HOLMES BEACH – The mayor and city commissioners are maintaining the current 1.99 millage rate rather than increasing it to the maximum 2.1812 millage rate tentatively adopted by a 3-2 vote in late July.
During the city commission’s Sept. 11 budget hearing, City Treasurer Julie Marcotte presented a revised budget that’s now based on maintaining the 1.99 millage rate. The commission adopted on first reading the millage rate and budget ordinances that will be presented for final adoption on Thursday, Sept. 25. The new fiscal year begins on Oct. 1.
The proposed $22.07 million 2025-26 budget represents a $3 million decrease from the current $25.23 million fiscal year budget.
Shown here at a July meeting, City Treasurer Julie Marcotte played a significant role in crafting the city’s 2025-26 fiscal year budget. – Joe Hendricks | Sun
When presenting the proposed budget in early July, Marcotte and Mayor Judy Titsworth proposed a tentative 2.1812 millage rate increase to help offset what was then expected to be an 8.33% decline in total assessed Holmes Beach property values. As the county’s property valuation process continued, the estimated total property value decrease was revised to 7.99% for the coming tax year. When property values increase and the millage rate remains the same, property taxes and the city’s property tax revenues increase; and the opposite happens if property values decrease.
Marcotte said some of the budget revisions were the result of getting more detailed revenue projections from the state and county. She said updating the employee salary schedule and employee health insurance policy selections saved an additional $51,163 and updating the city’s property and casualty insurance costs saved an additional $28,000.
The revised budget includes an additional $100,000 increase in estimated building permit fee revenues and the reallocation of $25,000 in city funds to the police department budget to help cover the cost of patrolling the county-owned beach and boat ramp. Titsworth hopes to recoup that $25,000 from the county during the new fiscal year.
The Islanders 4 Clean Water budget was trimmed by $15,000, the contingency fund was reduced by $150,000 and a $100,000 potable water project was removed from the budget.
The budget lists the mayor’s annual salary at $29,200 and the commissioners’ annual salaries at $8,340.
“With these changes, we were able to set the millage rate at 1.99 and have 25% of our unrestricted reserves that is suggested by the GFOA (Government Finance Officers Association) and auditors for our governmental needs,” Marcotte said.
When comparing the new budget to the current budget, Commission Chair Dan Diggins said the mayor and commission expenditures are decreasing by $50,000, general government expenses are decreasing by $200,000, police department expenditures are increasing by $200,000 (in part to hire an additional officer), building department expenses are increasing by $180,000 and anticipated Public Works Department expenditures are decreasing by $900,000 due to the completion of several projects.
Commissioner Steve Oelfke asked Marcotte if it’s accurate to say the city created a budget that provides a tax cut to the taxpayers. Marcotte said that is correct.
Commissioner Carol Soustek thanked the department heads and employees that eliminated or postponed some of their planned projects and expenditures.
“What that does is show the community that we understand where you’re coming from,” Soustek said in regard to potentially increasing the millage rate at a time when many property owners are still recovering from the 2024 hurricanes.
“I just want to congratulate the mayor and Julie for doing such remarkable work,” Diggins added. “It lets the community know that we understand what you’ve been through. I think it’s the right thing to do.”
“I wasn’t certain we could do this,” Commissioner Terry Schaefer said. “Getting it back to the existing millage without a loss to service is remarkable and I, too, want to compliment the mayor, our treasurer and all of the department heads.”
Participating by phone, Commissioner Carol Whitmore said, “Thank you mayor for working so hard on this. I know it wasn’t easy and I appreciate it; and so do our citizens.”
BRADENTON BEACH – City Attorney Ricinda Perry maintained at a Sept. 16 work meeting that she was not provided proper notice or adequate time to prepare a response to allegations that she had named Drift-In owner Derek Williams as the source of a violation complaint against a neighboring business.
The meeting was called to discuss “City Attorney Performance” based on reports that Perry named Williams as having made a complaint to the Florida Department of Environmental Protection (FDEP) against the Anna Maria Oyster Bar (AMOB) for three over-water tiki structures. Williams subsequently made a public records request to the agency and the response from FDEP was that there was no complaint filed, instead, the violation was seen during a routine inspection for the city’s submerged land lease renewal.
“At the most recent meeting (Sept. 4) I addressed the commission and more specifically Attorney Perry about the accusation that ‘Derek Williams filed a complaint with the Florida DEP about the city pier,’ Williams wrote in a Sept. 9 email to Mayor John Chappie and Police Chief John Cosby.
Williams included the email response from FDEP Public Information Specialist Brian Humphreys, which stated, “I’m in receipt of your request for public records regarding 200 Bridge Street, Bradenton Beach, FL. I checked with our staff who advised we are unaware of any complaints received for that site, so I have no complaint records to share with you.”
That correspondence triggered the Sept. 16 meeting.
The Bradenton Beach City Commission discussed the possibility of dismissing the city attorney. – Joe Hendricks | Sun
“I wanted to bring this before the commission to see what kind of direction, to see what your questions are for Mr. Lincoln,” Chappie said. “We have the backup material that has been provided from the meeting on Sept. 4, we have the email from Mr. Williams on Sept. 9 and we will be bringing into the record the public comment from Mr. (John) Horne.”
Attorney Robert Lincoln spoke on behalf of the city at the Sept. 16 meeting. He referenced an email Perry sent to Chappie on Sept. 15.
Serving as special counsel to the city, attorney Robert Lincoln said the city doesn’t need to show cause to dismiss a charter official. – Joe Hendricks | Sun
That email stated in part: “The notice for this meeting was posted on Friday afternoon, Sept. 12, 2025. There is no stated emergency necessitating an expedited meeting.”
She noted that the Sunshine Law requires that meetings of collegial public bodies be open to the public and preceded by reasonable notice.
“Last minute Friday notice for a meeting for two business days later concerning the performance of a charter officer does not satisfy those standards,” Perry wrote, and requested that the meeting be rescheduled with “reasonable advance notice and an agenda that identifies the specific topics to be discussed.”
“Should the meeting proceed as scheduled, I object to proceeding on the current notice and reserve all rights and remedies available under Florida law,” Perry wrote.
Lincoln said there are cases in which 72 hours of weekend notice of a special meeting are sufficient.
“To the extent that you have a workshop today to discuss her performance, I don’t think there is any question that was adequately noticed,” he said.
Lincoln said the notice issue could be subject to challenge and recommended that if the commission chose to take formal action, it might be better done at a later meeting.
“I think it would address the issues Ms. Perry raised not only on the Sunshine Law, but on the question of fairness,” Lincoln said. “The commission by majority vote can terminate her but can make that decision any time. I think that the agenda that the mayor laid out provides for a workshop discussion.”
Perry speaks
“Mayor and commission, I’m not going to regurgitate the correspondence that’s in your file. I have retained Michael Barfield, who is a pre-eminent expert on Sunshine Law and public records. When I generated that correspondence it was after conferring with Mr. Barfield,” Perry said.
She said she and Barfield agreed that it would be improper to proceed at the Sept. 16 meeting.
“What the city has always done is take the strongest position on transparency possible, has always taken the most cautious approach as possible when it comes to public meetings and public records,” Perry said. “I would expect that this proceeding for someone who is in the 21st year of service to the public as a charter official to have that same measure.”
She said it was unreasonable to provide her with just two days to respond to the allegations and work with Barfield to produce an adequate response.
“To parade me in front of the public, in my opinion it’s not just my rights that I’m asking the city to protect, but it’s future department heads and government officials. They’re entitled to more than two business days to have a clear and open discussion that the public is entitled to,” Perry said. “I’m sure everybody wants to hear both sides of what’s going on. In my opinion (the newspapers) saying there is going to be a meeting, that is not sufficient notice.”
Perry said she deserves an opportunity to adequately put together the records that are needed and was not prepared to address the allegations in a substantive fashion.
“I have hired an expert to do that, and I would like an opportunity to make my case,” Perry said. “My notice was the same notice the public received, an agenda packet. How is that reasonable?”
Public comment
A letter in support of Perry from AMOB CEO John Horne was read into the record.
The letter stated in part: “I wish to extend my deepest appreciation for the tireless efforts of our city attorney. Her leadership and commitment during the recovery effort for Bradenton Beach residents and merchants cannot be overstated.”
The positioning of the Anna Maria Oyster Bar’s small tiki structures prompted a FDEP violation letter. – Joe Hendricks | Sun
“I just want to say that it’s very discouraging that we’re to this point,” said Helena Williams, co-owner of the Drift-In. “One thing we noticed early on is the uncanny way local business and property owners are pitted against each other.
“Lawyers are to be held to a higher standard,” Williams continued. “Ethics and morals matter. There is a reason we are being dragged into this. We’ve asked some tough questions. We deserve honest answers. Help us remove our doubt and stop the lies.”
Gayle Luper, owner of Bungalow Beach Resort, said Perry continued to be involved in her dispute with the city despite Lincoln being appointed to conduct the hearing for Luper’s petition to allow resort fee-based parking.
“For the city to move forward, Ms. Perry’s role should end. I’m asking you to terminate her,” Luper said.
Drift-In owner Derek Williams mentioned the city attorney’s recent comments about a FDEP violation letter. – Joe Hendricks | Sun
“I don’t understand why I’ve been treated the way I’ve been,” Derek Williams said. “This is damaging and defaming to me and my family and the things we’re trying to do.”
Longtime Bradenton Beach resident Jim Hassett expressed his support and appreciation for the city attorney. – Joe Hendricks.
Ryan Davis and Jim Hassett spoke in support of Perry and her efforts following the hurricanes.
Commission comments
“What she’s done for the businesses and the city I would give her an A+,” Commissioner Jan Vosburgh said.
“She has the right to defend herself or to clear her name,” Vice-Mayor Deborah Scaccianoce said. “Any decision we make should be an informed decision, not a one-sided decision. I don’t have any documentation to negate or support anything. It’s not fair to Derek and what he’s told us and it’s certainly not fair to Miss Perry.”
Commissioner Scott Bear said Perry has done great work for the city after the hurricanes.
“We have information that was provided that looks pretty damning, but I honestly don’t think providing two days’ notice for Ricinda to properly provide a response is enough, so I don’t think we should be making any decisions today,” Bear said. “What I’d like to understand is who Ricinda talked to at DEP. I’d like to talk to those people to find out what the conversations were. I’d prefer that she be given time to provide a response.”
Commissioner Ralph Cole said more information is needed.
“I have no information for the reason for being here, other than one letter and the minutes of the meeting, which don’t accuse one particular person of anything,” Cole said. “The minutes say somebody or someone, there’s no name mentioned. I think everybody has the right to defend themselves, one side or the other and to see exactly why someone wants me to fire the city attorney. I would agree we need to prolong this.”
Chappie said he agreed with the commissioners and said individual rights need to be protected.
“I agree we need to give her more time,” Chappie said. “It’s tough. I know it’s tearing Ricinda apart and it’s tearing the city apart. We can set a time for the next meeting.”
No meeting date has yet been set.
The meeting video can be viewed in its entirety here.
ANNA MARIA – On Sept. 15, Mayor Mark Short vetoed the Bean Point ‘no swim’ zone emergency ordinance unanimously adopted by city commissioners on Sept. 11 that would have allowed property owners with riparian rights to swim there.
The city’s efforts to enact a Bean Point ‘no swim’ zone have now been suspended.
In an email sent to The Sun on Sept. 16, Short wrote, “I vetoed Emergency Ordinance 25-951, which was passed by the commission last Thursday regarding no swimming at the Bean Point area of the beach. The ordinance, as approved by the commission, provided for inconsistent enforcement and would be impractical to enforce by the MCSO (Manatee County Sheriff’s Office) and city code enforcement personnel. City commission was informed of this decision yesterday.”
When speaking to the Sun on Sept. 17, Short said the recently installed metal signs that say, “No Swimming, Dangerous Currents” will be replaced this week by new signs that say “Warning. Dangerous Currents. Swim at your own risk. No lifeguards.”
With no ordinance in place at the time, Short implemented the ‘no swim’ zone on Sept. 2 in response to a drowning on Aug. 31 and other recent Bean Point water rescues that included a 45-year-old man dying the day after he and his 15-year-old son were rescued from rip currents. The temporary signs installed on Sept. 2 have since been replaced by metal signs that say, “No Swimming, Dangerous Currents.”
On Sept. 11, commissioners adopted the now-vetoed emergency ordinance that formalized a temporary Bean Point ‘no swim’ zone, while still allowing a limited number of beachfront homeowners and their guests to continue swimming there.
To be replaced later by a permanent, and perhaps different, ordinance, the now-vetoed 60-day emergency ordinance said, “It shall be unlawful for any person to engage in swimming, floating, rafting, paddleboarding, kayaking or other similar water-based recreational activities in the waters of the Bean Point area defined as: ‘The shoreline and waters beginning at the Fern Avenue (Street) beach access, extending northward around Bean Point and eastward to the beach access between 831 and 833 North Shore Drive.’ Fishing and wading in water up to knee depth shall be permitted but discouraged.”
The proposed Bean Point ‘no swim’ zone extends from the Fern Street beach access to the 831 North Shore Drive beach access. – Google Maps | Submitted
Public input given by Bean Point homeowners and others convinced commissioners to revise the proposed ordinance to allow Bean Point beachfront homeowners and their guests to continue enjoying the Bean Point waters now off limits to other Anna Maria residents and visitors.
The emergency ordinance allowed the owners of Bean Point beachfront homes with riparian rights to continue swimming in the ‘no swim’ zone. – Joe Hendricks | Sun
At the commission’s request, City Attorney Becky Vose added language to the emergency ordinance’s penalty provisions that granted approximately 14 Bean Point homeowners an exemption not shared by vacation rental guests: “Owners, and their guests, of homes that are not vacation rentals with riparian rights in this specific area are exempt from these penalties.”
Regarding enforcement, the emergency ordinance said, “Violation of this ordinance shall be punishable as a noncriminal municipal infraction, subject to fines as provided through resolution of the city commission.”
A city resolution was not adopted to establish fines being levied while the emergency ordinance was to remain in effect.
Short said while the 60-day emergency ordinance was in effect, he would work with Manatee County officials to develop a permanent solution that addresses the city’s public safety concerns.
The emergency ordinance still allowed knee-deep wading and fishing. – Joe Hendricks | Sun
Commissioner Chris Arendt said he was OK with people wading in knee-deep water, including children accompanied by an adult. He and the other commissioners agree the city must do something to protect visitors who aren’t aware of the dangers posed by rip currents at Bean Point.
Public input
Before the homeowners’ exemption was added to the now-vetoed emergency ordinance, longtime Bean Point homeowner Wendy Blumenthal said, “So what are the consequences for me if I go behind my house and float in 3 feet of water?”
“The ordinance, at this point, calls for a warning. It does not call for a fine,” Short answered.
Bean Point homeowner Wendy Blumenthal objected to beachfront homeowners not being allowed to swim in the waters near their homes. – Joe Hendricks | Sun
Sgt. Brett Getman leads the Manatee County Sheriff’s Office Anna Maria Unit. When asked about enforcing the emergency ordinance, he said, “Compliance and education is our goal.”
Continuing, Blumenthal said, “I feel horrible about what’s happened in recent weeks with the visitors, and I know we need to do something, but I think having a knee-jerk reaction may be too quick. What about those of us who do know the waters, have never had an incident, know when the tide’s going out? Why do we not get to use the water behind our home? It’s not just visitors that use the beach.”
When she suggested using buoys to create a designated swimming zone, Short said county officials already mentioned that option.
Bradenton resident Sydney Buckley and her husband, Richard, own and operate the Anna Maria-based Tangerine Group construction and real estate services company. She agrees the city needs to protect visitors but said homeowners’ rights must also be considered. She said the swimming prohibition might negatively impact a homeowner’s ability to sell their Bean Point home and might also impact vacation rental guests if any of the temporarily exempted homes are used as vacation rentals.
“If I were to spend $10,000 on a house on the beach just to find out after I arrive that we can’t go dive in like we were expecting to, I’d be pretty furious,” Buckley said.
Longtime Bean Point homeowner John Dicks lives along the stretch of North Shore Drive referenced in the emergency ordinance. He applauded the city’s efforts to protect visitors and save lives but said the homeowners’ riparian rights and property rights must also be protected. He cautioned the commission against taking action that could expose the city to Bert Harris claims filed by homeowners seeking compensation for the loss of their long-held property rights.
“It’s diminishing the value of those properties. That’s the classic example of a Bert Harris case. We don’t want to get into that,” he said.
Bean Point homeowner John Dicks mentioned potential Bert Harris claims. – Joe Hendricks | Sun
Dicks suggested using large, colored flags to warn people about the currents and water conditions. As an alternative, he suggested the swimming exemption later added to the emergency ordinance. Dicks said he wasn’t sure, but he didn’t think any of the exempted Bean Point homes are vacation rental homes.
“I’m planning on swimming tomorrow,” he said, noting he doesn’t want to break the law when doing so.
Arendt asked Getman how hard it would be to enforce a ‘no swim’ zone that only allows certain residents and guests to swim there.
“It’s just going to invite people to swim that see other people swimming,” Getman answered.
On Aug. 9, Getman entered the water to help rescue the teenaged boy caught in the rip current with his father. During a recent commission meeting, Getman said the Bean Point water rescues put deputies at risk too.
On Sept. 11, he said, “Keep in mind, we’re not lifeguards.”
Regarding an exemption being given only to those beachfront property owners, Short said, “Does that open up a can of worms for people who live across the street?
“They don’t have riparian rights and I think that’s a valid distinction,” Vose replied.
Longtime resident and recently appointed Planning and Zoning Board member Don Buswell-Charkow said he’s walked that stretch of beach almost every day since 1991.
Don Buswell-Charkow asked the commissioners not to over-regulate their public safety concerns. – Joe Hendricks | Sun
After acknowledging the tragic nature of the recent events, Buswell-Charkow said, “In the United States, we go out of our way to protect people from doing incredibly stupid things. I’m not saying all the people that swim there are stupid, but to say, ‘No, you can’t do that,’ when people who know what they’re doing and are cautious and careful are going to be deprived of something they have done for years seems a bit overstepping, excessively regulating everything. There should be a big sign that says this is a dangerous area. There are very strong currents here. If you swim in this area you could drown.”
BRADENTON BEACH – After Drift-In bar owner Derek Williams was named by City Attorney Ricinda Perry as the source of a Florida Department of Environmental Protection (FDEP) violation complaint against the Anna Maria Oyster Bar (AMOB), he made a public records request to the agency to clear his name.
In response to Williams’ request for information, an FDEP spokesperson confirmed there were no complaints on record and that the violation had been discovered during a routine inspection for the renewal of the city’s submerged land lease at the Bradenton Beach Pier, adjacent to the city-owned building at 200 Bridge St. that AMOB leases from the city.
The Sept. 9 email to Williams from FDEP Public Information Specialist Brian Humphreys stated, “I’m in receipt of your request for public records regarding 200 Bridge Street, Bradenton Beach, FL. I checked with our staff who advised we are unaware of any complaints received for that site, so I have no complaint records to share with you.
“Our staff conducted a compliance inspection for the state lands lease renewal as it was due to expire. The Florida Department of Environmental Protection (DEP) is required to inspect leased sites as part of the renewal process. During the inspection non-compliance was observed.”
On June 16, FDEP had sent a letter to the city which read in part, “FDEP compliance team conducted an inspection on 5/27/2025 for a (sovereign submerged land) lease renewal. It was noted that added over-water structures were seen at that inspection. Tiki hut structures were added on the docking structures, and the roof structures appear to hang beyond the docking structure footprint.”
FDEP requested the city remove the three tiki structures located on the south side of the AMOB outdoor dining area.
During public comment at a Sept. 4 Bradenton Beach City Commission meeting, Williams criticized Perry for allegedly telling the owner and manager of AMOB that he filed the FDEP complaint.
“I had a local merchant come to me in the last week and tell me Ms. Perry had spoken directly to the owner and the manager of the business and informed them that I had personally reported them for certain legal issues, which I’m 1,000% sure I did not do,” Williams said on Sept. 4. “I got direct phone calls from those people; they doubled down and verified it was Ricinda.”
“I was advised that a complaint was filed with the DEP by an individual from Drift-In because of the tiki roof (at AMOB) and they wondered if the city had gone through everything they were forced to go through,” Perry said at the Sept. 4 meeting.
With the results of the FDEP public records request in hand, Williams sent the following email to Mayor John Chappie and Police Chief John Cosby: “Below is the response I got back from Florida DEP in regards to the accusations made. As you can see from public records, I did not and have not reported anyone despite the accusations from City Attorney Perry. Due to recent events I chose to address her at the most recent City Commission meeting in the public forum. Otherwise, it seems I will continue to find my good name being smeared.”
“At the most recent meeting I addressed the commission and more specifically Attorney Perry about the accusation that ‘Derek Williams filed a complaint with the Florida DEP about the city pier.’ Perry immediately reacted and almost jumped out of her seat to defend her position and supposed ‘proof’ that I made the alleged call to Florida Department of Environmental Protection. Clearly the response below from DEP shows that no complaint ever existed per state/public records,” Williams’ email stated.
Williams stated in his email to the city that he also reached out to the West Bradenton fire marshal as they had previously spoken about the Drift-In AMI Tiki Bar. Williams stated the fire marshal confirmed their conversation was a “nonevent” and he had never reported anything about their conversations to the state.
“That leaves me once again bewildered and frustrated that this small local government contracted representative (Perry) continues to be unable to communicate in a civil manner. All signs point towards a different agenda for the businesses and property owners in Bradenton Beach. We deserve to know why,” Williams’ email stated.
Williams asked Chappie and Cosby to share the email with Bradenton Beach commissioners.
“They deserve a better understanding of the person that they are relying on for legal guidance and city affairs,” Williams stated.
Chappie did not respond to The Sun’s Sept. 10 request for comment.
“City Attorney Performance” will be the topic of a Bradenton Beach City Commission work meeting discussion on Tuesday, Sept. 16 at 10:30 a.m. The meeting packet that references the single agenda item pertains to the FDEP violation letter that Perry alleged was the result of a complaint made by Williams.
Open to the public, the meeting will be held in the Katie Pierola Commission Chambers at 107 Gulf Drive.
HOLMES BEACH – Working together and supporting each other’s efforts were two main themes shared during the Vacation Rental Stakeholders meeting held at Holmes Beach city hall on Sept. 10.
More than 50 short-term vacation rental owners, managers and employees attended and participated in the two-hour meeting facilitated by Holmes Beach Code Compliance Chief James “JT” Thomas.
The speakers and presenters included Mayor Judy Titsworth, Police Chief Bill Tokajer, Development Services Director Chad Minor, Building Official Neal Schwartz, Development Services Coordinator Kim Charron, Code Compliance Officers Nate Brown and Sandy Olson, West Manatee Fire & Rescue Fire Marshal Rodney Kwiatkowski, Waste Pro District Manager Ben VanderBaan, Code Compliance staff member Allyson Kalicharan, Code Compliance Officer Jason Clayton and Thomas.
Mayor Judy Titsworth thanked the short-term vacation rental industry representatives for their efforts. – Joe Hendricks | Sun
Speaking first, Titsworth welcomed the vacation rental owners and representatives and thanked them for all the cooperation they’ve exhibited in recent years as part of the ongoing efforts to make Holmes Beach a place where people want to live and vacation.
Chief Tokajer said, “You guys are doing a great job,” when praising the vacation rental owners and managers for significantly reducing noise complaints and preventing large house parties. He said guest parking remains a concern and he asked that rental guests be reminded to park between the lines (where lines exist), park in designated areas when applicable, park with the flow of traffic and park with all tires off the pavement.
The stakeholders meeting was well attended and more stakeholders arrived as the meeting progressed. – Joe Hendricks | Sun
In response to a question posed by an attendee, Tokajer said vacation rental guests must leave the Island when hurricane evacuations are ordered because no one will rescue them once the winds reach 45 mph. He also said rental guests will not be allowed through the post-hurricane re-entry checkpoints after 7 p.m. while those are in effect.
On behalf of the building department, Schwartz, Charron and Minor stressed the importance of securing the proper permits to make hurricane damage repairs – and to not be afraid to come to the city and work with the city to ensure full compliance with city code and National Flood Insurance Program and FEMA regulations.
“It’s not too late. Please come talk to us. We will work with you. We will issue after-the-fact permits,” Charron said, noting the city doesn’t want to lose the flood insurance discount given to all Holmes Beach property owners, which increases to 25% on Oct. 1.
“The doors are always open here,” Minor added.
In response to a question about bringing damaged and repaired vacation rental homes back online – including those recently purchased by new owners – Thomas said the city can assist with the research needed to obtain a city-issued vacation rental certificate.
Kwiatkowski stressed the point that the fire district’s now-mandatory annual inspections of short-term vacation rentals (Transient Public Lodging Establishments) are conducted to save lives and ensure public safety and the fire district has no desire to slow or impede vacation rental activities.
Representing Waste Pro, VanderBaan thanked the rental owners and managers for their cooperation and encouraged them to contact Waste Pro regarding any service issues. He asked them to remind guests to leave a clear path to and from the trash and recycling receptacles along the side of the house because Waste Pro employees will not attempt to retrieve or return the receptacles at the risk of damaging vehicles parked in the way. He also asked the rental owners and managers to remind their cleaning staffs not to bring to the street receptacles that require side-door service.
Meeting facilitator and Code Compliance Chief James “JT” Thomas guided the discussion with humor and inclusion. – Joe Hendricks | Sun
During the following day’s city commission meeting, Titsworth and commissioners Steve Oelfke and Carol Soustek praised Thomas for the congenial and engaging manner in which he conducted the annual stakeholders meeting.
The city’s presentations can be found here.
The WMFR presentation can be found here.
ANNA MARIA – Craig Greene is no longer serving as Anna Maria’s contracted building official.
Toward the end of the Sept. 11 Anna Maria City Commission meeting, Mayor Mark Short briefly addressed Greene’s departure.
“That particular building official, as of yesterday, is no longer representing the city of Anna Maria,” Short said after first mentioning comments made by Anna Maria homeowner Jamie Walstad during public comment at the beginning of the meeting.
The mayor didn’t provide any additional details as to who will serve as Anna Maria’s building official moving forward.
Greene’s services were provided through the city’s agreement with Joe Payne Inc. (JPI), the firm that serves as Anna Maria’s contracted building department and also provides the city’s floodplain manager, plan reviewers and permit technicians.
Anna Maria homeowner Jamie Walstad expressed her displeasure with the former building official. – Joe Hendricks | Sun
When addressing the commission, Walstad read aloud remarks she prepared in advance. She began by saying the home she shares with her husband sustained flood damage during Hurricane Helene and they were fortunate to have Kevin Hutchison serving as their contractor.
“Craig Greene sent a letter to Kevin and his subcontractors stating we had exceeded the 50% rule and defrauded FEMA. Kevin immediately contacted Greene and the mayor. Then, to add insult to injury, Kevin received an email that our permit was expired,” Walstad said.
“Our name and address was put into the record, wrongfully stating allegations of FEMA fraud. It made us feel that our good name has been besmirched in front of the community we love. At no time were we ever contacted. We received no apology. The stress of possibly being a subject of FEMA fraud has been horrible. This situation made us feel like criminals and we are concerned that FEMA may reject our policy in the future,” Walstad said.
When addressing Greene’s dismissal at the end of the meeting, Short said he was surprised to hear that Greene did not apologize to the Walstads directly because he saw the apology email Greene sent to Hutchinson.
“I did not realize the owner was not on that particular email,” Short said.
During the Holmes Beach City Commission meeting earlier that day, Mayor Judy Titsworth said, “We have currently been doing some inspections for the city of Anna Maria to assist them and their building department needs.”
She later told The Sun that Holmes Beach would continue assisting Anna Maria with their building department needs if asked to do so.
Builders’ concerns
During the Aug. 14 city commission meeting, Mason Martin Builders and Agnelli Pools & Construction owner Frank Agnelli and Gagne Construction owner Dan Gagne expressed their displeasure and frustration with Greene and Joe Payne Inc. Agnelli called for them to be replaced with a fulltime, in-house building department staffed by city employees. During the Aug. 28 meeting, Agnelli, Hutchinson and MuniPlan owner and consultant Monica Simpson expressed similar views.
Builder Frank Agnelli addressed the mayor and commission during two August meetings. – Joe Hendricks | SunContractor Kevin Hutchinson addressed the mayor and commission on Aug. 28. – Joe Hendricks | Sun
On Sept. 10, Simpson sent a letter to several builders regarding Greene’s dismissal.
“The city of Anna Maria has released Craig Greene from his duties as building official. The city is going to work diligently, but mindfully, to find a suitable replacement. As this is being done, please proceed with patience with the city regarding this effort and the transition. The city does not want to rush and make a hasty decision and we all want someone who will serve everyone well in the all-important position,” Simpson wrote.
In a separate email sent to The Sun, she wrote, “I am grateful the mayor took the time to look at the issues raised by the community. I am optimistic a qualified individual will be named who can help ensure the highest level of service for property owners, contractors, designers and all the other individuals who work in the industry. The city of Anna Maria deserves it.”
When speaking to The Sun that evening, Agnelli said, “I think this change is going to be good for all the builders and citizens of Anna Maria. Hopefully, they replace him with somebody that wants to work with the builders, interpret the codes correctly and not put his own opinion into everything he interprets,” Agnelli said.
Regarding the mayor’s response to the builders’ concerns, Agnelli said, “It speaks volumes that they’re listening to us. We want to work with the city, not fight with the city on everything we do.”
JPI agreement
Anna Maria’s current agreement with Joe Payne Inc. commenced on Feb. 3 and is scheduled to expire on Sept. 30, with the city having the option to execute up to four one-year renewals.
“The city reserves the right to terminate this agreement at any time provided the city gives JPI 30 days’ notice of such termination,” the contract says.
The agreement states that on average, the designated building official is to spend six to eight hours at city hall at least one day per week, with the remaining building department services provided remotely.
As compensation, JPI receives 50% of the building permit application fees generated each month and is guaranteed a monthly minimum of $35,000 if the permit fees don’t reach that monthly threshold.
The one-page 2025-26 fiscal year budget summary included in the Sept. 11 meeting packet lists $1.19 million for total anticipated planning and development revenues and matching expenses. The budget summary does not specify how much of the $1.19 million the city anticipates paying Joe Payne Inc.
Did you hear it? Did you hear buyers and sellers, and, of course, real estate professionals slightly exhaling the breath they have been holding for over a year now?
There are definite signs that we might start seeing a turnaround in the real estate market, although based on the July sales statistics for Manatee County, we really don’t see it here. You could argue there is a leveling off but certainly nothing to get excited about.
Across the country, however, the National Association of Realtors is reporting a definite uptick of the market. Sales of existing homes rose unexpectedly in July, raising hopes that the stalled housing market is improving and setting up for a busy fall. Home sales nationally were up 2% from the prior month, which is only a slight gain, but a gain nonetheless.
Manatee County is still showing a decline in the number of properties sold and a decline in the median sale price as well. The inventory of available single family homes in Manatee County in July was 4.8 months, compared to last July’s availability of 3.9 months – a substantial increase. The national median existing home price in July was $422,400, while Manatee County’s median single-family sales price was $489,900.
Mortgage rates have edged down to their lowest level of the year. The average rate for a 30-year fixed rate mortgage declined last month to 6.58%. The hope here is that if the recent decline continues, it could set the state for a better-than-expected fall selling season.
In addition, the Federal Reserve has sent strong messages that rates could be cut. This in conjunction with inventory rising and prices dropping could open the door for first-time and marginal buyers. The Sunbelt, specifically Texas and Florida, have led the nation in the decline in prices.
Buyers are getting more leverage in making offers and choosing a property. However, first-time buyers are still not out of the woods. First-time buyers accounted for 28% of purchases in July. That was down from 30% in June and 29% in July of last year. If the 30-year fixed rate mortgage declines to 6% or below, we will finally see the first-time buyers coming back. We need first-time buyers, even first-time investors to spur the market above them.
Just for the fun of it, I read about a survey of the most expensive neighborhoods in the United States compiled by Zillow. Out of the top 10 most expensive neighborhoods, seven of them were in Florida and three were in California. The number one spot went to Coral Gables Estates in Coral Gables, Florida running over Beverly Hills, California. The second spot was Port Royal in Naples, Florida and the third spot was Old Cutler Bay, Florida.
And since we’re talking about Florida high-end listings, Miami’s upper end properties are trying a new tack. They are delisting their properties, not removing them from the market, but delisting, which is not the same thing. About half the sellers in this category are taking a pause until later in the year, probably around November. They believe the market will be more favorable to buyers at this time and also hopefully building a competitive edge since everyone wants something they can’t have. We’ll see if the psychology of this works, but it’s an interesting step either way.
So as we all look forward to the fall and the positive expectations we’re hearing, most of us are all just waiting to exhale.
I was reminded this past week that it’s a good time to remind anglers about the importance and protection of seabirds. Knowledgeable anglers know that these birds are valuable, but some beginning anglers (I’m being kind) should learn a few valuable lessons early on to keep them safe.
Besides being an integral part of the marine ecosystem and beautiful to watch, they help us locate fish. An observant angler notices where birds congregate on a low tide. They know the birds are feeding on marine organisms that fish will seek out when the flat is covered with water on a rising tide. They point us to schooling fish, often indicating action much farther away than we can see. Anglers who fish the coastal waters of Florida will invariably come into contact with the seabirds that inhabit local waters. The encounter can be deadly to seabirds if anglers don’t know the basics of caring for them.
The inspiration came as I was fly casting to Spanish mackerel (my target) and blue runners (an incidental but fun catch). My top water gurgler attracted observant birds on almost every cast, and I couldn’t take my eye off them for 10 seconds. Around me, a couple of other boats were chumming, and I noticed birds picked up hooked baits a couple of times.
The fall run is just beginning, and a lot of effort will be put into fishing for breaking fish on the beaches. The encounter can become deadly if a bird becomes entangled in fishing line and takes some of it back to their roosts. The birds are also put in harm’s way when they come into contact with fishing line that careless anglers leave in the water and in the mangroves from an errant cast.
That same day as I was waiting for the tide to change and drifting the west side of Jewfish Key, I noticed a braided fishing line trailing behind me. After about 30 minutes, I managed to retrieve 100-plus yards of bright blue 100-plus-pound line. It was chilling to imagine how many birds and other wildlife that might have impacted.
If a bird is hooked while fishing, it’s important to bring them to the boat with a properly set drag to prevent the line from breaking. It can be a death sentence when they return their mangrove roost trailing it. Eventually, most anglers will hook a bird, even if they’re being diligent to avoid them. When it does happen, work them to the boat carefully as you would a big fish, then throw a towel over their head to calm them before removing the hook.
Care should be taken with all birds, especially ones that have sharp beaks. They don’t know you’re trying to help them. Handle birds carefully as they have very light, hollow bones. Cautiously remove the line from their body, wings and feet and check them thoroughly before releasing them. If you see a hooked or tangled bird in an active rookery during nesting season, it’s important not to approach them as their young may be startled and fall from the nest.
You can reduce the chance of hooking birds by following a few simple rules. First, never feed birds, as this will teach them to look for a handout, a practice that is dangerous to the birds. Second, while you’re fishing, keep an eye out for birds that might be hovering, getting ready to dive on your offering.
Taking care of the wildlife that inhabit our coastal estuaries is everyone’s and especially angler’s responsibility. If you see a bird in distress and can’t help it, call Save Our Seabirds at 941-388-3010 or Audubon Coastal Island Sanctuaries at 813-623-6826.
BRADENTON BEACH – City commissioners discussed an Aug. 28 letter sent to the three Island mayors from State Rep. Will Robinson Jr. (R-Bradenton) and State Sen. Jim Boyd (R-Bradenton).
The state legislators’ letter requested updates from all three Island cities on their efforts to consolidate similar services provided to the public.
“Given the broader budget environment and the legislature’s continued emphasis on efficiency and accountability, we need a clearer understanding of where things stand before we move into the appropriations process in Tallahassee,” the letter stated.
Boyd and Robinson requested updates on the following items:
Any steps taken since the OPPAGA study to explore shared services.
Efforts to coordinate operations across the three cities to reduce duplication and improve efficiency.
How these priorities are reflected in your budgets and planning moving forward.
During the Sept. 4 city commission meeting, City Attorney Ricinda Perry said, “The large point that I think was made was to ask what have you done since the OPAAGA study to consolidate services? They wanted an accounting of that, and failure to do so would result in them not moving forward with appropriation requests from the municipalities.”
Perry drafted a letter in response to Boyd and Robinson’s request and read it to the mayor and commissioners.
The letter stated in part: “As Governor DeSantis has recognized, Bradenton Beach sustained the most severe damage in Manatee County, with nearly 95% percent of the city impacted. The work of rebuilding our community has been both overwhelming and unrelenting. To date, we are still having structures torn down, roads repaired, lights and electrical wiring reinstalled and replaced, as well as a significant amount of sand removal from all the stormwater repairs.”
Perry noted in the letter that Bradenton Beach sought opportunities to work collaboratively with the other Island cities, but following the hurricanes any trial consolidation of services presented significant challenges that proved impractical to sustain.
“When we worked with Holmes Beach and they came down and looked at the permits that were issued by the city’s building official, Mr. (Darin) Cushing, Holmes Beach would not put their license on the line and sign off on the inspections,” Perry said.
Perry’s letter stated Mayor John Chappie previously put together a list after talking with staff and consulting with the commission about what the city could do to consolidate services.
Perry said the list was submitted to OPAAGA, Robinson and Boyd, but the other cities could not get on the same page with the suggestions for consolidated services.
“There was discussion with Holmes Beach basically wanting to take over the police department,” Perry said. “There was request for our public works to do all the public works work. It never really went where it needed to go.”
Perry’s draft letter says, “We respect the autonomy of our fellow Island cities and recognize that consolidation cannot be successful without mutual interest and commitment. The city is focused on the arduous and costly task of recovery, ensuring that we emerge stronger and more resilient in the years ahead. We remain receptive to constructive discussions should circumstances change. In the meantime, we respectfully request that Bradenton Beach not be disadvantaged in the appropriations process or in consideration of a special act that would directly further our recovery from the two hurricanes and Tropical Storm Debby.”
Perry said the draft letter is a starting point.
“We have until Oct. 1 to respond, so if you would like to take some time, please do it,” Chappie said. “I like your letter. I think it covers the bases. We are wanting to work with everybody.”
MANATEE COUNTY – Manatee County is joining a soon to be filed lawsuit that will challenge the new state law created by the Florida Legislature and Gov. Ron DeSantis’s adoption and enactment of Senate Bill 180 earlier this year.
On Sept. 2, county commissioners voted 6-1 in fav or of joining legal challenge at an initial cost of $10,000, which additional costs anticipated if a judge’s order is issued and then appealed.
Originally intended to prevent city and county governments from making it more difficult for property owners to repair, rehabilitate and rebuild their hurricane-damaged structures, the far-reaching state law prohibits city and county governments from adopting land use regulations that are more restrictive or cumbersome than those that existed on Aug. 1, 2024.
The new law’s potential implications recently caused county commissioners to delay voting on returning the county’s wetland setback requirements to the more stringent requirements that were in place before the previous county commission weakened them in a manner more favorable to developers.
A memo included in the Sept. 2 county commission meeting packet says, “SB180 is overbroad and overreaching. It has been used by developers to put a choke hold on Manatee County and on home rule. Manatee County looks to challenge SB180 in the court of law in order to remove the section that prevents Manatee County from taking necessary steps to mitigate flooding and damage. The section should only apply to property damaged in an emergency caused by the emergency.”
When providing public input before the commissioners discussed joining the lawsuit, county resident Dalton Nelson said the new law undermines home rule authority and strips local gov ernments of the flexibility needed to respond to overdevelopment, flooding, infrastructure planning, environmental protections and other challenges.
“To the make matters worse, Mr. DeSantis has gone so far as to threaten removing commissioners who do not fall in line with these laws. That is not democracy. That is intimidation. When commissioners govern out of fear of removal instead of in the best interests of the residents the entire system of local government is weakened,” Nelson said.
County resident Anthony Shulo said the new law fails to make distinctions between disaster recovery and future land use decisions, which he said are two very different scenarios: “Without official clarification, the door is already open misapplication and misinterpretation – something that should concern every resident of this county.”
County resident Glen Gibellina noted every state legislator in the Manatee County Legislative Delegation voted in favor of the new law, including Sen. Jim Boyd and state representatives Will Robinson Jr. and Bill Conerly.
District 3 commissioner Tal Siddique doesn’t oppose all the provisions set forth in SB 180 but he said it contains some “bad language” and some developers are already actively looking to litigate in court the definitions of “more restrictive” and “burdensome.”
“That’s operating in bad faith,” Siddique said.
“This notion that we’re restricting homeowners from rebuilding is just ridiculous. It’s false. I welcome us joining this lawsuit. I think it’s the only way to make our voices heard,” Siddique said. “I’ve yet to receive one call from any builder about how we can make it easier to let property owners rebuild their homes – and I represent the most hurricane-damaged part of the county (Anna Maria Island).”
Commissioner Carol Ann Felts said, “It’s not easy to convince someone that they’ve made a mistake by hitting them over the head. This is just part of the American way. We have a law that is made, we abide by that law and then we legally find ways to change that law if they don’t work or us. This is how our democratic republic works. I don’t want the lawsuit being seen as antagonistic. It’s just not a good law.”
Mike Rahn was the only commissioner who opposed joining the lawsuit at this time.
“Why do we need to join now?” he said. “We took a breather on moving forward with the wetland rollback and repealing (land use policy) 2.1.2.8. We’re poking a pretty big bear here. We’ve already felt appropriations get withdrawn or vetoed.”
Rahn said the lawsuit could take 3-4 years to resolve and he prefers to instead work with state legislature in hopes of amending the law during the state legislators’ 2026 legislative session.
“I’d rather build consensus with other counties and say this is what we want, rather than slapping a lawsuit on the state of Florida. There will be retribution, I’m telling you. We’re feeling it now over 2.1.2.8. and the wetlands,” he said.
HOLMES BEACH – City officials are taking a wait and see approach to joining a yet to be filed lawsuit that will challenge a new state law that significantly restricts Florida cities and counties’ ability to enact and enforce new development regulations.
The new state law was created earlier this year by the Florida Legislature’s adoption of Senate Bill 180, which Gov. Ron DeSantis signed into law effective July 1.
The new state law prohibits city and county governments from adopting development regulations and comprehensive plan amendments that are more burdensome or restrictive than those in place on Aug. 1, 2024.
The law
Section 28 of SB 180 says, “Each county listed in the federal disaster declaration for Hurricane Debby, Hurricane Helene or Hurricane Milton, and each municipality within one of those counties, may not propose or adopt any moratorium on construction, reconstruction or redevelopment of any property damaged by such hurricanes; propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations; or propose or adopt more restrictive or burdensome procedures concerning review, approval or issuance of a site plan, development permit or development order before October 1, 2027, and any such moratorium or restrictive or burdensome comprehensive plan amendment, land development regulation or procedure shall be null and void. This subsection applies retroactively to August 1, 2024.”
Section 18 of SB 180 says, “The term ‘impacted local government’ means a county listed in a federal disaster declaration located entirely or partially within 100 miles of the track of a storm declared to be a hurricane by the National Hurricane Center while the storm was categorized as a hurricane, or a municipality located within such a county.”
The pending lawsuit
Fort Lauderdale-based attorney Jamie Cole is leading the efforts to challenge the new state law and he recently reached out to city and county attorneys statewide to gauge their interest in joining the lawsuit. Cole is a managing partner with the Weiss Serotta Helfman Cole Brierman law firm headquartered in Fort Lauderdale and he’s served as the city attorney for the city of Weston since 1999.
On Sept. 2, Manatee County Commissioners voted 6-1 to join the soon to be filed lawsuit at an initial upfront cost of $10,000 – with additional costs possible if the judge’s eventual ruling is appealed.
When contacted on Sept. 5, Cole said, “So far, a total of 16 local governments have joined the lawsuit from all over the state, including two counties and 14 municipalities. We plan to file in mid-September. We haven’t determined the jurisdiction yet.”
Attorney Jamie Cole expects to file the SB 180 lawsuit later this month. – Weiss Serota | Submitted
In February 2024, Cole filed a lawsuit that challenged the constitutionality of the expanded Form 6 financial disclosure requirements the Florida Legislature and DeSantis imposed statewide on mayors and city commissioners. In June 2024, United States District Judge Melissa Damian issued a temporary injunction that temporarily prevents from the state from enforcing the financial disclosure law that took effect Jan. 1, 2024. According to Cole, the lawsuit parties are still awaiting Damian’s final ruling.
Holmes Beach discussion
On Aug. 26, City Attorney Erica Augello provided the Holmes Beach mayor and commissioners with an overview of the potential impacts of SB 180. At the time, Manatee County Commissioners had not yet decided to join the lawsuit.
Augello said she wasn’t prepared to advise the commission on joining the pending lawsuit because she didn’t have enough information about the legal arguments to be made, who’s joining the lawsuit and in which jurisdiction the case will be argued.
“This is the law we have to abide by at this point,” she said. “Whatever gets decided at that level is going to impact every city in the state of Florida, so joining it or not joining it is not necessarily going to make a difference.”
Augello said there’s already talk about state legislators amending the law during the 2026 legislative session to address the concerns being raised.
“Let this play out a couple more weeks, see what happens and let Erica continue to do her research,” Mayor Judy Titsworth said.
Holmes Beach officials discussed Senate Bill 180 and the pending lawsuit that will challenge the new state law. – Joe Hendricks | Sun
Regarding the law itself, Augello said, “The law says you cannot adopt or enforce any land development regulation that are more burdensome or more restrictive than what was in place prior to Aug. 1, 2024.”
Augello said the state did not define “restrictive” and “more burdensome” and that will likely be argued in court.
“I don’t know if that means financially. I don’t know if that means development rights,” she said,
She said the 100-mile designation is not clearly defined either and that will also likely be argued in court.
Augello noted the new state law is scheduled to expire in October 2027 but the expiration date would be extended each time the city is in the path of a named hurricane.
“They snuck that in there,” Commissioner Dan Diggins said.
“It was debated hotly. That may be something that gets revisited in the future,” Augello said of the expiration date that could be extended annually and essentially “set in stone” all local land development regulations in place as of Aug. 1, 2024.
Augello said development regulations in place before then remain valid and new development regulations can be adopted but fact-specific staff and legal analysis will be needed to determine if the proposed regulation is more restrictive or burdensome. She said local governments can still adopt new regulations that are less restrictive and more favorable to development.
Augello said Holmes Beach has been operating under a similar hurricane-related law the Florida Legislature and the governor enacted in 2023 with the adoption of SB 250.
SB 250 says, “A county or municipality located entirely or partially within 100 miles of where either Hurricane Ian or Hurricane Nicole made landfall shall not propose or adopt any moratorium on construction, reconstruction, or redevelopment of any property damaged by Hurricane Ian or Hurricane Nicole; propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations; or propose or adopt more restrictive or burdensome procedures concerning review, approval or issuance of a site plan, development permit or development order before Oct. 1, 2024.”
“I think we move on business as usual,” Augello said. “You do what’s best for your city and then we take a look at everything that goes through and we analyze it to see if there’s a way we can support it with factual findings.”
Augello said any new development regulations adopted by the city could be challenged in court. The new regulation could not be enforced while the legal challenge plays out and the legal challenge could be initiated by anyone, even if they’re not personally impacted by the new regulation. The new state law also contains a provision for the award of attorney fees.
“If we lose, they get attorney fees. If we win, we get nothing,” Augello said.
Commissioner Carol Whitmore said she’s not in favor of joining the lawsuit. She doesn’t want the city to alienate the Florida Legislature and the city’s ability to secure state funds while Bradenton-based State Sen. Jim Boyd serves as Florida Senate president in 2026 and 2027.
Commissioner Steve Oelfke said he’s concerned about how the new state law will impact development in Manatee County, which in turn will impact the Island and the city of Holmes Beach. His concerns include protecting the water quality of the surrounding natural waters and the county’s ability to continue providing adequate water and sewage services.
“There’s a lot at the county level that affects us,” he said.
Oelfke said the potential for increased development in Manatee County should be considered when deciding if the city joins the lawsuit.
Commissioner Dan Diggins asked if the city can increase building permit fees under the new state law.
“Absolutely not,” Augello responded.
In response to another Diggins’ question, Augello said the new state law doesn’t hinder the city’s ability to regulate commercial activity on the beach or other behavioral-related concerns.
Titsworth doesn’t share Whitmore’s concern about alienating state legislators and she’s not interested in pursuing state funds if they come with retaliatory “tit for tat” strings attached.
“Attack on home rule is real,” the mayor said. “This bill is very threatening. I think it’s going to be fixed. There’s too many people up in arms. I think the developers went a little too far in getting their way and I think the pendulum will hopefully swing the other way.”
The city commission meets again on Thursday, Sept. 11, at 2 p.m., and it’s possible the SB 180 lawsuit will be discussed again.
A resident’s perspective
After watching the Aug. 26 meeting online, Holmes Beach resident Margie Motzer expressed her concerns that the new state law may be more impactful than the city attorney anticipates.
“As SB 180 was discussed at the commission meeting, I was grateful that some city officials recognized that the potential impact was being underplayed,” Motzer said. “Many experts agree that this bill is a major affront to Florida cities on multiple levels.”
Motzer said the gravity of the undercutting of local planning protections and home rule rights is outlined in the 12-page legal analysis environmental and land use attorney Richard Grosso prepared for the 1,000 Friends of Florida smart growth advocacy organization.
“I would much rather use these dollars towards a team effort than using it for some of our other city expenditures,” Motzer said of the expenses to be incurred if the city joins the lawsuit.
Grosso analysis
“The enormous breadth and scope of the law’s prohibitions on local planning and zoning authority suggests that many, even perhaps most, legislators did not understand its implications,” Grosso stated in his analysis.
“This law is unworkable, confusing and overly restrictive. It ignores the reality that major economic and population shifts, new industries or practices, natural disasters and all manner of other situations change, sometimes suddenly, requiring communities to revise their planning and regulatory approaches. But this law ties the hands of local governments, prohibiting them from reacting to the real world – which is dynamic, not static. As with the (Bert) Harris Act, the greatest impact from such legislation is frequently the chilling effect that it creates with unclear drafting and uncertainty as to meaning, so that local governments are motivated to steer far from any action that arguably triggers liability,” Grosso stated.
“Florida is widely known to be the state most at risk of hurricane damage, rising seas, unaffordable insurance and other threats of a changing world. Confoundedly, Senate Bill 180 removes our ability to meet those challenges. Our state’s economic future depends upon a repeal or substantial rewrite of this very ill-conceived law.”
BRADENTON BEACH – Drift-In bar owner Derek Williams denied filing a complaint with the Florida Department of Environmental Protection (FDEP) about the Anna Maria Oyster Bar’s (AMOB) outdoor tiki structures.
During public comment at the Sept. 4 Bradenton Beach City Commission meeting, Williams criticized City Attorney Ricinda Perry for allegedly telling someone he filed the FDEP complaint.
“I had a local merchant come to me in the last week and tell me Ms. Perry had spoken directly to the owner and the manager of the business and informed them that I had personally reported them for certain legal issues, which I’m 1,000% sure I did not do,” Williams said. “I’m a small business owner trying to do business, trying to rally businesses and be positive in this community. I really don’t appreciate it. I got direct phone calls from those people; they doubled down and verified it was Ricinda. I’m sure she won’t look me in the eye.”
“I’m absolutely happy to look you in the eye,” Perry said.
Drift-In owner Derek Williams denied the city attorney’s claim that he filed a complaint about a neighboring business. – Leslie Lake | Sun
“It’s unfortunate; and it still feels to me that big business wants to come in and push out small business. These people are all trying to do the right thing, as am I, so feel free to respond to me,” Williams said.
“This is not a back and forth. This is public comment,” Mayor John Chappie said.
“You tell me the appropriate venue for us to have a conversation,” Williams answered. “I’m used to having conversations, not having these ridiculous spats and pointing fingers back and forth. That’s unsettling to me.”
Williams left the meeting prior to the agenda item discussion about the city’s sovereign submerged land lease for the state-owned land under and around the Bradenton Beach Pier, which is adjacent to the city-owned building at 200 Bridge Street AMOB leases from the city. Earlier this year, three small tiki structures were constructed over the outdoor dining tables along the south side of AMOB’s outdoor dining area.
“I was advised that a complaint was filed with the DEP by an individual from Drift-In because of the tiki roof (at AMOB) and they wondered if the city had gone through everything they were forced to go through,” Perry said.
On June 16, FDEP sent a letter to the city which read in part: “FDEP compliance team conducted an inspection on 5/27/2025 for a (sovereign submerged land) lease renewal. It was noted that added over-water structures were seen at that inspection. Tiki hut structures were added on the docking structures and the roof structures appear to hang beyond the docking structure footprint. These structures are non-water dependent and modified without authorization. Over-water dining is demonstrated on the lease survey in a specific location as ‘Covered Eating Area.’ At the time of the inspection, over-water dining appears to be occurring outside of that area.”
FDEP requested the city remove the added structures: “Remove modifications and return to pre-existing authorized conditions and footprint. If you would like to keep modifications, you would need to apply. Please note, the activities may not be permissible due to grandfathered activities,” the letter says.
The FDEP letter also stated, “As this new structure is not within the original survey that was previously authorized, the 2020 State Lands Lease is attached for your convenience. Once it is removed, provide photo documentation of the removal and move forward with the State Lands Lease renewal. If you would like to keep modifications, you would need to apply.”
Regarding the city’s response, Perry said “We had to pay for a submerged land survey, we have to go through the application process and we have to go through a temporary use permit through the FDEP and then go to the board of trustees to resolve the little thatched roofs that Mr. (John) Horne put on the railing. I relayed that information to Mr. Horne and I just wanted you to know I have that nearly resolved. They are planning in December to take our sovereign submerged land lease before the board of trustees to get it approved. “
Perry said she will make sure the county’s Gulf Islands Ferry water taxi operations are included in the submerged land lease too: “I’ve already had these discussions to have the ability to regulate vessels that come up and use the floating dock so we have some teeth behind what we say people can and cannot do in that area. That’s all going into the application.”
Perry said a previous city commission determined that if AMOB wanted to make the improvements and something was found that violated state or local law, AMOB would incur the cost of defending that.
“Mr. Horne has made a number of calls to FDEP in Tallahassee to assist me in trying to get this moving forward, however the city is going to be out the cost of the survey, which is required,” Perry said.
Perry said AMOB should pay for the survey, or reimburse the city for those costs, according to the conditions included in the city commission’s original approval.
Regarding the submerged land lease, Commissioner Ralph Cole asked if the city would have control over commercial boats using the city docks and using that as their business address.
“I don’t think the DEP would have an issue with that because the city of Bradenton Beach would own the submerged land lease,” Perry said. “Without an individual having some kind of lease on that property, they can’t claim that as their business address.”
Vice-Mayor Deborah Scaccianoce asked for clarification on the source of the complaint to FDEP.
“Someone complained to DEP about AMOB’s tikis to see if they had to go through the same hoops that the Drift-In had to go through?” Scaccianoce asked.
Scaccianoce was referring to the Drift-In tiki hut replacement approved by former Building Official Darin Cushing after the 2024 hurricanes. That project was placed on hold on Jan. 16 when Perry told city commissioners the permit approval should not have been issued based on factors that included city-owned easements on the property and the larger size of the new tiki structure.
“That’s what started this whole adventure with the submerged land leases?” Scaccianoce asked.
“John Horne asked me how did the DEP know and where did this come from? So, I asked the question and that’s what I was told,” Perry said.
Cole said the complaint could have come from anyone.
“They specifically referenced somebody from the Drift-In,” Perry said.
“There were a lot of customers and employees of the Drift that were very upset so it could have been anyone,” Scaccianoce said.
BRADENTON – The Greg LaPensee Bowling Tournament at Bowlero in Bradenton on Sept. 6 was a fun-filled community event that raised funds for The Center of Anna Maria Island.
Holmes Beach-based LaPensee Plumbing, Pools and Air is the primary sponsor of the annual tournament that honors the late Greg LaPensee, and his father and company founder, Mike LaPensee.
Island kid Saylah Harding bowled on the kids’ lane with help from fellow Island kid Charlie Serra. – Joe Hendricks | Sun
The tournament featured teams with up to six bowlers and many teams sported costumes or matching attire.
For the first time, a team representing LaPensee rolled the highest collective one-game score, 872, to claim the top team trophy – a customized bowling pin. The winning team featured Scot Atkinson, George Babcock, Chad Schweitzer, Tara Dawson, Todd McCollum and Roland Orrbach.
Joey Newell was the top male bowler. – Joe Hendricks | Sun
Rolling an impressive 240 game, Joey Newell claimed the top male bowler trophy. Bridgette Latessa rolled a 144 to claim the top female bowler trophy and Alex Serra claimed the kids’ trophy with a 210 series.
The Lorax from Duffy’s Tavern showed up to bowl. – Joe Hendricks | Sun
A team of jellyfish-themed bowlers from Bubble Binz and Anna Maria Charters took first place in the costume contest, followed by The Minions from MG Construction and The Lorax from Duffy’s Tavern. A special Spirit Award was given to The Full Send team that bowled in honor of recently-deceased charter fishing captain Jason Stock. Awarded to the least skillful (yet still enthusiastic) bowler, The Gutter Ball Award went to Dina Franklin.
MG Construction came as The Minions. – Joe Hendricks | Sun
The fundraising efforts included a silent auction, a 50-50 raffle and raffles that included a sunset cruise for 30 passengers donated by AMI Dolphin Tours.
Joined by her daughter, Shawn Shields, her grandson, Preston LaPensee, and her daughter-in-law, Carlee LaPensee, LaPensee family matriarch Karen LaPensee said, “I’m so proud that we’re able to do this year after year. It’s a fantastic turnout, everybody has fun and I just love this community. Greg was a great bowler and Michael and I just offered our support. It’s a good fundraiser for The Center and it’s grown into something substantial.”
Shawn Shields, Preston LaPensee, Carlee LaPensee and Karen LaPensee gathered beside a photo of Greg and Mike LaPensee. – Joe Hendricks | Sun
Carlee said, “I appreciate everyone coming out and supporting The Center. We love Greg (her late husband), and Mike and I’m here in honor of them.”
The Center’s Chris Culhane, Janae Rudacille and Tyler Bekkerus helped organize the tournament. – Joe Hendricks | Sun
The Center’s executive director, Chris Culhane, said, “The O’Connor Bowling Challenge started in 1990 to support youth programs at The Center and we’re so happy LaPensee Plumbing, Pools and Air kept it going; and thanks to all the sponsors and all the bowlers. The community has been devastated over the past year and it’s amazing how the community always steps up to support The Center and each other. It’s not about The Center; it’s about our community.”
Bowlers of all skill levels participated in the fundraising tournament. - The Center/Jeff Higgins | Submitted
Clayton Gunn was part of MG Construction's Minion bowlers. - Joe Hendricks | Sun
The Pinheads bowled to support The Center. - Joe Hendricks | Sun
The Full Send team bowled in honor of the late Jason Stock. - The Center | Submitted
The School for Constructive Play preschool operates at The Center and the teachers bowled in the tournament. - Joe Hendricks | Sun
These youngsters expressed their exuberance. The Center/Jeff Higgins | Submitted
Dina Franklin won the Gutter Ball Award. - Joe Hendricks | Sun
This bowler wore a bowling pin on her head. - The Center/Jeff Higgins | Submitted
Carol Whitmore, Amanda Horne, Darcie Duncan, John Horne and Alex Harllee had a good time. - Joe Hendricks | Submitted
This team represented The Center. - Joe Hendricks | Sun
Holmes Beach City Commission candidate Jessica Patel and her husband, Dhaval, enjoyed the tournament. - Joe Hendricks | Sun
This team represented The Rotary Club of Anna Maria Island. - Joe Hendricks | Sun
The Franklin family's attire included some clever bowling-themed T-shirts. - Joe Hendricks | Sun
The silent auction included an e-bike.- Joe Hendricks | Sun
The spirit of the late, great gonzo journalist Hunter S. Thompson enjoyed a beer at the bowling alley. - Joe Hendricks | Sun
Buyers all come to the house hunting jungle with their lists of must haves and can’t stands. But when they’re looking for a waterfront property to buy, whether it’s a single-family home or a condo, it’s not unusual for buyers to focus on one thing: the boat slip.
Florida is boat crazy and it’s no wonder, being surrounded by water on all sides, offering incredible water access. Homes with available boat slips are all over the coastal communities on both sides of the Florida peninsula. Purchasing a property with an existing boat slip will generally be a higher price point, but how much higher?
Boat slips, pools, elevators and convenient beach access all add to the value and desirability of a property. However, not all buyers are willing to pay the extra money for something they may not use enough to justify. It’s a balancing act; you love the pool and spa, but is it worth $100,000 more?
True boaters will put the availability of a boat slip way before all other expensive amenities, and for good reason. Renting slips in commercial marinas are expensive and sometimes difficult to find. Deeded boat slips are sometimes available for sale and some of the larger marinas like Longboat Key Club Moorings offer slips for sale as well. But there is nothing like stepping out your sliders and getting on your boat right in your own backyard. This is the dream of every boat owner, but it comes with a price.
Again, the value of a property is based on location, condition and amenities. Properties on protected water, like canals, all have seawalls which are owned and maintained by the property owner. Replacing seawalls is a very expensive operation. Sometimes the entire wall needs to be replaced because of flooding and hurricanes; and sometimes only the cap on the wall needs replacing because of age. Either way, if you purchase property with a seawall make sure you have it inspected by an inspector who specializes in seawalls.
Most boat slips also come with adjoining decks, and sometimes boat lifts. Decks don’t last forever, especially if they were built with untreated wood; and boat lifts need occasional maintenance. These also need an inspection from someone qualified in this area and all of this needs to be done before, or at the same time, as your normal house inspection.
There are also condo communities with boat slips available. Some are deeded, some are assigned and some are rental. Keep in mind, deeded boat slips belong to the condo owner, with all the responsibilities that come with ownership. Assigned slips and rental slips belong to the association. Therefore, responsibility for maintenance belongs to them.
Those of us who are following the progress of the Seafood Shack property in Cortez that is now owned by Manatee County should take note of the most recent development. The county has been conducting community open houses to get a feel for what county residents see as the best use of this property. The original plan was to provide boat ramps and parking for vehicles and boat trailers. Apparently, some of the feedback has been not in favor of boat ramps and more in favor of parks and restaurants on the waterfront property. But it might be years before there is a finalized plan, so things can change.
When the boat slip is more important than the house, you’re leaving yourself open to potential problems. Take it from a long-time boater: salt water is the enemy of boats, seawalls and docks. Understand what you’re doing and make informed decisions.
If you don’t know about Senate Bill 180 and its implications to anglers who fish Sarasota Bay and Anna Maria Sound, let me explain. The bill prohibits counties and municipalities (including Manatee County and the three Anna Maria Island cities) from adopting new, more restrictive land use or zoning regulations, or imposing development moratoriums, within certain timeframes after a hurricane.
This applies even if the changes aren’t related to recovery from the storm, which is the original intent of the law. It becomes draconian because the new state law allows anyone to sue local governments if they violate this provision – creating a chilling effect on local planning and resilience efforts.
As mentioned, this law was originally conceived to protect homeowners affected by the twin hurricanes: Helene and Milton. The law extends the life of existing development permits, streamlines the permitting process for rebuilding, waives or reduces certain fees for like-kind reconstruction and allows temporary accommodations for displaced residents. It would also provide clarity and uniformity throughout the state so property owners and builders have foreseeable rules to rely on after disasters and it will help keep homeowners from getting bogged down in permitting or zoning delays during recovery.
Unfortunately, as the bill moved through the state legislature, additional land use restrictions placed on local governments were added. These changes prevent counties and cities from adopting new development regulations or moratoriums after a disaster (unless directly tied to recovery) and give “any person” the right to sue local governments that try to impose stricter restrictions.
The additions went well beyond the original disaster-recovery intent and shifted the law into the realm of limiting local control of overgrowth, zoning and environmental protections.
So how might that affect anglers? In the last election, Manatee County residents made it clear that the wetland protections removed by the former commissioners were not popular. That was evidenced by the voters’ removal of the county commissioners seeking reelection who voted to remove the county’s setbacks requirements that were more restrictive than those allowed by state statutes.
When the current commission recently considered voting to reinstate the more restrictive wetland setback requirements, they were threatened by the implications of Senate Bill 180 – which State Sen. Jim Boyd and State Rep. Will Robinson Jr. both voted for earlier this year.
I’ve heard from a number of sources that Manatee County developer Pat Neal may have been an influential and key figure behind the more restrictive land use provisions included in SB 180. I contacted Neal to give him a chance to respond but he did not reply.
In response to this change, a coalition of local governments that includes Manatee County, Orange County and the cities of Alachua, Deltona, Stuart, Weston, Windermere, Naples, Delray Beach and others are joining in the lawsuit that will challenge the law created by SB 180.
On Sept. 2, county commissioners voted 6-1 in favor of joining the lawsuit, with Commissioner Mike Rahn voting no. I was at the meeting and numerous citizens showed up to support the commission in joining the suit. No one spoke in opposition to joining the suit.
Political maneuvers like this hit at the very heart of the democratic process and threaten to negate the votes of citizens working to protect the environment in their region by encouraging sustainable building practices. Unfortunately, it appears that greed is attempting to prevent citizens from enacting common sense rules and regulations at the expense of future generations.
I would encourage everyone who wants to protect the integrity of our local marine environment to write letters to elected officials demanding common sense laws.
Contact Senator Boyd by email at boyd.jim.web@flsenate.gov, by letters sent to his Bradenton district office at 717 Manatee Ave. W., Suite 100, Bradenton, Fl. 34205, or by phone at 941-742-6445.
Contact Representative Robinson by email at will.robinson@flhouse.gov, by regular mail sent to his Bradenton district office at 1051 Manatee Ave. W., Suite 305, Bradenton, Fl. 34205-7801 or by phone at 6941-242-8430.
I’ll continue to update readers on the progress of the lawsuit as it unfolds.
