HOLMES BEACH – Duplex owner David Phillips was shocked to learn that if he pulls the permits to repair his hurricane-damaged structure himself, he can’t rent it out or sell it for one year.
Phillips has owned the duplex at 5404 and 5406 Holmes Blvd. since 2001 and another family member owned it before that. When addressing Holmes Beach city commissioners on Feb. 11, he said the duplex is not used as a short-term vacation rental.
“I went to the building department to see about the drywall permit. I was informed that if I take out the permit I cannot rent or sell that property for one year. I wish somebody would explain the reason behind that?” Phillips said.
In response, City Attorney Erica Augello said, “That is a state law. If you want to know the rationale behind that please feel free to contact your legislators.”
“Even under a state of emergency?” Commissioner Carol Whitmore asked.
“It’s something that the city is bound to,” Augello said in reference to Florida Statute 489.103. Item 4 in the owner’s disclosure statement contained in the statute says, “I understand that I may build or improve a one-family or two-family residence. I may also build or improve a commercial building if the costs do not exceed $75,000. The building or residence must be for my own use or occupancy. It may not be built or substantially improved for sale or lease unless I am completing the requirements of a building permit where the contractor listed on the permit substantially completed the project. If a building or residence that I have built or substantially improved myself is sold or leased within one year after the construction is complete, the law will presume that I built or substantially improved it for sale or lease, which violates the exemption.”
When addressing the commission, Phillips said, “That’s my income. You don’t care?”
“It’s not that I don’t care. State legislators make state statutes and we are bound to obey,” Augello replied.
“If I hang a sheet of drywall, I’m in violation and I’ll get tripled-fined,” Phillips said. “I heard the governor state they weren’t going to hold up people getting back into their homes. I’m not happy by any means.”
David Phillips owns this duplex on Holmes Boulevard. – Google Maps | Submitted
Mayor Judy Titsworth ventured a guess as to why the state law is in place.
“I don’t think they want the owner to pull the permit. They probably want to make sure it’s a certified contractor. If you live in it, you can pull a permit. You just can’t use it for a rental,” she said.
“Or sell it,” Augello added.
“Investors could buy up these places, pull the permits themselves, have unlicensed contractors do the work and we wouldn’t know,” Titsworth said. “It’s for public safety, to keep the people safe that are either buying the place or staying in it. That’s probably why they did it.”
“That doesn’t make sense to me because an investor has the money,” Phillips said. “They have a contractor that can fix it, get it done and put it back on the rental market or sell it.”
Commissioner Terry Schaefer suggested he contact State Rep. Will Robinson, adding, “I certainly understand your concern, your pain, and I certainly agree with your argument.”
Commission Chair Dan Diggins encouraged Phillips to make an appointment with Building Official Neal Schwartz to get a better understanding of this issue. Titsworth recommended he also speak with Building Department Office Manager/Emergency Operations Coordinator Kim Charron about SBA loans and FEMA regulations and noted property owners are informed of the statute when applying for a permit.
BRADENTON BEACH – The city commission discussed a Florida law at its Feb. 20 meeting that allows hurricane-impacted homeowners to place a temporary shelter, including an RV or trailer, on their residential property for up to three years following the governor’s declaration of a state of emergency.
“A lot of people in our community have been displaced from their homes and what’s been happening is the FEMA money to supplement the cost of a hotel is running out, so where are our people going to go?” Mayor John Chappie said. “They have a perfectly good lot, the house is being repaired, or, hopefully not, but unfortunately in some cases, probably demo’d (demolished).”
Florida Statute 125-023 outlines the following stipulations that allows homeowners to place a temporary structure on their property as their home is being repaired following storm damage:
“1. For the purposes of this section, the term “temporary shelter” includes, but is not limited to, a recreational vehicle, trailer or similar structure placed on a residential property.
Notwithstanding any other law, ordinance, or regulation to the contrary, following the declaration of a state of emergency issued by the Governor for a natural emergency as defined in s. 252.34(8) during which a permanent residential structure was damaged and rendered uninhabitable, a county may not prohibit the placement of one temporary shelter on the residential property for up to 36 months after the date of the declaration or until a certificate of occupancy is issued on the permanent residential structure on the property, whichever occurs first, if all of the following circumstances apply:
(a) The resident makes a good faith effort to rebuild or renovate the damaged permanent residential structure, including, but not limited to, applying for a building permit, submitting a plan or design to the county or obtaining a construction loan.
(b) The temporary shelter is connected to water and electric utilities and does not present a threat to health and human safety.
(c) The resident lives in the temporary structure.”
“People are paying taxes on their residential properties that have been destroyed. I would like to make it clear to the public that this is allowed,” Chappie said.
City Attorney Ricinda Perry called into the meeting by telephone.
“You have to have some type of form prepared through the building department, and I would have a suggestion for language on there that follows the statutory requirements,” Perry said. “One, that it’s a primary structure, two that it was damaged, three it’s uninhabitable. The question is who makes that determination and that’s something staff would have to discuss.
In my opinion, it would be conditioned upon a valid application for repairs that is deemed both complete as well as in compliance with floodplain development standards, specifically substantial damage repair costs on any and all other improvements, and if authorized the motor home must be for a primary resident. Because I don’t think the intent when I read the statute, is for rentals. There should be tie down for winds and hooked up to utilities then I think you could force it’s for temporary use only, not for permanent residence and not for vacation rentals. There’s nothing in the statute that prohibits the city from regulating size, location and I think that you could even establish reporting inspections and timeframes for the use of that temporary housing.”
Chappie noted that he spoke with the city’s new floodplain manager, Sandy Tudor.
“The only comment she made was something to the effect if there’s a storm coming to get it out at the appropriate time,” Chappie said. “I’m hopeful the commission will allow our city attorney to work with our new building official and floodplain manager to put something together as quickly as possible so we can help people out.”
Commissioner Deborah Scaccianoce said Holmes Beach already has this in place.
“(They are) following this statute and I’m a firm believer in not reinventing the wheel and maybe we reach out to Holmes Beach and say we’re considering allowing this, what’s your process and what’s your requirements and we can build off of that,” Scaccianoce said.
Chappie asked Scaccianoce to work with Perry and the building department and reach out to Holmes Beach and bring back the results of that discussion to the commission.
ANNA MARIA – The City Commission unanimously established the occupancy-based annual vacation rental registration fees that take effect on April 1 and remain in place through March 31, 2026.
Adopted by the commission on Feb. 13, the annual fee is set forth in Resolution R25-809. The new registration fee is $104.78 per occupant allowed according to the city’s short-term vacation rental ordinance. The current fee for the 2024-25 rental registration period is $93.92 per occupant allowed.
When the new fee takes effect, the owner of a vacation rental allowed four occupants will pay a $419.12 registration fee. The annual fee for an eight-occupant vacation rental is $838.24. The fee for a 16-occupant rental unit is $1,676.48 and the highest fee listed in the resolution is $3,038.62 for a 29-occupant vacation rental.
State law allows the city to cover the estimated annual costs incurred to administer and enforce the city of Anna Maria’s vacation rental ordinance, but the fee is not supposed to generate a profit.
When presenting the resolution, City Attorney Becky Vose said, “We do this every year and a different computation is done each year to comply with the case law of Florida with regards to how these things are computed.”
Commissioner Charlie Salem noted many vacation rentals sustained hurricane damage and asked what happens if a damaged short-term vacation rental no longer meets the city’s safety requirements. Mayor Mark Short said the annual inspections focus on safety issues that include pool fences, pool alarms, smoke detectors, lights, railings and things of that nature. Short said if an inspector finds a safety violation, the property owner or property manager will be given a short time to remedy the violation. If the safety violation is not remedied in a timely manner, the annual vacation rental license will not be issued until the violation is cured.
“We have people that come down that aren’t used to having swimming pools in the backyard or a canal behind them, so safety is of the utmost importance here. We’re not going to be granting licenses to rent if those safety factors are not met to our satisfaction,” Short said.
Salem noted the annual inspection period begins on April 1, during peak tourist season. He asked if the start date could be moved to a less busy time of the year. Short said the commission could at some point discuss pushing that start date and annual registration cycle back to a later date. City Clerk/ Treasurer LeAnne Addy said the annual start date is set forth in a city ordinance and that ordinance would have to be amended to accommodate a later start date.
In a related matter, the commission unanimously authorized the mayor to sign a new contract with West Florida Home Inspections, the firm that conducts the city’s annual short-term rental inspections. Short said as of Dec. 31, 759 vacation rental units were registered in Anna Maria, making the contract’s total value approximately $95,000.
BRADENTON BEACH – City commissioners voted to use the city’s Code Enforcement department process rather than go through FEMA to remove buildings condemned after Hurricanes Helene and Milton if property owners fail to remove them.
“We have approximately 16 properties, these are the ones that are down and compromised,” Police Chief and Public Works Director John Cosby told commissioners on Feb. 20. “We already sent out letters and asked people to respond back within 45 days with whatever their intent is. As of today we have received seven responses back, that they’re going to request to move forward to remove those properties.”
Cosby said if property owners don’t remove the buildings, the city will have to remove them using one of two options.
“The first is we could do it through Code Enforcement where we go after the property owner and cite them through code once they hit the number of days the limit is for the code,” Cosby said. “It’s brought before a special master, the special master makes a ruling and then we take them to court, obviously tracking the time, then we put a lien on the property to get reimbursed. Then we would go in and have the court order them to take the property down.”
The second option involves FEMA.
“We can go through FEMA and get the necessary paperwork in to them and then we have a right to enter, we could go in and just take it,” Cosby said. “The issue with doing it through FEMA is then the city is going to be responsible for 12.5% of that cost.”
He said the average cost for removal is between $25,000 and $30,000.
“So when we get to this point if we have to, which route do you want to go?” Cosby asked commissioners. “Do you want to continue to try to force the property owner to take care of their own property or do you want to expend city tax dollars to force them to do it?
“I think we should go with the code route, just the normal legal process we would follow. I think people would respond to that, eventually they would take care of it,” Commissioner Deborah Scaccianoce said.
Commissioner Ralph Cole asked if FEMA would help homeowners with the cost of removing their house.
“No. FEMA will give them a grant of $30,000 to bring it up to code,” Cosby said. “I don’t know what it costs to put a house up on stilts, but I would say $30,000 isn’t going to be a lot of money.”
Commissioner Scott Bear noted that by going through Code Enforcement, the city retains the ability to recover costs.
BRADENTON BEACH – City commissioners have approved a resolution urging the Florida Legislature to provide a public records exemption protecting the personal information of municipal clerks and employees who perform election work.
“This is being asked of all the cities to adopt by the Institute of Municipal Clerks,” City Clerk Terri Sanclemente said at a Feb. 20 city commission meeting. “There have been too many attacks on clerks and others who have to deal with elections. And that is why they’re asking each city in Florida to adopt this resolution so that they can take it to the Legislature and ask for changes.”
Commissioner Deborah Scaccianoce clarified that the exemption protects clerks’ personal information such as addresses and telephone numbers.
“Public officials are very often attacked and they’re attacked at their homes and this protects them, their home, their children and family members from being physically attacked and emotionally attacked and harassed,” Scaccianoce said. “Just like police officers and firemen. They just want to add clerks to that and election workers.”
The resolution will go into effect if the Legislature passes a parallel law.
During public comment, Elayne Armaniaco asked for confirmation that this resolution will not impede public records access, but is about personal information only.
Mayor John Chappie confirmed that is the case.
“That resolution is a template that came from the Institute of Municipal Clerks, that is not something that I created, that is something that was passed around to the municipal clerks in the state of Florida,” Sanclemente said.
A motion to approve a public records exemption for municipal clerks and employees regarding election work was passed unanimously by the city commission.
All fishing rods, whether a spinning rod, a fly rod or a casting rod, share the basic components – blank, guides, reel seats and handles. So why is one rod more expensive than another?
A rod’s blank is constructed from a product known as prepreg. This material is impregnated with resin and wrapped around a mandrel (which is removed after the blank is formed), giving the rod its basic round shape. This “blank” holds the guides, ferrules, handle, reel seat and fighting butt.
Prepreg has fibers that have a unidirectional (straight) orientation. The fibers can be made of different materials including fiberglass, graphite, boron or Kevlar. Some rods are made from a prepreg that has additional fibers that run around or at an angle to the unidirectional fibers. This gives the rod additional strength and influences flex, stiffness and affects its price.
A rod’s scrim refers to a lightweight material that forms an additional lining under the primary fibers and helps in working the material when it is wrapped around the mandrel. Scrim can be straight or woven and adds what is known as “hoop strength” to the finished rod.
The butt section is the cork part of the rod behind the reel seat that is held either in the non-dominant hand or fits into a fighting harness when playing a fish, while the handle is where the dominant hand is placed. The reel seat secures the reel to the rod. The fixed hood is the metal receiver where one end of the reel foot is placed. The sliding hood is the rear receiver that holds the other end of the reel foot. The locking ring is a nut that puts pressure on the sliding hood and holds the reel securely in place. The guides hold the line along the length of the blank. The ferrules connect sections of a two- or four-piece rod. The tip, as the name implies, is the section at the top of the rod.
You may also encounter the term “taper.” A rod’s taper refers to the diameter of a rod from the butt to the tip. The taper affects the rod’s action. Most rods have either a fast action (stiff) or a slow action (flexible).
When you’re shopping for a new outfit, knowing the parts and construction of a rod will help you make an informed decision. The most important part of the rod and the one that most affects its price and your buying decision is the blank.
The materials and the method of construction of the blank determines its price. The least expensive rods are made from fiberglass while the expensive ones are constructed with graphite, boron and Kevlar. While fiberglass may be good for a beginner, the more expensive rods are a better choice for the seasoned angler. They are lighter, more responsive and less prone to break. But don’t let price determine your selection. There are a lot of very good rods on the market today that can be purchased at a good price point.
The one thing to avoid is cheap equipment. It’s OK to buy a lower price point outfit if you’re a beginner, but choose an outfit that will make a good second rod when you upgrade. An informed decision can positively affect your angling efficiency and enjoyment.
About a month ago, we talked about being in uncharted territory as it relates to the real estate market. Not much has changed for the better in the last month and the statistics for January will confirm that. However, properties are still being listed, and buyers are still out there, and as usual, sellers want top dollar and buyers want bargain basement prices.
One of the tenets of the real estate industry is the ability to negotiate price. According to a survey conducted by Lending Tree in May 2023, 63% of buyers have successfully negotiated a home’s price, 38% negotiate closing costs and 36% negotiate repairs.
The terms of an offer are every bit as important as the price. This includes closing date, mortgage contingencies and furniture. And don’t take the furniture issue lightly, especially for condos in Florida. It’s pretty common to purchase condos, even luxury condos, with the furnishings, including furniture, wall coverings and even other decorative objects.
If you are negotiating a sale including what would be considered personal items, make sure there is a detailed list of what is being conveyed with the property as part of the contract of sale. In your mind, your grandmother’s original Tiffany lamp will, of course, not leave the family, but the buyer assumed otherwise when you negotiated the personal items. And don’t think buyers, especially in the uncharted territory we’re in right now, won’t walk because of this dispute.
Information is powerful, particularly during the negotiating process. The more you know about the buyer and seller the more power you have, for example, buyers who have already sold their home or are in contract to do so, or sellers who have other buyers in the background or have had no showings in months.
By far the most important thing you can do when negotiating is to be respectful of the other parties’ position and don’t make demands. If you’re successfully diplomatic, you can turn down an offer and still leave the door open in a reasonable way by asking for a reframing of the offer.
Time to see what the Manatee County sales statistics look like for the month of January, reported by the Realtor Association of Sarasota and Manatee:
Single-family homes closed 22.1% more properties. The median sale price was $480,000, down 8.6% from January of last year, and the average sale price was $662,504, down 10.0%. Median time to contract was 49 days compared to 35 days last year, and there are 8.5% more listings this month compared to last year. The month’s supply of available properties was 4.6 compared to 3.9 months last year.
Condos closed 7% fewer properties compared to last year. The median selling price was $335,990, down 6.1%, and the average sale price was $408,238, down 7.5%. Median time to contract was 60 days compared to 47 days last year, and new listings are up 2.2%. The month’s supply of available properties was 8 months compared to 5.6 months last year.
The Realtor Association points out three trends: A decrease in median sale prices across all property types, increased time to sell and contract – meaning it is taking longer to sell across all segments – and finally, there is some growth in closed sales, likely leftover transactions from the end of last year.
So much of buying and selling residential properties is emotional, so keeping your emotions in check will serve you better. You could, of course, read “The Art Of the Deal” written by Donald Trump for pointers in negotiating. Just be careful, negotiating is certainly an “art,” so hard and fast rules don’t apply.
ANNA MARIA – Duncan Real Estate and former mayor Dan Murphy are the city of Anna Maria’s Distinguished Citizens of the Year for 2024.
Murphy and Duncan Real Estate owner Darcie Duncan received the awards during the Feb. 13 city commission meeting. Other nominees were gRub Tropical BBQ owner Ben Sato for the free meals he provided during the hurricane recovery process and The Sun’s loveable cartoon character, Foster Dribbles.
The co-winners were determined by a three-member selection committee consisting of Jim Hall, Annamaria Laszlo and Warren Collins.
“It is an honor to present these awards today, and to Dan Murphy, thank you very much for your service,” Hall said when presenting Duncan and Murphy with their plaques.
Mayor Mark Short then read aloud one of the nomination forms received for Duncan Real Estate.
“Darcie Duncan and her team at Duncan Real Estate were instrumental in organizing and providing provisions and assistance following Hurricanes Helene and Milton. The staff gave unselfishly of their time, energy and resources for relief efforts to the Island community. The team assisted with organizing, obtaining donations and serving to make the community Thanksgiving dinner (“Let’s Give Thanks Together”) a huge success. Staff continues to support community members as they rebuild and relocate, as well as welcoming new visitors and homeowners to the city of Anna Maria,” the nomination form said.
When accepting the award, Duncan said, “We wouldn’t have this award without my team, some of which are here. I wanted them here because it’s not about me, it’s about all of them.”
Duncan Real Estate was honored for its post-hurricane service to the community. – Joe Hendricks | Sun
Duncan praised Murphy for guiding the city through the back-to-back hurricanes she described as the most challenging time the Island has faced during her lifetime.
“Dan Murphy is a rock star. You were an amazing leader through everything,” she said.
When reading aloud one of Murphy’s nomination forms, Short said, “Dan led the city through an unprecedented hurricane season. His quick action helped the city recover faster than any other affected municipality in the region. Dan paired quick action with his considerable experience as an executive to restore a sense of normalcy to the Island in the wake of the hurricanes.
“Through his leadership, the residents of the city were able to focus on the recovery while the city handled the difficult task of damage assessment, debris and building material removal and the restoration of city services. Dan’s commitment to the city over his 10 years of service has never been more on display than during this time of crisis. We all owe him a huge debt of gratitude. In his trademark humble form, Dan would say he was just doing his job, but he did it better than anyone, and it showed.”
Murphy mentioned the plaque hanging near the commission chamber doors that bears the names of the past Distinguished Citizen of the Year winners. He said it was humbling to be on the same plaque as former mayor Ernie Cagnini, past winners Ed Chiles, Pat Copeland, Doug Copeland, his own wife, Barbara, and many more individuals and organizations.
“It’s an honor to be considered in the same league with the people that have shaped this city,” he said.
Murphy praised Short for the hurricane preparation and recovery assistance he provided while serving as city commission chair before taking over as mayor in November.
“Mark and I were a team. Mark was always right there by my side and I could not have done that alone. And we had a remarkable staff. It was quite an ordeal,” Murphy said.
Short also presented Murphy with an encased United States flag that flew over the U.S. Capitol in Washington D.C. on Dec. 20 at the request of Sen. Rick Scott. The flag flew in honor of Murphy’s 80th birthday, his service to the city and his past service with the U.S. Army.
Mayor Mark Short, left, presented former mayor Dan Murphy with a flag that flew over the U.S. Capitol in his honor. – Joe Hendricks | Sun
“It’s been an honor to work with you throughout your time as mayor and witness your selfless work to help families recover from unimaginable storms,” said the letter from Scott that accompanied the encased flag. The letter also notes Murphy received the Viet Nam Service Medal, two bronze stars and the Vietnam Campaign medal.
“You truly represent the best of what it means to be an American and a Floridian,” the letter says.
BRADENTON BEACH – Mayor John Chappie read aloud a memo at a Feb. 20 City Commission meeting addressing the job performance of former city Building Official Darin Cushing.
The memo outlined what the city says were deficiencies in Cushing’s performance, including violation of state law, leadership and management issues, influenced decision-making and disregard of elected officials’ requests, among others.
Chappie suspended Cushing from his contractual city building official role on Jan. 22 and he was subsequently terminated by his employer, M.T. Causley, a subsidiary of SAFEbuilt.
According to the memo: “Preliminary review of the Building Department permits issued by Mr. Cushing through representatives from FEMA, WMFD, and other licensed reviewers have uncovered numerous errors and caused harm to Bradenton Beach. Over the coming weeks, the City had been advised to thoroughly review and rectify the post-hurricane work undertaken by Mr. Cushing. Regrettably, as senior staff has reviewed files and had discussions with Code Enforcement and the Building Department staff, the following has come to light regarding the performance of Mr. Cushing:
Leadership and Management Issues. The Building and Planning Department lacked effective leadership;
Absence of Written or Verbal Guidance. No written or formal guidance had been established or implemented for the Department;
Inadequate Response to the Public Inquiries. Failed to respond to a significant number of public email inquiries;
Neglect of Building Staff Requests. Repeatedly disregarded the requests of building staff for direction, leading to chaos and confusion within the Department;
Inappropriate Post-Hurricane Permitting Guidance. Provided improper post-hurricane permitting guidance to the community;
Influenced Decision-Making. Reversed and changed his decision-making and assessments on post-hurricane building matters based on pressure that he received from individual members of the public, homeowners, or businesses;
Overstepping Authority. Repeatedly acted outside the scope of his authority;
Issuance of Inappropriate Approvals. Issued land use and planning approvals exceeded his duty to administer the Florida Building Code;
Failure to Provide Critical Information. Failed to notify the West Manatee Fire District of crucial permit information;
Violation of State Law. As noted by SAFEbuilt, permits were issued in violation of State Law, e.g., issuing HVAC permits without requiring the elevation of outdoor equipment;
De facto Moratorium. Issued de facto moratoria on new development without proper notification to the City;
Lack of Post-Hurricane Experience. Lacked relevant experience in handling post-hurricane work required of building officials; and
Disregard of Elected Officials’ Requests. Disregarded requests and directives by the elected officials.
“It has become abundantly evident that Mr. Cushing was incapable of fulfilling the demands and responsibilities, particularly legally discharging the duties of the Building official under the laws of the State of Florida and Bradenton Beach,” the memo states.
“The only thing we agree on with Mr. Cushing is that it is time to move on. The City has a lot of work ahead of it to restore our post-hurricane community and are implementing changes to address past Building Department issues to strengthen and advance the needs of our community. In the ongoing efforts to enhance our community’s resilience, the City has made significant strides. We have secured the services of a seasoned Building Official with expertise in floodplain management, appointed a Floodplain Manager for independent oversight, and cultivated a collaborative partnership with the City of Holmes Beach.”
BRADENTON BEACH – The city has released a Jan. 22 audio recording from the meeting between Mayor John Chappie and former Building Official Darin Cushing in which Cushing was suspended from the city’s service.
Cushing met with City Attorney Ricinda Perry and Chappie, in part, regarding comments he had made on social media regarding his permit approval of the Drift-In tiki bar.
Perry said that Cushing was aware that the conversation was being recorded.
The city had been at odds with Cushing over his approval of the Drift-In tiki hut. The city maintained the permit should not have been issued and that the project had to be classified as a “major development” due to the tiki’s size.
In one Facebook comment, Cushing wrote, “I pretty much call ******** on the whole cockamamie affair! It was approved administratively and needed no more than that. But others aren’t getting their way (or that property) so I’m being asked to pull back my approval and force the owner to go through a ridiculous set of processes. Well, I am not taking this laying down, nor is the owner Derek (Williams). My job is actually in question over this and other things. I can’t afford not to work, unlike others involved. So, when it all hits the fan, be prepared to get some on your face!”
In the recording, Cushing said, “I feel like I’m being railroaded. I think there’s something going on. I don’t know what it is. If you want to railroad us out of here, then railroad us out of here. I’ll leave today. For some reason somebody doesn’t want me here and a lot of people in this town will say just the opposite. They’ll back me up 100%. They do like how I operate this building department, and I don’t know what’s going on after 18 years with the same contract, but now we need to reevaluate? That doesn’t make any sense to me. Makes no sense to me one bit, whatsoever. It sounds squirrely. Something’s up.”
Cushing was employed on a contractual basis in Bradenton Beach since January 2024 through a city contract with M.T. Causley, a subsidiary of SAFEbuilt. Following the suspension from the city, Cushing’s employment was terminated by M.T. Causley.
According to Longboat Key media reports, Cushing had been terminated as building official in 2017 for undisclosed reasons after two years as that city’s building official.
Cushing’s LinkedIn account shows that he was the Deputy Chief Building Official for the City of Palm Coast; Building Code Administrator-Construction Educator for SAFEbuilt for eight years beginning in 2017 and Senior Project Manager for Michael K. Walker and Associates for seven years beginning in 2017.
BRADENTON BEACH – Police Chief and Public Works Director John Cosby responded at a Feb. 20 commission meeting to allegations made by former Building Official Darin Cushing that he was pressured to approve permits by city staff.
“Cushing is claiming that certain staff members, or the whole team, that he was being pressured into approving major developments or homes,” Cosby said, adding that he spoke on behalf of senior management staff, not the mayor or city attorney. “There was nothing to approve. The building department was not accepting any plans or any permits of that caliber.”
“We in some way had a building moratorium that was never approved by anybody because we were not issuing anything and we were not accepting anything for review,” he said.
Cosby said the allegations represent the first time his character been called into question in his years in Bradenton Beach.
“The thing that I’m most upset about, I have been here for 37 years. My integrity has never, ever been called into play,” Cosby said. “This man has made accusations that he was being forced to do things that don’t exist. The bad part about this is he knows they don’t exist, because he’s the one that told them, the clerks, to put things on the back burner.”
The city never got information they requested from Cushing about numbers of permits completed or in the queue, he said.
Cosby said the city found inaccurate permits and permitting clerks said they had received no guidance from Cushing.
Cosby said Cushing approved permits for air conditioning units without the state-required elevation in flood zones, and those approvals are now causing turmoil among contractors.
“We could see that there was a problem,” Cosby said. “We kept asking him if he needed help and he responded that everything was under control.
“At every meeting Mr. Cushing would state that this was supposed to be his retirement job and he shouldn’t be working this hard,” Cosby said. “One day he made that comment, and I said maybe we should get a new building official.”
Sandpiper, Pines Trailer parks
After the hurricanes, Cushing told the emergency staff that the trailer parks were uninhabitable, because of FEMA guidelines, they had substantial damage and “had to go.”
Cosby said he looked at mobile homes at Sandpiper Resort Co-op.
“Water had come in through the door and all they had to do was mop up the water,” Cosby said. “This didn’t seem right to me.”
“They’re considering selling because they’ve been told that it’s done,” Cosby said. “I thought we needed to reevaluate this, so we did.”
Cushing and Steve Gilbert, the retired city building official called back into service by the city, took another look, Cosby said.
“Cushing then said the Sandpiper was “good to go,” so the city started the process of issuing letters that they could repair their trailers under the 50% rule,” he said.
“He told us the same thing in the beginning, about the Pines, ‘It’s no good.’ He brought up the FEMA rule,” Cosby said. “He said no, we can’t move forward with this.”
Cosby said he asked Cushing to get that message to Pines residents.
“Then we had the meeting at city hall. The people from the Pines came,” Cosby said. “The next day he tells city staff, ‘Everything is OK, we’re going to say that they’re not substantially damaged.’ ”
ANNA MARIA – Community members filled The Center of Anna Maria Island gymnasium on Feb. 22 to celebrate the life of Ross Built Custom Homes founder Greg Ross.
Greg, 59, passed away unexpectedly at his Holmes Beach home in the overnight/early morning hours of Feb. 15 after celebrating Valentine’s Day with wife, Lee. He’s also survived by their twin sons, Jake and Andrew, and the family’s beloved dogs, Buddy and Daisey.
Friends and family members filled The Center gymnasium for the Greg Ross celebration of life. – Joe Hendricks | Sun
Greg grew up in Holmes Beach in neighboring homes owned by his father, Jim, and his grandfather, Anthony. Greg and Lee later built their own home on a lot Anthony bought in 1966.
Greg Ross grew up on Anna Maria Island. – Lee Ross | Submitted
Greg’s lifelong friend, Mike Galati, was the first speaker at the celebration of life. He recalled the many adventures he and Greg shared growing up on the Island – from bicycles and canoes as youngsters to fast cars and fast boats as teenagers and adults.
“Greg was the only child, but he had a brother in me. He’ll be missed, remembered and loved forever.”
Mike Galati grew up on the Island with Greg Ross. – Joe Hendricks | Sun
Lee’s sister, Merrill Romanik, accompanied Lee and Greg when they looked at the small bungalow in Tampa that would become their first home and renovation project.
“Lee and I were over the top in love with this place and we expressed our admiration way too much. We met Greg the businessman that day. When we got back in the car, we got lectured. He paid more for that house than he probably should have but we knew that was the house they needed.”
Merrill Romanik expressed love and respect for her brother-in-law. – Joe Hendricks | Sun
Greg’s post-college career in pharmaceutical sales brought them from Tampa to Charlotte, North Carolina and Philadelphia, Pennsylvania. While living in Portland, Oregon, they decided to move to Holmes Beach.
“Greg wanted his boys to experience this place,” Merrill said. “He started to get out of pharmaceuticals and began buying homes, renovating them and ultimately getting his G.C. (general contractor) license.”
Greg Masters was among the many Ross Built homeowners at the celebration of life. – Joe Hendricks | Sun
Lakeland resident and Ross Built homeowner Greg Masters said that Greg Ross once braved a vicious storm to search for Masters’ son, who was 20 miles out to sea with his boat engines not working.
“Greg said, ‘I’ll get in my boat and find him.’ That was Greg Ross,” Masters said.
Jake and Andrew
“Greg was a very simple man and only focused his time on a few things: his family, his friends, his business, his health and, most importantly, his dogs,” Jake said.
“I grew up in this gym with Greg as my coach. After college, he was my boss, mentor and teammate on the soccer field. Last season, we ended up winning the championship here and that really meant a lot to him then; and now, a lot to me.
Andrew and Jake Ross spoke glowingly of their late father. – Joe Hendricks | Sun
“He was a provider, protector, coach, mentor and friend. I’ll be forever grateful for the man he was. I’m not sure what life will be like without him by my side, but I’m confident he’s prepared me for what’s ahead,” Jake said.
“I’m thankful and grateful for all the time we got to spend together, for everything he taught me,” Andrew said. “He set a great example for the kind of man I want to be. After I graduated college, I had no clue what I wanted to do. So, I came back and started working with him. It was probably the best choice I’ve ever made.”
Andrew noted that Greg grew up playing sports at The Center, coached his sons there and last fall, the three of them competed on the Ross Built adult soccer team.
“He was the second oldest guy out there. We won the championship and you’d have thought he won the World Cup. It meant a lot to him,” Andrew said.
Ross Built Custom Homes closed out Center sports as adult soccer champions last Thursday night. From left, top row, Andrew Ross, Greg Ross, Mack Heitchue, Jake Ross, Kevin Roman, Sydney Cornell and Zacharieah Anabtawi; bottom row, Jack Gibson and James Noblett. – Monica Simpson | Sun
He recalled how Pastor Ed Moss recently told him he and his brother were lucky to have a man like Greg as their father.
“I didn’t think much of it at the time but I’ll remember that forever,” Andrew said.
Lee Ross
Speaking last, Lee said, “The past week has been filled with shock, sadness, fear, heartbreak and more tears than I could have possibly imagined. But because of each of every one of you, I’m turning my sadness and heartbreak into pride and joy and optimism.
Lee Ross expressed gratitude for the life she and Greg shared together. – Joe Hendricks | Sun
“Greg has been making friends and playing sports here for 55 years. He started playing baseball when he was about five and he ended his AMICC sports career just last month winning the ‘World Cup,’ ” she said, noting that Greg came home that night filled with immense pride after winning the soccer championship with his sons.
Greg and Lee Ross raised their sons on Anna Maria Island. – Lee Ross | Submitted
Lee expressed thanks for the day she, at the last minute, jumped in a car headed for New Orleans and Mardi Gras. Greg was a University of Florida student and Lee was a Santa Fe College student.
“Greg and I bumped into each other at the fountain at Pat O’Brien’s and the rest is history.”
Greg and Lee Ross met when they were in college. – Lee Ross | Submitted
Regarding Greg’s love for dogs, Lee said, “He was an only child, so a dog became more than just a pet to him. Our two dogs, Buddy and Daisey, are about as important to him as me and the boys,” Lee said, noting that Daisey was in attendance.
A few years ago, Greg turned a ski trip to Wyoming to celebrate Lee’s 55th birthday into a road trip so Buddy could see snow.
“I said, ‘No, we are not driving to Wyoming so a dog can see snow.’ After a few minutes, we started shopping for a Sprinter van. This was the start of working our way through ‘Buddy’s list,’ a list that included eating beignets in Louisiana, sleeping in a ghost town in New Mexico, pulling a slot machine arm in Las Vegas and, at the age of 14, jumping into the Pacific Ocean.
“It didn’t occur to me until this week that we weren’t working Buddy’s bucket list at all. It was Greg’s. At the end of the day, Greg and I had a dream life. While there were many moments that felt less dreamy than others, we never held back with our gratitude and immense appreciation for each other.”
Lee Ross intends to carry on with the Ross Built family business. – Joe Hendricks | Sun
Before they left for their Valentine’s Day dinner, Lee and Greg realized neither had done anything special for the romantic holiday, but they shared this realization: “We love each other. We love our life. Everything’s perfect,” Lee said.
After asking the Ross Built employees to stand, Lee said, “Greg loved you all. We’re so proud of everything you do and we look forward to moving forward together.”
After asking the Ross Built subcontractors to join them, Lee said, “I thank you very much for your contributions and we’ll be at work Monday morning. In my commitment to him, I will continue to move forward, as I know that’s exactly what he would want me to do.”
Additional thoughts
Before the ceremony began, Anna Maria Mayor Mark Short said, “Greg was a wonderful man and a great family man. Greg built our house back in 2015-2016 and it was quality work all around. Greg is a true testament to a professional builder and he’ll be missed by all of us.”
Center Executive Director Chris Culhane said, “Greg was on The Center board for many years and he served as board chair. We lost an incredible human and a huge supporter of The Center. It was too soon and he’s going to be missed.”
Lyn Clarke is The Center’s senior soccer player. – Joe Hendricks | Sun
Bradenton Beach resident Lyn Clarke was the oldest player to compete in The Center soccer matches last season, and he’s done so since the soccer programs began many years ago.
After the ceremony ended, Clarke said, “What a gentleman Greg was, a brilliant man. I ran into him a couple times on the field, bounced off him and he picked me up.”
When contacted later, Holmes Beach Mayor Judy Titsworth said, “I was so sorry to hear of the passing of Greg Ross. He was a champion of the Island community and a friend to many. I offer my condolences to his family and friends.”
Holmes Beach Commissioner Carol Whitmore said, “Greg was a kind man and loving husband. He loved our Island. Greg loved being part of our community center. He will be missed.”
Sato Real Estate co-owner Jason Sato said, “Greg lived the Island life to the fullest. He raised a family here, started a business here and was an active member of the community center with philanthropy and playing adult sports. He lived the Island dream and the Island will miss him.”
Duncan Real Estate owner Darcie Duncan said, “I have known Greg since we were kids playing sports at The Center. He was always kind and had a smile on his face. To see what he has created in his family and business is truly special. He was a true Islander whose legacy will live on.”
HOLMES BEACH – Property owners in the city are no longer subject to a one-year lookback requirement regarding the total cumulative cost of repairs, renovations or reconstruction made to their structures.
The lookback period pertains to compliance with FEMA’s 50% substantial improvement/substantial damage rule.
According to the Manatee County website, “The 50% Rule is a regulation of the National Flood Insurance Program (NFIP) that prohibits improvements or repairs to a structure exceeding 50% of its market value unless the entire structure is brought into full compliance with current flood regulations. This may include elevating the structure, using flood-resistant materials and proper flood venting.”
In a December 2024 memo to city commissioners, Director of Development Services Chad Minor and Building Official Neal Schwartz stated, “This reason for this change is to allow existing structures that need repair, reconstruction, rehabilitation, alteration, addition or other improvements not to have to wait one year from the final inspection date. Due to the hurricanes, several property owners that had made improvements would have to wait to pull a permit due to this one-year lookback.”
The proposed changes to the city’s one-year cumulative calculation requirements were presented to the Holmes Beach City Commission on Dec. 17, reviewed by the planning commission on Jan. 15 and adopted in the form of Ordinance 25-01 by the city commission on second and final reading on Feb. 11.
One of the clauses contained in the new ordinance says, “The city commission, at the recommendation of staff, has determined that rescinding the one-year lookback period relative to the accumulation of costs regarding substantial improvements is in the best interest of the health, safety and welfare of the public and is imperative to support the city’s recovery and continued participation in the NFIP.”
The previous city ordinance contained language that referenced repairs, renovations and reconstruction “taking place during a one-year period.” That language does not appear in adopted Ordinance 25-01.
The previous ordinance also contained language that said, “For each building or structure, the one-year period begins on the date of the certificate of completion or the certificate of occupancy of the first improvement or repair of that building or structure subsequent to June 27, 2019.” That language does not appear in Ordinance 25-01.
Ordinance 25-01 now defines substantial improvement as, “Any combination of repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50% of the market value of the building or structure before the improvement or repair is started. If the structure has incurred ‘substantial damage’ any repairs are considered substantial improvement regardless of the actual repair work performed.”
Staff insights
During the Dec. 17 meeting, Commissioner Carol Soustek asked staff if the city is allowed to remove the one-year lookback requirement. She was told the city could remove the requirement.
“If we pass this on the second reading (on Feb. 11) it will be effective immediately,” Schwartz said. “In the year period, over the lookback period, we’ve had several homes that have been remodeled up to 49% or under the 50% rule. Based on the damage they have received, they would have to wait one complete year from the completion (of previous repairs and renovations). Some of these weren’t even completed yet, so they’re caught between a rock and hard place so they just have to sit there for a year to start over. I didn’t think that was fair.”
Schwartz said he contacted state floodplain management coordinator Rebecca Quinn about eliminating the one-year lookback and he was told approximately 30 other municipalities were in the process of doing the same thing.
Schwartz said removing the one-year lookback requirement would not affect the city’s Community Rating System rating that currently provides Holmes Beach property owners with a 20% discount on flood insurance policies issued through or in conjunction with FEMA’s National Flood Insurance Program; and the CRS discount currently experienced in Holmes Beach is expected to increase to 25% on Oct. 1.
“Neal, you’re a genius. You have really altered some lives with this,” Commissioner Carol Soustek said on Dec. 17.
“Everybody knows my house was affected too. I feel for everybody,” Schwartz responded, noting that Soustek, Mayor Judy Titsworth and Commissioner Carol Whitmore were also among those displaced by the hurricanes.
Director of Development Services Chad Minor assisted with the efforts to eliminate the one-year lookback requirement. – Joe Hendricks | Sun
When presenting the ordinance for final adoption on Feb. 11, Minor said, “Due to the hurricanes, several property owners that had made improvements would have to wait to pull a permit to address this one-year lookback. This is striking that one-year lookback period.”
Schwartz said one of the goals is to prevent “phasing.”
“At the end of a permit, a permit has to be completed. You can’t go into phasing. Once you get that final (inspection), you get to start over. That is called phasing. FEMA looks very bad upon phasing. We could lose our CRS rating for that,” he said.
BRADENTON BEACH – Pines residents asked the city on Feb. 20 to deny any future land use or zoning change requests for the Pines Trailer Park by Pines Park Investors LLC or its manager, Shawn Kaleta.
Mayor John Chappie told The Sun that no such requests had yet been submitted, but City Attorney Ricinda Perry said at a Jan. 16 Community Redevelopment Agency (CRA) meeting that the property owner had confirmed the planned redevelopment of the parcel.
“I can tell you preliminarily it’s looking like some type of mixed-development that’s going to salvage as much of the character that’s there,” she said, adding that a rezoning would be necessary.
The Pines Trailer Park is currently zoned M-1, and according to the city’s Land Development Code, permitted uses are single-family mobile home units, manufactured homes, park trailers, preservation uses and conservation uses.
“Why is the city attorney talking to the CRA and media about redevelopment plans for the Pines?” Pines homeowner Elayne Armaniaco asked during public comment. “How is that her role? Why such a personal interest for her? Are you looking into the allegations that the city attorney is seen out socially and driving around with the largest land developer on the Island or the rumors that she lives in one of his properties? Why does it feel like she works for him or at the least they have a strong friendship? The conflict is so blatant.”
Victor Armaniaco asked the commission to deny any zone change requests.
“We elected all of you to protect us from an unfair treatment. You all have the power to maintain the current M-1 zoning and protect the charm and old Florida character of Bradenton Beach as well as our homes and investments,” he said. “What hardships does the LLC have that they should be granted a zone change? Over 96% of the units were allowed to rebuild without elevating and would rebuild if they knew the park would stay for long-term existence with generations to come. The LLC purchased a mobile home park so their desire to build something else on that property is a self-created hardship. Did you get elected in part to protect the character of Bradenton Beach? If you make it easier for a developer to change the zoning in unpopular ways, you are not doing your job.”
“The average home in the Pines Park is worth about $150,000 prior to the hurricane,” Pines homeowner John Shore said. “If I take that average of $150,000 times 86 trailers that’s approximately $13 million in value. They could be worth that amount again if they were allowed to rebuild.”
“There are 21 single women trailer owners, most of whom are on fixed income,” he said. “I have $165,000 in my trailer. As you know Pines Park Investors and Shawn Kaleta evicted us as of July 31. That means collectively the 86 trailer owners have lost $13 million. I’m 83 years old and that $165,000 loss really hurts.”
“In the past commission meetings, you said you wanted to help Pines Trailer Park in any way you could,” he said. “Well, there is a way. I ask that you deny any land use changes or zoning changes requested by Pines Park Investors and Shawn Kaleta and therefore force them to keep the trailer park for 3 1/2 years as a trailer park per Kaleta’s contract with the previous owners. If you approve their land use changes and zoning changes in the future you basically will be taking $13 million from 86 people.”
“I’ve been coming to this Island for 54 years,” Mary Moxx said. “I feel we have been disrespected at Pines. I’m a senior and have limited funds to continue. You want the zoning to change. Why? Ricinda, you remember the old ladies that found you crying on the steps of your gazebo after you told us we were condemned? We consoled you. You have not consoled us.”
“I’m hoping you understand that pain your residents are going through here,” Pines homeowner Sandy Seaver said. “Our eviction notice that we received a few weeks ago started with ‘due to a land use change, you are evicted.’ Was the letter from Mr. Kaleta incorrect? When I saw that my feeling was how can they do that without a public meeting?
“We really just want an honest, caring city government who puts its residents first, no playing games, no bending to money, transparency,” Seaver said. “We are the throwaways on the Island. We have been through hell. We feel that the fox is in the hen house. We ask that you put yourself in our shoes and allow us to move forward and show us some support. We’re fighting many battles in that park and we shouldn’t have to be fighting with you guys, too.”
Mayor responds
Following the close of public comment, Mayor John Chappie said, “Not a thing has been presented to this commission to change the zoning at the Pines. Nothing, whatsoever.”
“If something is presented to us, it would have to go through the whole process,” Chappie said. “There is not a single person up here that has said we want to get rid of the Pines.”
“I did make the comment to you Elayne (Armaniaco) that it does make a difference between a co-op and privately owned by an LLC,” he said. “It does make a difference when you’re looking at the legalities. I did not in any way, shape or form say I wanted to get rid of the Pines. I said just the opposite.”
He called the Pines Trailer Park a key part of the history of Bradenton Beach.
“We’re not the enemy up here, I swear to you,” Chappie said. “I pray on this every night. We want to keep the community quaint and lovely. It’s our home. It’s our neighbors. Is it going to be the same? No, it’s not because we had these two storms – these two major disasters. It breaks my heart.”
On Sept. 26, Hurricane Helene swamped mobile homes at the 86-unit waterfront trailer park. Former City Building Official Darin Cushing said in October that FEMA guidelines characterized the water intrusion as major damage but in December reversed that, following interior inspections, and allowed 83 of the 86 mobile homeowners the ability to repair their mobile homes.
On Jan. 4, mobile homeowners received notification from park owners Pines Park Investors LLC that the park was being closed. Homeowners found eviction notices taped to their doors on Jan. 24, notifying them of a July 31 deadline to vacate the park. Developer Shawn Kaleta is the manager of the LLC.
In a Jan. 27 letter to the Pines Trailer Park Homeowners Association (HOA), Pines Park Investors LLC offered to sell the mobile home park to the residents for $75 million.
Commissioners said they support the continued existence of the Pines, but don’t have the authority to interfere with private ownership of the park.
“My family has been on this Island for 45 years and I thought the Pines Trailer Park was the most adorable little trailer park and had so much character and it does break our heart,” Commission Deborah Scaccianoce said. “If there really was a way to stop an LLC and a private owner, we would.”
“As far as the Pines, I’ve responded to emails to several of the owners stating, I’d love to help you, but I don’t as a member of this commission have a legal right to interfere between an LLC and a property owner,” Commissioner Scott Bear said. “I wish I did. I don’t want to see a zoning change. I don’t want to see anything happen to the Pines. We’ll deal with that if it ever comes to this board. It has never been brought here.”
