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Tag: Anna Maria City Pier

Pier lease negotiations remain in flux

Pier lease negotiations remain in flux

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – City Pier tenant Mario Schoenfelder has rejected Mayor Dan Murphy’s proposed rental rates for the new pier-based restaurant and bait shop currently under construction.

On Sept. 30, Murphy emailed Schoenfelder two options for a new 10-year lease with two five-year extensions. Option 1 proposes a base rent of $21,600 per month, with either a 3% annual increase or an annual adjustment based on the Consumer Price Index (CPI). Option 2 proposes a base rent of $18,900 per month, a $250,000 up-front payment due upon signing and the same annual 3% increase or CPI adjustment.

Neither base rent option includes the still-undetermined additional rent the tenant will pay for the shared maintenance of the new pier facilities.

On Oct. 4, Schoenfelder sent Murphy an email response that said, “I am sorry, but neither a base rent of $21,600 nor of $18,900 is acceptable for me. Amounts like this would eat up almost my whole expected income and there would be absolutely no room to build financial reserves, which are a must.”

Schoenfelder’s email referenced the lease agreement the Anna Maria Oyster Bar (AMOB) has with the city of Bradenton Beach for the restaurant space at the foot of the Bridge Street Pier. His calculations also took into account two additional spaces AMOB leases from the city and subleases to other tenants.

“You are asking for $259,200/$226,800, that is three to four times the AMOB rent and both restaurants are comparable in size/number of seats. And that’s just the base rent. I am referring to my offer which is $12,000 monthly that is still more than twice what AMOB pays. It does not make sense, at least for me, to offer a rent that cannot be realized by sufficient revenue and income on a sustained basis,” Schoenfelder wrote.

According to the 2015 lease, AMOB agreed to pay the city of Bradenton Beach $32,000 in base rent for the first year, plus 2% of gross revenues. In years two through five, the base rent is $42,000 ($3,500 per month), plus 2% of gross revenues. In 2021, AMOB’s annual base rent will begin increasing by 3% per year.

Current lease

In 2000, Schoenfelder signed the pier lease that required him to pay an initial base rent of $5,000 per month and included pre-determined rent increases every two or three years.

According to that lease, Schoenfelder was paying $9,240 per month in September 2017 when the hurricane-damaged pier and pier buildings were closed. Schoenfelder’s rent payments were then suspended and remain suspended until the new pier facilities are available.

Schoenfelder’s current lease calls for him to pay $10,080 per month from Dec. 16, 2018, until Dec. 15, 2020, when his lease expires.

Murphy recently told the commission he expects the exterior shells of the new bait shop and restaurant buildings to be completed by Mason Martin Builders in January or early February, with the interior build-out of those spaces to follow.

If Schoenfelder and the city cannot agree to a new lease, this could create a potential scenario in which the pier buildings would be available for interior build-out by a tenant who would only have 10 months remaining on his existing lease.

Additional concerns

On Oct. 16, 17 and 18, Murphy and Schoenfelder participated in an email exchange that addressed Schoenfelder’s desire to use a contractor other than Mason Martin Builders for the interior build-outs.

In that exchange, Schoenfelder suggested he was being forced to use the city’s chosen contractor. Murphy countered by stating that Mason Martin is contracted to build the exterior building shells and is not contracted to do the interior build-outs. Both men agreed that using a different contractor for the interior build-out could result in at least four more weeks of additional delays.

In his Oct. 17 email to Murphy, Schoenfelder wrote, “I don’t want to be pushed to make an offer that is not based on reliable facts and I don’t want to be made accountable for the delay created by a contractor the city has chosen. At this point, I cannot provide a new date for presenting my offer.”

In his Oct. 18 response, Murphy wrote, “I strongly recommend that you secure other contractor (or contractors) immediately to provide their estimates as to the costs involved so that you are comfortable with the financials. Accordingly, I would recommend you plan to tender your final offer in eight weeks, by December 13.”

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Construction begins on pier buildings

Construction begins on pier buildings

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – The construction of the new Anna Maria City Pier bait shop began this week with Mason Martin Builders erecting the first bait shop wall on Tuesday, Oct. 8.

On Thursday, Oct. 10, Mayor Dan Murphy provided the city commission with an update that included photographs of the new bait shop being built on the new pier’s T-end.

Construction of Anna Maria City Pier buildings begins
The first bait shop walls went up on Tuesday, Oct. 8. – Scott Moore | Submitted

Murphy said he, Public Works Manager Dean Jones and Building Official Luke Curtis took a tour of the pier earlier that day and the construction of the new restaurant building had not yet begun.

“We’re making some great progress. This building is really sound, it’s over-engineered. When I compare to what we saw with the old pier, this is really something. It’s a monument to stability,” he said.

Construction of Anna Maria City Pier buildings begins
The new bait shop is now under construction. – City of Anna Maria | Submitted

When asked, Murphy said the installation of the pier decking should be completed in early November, including the section of the pier damaged by the Sept. 10 barge accident involving i+iconSoutheast’s construction barge.

Murphy said Mason Martin Builders will install the Ipe decking at the T-end of the pier.

Cleaning and oversight

Commissioner Doug Copeland commented on the bird droppings visible on the pier decking in one of the photos and asked how the city plans to deal with that issue once the pier is finished and opened to the public.

Commissioner Dale Woodland noted the city of Bradenton Beach pressure-washes its pier on a regular basis, once a week.

“It’s an issue,” Murphy said, noting that pressure-washing was already scheduled for the current week and the following week.

He also predicted there will be fewer birds on the pier once the public is using it again.

“The wood is so beautiful. When we finally open it, I want people to be able to appreciate that beautiful wood that we chose to build this pier. It’s so impressive,” Murphy said of the Ipe hardwood decking.

Construction of Anna Maria City Pier buildings begins
Mayor Dan Murphy is already formulating plans on how to keep the new pier clean and well-maintained. – City of Anna Maria | Submitted

The mayor then presented the commission with an idea for future consideration – the creation of a pier oversight board that would include a mix of city residents and perhaps others who possess expertise in finance, development and other skills related to the oversight of a city-owned pier.

“They would advise the commission on maintaining the viability of the pier and taking care of it on a continuing basis,” Murphy said, noting that other cities utilize similar advisory boards.

“The pier is probably the single biggest asset this city owns. If you include the land and the buildings and everything else, you’re probably looking at about $12 million. That’s a huge asset,” Murphy said.

Murphy said he would present the commission with a more formal proposal early next year.

Taking into account the delays caused in September by the potential approach of Hurricane Dorian and then the barge accident, Murphy recently estimated the pier walkway and T-end decking would be open to the public in late January or early February. He anticipates the pier being open to the public while the interior buildout of the restaurant and bait shop continues toward completion.

Pier lease update

Murphy also provided the commission with an update on his ongoing pier lease discussions with current pier tenant Mario Schoenfelder. Schoenfelder’s current lease expires in December 2020 and he has expressed interest in a new long-term lease that would maintain his previous pier-based bait shop and restaurant operations.

“I met with Mr. Schoenfelder this week. We had a very cordial meeting, exchanging information back and forth,” Murphy said.

“Mr. Schoenfelder is going to provide us with his take on rent by next week. When I have that in hand, I would like to ask you for an emergency meeting so that we could consider it. I don’t think it’s a good idea to keep this lease situation open for a lengthy period of time. We’re at a critical point. Based upon what Mr. Schoenfelder’s offer might be, I think it would be good that we consider it as quickly as possible. As soon as I get that information, I will send that to you and then ask the chair to consider having an emergency meeting so we can discuss it and vote on whether it’s acceptable or not,” Murphy said.

Murphy and Schoenfelder have also recently discussed the possibility of the city leasing him designated parking spaces at and near the pier. They have also discussed the shared maintenance of the pier facilities and the tenant’s insurance and property tax responsibilities.

Pier repairs resume

Pier repairs resume

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – The i+iconSoutheast construction crane has returned to the Anna Maria City Pier construction site and repairs to the accident-damaged pier resumed late last week.

The barge upon which the crane sits crashed into the pier walkway on Tuesday, Sept. 10. The accident damaged the pier walkway about two-thirds of the way out.

Two concrete pilings damaged in the accident were removed on Sept. 19 so new pilings could be driven in their place.

On Sept 20, i+iconSoutheast Project Director Paul Johnson told Mayor Dan Murphy a damaged boom line was discovered on the crane. The crane was then demobilized and repaired. It returned to the pier construction site on Thursday, Sept. 26.

During the Sept. 26 city commission meeting, Murphy said he expected the new pilings to be driven the following day. He also said he was told the construction crew would be working on Saturday as well.

“Once the piles are driven, the beam has to be put on top and then they have to do the stringer work and then the conduits,” Murphy said of the repairs to be made. “The downside of this accident is we’re unable to start the construction on the restaurant and the bait shop.”

Murphy said those construction materials have been delivered to the pier’s T-end, but the construction of the new restaurant and bait shop cannot begin until the breach in the damaged pier walkway is repaired.

Murphy said the barge accident and subsequent repairs will push back the originally anticipated late December-early January pier opening.

“I would estimate late January, early February for an opening date of the shell of the pier, where people can return to the pier, fish and things of that nature. That would be the earliest date,” Murphy said.

It was stated at a previous meeting that the interior buildout of the restaurant and bait shop can take place while the completed pier walkway and T-end decking are open to the public.

Pier lease update

During last week’s meeting, Murphy told the commission that he and commission candidate Mark Short – a retired certified public accountant – recently spent time together exploring options on the amount of rent to be charged for the lease of the new city pier.

“The numbers have to be fine-tuned. We’re close,” Murphy said.

Murphy said he planned to communicate that information to current pier tenant Mario Schoenfelder within five days. Murphy said it would be premature to disclose the proposed rent figures discussed, but he expects to provide the commission with that information soon.

Schoenfelder hopes to enter into a new long-term lease with the city and maintain his presence on the city pier that began in 2000. Murphy and Schoenfelder recently exchanged emails in which they discussed parking considerations and insurance responsibilities for the city’s pier tenant.

Schoenfelder estimated he will have 100 to 115 seats inside and outside of the new restaurant and bait shop and he needs to know how many pier parking spaces the city will lease to its pier tenant. He also asked whether the city would consider installing some form of gated parking to restrict the use of those designated parking spaces.

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Barge strikes new Anna Maria City Pier

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City Pier repairs temporarily delayed

City Pier repairs temporarily delayed

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – A damaged boom line on i+iconSoutheast’s barge-mounted crane has delayed the repairs to the new Anna Maria City Pier.

The repairs are required in the wake of the construction company barge crashing into the pier walkway on Tuesday, Sept. 10.

On Friday, Sept 20, i+iconSoutheast Project Director Paul Johnson informed Anna Maria Mayor Dan Murphy of the latest delay.

“During the crane inspection a damaged section of boom line was discovered. The crane and barge will be demobilized to have new boom line installed on Saturday at an offsite location with the goal of getting back to Anna Maria on Monday. We will then continue with the repairs,” Johnson stated in his email to Murphy.

On Sept. 16, Murphy emailed city commissioners a copy of the preliminary report submitted by the scuba team that conducted an underwater inspection of the damage caused by the barge accident. Murphy’s email noted the divers’ report indicated the underwater damage was limited to the two pier pilings previously identified.

The damaged pilings were removed on Thursday, Sept. 19. The new pilings will be installed after the crane repairs are completed and the crane is back in place. Murphy said once the new pilings are driven, the damaged support beam, stringers and utility conduits can then be replaced.

City Pier repairs temporarily delayed
These damaged pier pilings were removed on Thursday, Sept. 19. – City of Anna Maria | Submitted

Murphy said Mason Martin Builders’ construction of the new restaurant, bait shop and restrooms at the pier’s T-end remains on hold until the breech in the pier walkway is repaired.

Murphy said he and Mason Martin Builders’ owner Frank Agnelli agree that it would not be safe to have his employees working out on the T-end without the pier walkway being fully accessible in the event of an injury or emergency.

“Every day that ticks along is delaying the grand opening,” Murphy said of the anticipated pier opening in early 2020.

Barge damages new Anna Maria City Pier

Barge strikes new Anna Maria City Pier

Written by Joe Hendricks on . Posted in Anna Maria, Community News, Featured.

ANNA MARIA – An i+iconSoutheast construction barge struck and damaged the new Anna Maria City Pier this afternoon.

Anna Maria Mayor Dan Murphy said the accident occurred between 2:30 p.m. and 3 p.m. The barge struck the southeast side of the pier, about two-thirds of the way out.

The degree of damage and the anticipated delays to the pier construction timetable were still being assessed as of late afternoon.

I+iconSoutheast is the marine construction company building the new pier structure, walkway and T-end decking.

Barge damages new Anna Maria City Pier
This i+iconSoutheast barge ran into the new Anna Maria City Pier this afternoon. – Cindy Lane | Sun

“The icon barge was trying to tie up for the night. He was going to go early tomorrow morning to the Kingfish boat ramp to start loading materials to take out there,” Murphy said.

“He came in a little bit too hot and he rammed into the pier. He broke or pushed off two pilings and one of the top beams – the bent frames that go there. He messed up the stringers there and bent the conduits out of shape. It’s about 15 to 20 feet of damage and those two pilings will have to be replaced. The beam looks like it’s OK and we’ll probably be able to save that. A couple stringers will have to be replaced,” Murphy explained.

Barge damages new Anna Maria City Pier
Mayor Dan Murphy said scuba divers may be needed to fully assess the pier damage. – City of Anna Maria | Submitted

“The Coast Guard is investigating the accident, as well as the Manatee County Sheriff’s Office. I don’t yet have the extent of the damage. I don’t know the amount of delay this is going to create or whether it’s going to be a long delay or a short delay. I went out there and looked at it and a lot depends upon the structural damage that I couldn’t see. I need to have divers or somebody else take a look at this,” Murphy said.

Murphy said i+iconSoutheast is responsible for the damage and the repairs required.

Barge damages new Anna Maria City Pier
Tuesday’s barge accident bent the pier structure that must now be repaired. – City of Anna Maria | Submitted

The pier project recently incurred some unanticipated delays because of precautionary measures taken due to the possible arrival of Hurricane Dorian. Those storm-related delays resulted in i+iconSoutheast’s anticipated early September completion date likely being pushed back a couple more weeks.

Mason Martin Builders will soon start building the new restaurant, bait shop and restrooms at the new pier’s T-end. Those construction materials were scheduled to be delivered to the pier by barge this coming weekend.

Murphy said it was not yet known if today’s accident would impact those weekend activities or the commencement of the construction of the T-end buildings.

Barge damages new Anna Maria City Pier
It is not yet known what impact Tuesday’s accident will have on the construction completion timetable. – Cindy Lane | Sun

Commission clarifies pier lease parameters

Commission clarifies pier lease parameters

Written by Joe Hendricks on . Posted in Anna Maria, Community News, Featured.

ANNA MARIA – Mayor Dan Murphy and the city commission have established which portions of the new Anna Maria City Pier will be leased to the current and/or future pier tenant.

On Thursday, Aug. 22, the commission unanimously agreed the city will only lease the new restaurant and bait shop buildings to current pier tenant Mario Schoenfelder – or to a new tenant if a new long-term lease can’t be negotiated with Schoenfelder.

The commission decided the pier’s T-end bathrooms and the T-end decking will be common area shared by the city and its tenant. A contracted property management company will maintain the new pier and the maintenance costs for the shared common areas will be shared by the city and the pier tenant on a pro-rated basis.

The commission also decided the new pier lease will be a triple-net lease that requires the tenant to pay rent, share maintenance costs and pay the insurance and taxes on the leased premises.

On Friday, Mayor Dan Murphy sent Schoenfelder a letter regarding the commission decisions. Schoenfelder has until Sept. 6 to respond as to whether he wishes to continue the lease negotiations based on these new parameters.

“There’s very little value moving forward with discussions on a new lease that would start in December 2020 if Mr. Schoenfelder’s not in agreement with these two issues. These two items are the foundation of a lease,” Murphy told the commission, regarding the premises to be leased and the maintenance of the pier.

Schoenfelder’s current lease expires in December 2020. His lease payments were suspended after the old pier was closed in 2017 due to damage sustained during Hurricane Irma. Schoenfelder’s current lease required him to maintain the entire pier.

The construction of the new pier buildings will begin in September and be completed by year’s end. The interior buildout of the new buildings is expected to take an additional 60 to 90 days.

Murphy was asked later in the week if Schoenfelder can occupy the new buildings until his current lease expires if a new lease is not negotiated. Murphy said there are several possible options to consider, but he’s not ready to discuss them yet.

Schoenfelder lives in Germany and occasionally visits Anna Maria Island. He has not attended a city commission meeting since the old pier was closed.

Commission discussion

During last week’s meeting, Murphy and the commission discussed a July 17 letter Schoenfelder sent Murphy detailing his proposed lease terms. Schoenfelder’s letter was in response to a letter he received from Murphy.

“He feels he should pay $12,000 rent (per month). Secondly, he feels he should have the first six months free,” Murphy said. “He’d like to rent the entire T-end, including the boat landing, but he doesn’t feel he wants to maintain that. He feels parking should be included.”

Murphy noted the city has proposed a $500,000 contribution from the pier tenant, which includes the interior buildout of the restaurant and bait shop. Murphy said Schoenfelder proposes a $250,000 contribution toward the interior buildout.

“The other quarter-million he feels is for his equipment. Our offer does not include equipment. He already had equipment – we helped him carry it off the pier. The equipment is something the restauranteur takes with him if they leave, so I don’t believe the taxpayers should be purchasing $250,000 worth of restaurant equipment,” Murphy said.

Murphy said he needed commission decisions on which portions of the pier premises would be leased to the pier tenant and who would be responsible for the maintenance of the leased and non-leased premises.

“It’s fruitless to go on with conversations unless we can settle those two issues,” Murphy said. “Once you’ve defined the premises and who’s going to maintain the premises you can zero in on what the rent should be, you can zero in on the parking issue, you can come to an agreement on the insurance issues.”

When discussing whether the T-end bathrooms would be leased to the pier tenant, Commissioner Doug Copeland noted they need to remain open 24 hours day.

“I want the city to control as much of the space as possible,” Copeland said.

Murphy said the crew that cleans the City Pier Park restrooms could also clean the pier bathrooms, with the city and the tenant sharing those costs on a pro-rated basis.

In response a question city resident Alan Ward posed during public comment, Murphy said the old bathrooms were open 24 hours a day and maintained by the tenant.

Commissioner Amy Tripp said the past bathroom conditions were “terrible.”

“He failed miserably,” Copeland added.

Regarding maintenance of the pier in general, Copeland said, “I’m not here to bad-mouth Mario, but he’s proven in the past that he’s not good at maintenance.”

“That’s the beauty of the third-party property management; it’ll get done and it’ll be done right,” Murphy said.

Commissioner Dale Woodland agrees that a contracted property management company has the experience and expertise needed to properly maintain the pier and pier buildings – something he said the city and the pier tenant do not possess.

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Pier opening discussed

Pier opening discussed

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – Commission Chairman Brian Seymour asked Mayor Dan Murphy if the new City Pier will be opened to the public before the interior buildout of the T-end buildings is complete.

“I’ve been getting a lot of questions about it,” Seymour said during the City Commission’s Thursday, Aug. 8, meeting.

“When can they actually, physically walk on the pier?” Seymour asked.

“That’s a complex question,” Murphy responded. “As soon as we possibly can.”

Murphy said the pier opening depends on who the city’s pier tenant is, what the tenant’s plans are and how much of the city-owned pier is leased to current pier tenant Mario Schoenfelder or some other pier tenant.

“As soon as that shell’s finished it would be great to open it up – that’s what’s in the back of my mind,” Murphy said.

“The buildout can go on inside the building. It shouldn’t be too disruptive to have people on the pier fishing and doing whatever. That would be the ideal situation, but it would only be fair to let the tenant weigh in on that,” he added.

Seymour asked if the city’s position was to allow people back on the pier once the main construction of pier-end buildings is complete.

Murphy said if he can reach an agreement with Schoenfelder this week, the city would like to allow people back on the pier while the interior buildout takes place – a process Murphy said could take 60 to 90 days to complete once the exterior shell is finished.

“We want access to the pier,” Murphy said.

Murphy said the public restrooms for the pier-end buildings must be completed before the pier can be opened to the public and the pier tenant is responsible for the bathroom fixtures.

The main pier structure is scheduled for completion during the first week of September. Frank Agnelli’s Mason Martin Builders will then begin constructing the restaurant and bait shop buildings. That work is expected to be completed by year’s end.

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Pier progressing as planned

Pier progressing as planned

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – The construction of the new city pier remains on schedule, and the city has identified $74,000 in anticipated savings regarding the construction of the pier-based restaurant and bait shop buildings.

On Aug. 1, Mayor Dan Murphy sent a pier status update to Monica Luff. Luff is the executive assistant to the Bradenton Area Convention and Visitors Bureau (CVB). The CVB is affiliated with the Manatee County Tourist Development Council (TDC) that makes funding recommendations to the Manatee County Commission regarding the use of the county’s 5 percent tourist tax revenues.

In 2018, the TDC and the County Commission supported the city’s request for $1.5 million in tourist tax revenues for the estimated $5 million pier project. The county commission also approved an additional $333,000 in surplus beach concession revenues. The city now seeks an additional $435,000 in tourist tax revenues and that request will be heard by county commissioners on Aug. 20.

The city seeks the additional county funds to help offset the funding shortfall created when Federal Emergency Management Agency reduced the federal funding the city was to receive due to damage the old pier sustained during Hurricane Irma in 2017.

Status update

“Below is the status of the pier as of today,” Murphy wrote the following in his most recent status update:

  • The bent frames (piles, supports and stringers) for the pier walkway are complete and covered temporarily with plywood so that workers have access to the T-end;
  • The concrete top platform base for the T-end is complete;
  • The conduits carrying the utilities are partially in place, and a portion is being rearranged to meet code;
  • The electrical lines for the lighting are being installed this week and will be completed next week;
  • Light post installation on the walkway will begin.

“Beginning Aug. 12, and through the rest of August the following steps are scheduled, weather permitting,” Murphy wrote the following:

  • The small boat landing will be framed;
  • The Ipe decking will be placed on the walkway;
  • The Ipe fascia around the T-end will be installed;
  • The open issue of the fire line to be resolved.

“The pier platform is on schedule for substantial completion by the first week of September. Construction of the restaurant and bait shop is scheduled to begin Sept. 1. We remain on schedule for substantial completion of the restaurant and bait shop building shell by late December,” Murphy’s update concluded.

Cost savings

On July 25, Murphy and the City Commission discussed the cost savings for the construction of the pier buildings.

Murphy said Frank Agnelli’s original bid for his Mason Martin Builders to construct the new pier buildings was $1,041,000. The contract approved by the commission later that night is for $967,000

Murphy noted the commission recently supported Agnelli’s recommendation to use HardiePlank siding instead of Kebony siding on the new buildings, which saves the city $18,000.

Murphy said subsequent discussions with Agnelli and representatives from the i+iconSoutheast construction firm that is building the main pier structure and walkway produced $56,000 in additional savings.

Murphy said the bulk of that $56,000 is the result of a change in Agnelli’s construction deployment plan that originally called for him to rent a barge for a significant period of time. Instead, Murphy and Agnelli worked out an arrangement to transport the construction materials on a barge provided by i+iconSoutheast.

Murphy said that $56,000 also includes savings produced by the sales tax exemption the city receives when purchasing its construction materials directly.

“We’re comfortable with the price. Mr. Agnelli’s comfortable with it,” Murphy said of the contract he sought commission authorization to sign.

“We have a good agreement here,” he added.

Commission Chair Brian Seymour said he appreciated the mayor’s efforts to reduce the Mason Martin Builders’ contract by 7 percent.

“Great job,” Seymour said.

Participating by phone, Commissioner Amy Tripp agreed and she too thanked Murphy. The commission then unanimously authorized Murphy to enter into a contract with Mason Martin Builders.

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Aubry files ADA complaint about pier railings

Aubry files ADA complaint about pier railings

Written by Joe Hendricks on . Posted in Featured.

ANNA MARIA – Former City Commissioner Eugene “Gene” Aubry has filed a complaint with the United States Justice Department regarding the commission’s 2018 decision to not install handrails on the new city pier currently under construction.

The Justice Department’s Civil Rights Division received Aubry’s Americans with Disabilities Act (ADA) complaint on July 29.

Atop the copy of the complaint form sent to Mayor Dan Murphy is a handwritten note that says, “Mayor – For your info,” followed by Aubry’s initials. The complaint lists Aubry’s Palmetto address.

In his handwritten response to the question asking who’s being discriminated against, Aubry wrote, “All future visitors.”

In response to who has discriminated, Aubry wrote, “The mayor and entire city council.”

As for when the alleged discrimination occurred, Aubry wrote, “Present. Under construction.”

He described the discriminatory act as “Refusal to install handrails on pier.”

Chapter 6.4 of the United States Access Board’s ADA Accessibility Guidelines (ADAAG) says, “Most fishing piers and platforms are fixed structures and must comply with the accessible route requirements in ADAAG. Railings are not required. However, where railings are provided, at least 25 percent of the railings must be 34 inches maximum above the ground or deck surface in order not to interfere with fishing by individuals with disabilities.”

The original pier, built in 1911, had railings that were removed decades ago. Aubry served as a commissioner from 2010 to 2013. During that time, the pier did not have railings.

When demolished in 2018, the pier did not have railings. Instead, it had wooden toe rail curbing that ran the length of the pier walkway and T-end platform. The design for the new pier calls for higher toe rail curbing.

In his complaint, Aubry checked “yes” as to whether efforts were made to resolve this complaint through an internal grievance procedure. As for the grievance status, Aubry wrote: “Was presented to city council by E. Aubry with no response.”

As to whether the complainant intends to file with another agency or court. Aubry checked “Yes” and wrote, “If ADA does not respond.”

In the additional answers space, Aubry wrote: “At the end of the pier, the city will be constructing a restaurant, bait shop, retail and bathrooms – all to be accessed over pier that has no handrails over the water. Where the handicapped (is) concerned, especially the blind, this is a major problem and should not be allowed.”

Aubry’s complaint ends with his suggestion that the engraved planks removed from the old pier be used to build railings on the new pier.

Previous discussion

In February, Aubry made his pitch for pier railings. He told the commission he’s been an architect for 60-plus years and he referenced the ADA but did not claim the new pier would be non-compliant without handrails.

“The original pier had railings on it. The fact that we’re not building handrails is personally beyond my imagination. It has to do with safety and liability,” he said then.

In March 2018, Mayor Dan Murphy and the City Commission discussed whether to include railings on the new pier. Murphy told the commission he received several emails on that topic and public opinion was evenly divided.

City resident and Anna Maria Preservation Trust founder Sissy Quinn told the commission she preferred no railings because that maintains the look pier visitors have become accustomed to over the past 30 years.

The commission voted 5-0 to not include railings. The commission felt the increased height of the toe rail curbing would provide adequate protection for those using strollers, wheelchairs and walkers.

Additional comments

When asked about the complaint, Murphy said he does not expect it to impact the construction of the new pier as planned.

He noted the new pier is designed to maintain its historic use as a place where boats can be docked and said, “Boat docks don’t have to have railings.”

When contacted, Aubry said he never expressed concerns about pier railings while in office because there was no talk then of repairing or replacing the pier.

Aubry said city code requires a railing around a deck that’s more than 18 inches off the ground and he questions why that same standard isn’t applied to a structure built six to eight feet over the water.

Aubry could not cite a specific state or federal law or regulation that requires pier railings, but he fears the commission’s decision exposes the city to potential liability and litigation.

“A toe rail will not keep you from falling off the pier,” Aubry said. “It’s like Disney World out there and adults today do not take control of their kids.”

The ADA website notes that it cannot investigate or litigate every complaint and it can take three months to complete a review.

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Pier lease talks gain momentum

Pier lease talks gain momentum

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – Anna Maria Mayor Dan Murphy and current city pier tenant Mario Schoenfelder recently reviewed a draft document that includes several potential options for the lease of the new pier.

The construction of the pier walkway and T-end platform are to be completed by the end of August. The new restaurant and bait shop buildings at the new pier’s T-end are expected to open to the public by year’s end.

Schoenfelder’s current pier lease expires in December 2020 and he has expressed interest in entering into a new long-term lease.

The recently developed draft document is not a formal and binding agreement. It merely reflects some of the terms, conditions and options to be considered by the city and Schoenfelder.

The draft lease document presents three options regarding which portions of the new pier could be leased to Schoenfelder or another pier tenant.

Option one is to lease the T-end restaurant, bait shop, bathrooms and breezeway only. Option two is for the entire T-end of the pier, not including the pier walkway and boat landing. Option three is for the entire pier.

Parking option one proposes the city provide adequate marked parking based upon an approved number of seats. Option two proposes the pier tenant lease adequate parking from the city and/or private sources.

The draft lease language states the leased premises will be used solely to operate a restaurant and bait, tackle and gift shop that also serves snacks and beverages.

The lease terms require the tenant’s business operations to be seven days a week 7 a.m. to 9 p.m. with the tenant having the option to extend, but not decrease, the hours of operation. The proposed lease language states that the tenant shall serve breakfast, lunch and dinner unless otherwise specified by the city.

The proposed lease language states all open areas of the pier, including the breezeway and bathrooms, shall be accessible to the public at all times.

Lease terms

The proposed lease term options include a 10-year lease with two five-year extensions or a seven-year lease with two seven-year extensions.

The draft language proposes the pier tenant contribute $250,000 toward the city’s construction of the new buildings that will house the restaurant, bait shop and restrooms. The language also proposes that the tenant is responsible for interior build-out of those buildings at the tenant’s expense.

“All improvements made to the premises shall become the property of the landlord upon installation,” the draft lease language says.

Maintenance

Pier maintenance options include the tenant being responsible for all maintenance of pier premises, or the city being responsible for all maintenance of premises – except for the maintenance of the operational fixtures purchased by the tenant to operate their businesses.

The lease language proposes the tenant pay an unspecified amount per quarter toward the maintenance of the pier, the approach area and the parking lot.

The draft language includes options for either the tenant or the city to insure the pier and pay the annual property taxes.

The possible lease options include an absolute net lease where the tenant pays the maintenance, insurance, tax, improvements and is responsible for all expenses of the facility rented; a triple net lease where the tenant pays for maintenance, insurance and taxes; a double net lease where the tenant pays the taxes and the insurance or a modified net lease where the tenant pays the taxes only.

The language proposes the tenant pay an unspecified, monthly base rent that includes an annual 3% increase – or a base rent that increases or decreases each year based on the Consumer Price Index.

Another option would be a percentage-based rent that requires the tenant to the pay the city 8% of the total revenues generated by the pier-based business operations.

The proposed lease language requires the tenant to maintain a blanket saltwater fishing license that allows anyone to fish from the pier, including those who do not hold their own fishing licenses.

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HardiePlank selected for pier building exteriors

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – City commissioners have decided the exteriors of the new pier restaurant and bait shop buildings will be covered with HardiePlank lap siding instead of Kebony hardwood siding.

HardiePlank is a non-wood material made with cement fibers.

The commission’s unanimous decision on June 27 reverses a previous 3-2 decision made in April 2018 in favor of Kebony siding. At that time, commissioners Carol Carter, Amy Tripp and Dale Woodland voted in favor of Kebony siding. Commissioners Doug Copeland and Brian Seymour opposed the Kebony and expressed their preferences for HardiePlank instead.

The pier walkway is being built with Ipe decking made of Brazilian hardwood.

After noting the commission previously favored Kebony, Mayor Dan Murphy said the city’s contractor for the new pier buildings, Frank Agnelli, recommends HardiePlank.

Murphy said using HardiePlank would reduce the pier project costs by $18,000. He also said HardiePlank is fireproof, has a very long life and he concurs with the contractor’s recommendation.

Copeland said HardiePlank comes with a 30-year warranty and is available in different colors, which will also save the city the expense of painting it. The commission did not discuss color choices last week. During past discussions, it’s been stated that the pier and pier buildings would have greyish tone that fades over time and resembles the old pier.

“I didn’t vote for the Kebony to begin with,” Commission chair Brian Seymour noted.

“I didn’t either,” Copeland added.

Tripp made the motion to use HardiePlank and the commission unanimously supported that motion.

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Written by Joe Hendricks on . Posted in Anna Maria, Anna Maria Island, Community News.

ANNA MARIA – City officials are grateful for the continued support the city’s receiving from the county and the state for the construction of the new Anna Maria City Pier.

On Monday, June 17, the Manatee County Tourist Development Council (TDC) recommended county commission approval of the city’s request for $435,000 in additional pier funding. The funding request still needs county commission approval, which is expected.

Anna Maria Commissioner Doug Copeland is a member of the TDC and he made the motion last week seeking the county commission’s support.

“I’m extremely pleased that the TDC has recommended to the county commission another $435,000. We’re grateful for what they’ve done in the past and this will go a long way toward completing the pier,” Copeland recently said.

“This is a big deal. Our residents will appreciate that this is $435,000 that doesn’t have to come out of the city’s general fund,” he added.

Mayor Dan Murphy is also happy.

“We’re very pleased. This helps us finish the pier project. We had a funding gap and the county helped fill half of that gap. The gap was created by FEMA not giving us the full amount they originally promised us,” Murphy said last week.

“I want to thank Elliott Falcione, County Commissioner Carol Whitmore and all the members of the TDC and the county commission for their support,” Murphy added.

Commissioner Carol Carter agrees.

“I’m thrilled with the additional support. We had to find additional funds after FEMA reduced what they planned to give us. I’m thrilled that the TDC and the county commission are stepping up with this additional assistance,” she said.

“We also appreciate the original funding the county provided. That was really important to us. Thanks to the TDC and Commissioner Carol Whitmore for their support. And hats off to our mayor, who’s pursued all these funding sources for the city – and for Doug’s good work as our TDC representative,” Carter said.

Funding snapshot

In previous budget years, Manatee County Commissioners pledged $1.5 million in TDC-recommended tourist tax revenue funds and $333,000 in surplus beach concession fund revenues for the pier project.

County Commission approval of the city’s latest request would bring the county’s total pier project contribution to more than $2.26 million.

On Friday, city officials learned Gov. Ron DeSantis approved the city’s $285,000 funding request supported by the Florida Legislature earlier this year. Last year, the Florida Legislature approved $750,000 in state funds for the pier.

Murphy and Carter previously expressed gratitude for the support and assistance provided this year by Senate President Bill Galvano, Senator Joe Gruters and State Rep. Will Robinson Jr.

FEMA is providing 810,000 in federal funds and an additional $135,000 in state funds.

According to Murphy, the city anticipates contributing approximately $712,000 to the project – and the contribution of the current and/or future pier tenant has not yet been determined.

Headed by city resident Sissy Quinn, the Anna Maria Island Preservation Trust is contributing $1,100 to the efforts.

According to Murphy, the latest estimated cost of the pier project is $4.97 million. The pier and the new restaurant and bait shop at the pier’s T-end are on track to reopen by year’s end.

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Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – Frank Agnelli’s Mason Martin Builders is the city’s top choice to construct the restaurant and bait shop at the T-end of the new Anna Maria City Pier.

Based on Mayor Dan Murphy’s recommendation, city commissioners voted 5-0 in support of the mayor entering into contract discussions with Mason Martin Builders’ owner Frank Agnelli. That vote occurred during a six-minute emergency commission meeting on Thursday, June 6.

The city received four bids in response to its recent invitation to bid and request for proposals (RFP). Mason Martin Builders submitted the lowest bid at $1.04 million. D.L Porter Constructors’ bid was second lowest at $1.486 million, followed by the Burke Construction Group at $1.609 million and Jon F. Swift Construction at $1.688 million.

City Clerk LeAnne Addy provided the commissioners with sealed copies of the bid proposals during the previous week’s emergency meeting and the bids were made public during Thursday’s meeting.

Before making his recommendation, Murphy said the RFP states the contract will be awarded to the lowest responsible bidder as determined by the city to be in the city’s best interests.

Murphy said he defined the best interests of the city as having the ability to quickly get started, having the ability to complete the project and a reputation for completing projects, having a vested interest in the project and taking into consideration the city’s interests at every step of the way.

“Having taken all that into consideration, I can give you a recommendation. My recommendation is that we go with Mason Martin,” Murphy said.

Mason Martin Builders selected to build pier restaurant and bait shop
Mason Martin Builders owner Frank Agnelli was pleased by the commission’s decision. – Joe Hendricks | Sun

Commissioner Doug Copeland and commission chair Brian Seymour said they supported the mayor’s recommendation.

“They came up number one in my choices. They’re local, all the subs will be local and it makes sense to me,” Seymour said.

Commissioner Carol Carter said Mason Martin appeared to have the most thoroughly thought out response. Seymour agreed and said that helped him make his decision.

Copeland made the motion to authorize Murphy to attempt to negotiate a contract with Mason Martin and the commission unanimously supported that motion.

The negotiated contract terms must be brought back to the commission for final approval.

If those negotiations prove unsuccessful, Murphy would then seek commission authorization to attempt to negotiate a contract with the commission’s next highest-ranked firm, which was not determined at Thursday’s meeting.

Post-meeting comments

Last summer, Agnelli and his crew removed the engraved wooden planks from the old pier so they could be returned to those who previously purchased them from a third-party. Agnelli did that at no cost to the city. The unclaimed planks will be repurposed as memorial walls or for some other public use.

After Thursday’s meeting, Agnelli commented on the commission’s decision.

“I’m glad I got the job, I’m glad this gets to stay local and we’ll get it done quicker than anyone else. It’ll be great to have my name on it for my kids to see, so I’m pretty happy about that too,” he said.

Murphy congratulated Agnelli and said, “I look forward to working with him. We know each other pretty well and I look forward to a good relationship and a successful conclusion.”

Regarding last year’s plank removals, Murphy said Agnelli did it out of the goodness of his heart.

Murphy said it was too early to know exactly when the construction of the restaurant and bait shop spaces will begin.

Mason Martin Builders selected to build pier restaurant and bait shop
I+iconSoutheast continues its construction of the primary pier structure, decking and T-end deck area. – Joe Hendricks | Sun

I+icon’s construction of the pier structure, decking and T-end deck area is scheduled for completion on Aug. 27. I+icon did not bid on the construction of the restaurant and bait shop spaces to be built according to design plans created by architect Barron Schimberg.

Murphy said he expects to meet soon with current pier tenant Mario Schoenfelder regarding his financial contribution to the interior build-out of the restaurant and bait shop. Schoenfelder’s current pier lease with the city expires in December 2020 and he is being asked to contribute to the pier project if wants to remain on the pier beyond that.

Murphy estimated the final cost of the entire pier project will now exceed $5 million.

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ANNA MARIA – The city of Anna Maria received four bids from construction firms seeking the contract to build the new restaurant and the bait shop at the T-end of the new city pier.

During last week’s emergency commission meeting, Mayor Dan Murphy told commissioners the bids are not yet public record and will remain confidential until he comes to the commission with a recommendation. That recommendation is expected at the emergency commission meeting scheduled for 10 a.m. on Thursday, June 6.

“I would ask that you keep them confidential because they are not indeed public record – that was verified again yesterday by the city attorney,” Murphy said.

“What you see on the paper is what counts. Just take them as they are and make a decision from that. That’s the only fair way to do it,” he added.

At the conclusion of the meeting, City Clerk LeAnne Addy provided commissioners with sealed envelopes containing copies of the bids to review before the June 6 meeting.

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ANNA MARIA – The last concrete piling for the new Anna Maria City Pier has been driven and the request for proposals (RFP) to build the new T-end restaurant and bait shop has been issued.

On Wednesday, March 17, Anna Maria Mayor Dan Murphy emailed city commissioners a pier construction update.

“The last pile for the pier was driven today. The barge will be leaving for Tampa by the weekend, weather permitting, and returning next week with the timbers to build the caps and complete the bents. In other events, the RFP for the restaurant and bait shop was issued this week with a bid submission deadline of May 20,” Murphy wrote.

Murphy’s email update said the firm selected to build the restaurant and bait shop will have 200 days to complete the building, with a December 2019 completion date and a $475 per day penalty failing to complete that work on time.

Murphy also noted the commission must still make a final decision on exterior siding for the restaurant and bait shop. The commission originally selected Kebony hardwood siding but later discussed possibly using Hardie Plank instead.

Murphy’s email said the contractor of choice may also provide an additional siding option for commissioners to consider.

Later in the week, Murphy said, “The last pile driven is a significant event in that it marks a milestone of phase one in the reconstruction of our historic pier. I’m sure over 110 years ago the Anna Maria pier builders felt the same sense of accomplishment as they drove their last palm tree pile.”

Photographs of the original palm tree pier pilings Murphy referenced were displayed at the April 11 city commission meeting.

Construction continues

I+iconSoutheast is not expected to bid on the construction of the pier building. The i+iconSoutheast crew is now moving into the next phase of pier walkway and platform construction that includes the installation of the support bents and prefabricated concrete caps upon which the Ipe wood decking will rest.

The onshore pier pavilion is open again now that the pier pilings along the shoreline have been driven. At some point, the pavilion will be temporarily closed again while the concrete caps are installed close to shore.

Aug. 27 is the completion date for the construction of the pier walkway and T-end platform. The completed Anna Maria City Pier is expected to open to the public in late December or early January.

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