MANATEE COUNTY – County staff is reportedly being subjected to harassment and threats related to a proposed cruise terminal project near Rattlesnake Key.
In a Feb. 4 email distributed to media members, Manatee County Information Outreach Manager Bill Logan wrote, “There has been great interest in a proposal submitted to Manatee County outlining plans for a cruise port on the Gulf side of the Skyway Bridge. That interest has sparked robust discussion, debate and disagreement. Unfortunately, some of that disagreement has spilled over the typical settings of social media posting or petition signing.”
Logan’s email included a message from Manatee County Administrator Charlie Bishop: “Manatee County values civic engagement and respects the right of residents to express their views on matters that affect our community. It has come to my attention that multiple county employees, as well as members of their families, including children, are being subjected to harassment, threats and intimidation related to a proposed private-sector cruise terminal project in the very early stages of review.”
Bishop said no county employee should be harassed for doing their job and no child should be targeted because of where their parent works.
Bishop’s statement did not specify which employees or which departments were being subjected to “harassment and intimidation.”
Bishop also clarified the approval process for projects such as the proposed cruise port.
“As part of routine economic development operations, county staff may send preliminary letters to private-sector entities that meet basic statutory criteria indicating that a project is eligible for economic development incentive programs,” he wrote. “Consistent with Chapters 288, 163 and 125 (of) Florida Statutes, this administrative correspondence does not constitute project approval, guarantee funding or advance a project through the development review process.”
Bishop stated any proposed project must proceed through the normal development review process that includes technical review, review for code and regulation compliance and public hearings before advisory boards and the Board of County Commissioners when required.
“These processes are public and provide multiple opportu nities for community input,” Bishop stated. “County staff do not approve projects. The Board of County Commission ers is the ultimate decision-making body for discretionary land use matters.”
CORTEZ – The Florida Institute for Saltwater Heritage (FISH) has released the entertainment schedule for the 44th annual Cortez Commercial Fishing Festival.
On Saturday, Feb. 14, the live music begins at 10 a.m. with the Shanty Singers, followed by Doug Demming & the Jewel Tones at 11:30.
The 1 p.m. introduction and awards ceremony will be followed by the New College Singers and the Fishermen’s Fashion Show. At 2 p.m., The Co-Pilots will perform, followed by Jason Haram from 4:30 to 6 p.m.
On Saturday, Ron Floethe will host a book screening for his parents’ Cortez-themed illustrated book, “The Fisherman and His Boat.”
On Sunday, Feb. 15, Sycamore Shade will perform from 10 to 11:30 a.m., followed by Soul-R-Coaster from noon to 1:30.
At 1:30, there will be a crab-eating contest, followed by the Eric Von Band from 2:30 to 4:30. From 5 to 6 p.m., MOB will perform.
On both Saturday and Sunday, Dock Talks given by members of the Florida Sea Grant organization will be held at the Fulford Fish House. “Tales of Cortez,” with Allen Garner, will be told at the Miller Dock. Photo contest entries will be on display at the A.P. Bell Fish Company.
In addition to live music and educational exhibits, the festival features seafood, arts and crafts and children’s activities. The theme of this year’s festival is “Boat to Market,” reflecting the contributions of local fishermen.
Known as a “party with a purpose,” all proceeds from the festival will go back to the community and help support the restoration and conservation of the 98-acre FISH Preserve at the east end of Cortez village.
The festival will be held both days from 10 a.m. to 6 p.m. in front of Star Fish Company Market & Restaurant and the A.P. Bell Fish Company, between 123rd and 124th Street W. in Cortez. Admission is $5 and kids under 12 get in free.
FESTIVAL SIGNS
A team of volunteers gathered at the old Cortez firehouse on Saturday, Feb. 7, to paint the signs to be placed around the Cortez Commercial Fishing Festival. The signs, some whimsical, some inspirational and some featuring the festival theme, “Boat to Market,” are a tradition at the festival that this year will be held Saturday and Sunday, Feb. 14 and 15.
Steve Huber painted a sign showcasing the festival theme of “Boat to Market.” – Leslie Lake | SunCathy Smith painted a sign with this year’s festival theme, “Boat to Market.” – Leslie Lake | SunMerry Retus painted a sign that says, “Cortez was founded on mullet.” – Leslie Lake | SunThis inspirational sign will be on display at the Cortez Commercial Fishing Festival. – Leslie Lake | SunThis inspirational sign will be on display at the Cortez Commercial Fishing Festival. – Leslie Lake | Sun
MANATEE COUNTY – Manatee County Beach Patrol has been named 2025 Beach Patrol of the Year by the Florida Beach Patrol Chiefs Association (FBPCA).
The award recognition was formally presented during the Manatee County Board of County Commissioners meeting on Jan. 27.
“The award honors the division’s exceptional performance, professionalism and commitment to public safety,” says the press release that notes the county beach patrol also won the award in 2017.
Manatee County Beach Patrol serves Coquina Beach, Cortez Beach (in Bradenton Beach) and Manatee Beach.
“Throughout 2025, Manatee County Beach Patrol consistently demonstrated lifesaving excellence on and off the water. The team assisted with locating and reuniting more than 200 missing persons with their families or loved ones. Most of those cases involved children,” the press release says.
According to the press release, Manatee County Beach Patrol conducted more than 300 water rescues and responded to approximately 1,400 medical incidents. Of those responses, more than 350 were advanced life-support calls, including cardiac arrests.
In the press release, Beach Patrol and Aquatic Safety Division Chief Chet Brown said, “Every time our lifeguards do a water rescue, they put their lives on the line. I am humbled to lead this team and work alongside them every day.”
County Commissioner Tal Siddique said, “The advanced lifesaving care and certifications they maintain are on par with firefighters and EMS. It’s incredible to have that level of protection on our beaches.”
HOLMES BEACH – The city is now providing Scentral Park dog park updates at the city website, www.holmesbeachfl.org. The online updates can also be accessed using the QR code posted on the dog park gates.
This QR code is linked to the dog park update page at the city website. – City of Holmes Beach | Submitted
Public Works Director Herb Raybourn provided a dog park update during the Wednesday, Feb. 4, Parks and Beautification Committee meeting.
He said he was still waiting for the roots to take hold for the sod that was planted in a portion of the large dog area in mid-January. He said the cold weather slowed the growing process and once those roots take hold that area would be fertilized with 42-0-0 fertilizer. Later that day, City Commissioner Dan Diggins told The Sun he visited the dog park earlier in the day and when he pulled on the new sod it appeared the roots were taking hold.
The recently resodded portion of the large dog area is expected to reopen in mid-March. – Joe Hendricks | Sun
Raybourn said the dog park improvement plan originally anticipated an eight-week closure of the recently resodded area, but that timeline may have to be extended depending on how the new sod performs.
Raybourn said the second phase of the ongoing large dog area resodding will be divided into two smaller small subphases. When that happens, the portion of the large dog area that was recently resodded will be reopened and about half of the remaining large dog area will be resodded, leaving approximately 75% of the large dog area available at all times.
Raybourn said an additional bench and concrete pad will be installed in the currently active portion of the large dog area when that area is temporarily closed for resodding.
“When we go to that side, that bench will be installed,” he said.
Half of the small dog area has been resodded. – Joe Hendricks | Sun
Raybourn said about half of the small dog area has been resodded and after approximately eight weeks that resodded area will be reopened and the remaining small dog area will be resodded. He said the earliest full opening of the small dog area would be May 8, depending on how the sod takes.
“For the large dog portion of the dog park, we’re currently anticipating a March 13 opening of the new sodding area. Depending on the how the sod takes, that may get pushed back,” he said.
He said July 2 is the earliest anticipated reopening of the completely resodded large dog area
Raybourn said the issue with the drinking hydrants was determined to be a piece of the plunger that is cost-prohibitive to replace, so a timer valve will be installed to prevent the water from flowing longer than needed.
The dog park update QR code is posted on the dog park gates. – Joe Hendricks | Sun
Committee member Mary Lange noted six new palm trees had been planted at the end of the large dog area near the public works department building and the West Manatee Fire Rescue building.
Raybourn said the large dog washing area would be relocated to that end of the park and a new concrete pad will be installed in a manner that helps ensure the water flows and drains in the right direction.
Humans are notorious for changing their minds. It could be as simple as the flavor of ice cream to the color of your new car. But when you’re involved in a real estate transaction, changing your mind is a lot more serious and expensive.
A contract for the purchase of real estate, whether it’s a single-family home or a condo, is generally airtight after all the contingencies have been met. For instance, the buyer is applying for a mortgage and the seller has accepted the sale based on the buyer being approved for the mortgage stipulated in the contract.
This is usually the largest and most important contingency in a real estate contract and is the reason that sellers consider cash transactions more valuable. The buyer’s mortgage approval deadline is stated in the contract; and if it is not met, the contract is void unless the seller grants the buyer more time for approval. If this happens, it’s usually an issue of a title defect rather than financial and generally it can be resolved.
Other contingencies included in most contracts are inspections, like radon and termites. Inspections must be completed by a time certain, as stated in the contract, and if there is a failure during the inspection the buyer has the right to withdraw from the contract.
In Florida, or other states where termites are common, the seller can correct the problem and continue with the sale. However, it is not unusual for the buyer to use a minor issue in the inspection to withdraw from the contract for reasons that have nothing to do with the inspection, without even giving the seller the opportunity to correct the problem, because they just want out.
Buyers are human and are apt to change their minds right up to closing day. If a buyer wants to cancel a contract after the contingencies are satisfied, that may constitute a breach of contract, in which case the seller can return the deposit. Most contracts of sale allow the seller to retain the deposit as liquidated damages. However, it’s not uncommon for buyers go forward with litigation to recover their deposit. Obviously, settling this out of court will save both parties in the transaction stress and money.
What happens if the buyer finds a defect with the property after closing? This is probably the biggest nightmare situation for everyone, including the brokers who may not have any money at risk but will offer suggestions and try to resolve the situation in an effort to salvage their own reputation.
Property defects discovered after the closing almost always go back to a lack of disclosure. Even if sellers say they know nothing about the problem, it’s difficult for buyers to believe, and it never ends well. I’ve heard of or read about just about any situation, from animals living in the attic or basement without the previous owner knowing to roots blocking the sewer line and not being discovered by an inspector.
Appliances that die the day after closing are difficult to blame the seller for unless the buyer can prove they knew about a problem before closing. It’s also important to coordinate the on and off dates for electricity, especially in the summer when mold forms quickly and refrigerators get warm even faster. I’ve heard about personal items like expensive jewelry left in the house hidden and forgotten, and guns taped under drawers when furniture was being conveyed with the sale.
For the most part, people are honest and are not intentionally trying to kill the contract, but an abundance of honesty and careful inspections can guarantee a smooth transaction.
And don’t forget the emergency money on the top shelf of the kitchen cabinet on the day you move. That could stretch the bounds of honesty.
Fishermen are forever trying to divine the secrets of fish behavior in an attempt to fool them into taking our submissions of fur and feather, lures in a kaleidoscope of shapes and colors or live offerings of their favorite prey.
Conversations on anglers’ boats revolve around declarations like: “They should be coming into those pot holes as the tide rises,” “This cold weather will have them warming up over dark bottom,” “The action will slow down as the tide slacks” and “All we have to do is stay on this edge until an hour into the falling tide and they will pour out of the bay.”
The more time you spend on the water mindfully observing the interplay of tides, wind, weather and fish behavior, the better your chances of success. It’s the best chance we have of divining this intricate interplay of causes and conditions in an attempt to “think like a fish.”
Some anglers catalogue their experiences in their head, while others keep logs to document fish activity and others just go to spots where they’ve found fish before.
Fishing guides, whose profession centers around putting their anglers on fish, develop some of the clearest insight into the behavior of fish. They have the advantage of watching fish behavior from day to day.
While more “mindful” time on the water will improve your odds at success, the truth is that when you think you’ve hacked the secret you’ll discover it’s more complicated than you know, and really more complicated than you can know. That’s what keeps it interesting and that’s why there are so many lures, flies, lines, rods, reels and “experts” out there.
Some “truths” about fishing I’ve observed over a few decades come from friends, experience and even songs. Captain Rick Grassett coined a phrase that’s obvious but prescient: “You don’t know until you go.” Experience has shown me that you should give any spot that your intuition draws you to some time. You definitely won’t catch fish if you’re running constantly; your line needs to be in the water.
Songwriter and singer Bill Withers’ lyric, “Good things come to those who wait, but not to those who wait too late,” also resonates. We need to give any spot a chance, but we also need to realize when it’s time to relocate.
That’s what we love about fishing. Experience definitely improves your odds, but we’ll never actually “hack” the solution to finding hungry fish that are willing to accommodate our passion.
Still, never give up trying to “think like a fish.”
Speaking to a capacity crowd gathered inside the Island Branch Library’s community room on Thursday, Feb. 5, Nunez spent nearly an hour discussing artificial intelligence (AI).
Nunez said artificial intelligence has been under development for more than 50 years, though its rapid expansion into public use has occurred largely within the past five years. He referenced the origins of AI in 1950, when British scientist Alan Turing proposed what became known as the Turing Test – a concept designed to determine whether a machine could imitate human conversation well enough that a person could not tell the difference.
Nunez then shifted to modern applications, highlighting widely used AI platforms such as OpenAI ChatGPT, Google Gemini and Microsoft Copilot. He explained that these tools allow users to generate information, draft documents and complete various tasks in seconds.
The presentation addressed both the benefits and risks of artificial intelligence. Nunez discussed concerns that included copyright infringement, plagiarism and the spread of misinformation. He emphasized that AI users are responsible for verifying information generated by AI systems and they should use AI technology ethically.
The artificial intelligence lecture was well-attended. – Lance Roy | Sun
During the question-and-answer session, attendees asked about AI’s role in current news events and the challenges of identifying misinformation. Nunez reiterated that individuals must evaluate and confirm the accuracy of the information they receive.
Another audience question focused on controversies surrounding data centers that support AI systems. Nunez explained that concerns in some communities center on the high electricity and water usage required to operate the facilities.
“With artificial intelligence still new to many people, questions and research are ongoing,” Nunez said.
Friends of the Library volunteer Sue Seiter introduced featured speaker Ryan Nunez. – Lance Roy | Sun
After the discussion ended, Friends of the Library volunteer Sue Seiter thanked Nunez and encouraged attendees to return for the three remaining lectures in the eight-week lecture series.
Robert Gaglio will present his “The Other Italy” lecture on Thursday, Feb. 12. “Captain” Scott Moore will present his “50 Years on Anna Maria Island” lecture on Thursday, Feb. 19, and Westcoast Black Theatre Troupe founder Nate Jacobs will conclude the lecture series on Thursday, Feb. 26. The free lectures begin at 2 p.m. The Island Branch Library is located at 5701 Marina Drive in Holmes Beach.
BRADENTON BEACH – Retired contractor Robert Talham was appointed to serve as the next Ward 4 city commissioner.
Appointed during the Feb. 5 commission meeting, Talham will fill the commission seat vacated by Jan Vosburgh, whose 11-year tenure representing Ward 4 ended on Nov. 20.
“I think I can help the city,” Talham told the commissioners. “I’ve been a contractor for 50 years.”
Talham’s application indicated he would be out of the area from June through August and Mayor John Chappie expressed concern about Talham’s availability.
“Those three months are prior to hurricane season and also it’s budget time,” Chappie said.
“I will make myself available,” Talham said. “I escape the Florida heat in the summer and I have grandchildren up north I want to see.”
Talham said it would not be a problem for him to fly to Florida if needed and he would be available to phone in to city meetings.
“The only challenge I perceive is if there’s more than one commissioner that is missing. You cannot have more than two appear remotely,” City Attorney Erica Augello said.
Commissioner Ralph Cole made the motion to approve Talham as the Ward 4 commissioner and the motion passed unanimously.
Talham’s swearing in date will be announced by the clerk’s office.
Talham is required to take an ethics training class as well as training in public records law adherence and compliance with Florida’s Government-in-the- Sunshine Law.
“Right now, we’ll consider you as a candidate-elect,” Augello said. “Please do not talk to other commissioners about anything that could come before the city. That would be a violation of the Sunshine Law.”
HOLMES BEACH – Mainsail Lodging & Development President Joe Collier says there’s currently no deal in place to sell Manatee County a boat slip so the county can install and operate a Gulf Islands Ferry stop at Waterline Villas & Marina.
When speaking to The Sun on Feb. 6, Collier said, “The bottom line is I haven’t decided whether to sell them a slip or not. There’s no contract. There’s no agreement for purchasing a slip in our marina.”
To date, the city has not received from the county a formal proposal for a Waterline Marina ferry stop. However, it has been discussed in general and speculative terms at recent city commission meetings. And some residents who live along the canal that connects the marina basin with Anna Maria Sound and the Intracoastal Waterway have expressed opposition to a ferry stop in the marina.
“I see both sides and I understand. The ferry landing at our place has never been our idea. We’ve been trying to be accommodating to the county – and to the neighbors. I haven’t signed an agreement or sold the slip or anything. I’m just letting this all play out so I can understand where everything falls,” Collier said.
The slip, or slips, to possibly be sold to the county are located at the northern corner of the Waterline Marina basin, near Marina Drive and the Keyes Marina parking lot. The county has not submitted a site plan to the city seeking city commission approval for a ferry landing in that location if the county reaches an agreement to purchase the marina space.
If approved, the ferry stop would be located in the top left corner of the marina basin. – Google Maps | Submitted
The Gulf Islands Ferry system currently operates between the Bradenton Riverwalk Pier near downtown Bradenton and the Bradenton Beach Pier. The county now has in its possession a new and larger $3 million ferry boat that hasn’t yet been put into service. With the capacity to carry approximately 96 passengers, the new boat features an enclosed passenger area with air conditioning and heat and an outdoor seating area at the rear of the boat.
Using the new boat, county officials hope to resume ferry service between the Bradenton Riverwalk Pier and the Anna Maria City Pier after the new pier walkway is constructed and the hurricane-damaged pier reopens this fall. One, or both, of the original 49-passenger open-air pontoon boats would then be used to transport passengers to and from the other Anna Maria Island ferry stops that are expected to also include a future stop at the county-owned Coquina Boat Ramp in Bradenton Beach.
PUBLIC RECORDS
When giving general public comment during the Jan. 13 city commission meeting, Holmes Beach residents Dana Sky, Izzy Sky and Daria Grinenko shared their concerns and opposition to a Waterline ferry stop.
The marina canal provides access to Anna Maria Sound and the Intracoastal Waterway. – Joe Hendricks | Sun
Grinenko then submitted a public records request seeking copies of ferry-related text messages and emails between City Commissioner Carol Whitmore, county-affiliated Bradenton Area Convention and Visitors Bureau Executive Director Elliott Falcione, District 3 Manatee County Commissioner Tal Siddique and others.
The records Grinenko received and shared with The Sun provide a glimpse at the behind-the-scenes efforts to create a Holmes Beach ferry stop.
On June 26, Whitmore sent Collier a text message that said, “I am so trying to find a place for the water taxi to land. I have a few ideas. Just so you know, I voted against the water taxi when I was a county commissioner. I voted against it because (of) the return on investment to the county.”
In that text exchange, Whitmore asked Collier if some of the Waterline Villas rental units were operated as condominiums with a homeowners association.
“It’s an HOA but we kept 7 of the units and manage the resort,” Collier responded.
The Waterline Villas offer marina amenities too. – Joe Hendricks | Sun
In her July 10 text to Collier, Whitmore wrote, “I went to a meeting and I had four of the seven county commissioners come up to me and told me I have to find a place for the water taxi.”
In another text exchange with Collier, Whitmore wrote, “If you’re as interested as I am, ask your attorney if he wants to talk to Elliott and then we’ll start working on all that. I’m not telling anybody at the city yet and Elliott’s not telling anybody at the county until he has a one-on-one with you. This can give you guys some cash flow and definitely some visibility of your hotel. It has to be deeded as a public use. They want it bad enough, so make sure you benefit.”
In her July 24 text to Collier, Whitmore wrote, “If this works the way we think, it’s not going to cost you anything but will totally bring business to your area that normally wouldn’t come to the shopping center or your restaurant.”
When discussing those text messages, Collier said, “I don’t operate that restaurant in my hotel. Chateau is a third-party operator, a tenant. While I would love to see him do well, I’m not positive whether the ferry customers are Chateau customers. I do think the ferry would certainly be helpful to Ugly Grouper, the Freckled Fin and all those places – and to Jacob’s (Jake Spooner) place.
In his July 29 text to Whitmore, Collier wrote, “My team is going to present a pro and con summary for me so we can present to unit owners and see if I can get approved for you.”
In his July 31 text to Whitmore, Collier wrote, “OK, we are going to help make this happen. We need to work on our list of asks and what about Judy T?”
Collier was referencing Holmes Beach Mayor Judy Titsworth.
In response, Whitmore wrote, “Last time I spoke to her at a commission meeting all the commissioners said that they will wait for the county to present them something.”
When discussing that text exchange, Collier said he doesn’t know what the city will ask of the county to accommodate ferry passengers boarding and disembarking near Marina Drive.
“You can’t just dump people off. Is there a structure on the street to receive them? Is there a landing place?” he said.
Collier said he still doesn’t know how the mayor and the other city commissioners feel about a ferry stop in the marina.
The mayor and other commissioners have not publicly stated their positions on a Waterline ferry stop because the county hasn’t presented the city with a proposed site plan.
“If she doesn’t want it, you’re fighting city hall,” Collier said.
“Why don’t they try it for 30 days and see if it creates a big problem or it’s a nuisance. They could at least put their toe in the water,” he suggested.
The county-owned Kingfish Boat Ramp near the entrance to the city has also been previously mentioned as a potential ferry stop location, but that location doesn’t provide the same walkability to nearby restaurants, retail businesses and other destinations as the Waterline Marina location. A Kingfish Boat Ramp ferry landing would also require a city commission-approved site plan.
On Sept. 26, Whitmore sent a text to Falcione that said, “I brought up the taxi service at the commissioner meeting yesterday. As you know, Tal had told the mayor and the chief that there would never be a taxi service at Kingfish.”
On Nov. 12, Whitmore sent an email to Manatee County Property Acquisition Division Deputy Director Charles Meador that said, “Are you overseeing the water taxi landing site in Holmes Beach? If so, I will push whatever you need on the city end.”
In his response, Meador stated county staff members Peter Morrow and Tim Cristello were taking the lead on that effort.
“From what I understand, the framework has largely been agreed upon. The county began working on the contractual components today. This remains a top priority for the county as well,” Meador wrote.
On Jan. 4, Falcione sent an email to Whitmore that said, “We are working with our project manager, Jeff Anthony, on the details for the site plan approval. As soon as we get the Holmes Beach requirements approved by your city, then Charles and team will help us purchase the slip.”
Regarding the county’s ongoing acquisition efforts, Collier said, “I was open to the idea, and I was trying to help the county on this deal, but I never received a contract or an offer. They were doing the appraisal so they could get an offer. Then I started getting calls from the neighbors, so I reached out to Elliott over the holidays and I told him the neighbors don’t want this thing. I’m not sure I want to do this.
“I think it’s a little bit of a tempest in the teapot. I think Carol, to her credit, was trying to lay the groundwork for something that she thought was important. There’s nothing nefarious going on. If there was going to be a transaction for the slip, it was going to be a very simple sales transaction and I was going to sell them two docks out there on the corner and that was the end of it for me. I had questions along the way about where the people were going to go and what the landing was going to look like. I thought they were doing a lot of legwork on that, to figure that out before this thing was going to go any further,” Collier said.
BRADENTON BEACH – Five months after former City Attorney Ricinda Perry retired, the city seeks the return of all public records still in her possession.
When Perry retired on Sept. 18, she turned over three binders of city documents, but the city does not believe that represents the full production of all public records in her possession.
“There was the demand to the former city attorney for public records,” City Attorney Erica Augello said during the Feb. 5 city commission meeting. “Under statute, she was required to do it upon resignation. After the demand, she was required to do it within 10 business days.”
City Attorney Erica Augello discussed the demand for the return of public records from former city attorney Ricinda Perry. – Leslie Lake | Sun
Augello said she believes Perry is amenable to returning the public records to the city, but she is apparently working to determine what constitutes a public record.
“She was doing a lot of business from her personal accounts, which does not make them not public record,” Augello said. “I have a phone call scheduled with her tomorrow (Feb. 6). Hopefully, we can come up with a reasonable time. If not, then I will be back before you to see what we need to do next. It might just be we need to file an action in court, which has an attorney’s fees provision in it, to compel the return of those records from a public official because those are rightfully belonging to the city.”
DEMAND LETTER
On Jan. 12, Augello sent Perry a formal demand letter which stated, in part, “This letter serves as a formal demand for the immediate return and production of all records in your possession, custody or control that constitute public records of the city of Bradenton Beach. As you are aware, Florida’s Public Records Act defines ‘public records’ broadly, including, but not limited to, all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software or other material regardless of physical form, characteristics or means of transmission made or received in connection with the transaction of official business.”
Augello’s letter further stated the demand includes all public records, whether maintained on personal or professional devices, accounts or platforms, including, but not limited to, emails (including attachments), text messages, messaging applications, voicemails, electronic documents, drafts, memoranda, notes and correspondence, hard copy documents and files, cloud-based storage records, records maintained on personal computers, mobile phones, tablets or external storage devices and communications with city consultants, vendors or members of the public relating to city business.
“Please return all such public records within 15 calendar days, from the date of this letter to the city clerk. Please be advised that failure or refusal to comply with the Public Records Act may subject you to statutory consequences, including but not limited to civil and criminal penalties and potential referral to the Florida Bar and the Florida Commission on Ethics,” Augello’s letter stated.
PERRY’S RESPONSE
“I intend to cooperate in good faith to ensure that any city public records not already in the city’s possession, custody or control are appropriately returned,” Perry stated in her Jan. 21 letter to Augello.
She noted that prior to resigning, she presented three binders of relevant work, communications and draft documents to the city.
“Your demand, as written, presents two threshold issues that must be addressed before any meaningful production can occur: (1) the letter’s arbitrary 15-day deadline and (2) the scope of the request,” Perry wrote.
Perry stated any good faith retrieval and return process requires a reasonable amount of time to identify records, segregate city records from non-city records and ensure records are returned without disclosure of non-responsive or personal materials.
“Accordingly, to the extent the city expects my office to perform extensive search, retrieval, compilation and production efforts responsive to this demand, the city will be assessed a special service charge as authorized by section 119.07(4)(d), Florida Statutes,” Perry wrote. “Before undertaking any unusually time-intensive collection and production work, I will provide a written estimate of the anticipated special service charge and will require written confirmation that the city agrees to pay that charge.”
Perry said she has retained paralegal Michael Barfield, of Denovo Law Services, to assist in the production of materials. She directed future communications be sent to Barfield.
AUGELLO’S RESPONSE
Augello said she reviewed the three binders Perry referenced in her letter and sent the following response to Perry on Jan. 30: “The contents of these binders is not consistent with the breadth of this definition (by statute),” Augello wrote, noting that the binder contents do not include emails, text messages or notes.
Augello’s letter also stated Perry has a statutory obligation to return all public records to the city.
“Under the law, you were required to deliver them to the city within the 10 days allotted in the statute. At this point, you unlawfully possess public records, as you have admitted in your response that you have such public records in your care, custody and control,” Augello wrote. “I would suggest you either seek the advice of counsel on this matter or return the public records in your possession immediately.”
Augello stated Perry is responsible for returning all public records regardless of the scope or burden. She also stated the city will not be paying any records retrieval fees and Perry does not have the authority to charge such fees.
“I think you have misconstrued the demand for the return of public records to the agency to which they belong with a request for public records to an agency which maintains such records,” Augello wrote. “The city is demanding you, as former city attorney, return the records in your possession that belong in its possession as public records, as is required by Florida law.”
Augello closed her letter by stating, “The city demands that you return the public records immediately. Absent such production, the city is prepared to avail itself of all available legal remedies. Please govern yourself accordingly.”
Following her Feb. 6 phone call to Perry, Augello sent The Sun an email that said, “She was very accommodating and reasonable. She indicated she has many records but needs to review them to determine if they are public records.”
BRADENTON BEACH – The Bradenton Beach City Commission approved a major development application for the construction of a two-story, 15-room hotel on the Bungalow Beach Resort property at 2000 and 2014 Gulf Drive N.
“This is a major development application and a letter of no objection within the R-3 (multi-family dwelling) district,” City Planner Luis Serna told the commission during the quasi-judicial public hearing held on Feb. 5. “The applicants are proposing to redevelop a resort that was destroyed during the 2024 hurricanes. The site previously contained a 15-room bedroom resort with multiple ground-level bungalows.”
After much discussion during the hearing, the commission removed a parking restriction recommended in January by the planning and zoning board.
The planning and zoning board’s recommended restriction stated, “Parking shall be limited to use by employees and overnight guests of the resort of the site. No other parking by non-overnight guests shall be permitted without prior approval of a special permit, in accordance with the land development code.”
Commissioner Ralph Cole, Mayor John Chappie, Commissioner Scott Bear, City Attorney Erica Augello and Commissioner Debbie Scaccianoce (participating by phone) conducted a public hearing for the major development application. – Leslie Lake | Sun
Bungalow Beach owner Gayle Luper spoke during the hearing.
“To say this process has been stressful is an understatement. Having to dispute my own city government after losing 82% of my resort units to hurricanes is something I thought I’d never have to face,” she said.
“For the last year and a half, since the hurricanes, my rebuild has been blocked, delayed and slow walked at almost every stage,” Luper said. “Requirements have been shifted and new interpretations are being introduced. There has been a pattern of obstruction that has severely harmed my business and undermined my ability to recover.”
Luper said the financial impact to her business exceeds approximately $5 million and includes the loss of rental income, interest payments, ongoing taxes and insurance, professional fees, attorney fees, loss of increased valuation of the project and general increased costs, including construction.
“That number does not include the value of my time or the huge emotional toll for the potential guests that no longer book with us because they’re uncertain if we will ever open,” Luper said.
When addressing the recommended parking restrictions that were later eliminated during that day’s hearing, Luper said the parking restrictions that allow only employees and overnight guests greatly reduced the property value.
“Imagine going home tonight and being told you, your spouse or significant other could not park in your own driveway,” Luper said. “There’s no street parking. Your family or friends cannot visit. Vendors, maintenance workers or even any potential rental guests are not allowed to park at your house. Even if someone wants to buy your property in the future, they can’t park on your property to inspect your property.”
The planning board’s recommended parking restrictions were eliminated from the plan approvals, but the restriction on paid, non-guest, beach parking remains in place.
Luper estimated the loss in value over the next decade could easily reach between $20 million and $44 million.
She requested the city approve the major development project and issue a letter of no objection.
“We ask that you strike the parking condition that imposes operational restrictions,” Luper said. “I previously accepted the planning and zoning (board) recommendation only because I had no choice if I wanted to survive financially. This condition exceeds code, creates unequal treatment and interferes with lawful use of our property.”
Luper has maintained that she has the right to sell resort passes to allow daily use of the beach and resort amenities.
Commissioner Scott Bear expressed concern about resort passes.
In response, City Attorney Erica Augello said, “Day trippers, beachgoers or paid parking – anything other than parking used for this particular site – would be prohibited unless they come back and ask for it. If they want to have day trips, that’s a separate use that they’ll have to come back to the city and ask for it.”
Luper stated it was not her intent to charge for any resort passes.
“All I want to do is get back to running my business,” she said.
The commission unanimously approved two motions read by Serna. The first motion was to grant approval for the 15-unit hotel, with the parking condition removed. The second motion was to recommend the city submit a letter of no objection.
Trout and redfish should be good shallow water options this month. You may also find trout along with blues, Spanish mackerel, pompano and flounder on deep grass flats. Look for sheepshead, flounder, reds and more around docks. Catch-and-release night snook fishing around lighted docks in the Intracoastal Waterway (ICW) may be a good option if the weather isn’t too cold.
Since snook are temperature sensitive, I won’t target them following strong fronts when water temperatures dip below 60 degrees. However, I have had some great night trips catching and releasing snook on flies in the ICW at night this time of year. Since larger baitfish aren’t that plentiful this time of year, snook will gorge themselves on glass minnows and shrimp. Small white flies, like my Grassett Snook Minnow, DOA Shrimp (3” or 2-3/4”), DOA Tiny TerrorEyz or CAL Jigs with shad tails and jerk worms will all work well.
You may also find snook in rivers, creeks or canals this month. Fishing may be good in these areas on a blustery day when it isn’t fit to fish anywhere else. I like wider profile flies and lures in these areas due to the baitfish that may be found there. Fly anglers should score with wide profile baitfish patterns, such as Lefty’s Deceiver, fished on a sink tip fly line. Spin anglers should do well with CAL jigs and 4” swim baits and jerk worms, DOA Baitbusters or suspending plugs. Fish the deep spots, usually on outside bends, for the best action.
You might find reds in potholes or along the edges of bars and shallow flats when the tide is low. As the tide rises, they will feed higher on shallow flats, particularly on sunny afternoons. I like 1/16-ounce CAL jigs with shad tails or jerk worms for reds in shallow water. If it is too shallow or grassy to fish an exposed hook, a Mustad or Owner weedless hook will allow you to fish plastic baits in these areas. Fly anglers should score with lightly weighted flies, like Clousers or my Grassett Flats Minnow, with weed guards on floating lines with 10’-12’ leaders.
You may also find big trout in skinny water in the same places you find reds. The same lures, flies and techniques that you use to target reds will work for big trout in those areas. Spotted Seatrout regulations have changed in southwest Florida to a three-fish-per-person bag limit and a six-fish boat limit. Trout must be from 15 inches to 19 inches, with one allowed per vessel over 19 inches.
I release all over slot trout since they are usually females and I feel they are important to the health of our trout fishery. Full regulations and details for all species can be viewed at myfwc.com.
You’ll also find trout on deep grass flats. I like flats that have a good mix of grass and sand and good tidal flow. Flats that are close to passes are often good choices since water temperatures may be warmer there. Following fronts, silted up water will cover deep grass flats close to passes, often affecting fishing in those areas. Other good grass flats may be on points or around bars. I like to drift and cast ahead of my drift with CAL jigs and a variety of plastic tails, DOA Deadly Combos or weighted flies on sink tip fly lines to locate trout. Once you’ve located them, you can shorten your drift or anchor on them.
In addition to trout, you may also find blues, Spanish mackerel, flounder or pompano –depending on water temperature and conditions – on deep grass flats. The technique to find them is the same as for trout, although there may be other clues.
Pompano may “skip” on the surface when you drift or run past them, giving their presence away. When that happens, set up a drift upwind of where you saw a pompano and cast ahead of your drift. Blues and Spanish mackerel may force bait out of the water or feed on the surface. You may need to add heavy fluorocarbon or wire when blues and mackerel are mixed with trout on deep grass flats.
Fishing docks are another good option this time of year, especially when the tide is low. You might find reds, sheepshead or flounder under docks. I like docks that are deep (three feet or more) and have a good tidal flow.
Fish the end of long piers to find the deepest water. Also, look for big boats moored on docks or on boat lifts, which is also an indication of deeper water.
Older docks with lots of barnacle and oyster growth usually hold more baitfish and predators.
I like CAL jigs with shad tails, grubs or jerk worms or weighted flies fished on sink tip fly lines when fishing docks. Be sure to let your jig or fly get down close to the bottom.
There may be some action in the coastal gulf by the end of the month with Spanish mackerel and cobia. When the water warms to the high 60’s to low 70’s, these fish will move into our area from the south as they migrate north.
Look for Spanish mackerel on the surface or in passes. Cobia may be swimming on the surface, around buoys, channel markers and crab trap floats or over structure. Tripletail may also be an option during warmups in the coastal gulf.
February can be a tough month to fish. With frequent fronts and cool water, fish aren’t always in an eating mood. If you’re able to pick good tides, combined with favorable weather conditions, you should be successful. If you don’t have that luxury, you might do better by sleeping in and fishing later in the day when it’s warmer.
Our natural resources are under constant pressure from red tides fueled by industrial, agricultural and residential runoff, toxic spills and discharges, freezes, increasing fishing pressure and habitat loss and degradation, so please limit your kill, don’t kill your limit!
HOLMES BEACH – Oregon resident Marina Hovious has been named to succeed Stacey Johnston as Holmes Beach’s next city clerk when Johnston retires on March 6.
Since April 2018, Hovious has served as the board clerk for the Multnomah County Board of County Commissioners in Portland. Before that, she served for eight years as the assistant board clerk.
With Mayor Judy Titsworth absent during the city commission’s Jan. 27 meeting, the Holmes Beach city commissioners unanimously approved the mayor’s recommended hiring.
Hovious will become the new city clerk effective March 7 and her first full work week with the city begins on Monday, March 9.
During the Jan. 27 meeting, it was noted that four of the five commissioners conducted Zoom interviews with Hovious after the mayor deemed Hovious as her first choice.
It was noted that Titsworth also interviewed additional candidates, including current Deputy City Clerk and Records Manager Michelle Lowe.
Regarding his Zoom interview with Hovious, Commissioner Terry Schaefer said he was very impressed with her and her credentials. He also said he hopes Lowe continues in her current position with the city.
Commissioners Dan Diggins and Carol Whitmore expressed similar views and Whitmore noted Hovious already has family members living in Lakewood Ranch.
When contacted later in the week by email, Hovious said, “I’m excited for the opportunity to serve the city of Holmes Beach and be closer to family.”
CORTEZ – The 44th annual Cortez Commercial Fishing Festival will be held Saturday, Feb. 14, and Sunday, Feb. 15.
The annual festival is a celebration of the cultural history of Cortez – one of the last true working fishing villages in Florida.
“The village of Cortez and the Florida Institute for Saltwater Heritage (FISH) welcome the public back to the shores of Sarasota Bay for the Cortez Commercial Fishing Festival,” said the press release issued by FISH media contact Angela Collins.
Known as a “party with a purpose,” the proceeds from the festival will go back to the community and help support the restoration and conservation of the FISH Preserve. The preserve is located on 98 acres of coastal habitat on the east end of Cortez village and is the last large stretch of undeveloped land on Sarasota Bay.
This year’s theme, “Boat to Market,” recognizes the Cortez fishermen who bring fresh seafood from their boats to local markets.
“FISH invites you to come out to celebrate a real working waterfront community dedicated to preserving their fishing way of life. Soak in the sunshine along Sarasota Bay while you boogie to live local music, browse aisles of original local artwork and nautical crafts, sip cold beverages and sample some tasty seafood,” Collins wrote.
The festival will feature the “Dock Talks” educational talks given by members of the University of Florida’s Florida Sea Grant program.
“Working waterfronts are critical to Florida’s seafood economy and convey a sense of tradition and purpose that is hard to compare. Development, population growth and shifting priorities have contributed to the decline and disappearance of many fishing villages, but Cortez has survived the changing tides and remains a true vestige of old Florida,” Collins wrote.
“The Cortez Commercial Fishing Festival was organized to share the importance of local seafood production with the public. Cortez was settled in the 1800s by families lured by the bountiful marine resources in our region and many of those original families’ namesake still live in the village today,” Collins wrote. “If you are eating wild-caught Florida seafood, there is a very strong chance that it crossed the docks of Cortez.”
The festival will be held both days from 10 a.m. to 6 p.m. in front of Starfish Company and the A.P. Bell Fish Company, between 123rd Street W. and 124th Street W. in Cortez. Admission is $5 and free for kids under 12.
