who have owned their homes for a long time are considering reverse mortgages with an eye to staying in their homes. Homeowners are still responsible for paying property taxes, insurance and maintenance; however, the repayment of the loan is deferred until the homeowner dies, sells or moves out of the home.

In addition to being 62 or over to qualify, you also need to have enough equity in your home. The loan works by making payments to the borrower based on a percentage of the equity that has been built up in the home. The factors that determine the loan amount include your age, the value of your home, the interest rate and the FHA mortgage limit, $1,089,300 as of this writing.

The obvious benefit is that you can continue to live in your home and retain the title. The proceeds of the loan are generally tax-free cash, so you can use the money as you see fit for improvements and everyday living expenses. You choose the disbursement option; lump sum, monthly payout, quarterly, etc.

The primary drawback of reverse mortgages is that the loans are generally more expensive than other financial products. The balance of the loan increases over time as does the interest on the loan and the fees associated with the loan, eating into any home equity that is left.

If this is something that you might consider, the first thing you should do is attend a counseling session from a licensed third-party counseling agency. The Department of Housing and Urban Development (HUD) maintains a list of counselors available in Florida.

Next, research and identify companies that specialize in reverse mortgages. Factors to look for when evaluating companies are years in business, number of products offered, customer service availability, state licensing, Better Business Bureau (BBB) ratings and the inclusion of a mobile application. Once you have found a company you’re comfortable with, discuss what options may be available to you as far as qualification, timeline and any other questions you may have.

When the application is completed, the process is similar to a traditional mortgage application. The loan will go to an underwriter and appraiser and once approved, a distribution is made.

No matter what age you are, it’s tempting to look at all the equity you have in your home and convert it into a “piggy bank.” Like any loan where you reduce your equity, whether it’s a home equity loan, refinancing your current mortgage or a reverse mortgage, always remember that the funds you withdraw are real money and analyze what the effect of that could have on your future. Get professional advice and good luck.

Van Ostenbridge switches races

Van Ostenbridge switches races

MANATEE COUNTY – Incumbent District 3 Manatee County Commissioner Kevin Van Ostenbridge announced he’s no longer seeking reelection in his current district.

He will instead seek election to the District 7 at-large seat currently held by George Kruse, who seeks re-election to another four-year term in that seat. The two sitting county commissioners will square off in the District 7 at-large Republican primary that concludes on Tuesday, Aug. 20.

On May 31, Van Ostenbridge filed his campaign redesignation letter with the Manatee County Supervisor of Elections Office, as did former District 7 Republican candidate April Culbreath, who is now running against Tal Siddique in the District 3 Republican primary.

The winner of the District 7 Republican primary will then face the winner of the Democratic primary between Aliyah Hurt and Sari Lindroos-Valimaki in the general election. The winner of the District 3 Republican primary will face Democratic candidate Diana Shoemaker in the general election.

On May 31, Van Ostenbridge distributed the following text announcement regarding his political lane change: “For me, it boiled down to this: Manatee County Republicans deserve a truly conservative representative who believes in the free market; who will never apologize to liberals; and who will protect and defend every God-given constitutional right. I can continue to represent west Bradenton and at the same time restore the promise of conservative representation to the county as a whole. George Kruse is a liberal. I am a staunch Trump conservative. George Kruse thinks the government knows best. I know the people know best.”

Van Ostenbridge shared his pro-Trump campaign statement the day after a 12-person New York jury found the former president guilty of all 34 felony charges alleged against him.

 

Van Ostenbridge switches races
George Kruse seeks reelection to another four-year term as the District 7 at-large county commissioner. – VoteKruse.com | Submitted

On June 1, Kruse provided The Sun with the following written response to Van Ostenbridge’s statement: “Both the decision to run away from the District 3 race and the context of his announcement are not a surprise to anyone. After a lifetime of living in his district and four years of ‘representing’ his district, the residents out west made it clear through their polling that Kevin only represents himself and a very small handful of people in Manatee County and his district wants him out. I’m happy for those residents and I’m hopeful they’ll once again have a commissioner who actually cares about their voice and their future.

“His announcement of this change is a reflection of how they’ll campaign throughout 2024. When you know you can’t run on your record, you deflect and distract in hopes of finding enough uninformed voters to manipulate into voting against their best interests. Kevin’s consultant (Anthony Pedicini) will deflect everything wrong with him onto me while they continue pushing their revisionist history of the facts. Kevin has consistently fought to stifle the voices of the people he claims ‘know best.’ Through his actions on Anna Maria Island and throughout the county, he has proven to be the foremost advocate of authoritarian, big government, tax-and-spend policies Manatee County has had on our board in a very long time,” Kruse stated.

“I’m hopeful that our community has finally been pushed too far by Kevin and his syndicate. The public is waking up and an informed electorate is not their voter base,” Kruse stated.

DISTRICT DIFFERENCES

Van Ostenbridge has invited opposition on Anna Maria Island due to his ongoing efforts to build a three-story parking garage at the county-owned Manatee Beach in Holmes Beach. Since being elected to the District 3 seat in 2020, Van Ostenbridge has frequently feuded with Holmes Beach Mayor Judy Titsworth and Police Chief Bill Tokajer about beach parking and other parking allowances.

Van Ostenbridge switches races
These anti-Van Ostenbridge campaign signs can be seen throughout Manatee County. – Joe Hendricks | Sun

District 3 includes all of Anna Maria Island, all of Cortez, the northern half of Longboat Key, west Bradenton and portions of Bradenton. It was long-rumored that Van Ostenbridge would switch to the District 7 at-large race if early polling numbers indicated he might not win the District 3 race, which features fewer total voters and a higher percentage of Island voters. Island voters make up a significantly smaller percentage of the total votes cast in the countywide District 7 at-large race.

When winning the election for the first time in 2020, the then-relatively unknown Van Ostenbridge received 23,213 (58%) of the 39,766 votes cast in the general election in which he faced non-party-affiliated opponent Matt Bower. Van Ostenbridge was the only Republican primary candidate in that race.

When winning the election for the first time in the 2020 District 7 at-large Republican primary, Kruse received 21,184 (57%) of the votes cast in the primary race that also included former county administrator Ed Hunzeker. When later running unopposed in the general election, Kruse received 159,894 (93%) of the 171,437 votes cast, with unnamed write-in candidates receiving 11,543 votes.

CAMPAIGN FUNDRAISING

According to the latest campaign fundraising reports, Van Ostenbridge has raised $214,253 so far. Kruse raised $37,088, Valimaki raised $500 and Hurt has raised nothing. In the District 3 race, Siddique has raised $26,933, Culbreath has raised $19,993 and Shoemaker has raised $25,767.

Monday, July 22 is the deadline to register to vote in the August primary. July 22 is also the deadline to change one’s party affiliation to vote in the Republican primaries that will help determine who ultimately wins the county commission seats up for grabs in this year’s general election.

Letter to the Editor: It’s horse, of course

The Suncoast Waterkeepers is a group which watches for problems within our local waters. They aren’t some government group, but one would think otherwise with comments from a recent Facebook post concerning results from tests at Palma Sola Bay and the continuing problems with the water and beaches there. The tests showed that along with human contaminants there were high levels of DNA from horse waste. Some are OK with saying “Of course there is, there are horses there.” Well, there are also people there. These folks long for the old days when a few girls would ride their horses there. They seem to overlook that it’s more than four or five girls riding once or twice a week, it’s now commercial businesses with eight or more horses operating seven days a week. Their waste is a problem at this point. But they blame everything but the horses. Somehow the horses get a pass. So, if the horse waste is so safe (as they claim) then maybe they can add stables to the new garage and have horse rides on Manatee Beach in Holmes Beach too.

 

Rick Lewis

Parrish