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Year: 2024

Prepare for hurricane season

Call me crazy, but whenever the hurricane predictions are disclosed for the impending hurricane season it seems to always be the highest number of storms EVER. Well, this year’s predictions are again warning of an extremely active hurricane season, so batten down the hatches and tie up the kids.

According to the Colorado State University forecast, which came out on April 4, they are indicating 23 named storms, 11 hurricanes and five major hurricanes with between four and six making landfall. By comparison, a typical year averages about 14 tropical storms with seven turning into hurricanes.

The reason for this is a combination of very warm water in the Atlantic and La Nina, which supports more storms. Warm water gives hurricanes fuel and contributes to a more unstable atmosphere. Ocean temperatures in much of the Atlantic have been setting records for more than a year and scientists have been unable to fully explain why.

At the top of the preparedness list are always non-perishable foods and, although many cans have pull tops, it’s best to buy a manual or battery-operated can opener. Next is bottled water and buy it early because, with the prediction of a storm, the shelves are quickly emptied. Batteries, cash in case the ATMs go down in a bad storm, and a full tank of gas are a must. Battery-operated lights and flashlights with candles as a backup are also a must. Once storms are on the way, it’s too late to purchase storm shutters, but this is something you should consider long before you need them.

Charge up your smartphones and tablets and buy a battery backup. Know where your important papers are like insurance policies, school records, mortgage information, tax returns, photos and any other papers you might need in a hurry if your evacuation is longer than you expect. Also, take prescriptions and information to renew them in case you don’t get home for a while. Outside, remove any objects that can be blown away in heavy wind, furniture, toys, plants and awnings. Secure vessels that can’t be relocated with plenty of fenders and extra lines to accommodate the tides and turn off power to the boat.

Have an evacuation plan in place with either a friend or relative and prepare a list of hotels. Don’t forget the pets, their food and medications. It’s also a good idea to take current pictures and/or videos of the interior and exterior of your property for insurance purposes should you have damage.

The mymanatee.org website has a great deal of detailed information concerning everything I just outlined but in more detail. It’s worth taking the time to read it and implement some of their recommendations.

Finally, if you are in the process of selling or purchasing a new property, remember when storms are in the forecast it is usually not possible to bind an insurance company to cover the new property. This could delay your closing, but hopefully, everyone involved in the transaction will be cooperative.

It’s not all bad news. The hurricane season outlook from the National Oceanic and Atmospheric Administration isn’t due out until May. However, their forecasters are looking at some of the same problematic models. Nevertheless, we are all warned not to focus on these predictions since other factors come into play in how many storms we get and how strong they are.

My job is not to make predictions but to remind you to get your property and your family ready for the worst and hope for the best. Just assume it will be an active season and start stocking those cans and cases of water.

Reimagining Pine Avenue bid higher than expected

Reimagining Pine Avenue bid higher than expected

ANNA MARIA – Mayor Dan Murphy is among those disappointed with the $1.4 bid received from C-Squared to construct a one-block Reimagining Pine Avenue prototype area.

On March 25, C-Squared submit­ted the only bid the city received in response to the fourth request for proposals (RFP) issued since 2022 for the long-desired safety improve­ment project.

The latest RFP sought bids for the installation of brick paver sidewalks along both sides of a one-block por­tion of Pine Avenue, from Gulf Drive to North Shore Drive, and for new crosswalks in that one-block area.

On April 11, Murphy briefly discussed the proposal with city com­missioners. He said the C-Squared bid contains numerous line-item expenses including mobilization, traffic control, brick paver costs, crushed granite costs, excavation costs and more.

For comparative purposes, Murphy said he already had line-item cost estimates provided by the Florida Department of Transportation (FDOT), and also by other engineers utilized by the city.

FDOT is the state agency over­seeing the city’s expenditure of approximately $2.5 million in state appropriations previously approved for the Reimagining Pine Avenue project that last year was expanded conceptually to Magnolia and Spring avenues as well.

The city plans to use previously obtained federal funds to install new streetlights in the one-block prototype area, and later along the rest of Pine Avenue.

“I had those two sets of numbers, I had an idea what this should cost, and it was not $1.4 million. That’s what the bid came in at,” Murphy said of the latest C-Squared bid.

He noted that C-Squared previ­ously bid $1.4 million to install sidewalks and crosswalks along the entire length of Pine Avenue.

Murphy said he reviewed the bid with a C-Squared representative and asked him to bring back ad­ditional information that justifies the estimated line-item costs and/or proposes ways to lower those estimated costs. Murphy hopes to provide that follow-up information to the commission on April 25.

Reimagining Pine Avenue bid higher than expected
Mayor Dan Murphy can’t support C-Squared’s $1.4 million bid. – Joe Hendricks | Sun

“I cannot, with a clear conscience, recommend to you a $1.4 million project for one block,” Murphy said, noting the city couldn’t afford to do the rest of Pine Avenue at that rate.

When proposing the one-block prototype earlier this year, Murphy said an engineer estimated the one-block area might cost approximately $450,000.

“It’s disappointing to me to be where we are. I was hoping, at this point, I would be asking you for permission to negotiate a contract,” Murphy said.

He noted the C-Squared proposal will not be made available to the media and the public until the end of the month.

Commissioner Jon Crane noted that C-Squared is currently named as a defendant in a wrongful death lawsuit pertaining to a project the company previously completed for the city of Holmes Beach. Crane said he’d be leery of the potential finan­cial implications associated with that unresolved civil lawsuit.

Regarding the C-Squared bid, Commissioner Mark Short said, “It’s disappointing, to say the least, and let’s hope that maybe they come back with a little sharper pencil by the end of the month.”

Since 2022, C-Squared has submit­ted the only four bids received in response to the city’s Reimagining Pine Avenue RFPs. For various rea­sons, the city commission rejected three previous C-Squared bids.

Related coverage: Another Reimagining Pine Avenue decision looms

Commission receives proposed charter amendments

Commission receives proposed charter amendments

ANNA MARIA – Six potential charter amendments and an ad­ditional recommendation proposed by the charter review committee have been presented for city commission consideration.

Charter Review Committee Chair Chris Arendt presented the proposed amendments to the city commission on April 11.

The commission can accept, reject or modify any or all of the committee’s proposed charter amendments and future commission discussion and decision-making is still needed.

Any charter amendments supported by the commission will be placed before the city’s registered voters on the fall ballot. The commission can also propose additional amendments of its own to place on the ballot.

PROPOSED AMENDMENTS

The first proposed amendment is a response to state legislators who may seek the future consolidation or elimination of the three Anna Maria Island cities.

The committee proposes inserting into the charter a statement that adds a new reference to home rule while echoing a statement already included in the city’s comprehensive plan: “The city of Anna Maria will ensure that the single-family detached residential character and home rule of the city is maintained and protected while sup­porting commercial uses within the commercial and ROR land use catego­ries, while maximizing the enjoyment of natural and man-made resources by the citizens and minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation.”

Anna Maria’s comp plan and build­ing codes restrict building heights to three stories, but the comp plan and the building code could be amended by a future commission.

A building height-related charter amendment would ensure that any future changes to the height limit restrictions would require the majority support of Anna Maria’s voters – as long as Anna Maria remains an independent municipality.

The committee proposes charter language similar to this: “Aside from approved exemptions, no building or part thereof shall exceed a height of 37 feet as measured from the crown of the road at the front center of the property to the highest point of any portion of the building.”

The charter currently requires a city ordinance supported by the commission majority to sell or lease a city property. The committee proposes an amendment that would require the unanimous support of all sitting commissioners.

Additional proposed amendments pertain to residency requirements for elected officials after taking office, which commission members can schedule a special commission meeting and which city employees are considered officers of the city.

The committee also recommends eliminating all gender-specific pronouns and replacing them with nouns specific to the title of the person be­ing referenced. City Attorney Becky Vose said eliminating gender-specific pronouns wouldn’t require city voter approval.

COMMISSION FEEDBACK

Commissioner Jon Crane said a charter statement referencing home rule would be an aspirational statement that’s hard to actually implement.

“It says the city will ensure, but how are we going to ensure it? I don’t know how,” Crane said.

Commission receives proposed charter amendments
Commissioner Jon Crane expressed initial opposition to some of the proposed charter amendments. – Joe Hendricks | Sun

Arendt said the committee felt it would be nice to have such a state­ment in the charter but he concurs that it would be difficult to implement.

Crane expressed initial opposition to requiring the unanimous support of the commission to sell or lease a city property and Commissioner Kathy Morgan agreed. Crane also said he hopes to reduce the number of ques­tions presented to city voters so they have fewer ballot items to focus on.

Commission receives proposed charter amendments
Commissioner Charlie Salem suggested future discussion on requiring appointed commissioners to face election to retain their appointed seat. – Joe Hendricks | Sun

Raising a concern not addressed by the committee, Commissioner Charlie Salem suggested the commission engage in future discussion about a potential charter amendment that would require an appointed commis­sioner to face election in the next city election if they wish to remain in office for the remainder of the term they were appointed to – if the remainder of that term extends beyond the next city election.

After noting that similar provisions apply at the federal level, Salem said, “It might give our residents an opportunity to express their will on that office.”

City to grandfather existing CBD, hemp sales

City to grandfather existing CBD, hemp sales

ANNA MARIA – Businesses in the city that currently sell CBD and hemp products will be allowed to continue doing so with a soon-to-be-adopted grandfathering exception.

A city ordinance adopted in 2015 to prohibit medical marijuana dispensaries also prohibits the sale of any product made from the cannabis plant, including CBD and hemp products – even though Florida law allows CBD and hemp sales.

Anna Maria leaders want to allow limited CBD and hemp sales without allowing full-blown CBD stores like those legally operated in Holmes Beach and many other Florida cities.

City to grandfather existing CBD, hemp sales
Anna Maria City Attorney Becky Vose crafted the proposed grandfathering ordinance. – Joe Hendricks | Sun

On April 11, City Attorney Becky Vose presented newly-proposed Ordinance 24-293, which contains the following language: “Businesses with a business location in the city of Anna Maria – not to include mobile sales – that, as of April 1, 2024, regularly sold product that would otherwise have been prohibited shall be eligible to receive grandfather status to continue such sales, but not to increase the volume of such sales, in accordance with procedures outlined in a resolution to be adopted by the city commission.”

To receive grandfathered status, busi­nesses that currently sell CBD and/or hemp products will have to register those business activities with the city.

The city’s efforts to revise its CBD and hemp prohibitions began in February after Holmes Beach-based CBD vendor Mel Wendell was told she couldn’t participate in an arts and crafts fair taking place in Anna Maria.

City to grandfather existing CBD, hemp sales
The North Shore Café can continue using non-CBD hemp products. – Joe Hendricks | Sun

The North Shore Café owners then received a notice of violation for selling food and drink products made with a legal hemp powder containing trace amounts of THC. The Cool Beans AMI coffee shop owners received a notice of violation for selling CBD products. Those two businesses will be eligible for city commission-approved grandfathering exemptions.

City to grandfather existing CBD, hemp sales
Cool Beans AMI will be allowed to continue selling CBD products. – Joe Hendricks | Sun

When offering public input during the April 11 meeting, AMI Beach & Dog Supply owner Janalee Gallagher informed city officials that canine-grade CBD products are currently sold at her Anna Maria business. Gallagher was told she would also be eligible for the grandfathering exception.

The proposed ordinance has not been formally adopted yet and the accompanying city resolution that establishes the specific grandfathering rules and requirements is expected to be presented soon.

The commission previously rejected a proposed ordinance that would have limited CBD and hemp offerings to no more than 10% of a retail establishment’s total inventory. The commission felt the 10% threshold would be nearly impossible to enforce and would require an audit of the retailer’s entire inventory.

STATE LEGISLATION

Anna Maria’s efforts to amend its CBD regulations occur at a time when stricter CBD regulations proposed by the Florida Legisla­ture await transmittal to Gov. Ron DeSantis to veto, sign into new state law or allow to become state law without his signature.

On April 9, Vose sent the mayor and commissioners a copy of SB 1698 and a brief summary of the proposed state law that said: “It basically prohibits the sale of hemp-based products that create euphoric effects on people by putting caps on the amount of THC concentration in hemp-based products that can be sold. The publicity surrounding the bill seems to indicate that it will prohibit a large percentage of the products sold in CBD stores.”

The ordinance Vose presented on April 11 says, “Nothing in this ordinance shall be construed to allow the sale of any product which is otherwise prohibited by Florida law.”

On April 11, Vose also noted legalizing recreational marijuana statewide will be on the general election ballot this fall.

Related coverage: Commission struggling with CBD regulation

Another Reimagining Pine Avenue decision looms

Another Reimagining Pine Avenue decision looms

ANNA MARIA – For the fourth time, commissioners will soon be asked to accept or reject a Reimagining Pine Avenue bid proposal submitted by the C-Squared construction company.

On March 25, City Clerk LeAnne Addy opened the only bid received in response to the city’s fourth request for proposals (RFP) since 2022. Despite being previously rejected three times, Sarasota-based C-Squared CGC Inc. again submitted the only bid.

The RFP sought proposals to construct a one-block Reimagin­ing Pine Avenue prototype between Gulf Drive and North Shore Drive. The proposed prototype area would include the same safety improvements desired along the entirety of Pine Avenue – brick paver sidewalks along both sides of the street, new crosswalks and new streetlights.

The sidewalks and crosswalks are to be funded using a $1.28 million state appropriation that the Florida Legislature and Gov. Ron DeSantis approved in 2022. An additional $1.4 million state appropriation was approved in 2023 to expand the project to include similar safety improve­ments along Spring and Magnolia avenues, although no formal plans for those two additional streets have been presented.

Another Reimagining Pine Avenue decision looms
City Clerk LeAnne Addy opened C-Squared’s latest bid on March 25. – Joe Hendricks | Sun

While seated in the commis­sion chambers, Addy opened C-Squared’s sealed bid with only a C-Squared representative and The Sun present. In accordance with previously-established city protocol, only the name of the bidder was made public. No additional details, including the proposed price, were made public. The bid details will be made public when C-Squared’s proposal is presented for city commission discussion and consideration. The agenda for the commission’s April 11 meeting includes a Pine Avenue RFP update but it doesn’t indicate whether any formal commission decision-making is expected.

Another Reimagining Pine Avenue decision looms
City officials are concerned about bicyclists’ safety along Pine Avenue. – Joe Hendricks | Sun

If the commission ulti­mately rejects C-Squared’s latest proposal, the city could issue a fifth RFP, this time seeking bids for all of Pine Avenue or the entire expanded three-street project. In February, Commissioner Mark Short noted the city has until the end of the calendar year to spend the appropriation funds approved in 2022. Although unlikely, the mayor and commission could abandon the project and forego the state funds if a contractor can’t be secured.

C-Squared hasn’t done any previous projects for the city of Anna Maria, but the company has completed city projects in Bradenton Beach and in Holmes Beach. Several years ago, C-Squared replaced the failing brick paver crosswalks on Bridge Street in Bradenton Beach that were installed by another company.

C-Squared completed the city center project for the city of Holmes Beach in 2023. The company is currently named as a co-defendant in a civil lawsuit pertaining to the 2023 death of pedestrian Miriam Trotter, who was struck by a vehicle driven by Michael Ritchie in a C-Squared work zone and traffic manage­ment area associated with the city center project.

The lawsuit alleges C-Squared and Ritchie share re­sponsibility for the fatal accident and alleges C-Squared failed to maintain a safe work zone. According to court documents, Ritchie denies responsibility for the accident and faults C-Squared for not maintaining a safe work zone; and C-Squared denies responsibility for the actions of Ritchie and Trotter.

PAST PROPOSALS

None of the four Reimagining Pine Avenue RFPs produced bid proposals from any firm other than C-Squared.

The initial feasibility study and planning process began in mid-2021 with contracted project engineer Gerry Traverso leading those efforts.

Another Reimagining Pine Avenue decision looms
Along some portions of Pine Avenue, unpaved meandering paths are used by some pedestrians and ignored by others. – Joe Hendricks | Sun

During a series of public meetings, several ideas and concepts were proposed, discussed and in some cases rejected. The rejected ideas included transforming Pine Avenue into a one-way street, with Spring or Magnolia also serving as a one-way street. The commission also rejected installing a roundabout/delivery truck turnaround area at the end of Pine Avenue, near the City Pier.

The commission discussed potentially eliminating approximately 50 parallel parking spaces along Pine Avenue to create space for bike paths and/or multi-use paths. Some past and present commissioners expressed support for doing so, but eliminating those parking spaces has never garnered the majority support of the city commission.

Another Reimagining Pine Avenue decision looms
City officials hope additional and enhanced crosswalks will improve pedestrian safety. – Joe Hendricks | Sun

In February 2022, the commission approved Traverso’s conceptual plans for the sidewalks and crosswalks.

The following month, the commis­sion authorized the issuance of the first Reimagining Pine Avenue RFP for the installation of new sidewalks, crosswalks and streetlights along Pine Avenue. That RFP produced a single C-Squared bid for approximately $2 million, with a significant portion of the proposed costs associated with streetlighting.

In May 2022, the commission voted 4-0 in favor of rejecting C-Squared’s first bid and issuing separate RFPS for the sidewalks and the streetlight­ing, with the city self-installing the crosswalks. In response to a second RFP later issued for the Pine Avenue sidewalks, C-Squared bid $1.09 million to install brick paver sidewalks or $1.22 million to install rubberized Flexi-Pave sidewalks.

In July 2022, the commission authorized Murphy to engage in further fact-finding discussions with C-Squared regarding their second proposal, and that month Gov. Ron DeSantis approved the city’s $1.28 state appropriation request.

In August 2022, Murphy received a letter from the Florida Department of Transportation (FDOT) informing him that FDOT would oversee the expenditure of state funds and the Reimagining Pine Avenue plans and RFPs required FDOT review and approval. That led to the second C-Squared proposal being rejected, even though Murphy said it was a good proposal.

It was later learned that using state funds to install new streetlights would subject the city to FDOT’s less aesthetically pleasing lighting standards. The commission agreed to instead use leftover federal American Rescue Plan funds to pay for the streetlights.

In March 2023, the city issued a third RFP, again for the Pine Avenue sidewalks and again producing a single bid from C-Squared. When Murphy initially reviewed that bid with the commission the following month, he said it was approximately $418,000 higher than the previous bid.

Murphy said the increase could be partially attributed to the RFP requesting crushed granite, rather than crushed concrete, be used as fill material for the drainage trenches below the new sidewalks. Murphy noted labor costs also increased since the previous bid was received.

Later that month, the commis­sion voted 4-1 in favor of rejecting C-Squared’s third proposal. Commis­sioner Jon Crane opposed rejecting the bid because he didn’t feel the city would get a better proposal.

Another Reimagining Pine Avenue decision looms
Many forms of transportation are utilized along Pine Avenue. – Joe Hendricks | Sun

In November, Murphy proposed the one-block Reimagining Pine Avenue prototype. In February, Murphy told the commission Traverso estimated the one-block prototype might cost $425,000 to $450,000. Murphy said the prototype area would serve as a test area that would provide additional insights as to what unexpected challenges and obstacles might be encountered along the rest of Pine Avenue. Murphy acknowledged that he wasn’t sure the smaller-scale prototype project would attract any or many bidders.

In late February, the city issued the fourth RFP that produced the latest bid from C-Squared, which brings the city to its current juncture with the long-delayed project.

Dietrich home demolished

Dietrich home demolished

ANNA MARIA – Like so many others on Anna Maria Island, the ground-level house at 101 Mangrove Ave. that long served as home to the late Jack and Betty Dietrich and their family has been demolished.

The demolition took place March 25-27.

Jack, a former principal at Anna Maria Elementary School, passed away in August 2022 at the age of 92. Betty passed away in February 2010. Betty’s father built the home in 1925 and it was renovated and expanded over the years. The property is located at the beach end of the street, near a beach access point.

Dietrich home demolished
Betty Dietrich’s grandfather built the family home in 1925. – Dietrich family | Submitted

The former Dietrich property is now owned by 101 Mangrove LLC, which lists Adam Guy, of Columbia, Missouri, as its manager. In March 2023, Guy and the LLC purchased the property from the Dietrich children for $3.6 million.

Dietrich home demolished
The carport was demolished on March 25. – Joe Hendricks | Sun
Dietrich home demolished
The Dietrich home was demolished on March 26. – Joe Hendricks | Sun

Between the time of the sale and the demolition, the home was a short-term vacation rental. After the sale, the Dietrich children – Beth Conner, Jan Smith and Greg Dietrich – rented their parents’ former home on two different occasions to spend some final time there together before it was gone.

The Dietrich family home was recently reduced to a pile of rubble to make room for a new residential structure. – Joe Hendricks | Sun

After receiving photos of the demolition taking place, Conner, via text message, said, “So sad. My grandfather built that house in 1925 for his family to summer there. Many generations have so many wonderful memories there. It was the gathering place for our family and friends. Selling it was one of the most difficult things my siblings and I have ever had to do. We’re so grateful for having grown up there and sharing it with our children and friends. The house and the famous porch were a family affair. If you were there, you were family. The memories are too many to count and will be with us until we are torn down ourselves.”

Dietrich home demolished
By March 27, most of the rubble had been removed. – Joe Hendricks | Sun

After the house was demolished, a family friend grabbed five pieces of wood from the pile of rubble to give Conner the next time she visits.

Dietrich home demolished
In 2022, Jack Dietrich, 92, was joined on the porch by family friend, Rick Lewis, daughter, Beth Conner, and son, Greg Dietrich. – Joe Hendricks | Sun

Family friend and former Anna Maria resident Rick Lewis spent many hours on the Dietrichs’ porch.

“They had family get-togethers, birthdays and holiday parties, but one thing that was huge for many years was the parties on “The Porch,” during football games. Of course, it was the Bucs and the ‘Noles games, but there were always big games to be celebrated. FSU vs. Miami was a big draw, but the big daddy of them all was FSU vs. UF. Those games would bring 15 or more fans from both sides. So many highlights and the memories will never go away,” Lewis said.

Youth spring soccer starts at The Center

Youth spring soccer starts at The Center

ANNA MARIA – April brings youth soccer back to The Center’s fields with the oldest players starting off the season with fun scrimmages on jamboree night. The 8- to 10-year-old league played their first games of the season.

The six teams went head-to-head last Tuesday night, with two teams earning their first wins. Team The Intuitive Foundation and Solid Rock Construction each defeated their opponents. Ending in a tie, Emily Moss Design and Isola Bella Italian Eatery finished their opening game 0-0.

The Intuitive Foundation easily won against the Shady Lady Horticultural Services squad 8-2. Joseph Caballero and Leo Tyler each got past the goalie for Intuitive. Teammate Simon Messinger had seven saves in the game.

Scoring for The Intuitive Foundation were Parker Svoboda, Silas Whitehead, Sawyer Leibfried and Gunnar Maize. The group had a total of eight points, contributing to the team’s win.

Playing keeper for the Intuitive team, Leibfried and Svoboda each had a single save, along with Maize’s single assist in the first game of the week.

Ending in a tie with no goals scored, Emily Moss Design and Isola Bella Italian Eatery go into week two of spring soccer seeking their first win. Goalkeepers Miles Moss, with seven stops, and Isola Bella’s Carson Long, making six saves, enforced the strong defensive action of both teams.

In a close battle, Solid Rock Construction came out on top with a single goal by Everly Chaplinsky against the AMI Coconuts team.

Protecting the goal for Solid Rock, Samuel Raulerson had six stops and Elijah Roadman made two saves. Goalie Andre Harwood had five saves, while teammate Owen Serra recorded a stop of his own to help keep their team in the game.

Adult soccer action puts teams Sato Real Estate and Progressive Cabinetry at the top of the ranks with two wins. Team Beach House Waterfront Restaurant and Salty Printing share a one-win-one-loss record.

With one win and a tie, Pool America is in the middle of the pack. Diamond Turf, Language Services Association, Solid Rock Construction, Ross Built Custom Homes and Moss Builders hope to earn their first wins on Thursday night.

 

SUN SCOREBOARD

 

 

APRIL 2

 

YOUTH SOCCER – WEEK 1

8- TO 10-YEAR-OLD LEAGUE

 

 

The Intuitive Foundation 8

Shady Lady Horticultural Services 2

 

 

Emily Moss Design 0

Isola Bella Italian Eatery 0

 

 

Solid Rock Construction 1

AMI Coconuts 0

 

 

APRIL 4

 

ADULT CO-ED SOCCER – WEEK 2

 

 

Sato Real Estate (2-0-0) 5

Language Services Association (0-2-0) 2

 

 

Beach House Waterfront Restaurant (1-1-0) 2

Diamond Turf (0-2-0) 1

 

 

Progressive Cabinetry (2-0-0) 6

Salty Printing (1-1-0) 3

 

 

Pool America (1-0-1) 2

Solid Rock Construction (0-0-2) 2

 

 

Ross Built Custom Homes (0-0-2) 1

Moss Builders (0-1-1) 1

New world of home sales

The world is changing so fast with artificial intelligence, electric and self-driving vehicles and instantaneous information on every subject at our fingertips. For professionals who are members of the National Association of Realtors, their world has just been upended.

Last week we reviewed the National Association of Realtors’ landmark settlement regarding the agent commission system. The major conclusion of this settlement is that compensation in the form of commissions will no longer be shown on the multiple listing services. Listing agents can still negotiate commissions through private conversations and written agreements, but these agreements cannot be shown on the multiple listing website.

The disadvantage for sellers is that buyer’s agents do not know what their commission will be immediately and some of them may be reluctant to show the property to potential buyers without this information. Regardless of what many people believe, commissions have always been negotiable between the seller and their agents, the difference now is that this percentage is not obvious to buyers’ agents immediately. In an effort to work with this new ruling, brokers and their agents are looking for new payment models.

Starting in July, sellers won’t need to make an upfront offer for how much they will pay a home buyer’s agent. Sellers and their agents could, however, continue using the selling model that has been in place for generations and share the agreed-upon commission, it just won’t become part of the published listing agreement and will require buyer’s agents to call the listing agent and ask what their share of the commission is, another layer to an already busy job.

Flat fees for service provided might work as a new commission model. Under this approach, buyers would agree to pay their agent directly, but they could still choose to ask the seller to cover this cost. Asking sellers to cover the cost of mortgage points for the buyer has always been a part of the negotiation on a property in addition to other fees or a portion of property taxes, therefore, asking to pay buyers’ brokers is not a stretch for sellers.

Many customers like the flexibility of flat fees or hourly rate models which can significantly lower the fees paid to a buyer’s agent and might also work for selling agents. This would require the buyer or seller to perform more of the work to close out a transaction themselves but save on commissions.

It’s not as easy as it sounds. Paying for advertising, open houses and following up on inspectors, mortgage commitments and title companies is something realtors are accustomed to doing every day. Taking time out of your workday may not look as attractive once you have to make all of the phone calls yourself and the savings in money may not justify the time spent.

The National Association of Realtors provided these statistics: 86% of buyers purchase their home through a real estate agent or broker; 89% would use their agent again or recommend them; 51% found their home on the internet and 29% found their home through an agent; and for sale by owner properties accounted for only 10% of home sales in 2021.

No doubt agents will leave the business rather than deal with the complications of the changes and that’s a good thing. Since COVID there has been an influx of new inexperienced agents to the business. It’s not an easy job and anyone who has done it will understand that. No matter how much the world spins with changes every day, you can’t take away the importance of in-person contact with other humans, and that’s what realtors bring to the table.

Rotary, Ringling team up for ecological film series

Rotary, Ringling team up for ecological film series

The Rotary Club of Longboat Key is nearing completion of a short documentary film series created in collaboration with Ringling College of Art and Design’s film department. Partners include the Rotary Club of Sarasota Bay, Save our Seabirds, Longboat Key Turtle Watch, Mote Marine Laboratories, the Town of Longboat Key, Oyster River Ecology (ORE) and Suncoast Waterkeeper.

On March 24, I had the pleasure of working with seniors in the film department as part of the series highlighting the work of the Sister Keys Conservancy and Longboat Key in protecting the islands and the work of Suncoast Waterkeeper (SCWK). I picked up the SCWK patrol boat early that morning and, after an interview about the Sister Keys and Suncoast Waterkeeper, we took a boat ride on Sarasota Bay and a tour of the Sister Keys.

As part of the project, an introductory short film is being developed regarding Rotary’s initiative to network with conservation organizations in support of environmental sustainability and stewardship via educational outreach. Once completed, the films will be available to organizations including district Rotary clubs, other civic and conservation organizations, and academic institutions. Exemplary people in action will be highlighted. Two additional short films will illuminate the unique grassroots history and real-time examples of sea turtle and shorebird conservation, research and education services provided by the Longboat Key Turtle Watch, Mote Marine Laboratories, Save Our Seabirds, SCWK, ORE and other environmental groups.

The effort intends to establish a multi-year film documentary program with the Ringling film department to highlight contemporary coastal ecology and sustainability issues and solutions. Additional future topics anticipated include micro-foresting, eco-restoration and Sarasota Bay conservation.

A summer internship at Ringling College is being established to facilitate the development of short film documentaries and provide students with a meaningful work/study experience.

I’ll keep readers apprised of the progress of the series and the date the film series will be premiered.

Bradenton man arrested for allegedly selling cocaine

HOLMES BEACH – A tip from a witness about a suspected drug deal on March 29 led to the arrest of a Bradenton man on multiple charges, including felony possession of cocaine with intent to sell.

The incident began at 11:36 p.m. when Holmes Beach Police Department (HBPD) Officer Andrew Adkins was dispatched to the 5300 block of Holmes Boulevard after a witness called dispatch, saying she saw a man sell cocaine to another person near a dumpster, according to the police report. The caller said she saw a white male with red dreadlocks wearing a black hoodie and baggy khaki pants selling drugs near a restaurant.

At the scene, Adkins recognized Robert Riddick, 35, of Bradenton, who was familiar to Adkins from previous interactions with the HBPD.

Bradenton man arrested for allegedly selling cocaine
Robert Riddick

“Upon arrival, I turned from Gulf Drive on Holmes Boulevard northbound. I immediately saw Robert wearing a black hoodie and baggy khaki pants smoking near the front of Vinny’s Italian Kitchen and walking away from the CBD shop that Officer Christopher Liotti just pulled up by,” Adkins wrote in his report. “Robert looked at me, put his hood up over his head, and started walking towards the Freckled Fin Irish Pub (also in the 5337 Gulf Drive plaza). I stopped my vehicle and started walking up to Robert. Robert kept walking away from me and walked inside the Freckled Fin Irish Pub so I followed him. While walking behind Robert I could smell a strong odor of marijuana coming from him. Inside the bar Robert stopped so I approached him. The odor of marijuana increased the closer I got to him. Due to this, I had Robert step outside. I knew that Robert’s medical marijuana status was suspended from a previous encounter and that he is also on pretrial release. Robert didn’t initially want to go with me and made comments asking about what he did and how he just got here.”

Adkins said Riddick eventually complied and stepped outside with him, where Riddick continued to deny smoking marijuana and said he had just arrived in the area and only smoked a cigarette. Adkins told Riddick that due to the strong odor of marijuana, he was going to search his pockets for illegal substances. Adkins reported finding a cigarette pack with a marijuana joint inside, as well as a phone wallet containing $111 in cash, six small baggies containing a white powder substance in his left cargo pant pocket and $228 in cash in his right pocket. A field test of the substance was positive for cocaine, which had a weight of 10.7 grams. Riddick was placed under arrest for felony possession of cocaine with intent to sell and violation of his pre-trial release on charges related to a March 12 arrest. He was also charged with possession of marijuana under 20 grams.

“I know based off of my training and experience, when items like that are used together it is indicative of illegal drug sales,” Adkins said. “Also, conditions of Robert’s pretrial release are not to violate any new laws, not take illegal drugs and no possession of prescription medication without a prescription.”

Riddick was taken to HBPD for processing, and after being read his Miranda warning, said he was not selling cocaine but did know his medical marijuana card was suspended, according to the report.

Once the paperwork was completed, Riddick was transported to the Manatee County Jail where he remains in custody on a $3,000 bond. He is scheduled to appear before Manatee County’s 12th Judicial Circuit Court Judge Teri K. Dees on Friday, May 24 at 9 a.m.

Disputed, then approved beach home being built

Disputed, then approved beach home being built

ANNA MARIA – Construction is well underway on Fedora Campbell’s new beachfront home at 105 Elm Ave.

Campell’s new home is being built in front of and seaward of the neighboring home at 107 Elm Ave. formerly owned by Wendy and Robert Jordan’s North Carolina-based WAJ Rustic Vacations LLC.

In April 2021, the Jordans purchased the $4 million beachfront home and property at 107 Elm that at the time offered a mostly unobstructed view of the beach and the Gulf of Mexico.

Disputed, then approved beach home being built
The home at 107 Elm Ave. used to have an unobstructed view of the Gulf. – Joe Hendricks | Sun

A few months later, after learning of Campbell’s plans to build a new beachfront home in front of their home, the Jordans launched a much-publicized, but ultimately unsuccessful, Preserve AMI opposition campaign that included a website and an online petition drive. The website and petition drive opposed the Florida Department of Environmental Protection (FDEP) ruling that allowed for Campbell’s new home to be built seaward of the Coastal Construction Control Line, on a property that currently had no direct street access to Elm Avenue because the street ended at 107 Elm.

The Preserve AMI campaign also included signs placed along the beach walkway that encouraged Anna Maria Mayor Dan Murphy to “do the right thing,” even though the mayor had no legal grounds to overrule the FDEP permitting decision unsuccessfully challenged by a group of neighboring property owners, who were later joined by the Jordans in the dispute.

In June 2022, Campbell and her attorney, Kevin Hennessy, addressed the Anna Maria City Commission while seeking a right-of-way use permit that would allow Elm Avenue to be extended to connect to Campbell’s property at Campbell’s expense. Hennessey noted Campbell’s property was platted in 1912 and purchased by her father in 1925. Campbell, a Bradenton resident, said she began visiting Anna Maria and that family’s vacant beachfront property when she was about 2 years old.

The following month, after further review by FDEP, the city commission approved the right-of-way use permit that later allowed for the issuance of the other city-issued building permits needed to construct the new beachfront home.

Around that same time, the Jordans put their house and property on the market. In December 2022, the Ohio-based Depalma Corporation Inc. bought the 107 Elm home and property for $4.15 million and it’s now being rented as a short-term vacation rental.

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Commission denies another parking lot

BRADENTON BEACH – City commissioners denied a temporary use application for a paid parking lot next to the Gulf Drive Café at an April 4 commission meeting.

The application for 900 Gulf Drive N. was submitted by applicant Joshua LaRose on behalf of property owner Wendy Kokolis.

Julian Botero represented the applicant at the commission meeting.

“We’re looking for paid beach parking, 27 spots on the south end of Gulf Drive Café at the white fenced-in lot,” Botero said. “This is a C-2 (commercial) zone, similar to everything else going on on the Island.”

Botero noted that the parking area would give visitors direct access to the beach.

“We got an application for a paid parking lot,” City Building Official Darin Cushing said. “This is again a case of where it got started before it was requested. We told them to halt construction, we had to have a permit.”

Mayor John Chappie cited a number of his concerns about the application.

The property is seaward of the Coastal Construction Control Line, he said.

“Several state agencies need to chime in on this after-the-fact application. This is something we’re cracking down on,” Chappie said. “These are the problems you run into when you do something without asking and it creates problems with the city.”

The applicant requested that hours of operation for the parking lot be approved for 6 a.m. to 2 p.m. and that it could be used as additional parking for the Gulf Drive Café.

“None of this jives. It makes me wonder what’s going on here,” Chappie said.

Chappie expressed concerns about the health, safety and welfare of the public in a high-density, high-traffic area.

“This is two blocks from the Cortez Road intersection, one of the busiest on the Island and the busiest in Bradenton Beach,” he said. “It’s high density with condos to the south. I’m concerned about that and the traffic.”

Chappie said there are no crosswalks in the immediate area, which has high pedestrian activity.

“I don’t see how the negative impact can be mitigated,” Chappie said, also taking issue with the proposed hours of operation and the potential for lights on the beach to disorient sea turtles during nesting season, which begins May 1.

Cushing said that the application for the parking lot would require approval from multiple agencies prior to the city considering approval.

“You’re under an FDEP (Florida Department of Environmental Protection) permit for an addition to the restaurant, this would require this as well,” he said. “There’s no way we can say yes. There’s the FDEP sea turtle division. SWFWMD (the Southwest Florida Water Management District) would also have to get involved. There are state agencies that have required permits before we can even take a look at this.”

PUBLIC OPPOSITION

During public comment, several people spoke in opposition to the application to which Botero replied, “We feel precedent has been set, such as the parking lot at the Beach House, which is the same dis tance from the Cortez Bridge intersection. We could change the time of operations,” he said. “City lights were attracting turtles. All the other lots that have been approved have been in residential areas. Ours is not.”

“When you’re dealing with a temporary use permit every application stands alone,” Chappie said, adding that not all applications for temporary parking have been approved, and those that were have come with stipulations to protect the health, safety and welfare of the community.

City Attorney Ricinda Perry said Bradenton Beach Police Chief John Cosby objected to the parking lot and said it would cause excessive vehicular traffic in the area.

“The chief specifically objected to turning on a southbound lane from a parking lot because it will likely back up traffic,” Perry said. “To travel in the northbound lane will require a vehicle to travel across three lanes of traffic and that is very dangerous, especially without traffic control devices.”

Perry added that without an FDOT study and without support of FDOT, the proposed parking would create a dangerous situation.

“People need to stop doing things before they come to the city, period, it’s not going to be tolerated. We have rules and regulations and we treat everybody the same according to our land development regulations and our comprehensive plan and it creates problems, and creates a tremendous cost to the taxpayers when things happen the way they should not happen,” Chappie said.

Commissioners deny paid parking lot

Commissioners deny paid parking lot

BRADENTON BEACH – City commissioners denied an application for a temporary use paid parking lot at 2509 Gulf Drive N. at their April 4 meeting.

The application, which stated the property was in an R-2 (residential) zone, was submitted by Rick Munroe, of Sarasota-based Palm Parking, on behalf of property owner Mark Toomey for a 19-space paid parking facility.

“We feel we’re providing a service for short-term accommodations,” Munroe said. “We’re asking for a 24-hour operation.”

“We have nothing that has been presented by FDOT (Florida Department of Transportation), FDEP (Florida Department of Environmental Protection), SWFWMD (South Florida Water Management District)” – the state agencies that conduct review processes on such proposals, Mayor John Chappie said.

According to building official Darin Cushing, a site plan was not presented with the application.

“We need more documentation, a parking plan,” Cushing said. “We need a better idea of what the full plan is.”

Toomey said the site plan had been submitted with the application.

“I delivered the site plan myself. I don’t know how that piece of paper didn’t arrive. There’s two site plans on there,” Toomey said.

Toomey said he attempted to have a home built on that property four years ago and it was denied by the commission.

“The option is to have an additional 19 spaces here,” Toomey said. “Coquina Beach is full every day. We’re giving people an additional option. If I could have a permanent permit, I would do so. If that doesn’t work, I’ll have to sell it to one of the developers on the island.”

A copy of the site plan was then presented to commissioners at the meeting.

“I’m not sure how it wasn’t included in the package,” Cushing said. “I don’t know if we can consider it (the application) without the other agencies.”

“There’s a procedural component to offer the applicant the opportunity to continue this to the next commission meeting so the commission can review the site plan,” City Attorney Ricinda Perry said. “The site plan for whatever reason didn’t make it into the packet, they’re entitled to have that reviewed by the commission. The proper step is to ask if they would like to continue this to the next meeting so the commission can receive and review the site plan or are they prepared to move forward and allow the commission to make their decision tonight?”

At that point, Toomey stated the property was in C-2 (commercial) zone, despite the application indicating it was in an R-2 (residential) zone.

“On your application, it clearly says R-2,” Chappie said. “What is your decision? Do you want us to proceed with the process here? Or have the opportunity to come back so we have a full packet?”

“You have the full packet,” Toomey said. “The site plan magically disappeared out of the application so I don’t think in two or four weeks you’re going to change your mind.”

“We’re not here to argue, we want to be sure it’s a clean presentation and have a key component of your application,” Chappie said.

“I don’t think we’ll be submitting any further paperwork with regard to the parking,” Toomey said.

Cushing characterized the site plan as a diagram showing spaces as they fit into the lot, without showing dimensions. He said the document did not show emergency vehicular access, ingress and egress, or a drainage plan. There was one handicapped-accessible parking spot shown.

Several people spoke during the public comment session of the meeting.

“We need a moratorium on paid parking because you’re going to set a precedent and wind up in litigation. If you give it to George you have to give it to John, and so on and so forth,” Bradenton Beach property owner Bob Bolus said, also asking the city to govern parking fees.

“I think it’s clear the applicant doesn’t have his ducks in a row until those other agencies are approached,” John Lutz said.

“There was a public comment stating the city is inviting litigation by issuing temporary use permits,” Perry said. “This does not invite litigation. Every single application is considered on an individual basis on the characteristics of the surrounding properties, the testimony from the public, the location. Everything is a specific decision. There is no precedent set approving one location and denying another.”

She also noted there is a Florida statute that preempts the ability of cities to regulate what anyone can charge for parking.

“You will have to make the decision based on testimony you received today,” Perry advised the commission.

“We don’t have information from FDEP, FDOT or SWFWMD,” Chappie said. “The site plan doesn’t provide adequate information to make a clear judgment.”

The applicant left the chambers prior to the commission vote in which commissioners Jan Vosburgh, Marilyn Maro and Deborah Scaccianoce along with Mayor Chappie unanimously voted to deny the application.

Property owners seek stop to kayak tours

Property owners seek stop to kayak tours

HOLMES BEACH – Residents Roger and Irene Alvarez are hoping for help from the legal system to prevent kayaking clients from Fun Florida Tours from trespassing on their property and causing what they call a nuisance.

In a complaint filed on March 29 in the 12th Judicial Circuit Court in Manatee County, the couple alleges that tours conducted by the company, which occur daily about every 1.5 hours from 8 a.m. to 11 p.m., are causing irreparable harm to their quality of life and damaging their property.

The home at 201 North Harbor Drive is on an inlet off Anna Maria Sound called Sportsman’s Harbor, which borders a residential district in Holmes Beach. In the lawsuit, the couple alleges that the kayakers are loud, disruptive and damage their property by constantly grabbing onto and pushing off their dock, seawall and boat. The couple states that they’re concerned that someone could be hurt on their property during one of the tours, making it a liability issue for the private property owners. They also say they must constantly monitor the kayakers when the tours are brought by their home.

Property owners seek stop to kayak tours
A photo shows what a clear kayak tour with LEDs looks like on the water during a nighttime tour with Fun Florida Tours. – Submitted | Fun Florida Tours

In addition, they allege that the nighttime tours feature brightly illuminated kayaks which cause more of a disturbance, along with noise.

The couple is seeking damages of $50,001 along with an injunction to prevent the kayak tours from being conducted in Sportsman’s Harbor.

As of press time for The Sun, the case had no hearing date set, but was assigned to Judge D. Ryan Felix.

In an April 3 email from a Fun Florida Tours representative, an agent with Manatee 311 wrote that navigable waters of the state are not time-restricted for paddlers, with the exception of waters located entirely within a preserve or park property, which in Manatee County are open from sunrise to sunset.

The Fun Florida Tours website lists clear kayak tours during day and nighttime hours, along with a sunset tour, with the nighttime tours featuring kayaks with 10,000-lumen LED lights on the clear kayaks to help view sea life. The website also offers LED paddleboard tours around Anna Maria Island, though paddleboards are not mentioned in the lawsuit.

Marina clients face inclusion in canal lawsuit

Marina clients face inclusion in canal lawsuit

CORTEZ – Cortez Village Marina clients who use the privately-owned Hunters Point canal may soon be named as additional defendants in a 2022 canal dispute-related lawsuit.

The Sun recently obtained a letter sent to a marina client. The letter was written by attorney Susan Martin, who represents Hunters Point developer Marshall Gobuty’s Cortez Road Invest­ments and Finance (CRIF) ownership group. When completed, the Hunters Point development will include 86 solar-powered homes.

Marina clients face inclusion in canal lawsuit
86 solar-powered homes are being built in the Hunters Point development. – Joe Hendricks | Sun

According to Gobuty, approximately 50 marina clients received the first wave of letters eventually sent to all known marina clients who use the facility that provides wet and dry storage for approximately 275 boats.

The marina is located just east of the portion of the canal privately owned by CRIF. In 2016, Gobuty purchased the undeveloped Hunters Point property and the man-made canal created in the 1950s.

Marina clients face inclusion in canal lawsuit
Canal-side homeowners use the canal to access the Intracoastal Waterway. – Joe Hendricks | Sun

The canal provides marina clients with their only direct access to the nearby Intracoastal Waterway (ICW). The canal also provides ICW access for several canal-side homeowners and to visitors at the Buttonwood and Holiday Cove RV resorts.

Marina clients face inclusion in canal lawsuit
Some Cortez Village Marina clients already received lawsuit-related letters. – Joe Hendricks | Sun

Dated March 20, Martin’s letter says, “CRIF is involved in a lawsuit with MHC Cortez Village LLC, aka Cortez Village Marina, regarding the unauthorized use and trespass upon the private canal owned by CRIF. Upon information and belief, you are storing a vessel at the marina and utilizing the CRIF private canal to access the Intracoastal, Anna Maria Sound or the Gulf of Mexico. There are ‘no trespass­ing’ signs posted on the private canal that are disregarded by the marina’s boat slip lessees and customers. Each trip down the canal by marina lessees is a separate trespass for which CRIF is seeking compensation in the circuit court.

“You are not authorized to utilize the CRIF private canal. You must immediately cease your use of the private canal. Any additional use of the private canal by you or another person utilizing your vessel with your consent is considered by CRIF to be an additional act of trespass. CRIF intends to amend the complaint to include lessees of the marina utilizing the CRIF private canal,” the letter says.

On April 4, The Sun emailed MHC Cortez Village attorneys Matthew Chait and Devon Woolard seeking their com­ments on the letter. As of April 8, neither Chait nor Woolard responded.

DISPUTE HISTORY

In 2021, the Southwest Florida Water Management District (SWFWMD) issued CRIF an environmental resource permit that was supposed to allow for the construction of 49 boat slips along the triangular-shaped Hunters Point property. The docks have not yet been built.

MHC Cortez Village chal­lenged the permit based on the assertion that the new docks would impede naviga­tion for marina clients using the canal and negatively affect marina revenues.

Marina clients face inclusion in canal lawsuit
This diagram illustrates where the Hunters Point homes and docks are expected to be located. – Hunters Point | Submitted

In May 2022, in response to the permit challenge, CRIF filed the still-pending civil lawsuit that seeks a court order prohibiting Cortez Village Marina clients from using the canal.

Less than a week later, and in response to MHC Cortez Village’s concerns about the canal being too narrow to accommodate two-way boat traffic, CRIF filed a separate lawsuit against several canal-side homeowners along the western end of the canal.

Marina clients face inclusion in canal lawsuit
The canal extends westward to the humpback bridge on 127th Street. – Joe Hendricks | Sun

That still-unresolved lawsuit alleges those homeowners’ docks and boat lifts violate county code by extending more than 25% into the canal. In their legal respons­es, those homeowners contend their docks and lifts were legally permitted by Manatee County when installed and did not extend more than 25% into the canal when installed.

PERMIT HEARING

In late 2022, administrative law judge Bruce Culpepper presided over a multi-day hear­ing pertaining to the marina’s permit challenge.

During the hearing, it was established through documents and expert testimony that CRIF owns the portion of the canal that extends from the western edge of the Cortez Village Marina property to the humpback bridge at 127th Street West.

The hearing featured much testimony and debate about the potential impact the Hunters Point docks would have on canal navigability. As a safety precaution, Gobuty offered to implement one-way boat traffic on the canal at timed intervals for all incom­ing and outgoing boats.

In January 2023, seven wooden pilings were placed in the canal near the marina basin. Some signs say, “You Are Entering a Private Canal, Please Monitor VHF Channel 9,” “In­bound Traffic Every 15 Minutes on the Hour,” and “Outbound Traffic Every 15 Minutes on the Hour.” To date, specific one-way travel times and intervals have not been established or enforced.

PERMIT RULING

In March 2023, Culpepper issued a written recommended order in favor of CRIF, to be forwarded to the SWFWMD gov­erning board for a final ruling.

“All witnesses agree that following construction of the dock, boats will still be able to freely travel through the canal one at a time. The proposed dock will not interfere with or prevent a single boater from traversing from the bridge to an upland property. The evidence shows that the dock will not reduce the safe navigational width of the waterway any more than the (humpback) bridge at the entrance to the canal, which is 15 feet wide; or the narrow bottle­neck just before the marina, where mangrove growth restricts safe movement to one boat at a time,” Culpepper’s order said.

Marina clients face inclusion in canal lawsuit
Some portions of the canal are wider than others. – Joe Hendricks | Sun

“It is uncontroverted that the placement of the dock in the canal will affect navigation to some degree. Similarly, the evidence and testimony do not show that the construction of the dock will cause more than a mere inconvenience to boaters, much less result in a significant impediment to navigation. Based on the evidence and testimony presented, the undersigned finds that Cortez Road and the district presented competent substantial evidence establishing Cortez Road’s entitlement to the permit. Conversely, the marina did not meet its burden of demonstrat­ing that the district should not issue the permit,” Culpepper’s order said.

MHC Cortez Village appealed the SWFWMD governing board’s ruling and the upcoming oral arguments in the appeal case are scheduled for Tuesday, April 23.

Related coverage:

Marina appeals Hunters Point canal ruling

Board rules in favor of Hunters Point docks

Hunters Point prevails in canal hearing