Updated Nov. 23, 2020 – ANNA MARIA ISLAND – Before the arrival of Tropical Storm Eta, Manatee County Parks and Natural Resources Director Charlie Hunsicker shared his thoughts on the anticipated loss of the sand that would occur on Anna Maria Island’s recently renourished beaches.
The beach widening portion of Anna Maria Island’s beach renourishment project is complete as of Nov. 18, and the U.S. Army Corps of Engineers’ contractor, Marinex Construction, began building dunes on Nov. 20 with an expected completion date of Nov. 30. The $17 million project began July 8 at 78th Street in Holmes Beach and ended at Longboat Pass in Bradenton Beach. Tropical Storm Eta and Hurricane Zeta delayed the project’s original Oct. 31 deadline, and pulled some newly-placed sand off the beach into the Gulf of Mexico (pictured) as anticipated by project engineers. Pipelines are off the beach except for a storage area at Coquina Beach. – Cindy Lane | Sun
“Many people who follow beach renourishment see the sand go away during a storm and say, ‘It all washes away. It’s a waste of money.’ I want everyone to understand the sands there are sacrificial. The beaches are intended to wash away. Mother Nature will come in with the energy she has and extract the sand, or take something from the Island. If it’s not the sand, it’s homes, roads and utilities,” Hunsicker said.After the Tuesday, Nov. 3 county commission meeting ended, Hunsicker discussed the public criticism that sometimes accompanies the storm-related loss of renourished beach sand.
“Many people look at that as a waste of money, but that’s exactly the plan. Sacrificial sand is what we put there. Recreation is an added attribute, but its first and foremost job is to protect the Island. That’s why it’s done and that’s what it does,” Hunsicker said.
“They were significant. But I want everyone to remember that the beach we build is titled theThe loss of beach renourishment sand was also discussed Thursday morning during the county’s post-Tropical Storm Eta virtual press conference, when Hunsicker was asked what losses were sustained in terms of beach sand.
‘Anna Maria Island Shore Protection Project’ by the (Army) Corps of Engineers. The primary purpose of our beaches is for coastal protection, to dissipate the energy of the storms. We also have very real recreation benefits and habitat benefits as well for nesting shorebirds and marine turtles,” Hunsicker said.
“We lost depth and width of beach to a near-shore and offshore sand bar. It did not wash away to the middle of the Gulf or Texas. It’s nestled below sea level about 50-60 yards offshore. It will stay that way over the winter, and in the summer, the gentler waves will slowly move it back on shore. Not all of it. We lost sand, and even under normal conditions, Anna Maria Island loses about 10 feet of width every single year,” Hunsicker said.“If a sandy beach washes away, it’s done its intended job. Without the beach, we’d be looking at Gulf-facing roads, utilities and ultimately homes that would absorb the brunt of the storm and be washed away. In this circumstance, we are quite pleased. The erosional losses we saw were the measured benefit of having the beach in place for storms just like this one,” Hunsicker said.
“I want everyone to understand the sands there are sacrificial. The beaches are intended to wash away.” – Charlie Hunsicker, Manatee County Parks and Natural Resources Director
“We fully expect the beach to respond the way it did. It’s the breaking tide that does most of the damage. When high tide rolls up over the beach it moves sand around, but it doesn’t drag it out like grabbing hold of a bedsheet and pulling it off a bed. Actually, high tides and flooding on the beach is a good thing. We lose the back berms and dunes, but that sand is pulled from the dunes and distributed across the beaches,” Hunsicker said.
“We’ve been asked to assess damages like any other tropical storm or hurricane, and to rough estimate the volume lost. If there is a congressional add to the budget to address damages from this hurricane season, our beaches there will be eligible for the Corps to return with a new contractor and put that sand back on the beach. That isn’t very often, but that’s how, after Hurricane Sandy (in 2012), we got relief. If you remember Hurricane Irma (in 2017), that is why the Corps is here now, to return the whole beach back to its starting elevations and widths that were there before the storm,” Hunsicker said.
“We may go through yet another episode if congressional money is available. We won’t be able to afford paying for it ourselves – or the state of Florida for that matter. But we’re always optimistic. Certainly, there were damages up and down the southwest coast of Florida and on the east coast – Miami and Key West. So, if there’s a hurricane relief bill coming to Congress, the Army Corps will make efforts to apply that funding to restore the lost sand we just suffered in the last three days,” Hunsicker said.
BRADENTON – The West Manatee Fire Rescue District has a new commissioner who will take the dais later this month.
Joining Commissioner Larry Jennis, who had no challengers for his seat, will be Robert Bennett, taking the place of Commissioner Randy Cooper. After 12 years on the dais, Cooper decided not to run for re-election this year.
With no challengers, Jennis was automatically re-elected for an additional four-year term on the fire district’s board of commissioners. He currently serves as the board’s vice-chair.
Three candidates qualified to fill Cooper’s vacant seat – Bennett, Steven Pontious and Derrick Warner. Bennett received the most votes and won the seat in a landslide with 9,689 ballots cast in his favor across 11 precincts, or 64.47% of the total number of votes. Pontious came in second with 2,681 votes, or 17.84%, with Warner ending the night with 2,659 votes, 17.69% of the total votes cast.
Pending election certification, Bennett will be sworn in along with Jennis during the Nov. 17 commission meeting planned to be held at the district’s temporary administration offices at Palma Sola Presbyterian Church, 6510 Third Ave. W. in Bradenton. The meeting also will be available to attend via Zoom.
WMFR commissioners serve four-year terms and work with the fire chief to help create policy and manage the fire district. The West Manatee district includes all of Anna Maria Island, Cortez and unincorporated Manatee County on the west side of the county.
Updated Nov. 8, 2020 – HOLMES BEACH – The city has two commissioners to swear in on Monday, Nov. 16.
With four candidates – Commissioner Pat Morton, Commissioner Kim Rash, candidate Jayne Christenson and former commissioner Rick Hurst – and two seats on the dais available, the top two vote-getters took home the win – Christenson and Rash.
Rash was the top pick of voters, bringing in 991 votes, or 28.73% of the total votes. Christenson came in second with 874 votes at 25.34%, with Hurst coming in third with 856 votes and Morton coming in last with 728 votes, ending Morton’s more than a decade on the city commission dais.
Commission candidate Jayne Christenson and Commissioner Kim Rash wave to voters as they enter and leave the polls Nov. 3 with some of their supporters. – Kristin Swain | Sun
This will be Rash’s second term on the city commission.
Christenson will be serving her first term as a city commissioner, having previously served the city on the planning commission and the parking/congestion committee.
The city of Holmes Beach had one polling place for both of the city’s precincts, St. Bernard Catholic Church. The tallies for voters showed that out of the 2,823 registered voters in Holmes Beach, 1,183 voted by mail, 420 took advantage of early voting and 756 came to the polls on election day. The total voter turnout for the city was 2,359, or 83.75% of eligible voters casting their ballots.
Early in the day on Nov. 3, there were lines outside St. Bernard’s to vote. Much of the wait time was attributed to COVID-19 precautions but the lines didn’t dissuade voters from casting their ballots in person.
Outside of the polling location, candidates Christenson, Morton and Rash were camped out with signs, supporters and snacks for voters.
Commissioner Pat Morton greets voters as they enter the parking lot at St. Bernard Catholic Church. – Kristin Swain | Sun
Also up for re-election this year was Mayor Judy Titsworth. Once the candidate qualifying period ended, Titsworth was the only candidate who emerged, earning her another two years on the dais as mayor.
Pending the certification of the election results, the city of Holmes Beach has an organizational meeting and swearing-in ceremony planned for Monday, Nov. 16 at 9 a.m. at city hall. The public is welcome to attend but everyone is required to wear a mask when inside city hall and practice social distancing.
HOLMES BEACH – Commissioners agreed unanimously to move a draft ordinance raising parking fine violations to a first reading.
During an Oct. 13 work session, Holmes Beach Police Chief Bill Tokajer presented commissioners with a plan to increase parking violations in the city. After Tokajer made his case for the increase in fine amounts, Commissioner Jim Kihm suggested a few changes, namely increasing the proposed violation amount for permit fraud to a maximum of $250 and increasing the fine amount for impeding emergency vehicle access to the beach to $250.
Here are all of the proposed fine amount increases:
Increase a general parking violation from $50 to $75,
Establish a $250 fine for using a fraudulent parking permit,
Charge a $15 late penalty to be charged 10 days after the parking fine is due instead of the current five days,
Increase illegal handicap and Purple Heart parking violations to $250.
Tokajer said that out of the 2,920 parking tickets Holmes Beach police officers have written year to date through September, about 100 of those, or 4.5%, were written to residents with 41 of those voided as a one-time resident education opportunity.
“Residents don’t get a lot of parking tickets in Holmes Beach,” he said.
Commissioner Carol Soustek said that she hopes that the larger parking fine amounts will discourage people from parking illegally to go to the beach, shrugging off the current $50 fine as a parking fee.
The draft ordinance goes before commissioners for a first reading at an upcoming city commission meeting.
HOLMES BEACH – With the Nov. 3 election nearly upon us, mail-in voting already begun and early in-person voting beginning Oct. 19, voters have a limited amount of time to finish making their selections for local and federal offices before casting their ballots.
In Holmes Beach, there are four candidates vying for two commission seats – Jayne Christenson, former commissioner Rick Hurst, Commissioner Pat Morton and Commissioner Kim Rash. Voters can select two candidates when casting their ballots. Whoever the top two vote-getters are will get the two-year commission terms.
With the final weeks of the campaign looming, The Sun has given each candidate the opportunity to address the public one final time to give their message to voters in their own words.
Jayne Christenson
Christenson
When I moved to Holmes Beach with my family in 1989, I knew this was the community where we belonged. In 2007, my husband and I became permanent residents of Holmes Beach and still live in the same home my parents bought in 1989. It has been a wonderful community to raise our family in.
If I am elected as your city commissioner, I will work to be more proactive at positive engagement with residents and businesses. Citizens expect transparency, accountability and better communication from city government and I am willing to deliver.
Suggestion: I would love to see our police officers get to know our community residents and businesses by being more engaged with those who live in Holmes Beach. Roll down the Ford Expedition window and say hello when you are driving by.
I am concerned when I hear of residents leaving Holmes Beach due in part from the growth of short-term vacation rental homes continuing to pop up in our neighborhoods, primarily in the R-2 zone near the beach. The weekly turnover of renters every seven days has brought increased traffic, noise, and affected the peaceful enjoyment and quality of life for residents. Aligning our priorities of balance between residential properties and vacation rentals in our neighborhoods is critical to maintaining our Island character.
Anna Maria Island can benefit from better collaboration and partnership between the three Island cities. I will work together with all city representatives as one voice when interacting with state and county officials. This is especially important when trying to communicate the negative impact that the Tourist Development Council (TDC) advertising is having on Anna Maria Island and Holmes Beach. On average, 10,000 people annually are moving to Manatee County. Holmes Beach cannot support the parking requirements for all the people who want to go to the beach. I will look for opportunities to include county officials in these discussions especially since they are the recipient of the 5% tourism tax.
With my career experience in corporate business, I will provide budget oversight to
achieve smart financial decisions. Holmes Beach is not a traditional city with traditional expenses. If elected, I will be watchful of the spending and when asked to approve a project or an expense outside of the normal operating budget, I will question, “Is this good for residents and our Island character?”.
In closing, I am asking for your vote for Holmes Beach City Commissioner. I would be honored to represent the residents and businesses of Holmes Beach. Please visit my website and/or follow my Facebook page.
Rick Hurst
Hurst
I earned an engineering degree from the University of Michigan. I accepted a doctorate fellowship at Northwestern University, however, I changed my path and decided to pursue a career in software development. I developed a software product that, to this day, is the leading product in its industry. I later was part of a start-up automation company in the automotive industry which grew quickly. The company’s success and subsequent sale provided me the opportunity to serve as the president of a multi-national corporation. I believe I am well-qualified for the job of commissioner.
My family and I moved to Holmes Beach because it appeared to be a wonderful and a welcoming beach community. We attended many events at city field. We loved it. We were living in paradise with a great community.
Soon after our arrival, these events dwindled away as did the welcoming beach community. We learned there was a small group of residents who were affecting this. This group felt the increase in visitors had ruined their private paradise. They were well-organized and started the process of getting candidates elected. I give them credit for the things they achieved early on. They stopped the excessive building and created the initial regulations for vacation rentals. However, their continued resentment and unrealistic zero-tolerance for visitors has resulted in an endless cycle of more laws, more fines, more code enforcement and higher budgets.
I’ve had many conversations with people, including residents seeking to make simple improvements to their property, regarding their interactions with our city and our policies. Too often I hear the phrase, “Holmes Beach is the worst.” I take tremendous pride in our community; however, I understand their frustration.
We can change this by taking a hard look at how we do things and why we do them. I believe we can achieve harmony between residents and visitors by developing smarter solutions that are more positive in nature, benefit a broad range of residents/stakeholders, work better and will be more cost-effective. These solutions will not come from a group of commissioners who emanate from the same inner circle, who want to perpetuate this endless cycle of more laws, fines and code enforcement. The development of new ideas and great solutions to complex problems will require input and brainstorming of ideas from more residents and stakeholders. This will only happen if we elect city officials who can think outside the box, who believe we need fresh ideas to solve our complex issues. I am that commissioner.
I have a five-point plan for a stronger Holmes Beach that can be summed up by “Seek input, ask hard questions and build a sense of community.” This plan is outlined in my ad in this edition of The Sun.
Please vote for Rick Hurst on Nov 3rd and start the process of challenging the status quo.
Pat Morton
Morton
I would like to once again ask for your continued support as your city commissioner. In my years as a commissioner, I have been able to listen to the concerns of our citizens, the business owners and our Island guests. It became very apparent that we were at risk of losing the quaint charm of our Island city.
Residential homes were being replaced by big party houses. The peaceful quality of life replaced by noise, trash and congestion. Our own tourism industry changed as the snowbirds that we embraced were being replaced by a completely different clientele.
As a commissioner, I took action. Legislation was passed to bring balance back to these neighborhoods. I am very pleased to say that people are once again moving back to our community. I supported improving the city park which will continue to play a role in bringing young families back. As a member of this community, I would like to thank all who contributed generously to this park as it is something we can all be proud of.
We have many great things planned for the coming years in our city. We will continue to sponsor stakeholder meetings and town halls for the benefit of our businesses and residents. Resiliency and clean water are very important to me and I will fully support the mayor in addressing these concerns.
I promise to continue to be the voice of the residents and of our business owners. Please continue to reach out and share any and all of your concerns. I work for you and, as a veteran, it is my honor to continue to serve you.
Kim Rash
Rash
I would like to thank all of the people who voted for me in my first election in 2018. I would also like to thank those of you who did not vote for me but gave me the opportunity to gain your vote during the last two years.
I have been the voice for many residents and businesses when needing assistance from city hall. Throughout my time on the commission, I believe I have made a difference with my common-sense approach. Some of my accomplishments over the last two years include:
I worked to strengthen the noise ordinance to give residents back the peaceful enjoyment of their homes. Now, we are working with Code Compliance and the Holmes Beach Police to ensure our ordinances are being enforced. I continue to advocate for the police officers to be more visible in our neighborhoods and get to know our residents.
I fought wasteful spending of taxpayer money by helping to steer the city from single-source contracting bids to pricing multiple bids for projects to ensure competitive prices.
I opposed the 300% stormwater tax increase. Through my efforts of teamwork and negotiation, the commission compromised on a stormwater increase at half the proposed rate.
I advocated and successfully worked with the commission to not increase the millage rate on our property taxes.
I tried to work with the other commissioners to get every residential household one free parking permit only to get defeated in a 3/2 vote.
I advocated to keep benches at the rear of the beach for all to have a spot to watch sunsets.
Many residents refer to me as a “boots-on-the-ground” commissioner. I may not have the traditional hobbies like golfing or fishing, but I get great satisfaction from helping people. I am a voice for the residents. I listen and advocate passionately. I am a team player and dedicated to effectively collaborating and negotiating for practical, efficient solutions for our residents. I bring common sense and a successful business background to the commission. If re-elected, I strongly believe I can do even more because there is so much more to do. I have a proven track record that demonstrates I lead with the best interest of our residents and our city in mind. I can’t do this without your vote! Help me represent you by voting Kim Rash on Tuesday, November 3rd! Thank you for your support.
Holmes Beach voters go to the polls Nov. 3 at St. Bernard Catholic Church, 248 South Harbor Drive. Early voting takes place at several different locations across Manatee County Oct. 19 thru Nov. 1. Mail-in ballots have already been mailed and can be returned by mail with 70 cents postage by Oct. 24, dropped off at any early voting location or at the Manatee County Supervisor of Elections Office. For more information, visit the supervisor of elections website.
HOLMES BEACH – Commissioners may have extended the city’s mandatory mask ordinance until their first meeting in January, but Gov. Ron DeSantis has other plans.
DeSantis announced Sept. 25 that the state is immediately moving into “Phase 3” of COVID-19 pandemic recovery. The guidelines for that phase include making wearing masks and practicing social distancing voluntarily rather than mandatory. The announcement removed local municipalities’ ability to penalize anyone not wearing a mask when indoors in a public space or when unable to social distance in public, rendering the Holmes Beach mask ordinance unenforceable.
Holmes Beach Mayor Judy Titsworth said that city leaders are still recommending the use of masks and facial coverings when unable to social distance and while indoors.
“We will continue to ask and keep it on our signs,” Titsworth said in a message to The Sun.
She added that the governor’s move to enact Phase 3, specifically the removal of mask and social distancing guidelines, will negatively impact Anna Maria Island’s COVID-19 infection numbers, which have so far remained low. The Island has had 55 total reported cases of the novel coronavirus as of Sept. 27, according to the Florida Department of Health.
“This concerns me as I feel the mask and social distancing mandates made people feel comfortable to leave their homes and shop again,” Titsworth said.
The governor’s Phase 3 order not only did away with municipalities’ ability to penalize for not wearing masks, but it also allows businesses – including restaurants, bars, salons, gyms, theme parks, retail stores and others – to return to normal operations at full capacity with no restrictions.
The move to Phase 3 also allows for government meetings to resume in person. Since the beginning of the COVID-19 shutdowns, the city of Holmes Beach has held all of its commission meetings via teleconference. City planning commissioners held their first meeting since March on Sept. 9 in commission chambers with social distancing guidelines implemented during the meeting.
Titsworth said that it will be up to the city commission chair, Commissioner Jim Kihm, to determine when the city commission will return to in-person meetings. Government meetings are currently allowed to be held in Florida by teleconference under the governor’s declared state of emergency. Currently, the state of emergency is scheduled to expire Nov. 3.
MANATEE COUNTY – Work is finally done on the Sarasota/Manatee Metropolitan Planning Organization’s (MPO) long-range transportation plan and it lists some big changes for Anna Maria Island.
New roundabouts, replacement bridges and a sea-level rise study are components of the plan that MPO representative Leigh Holt presented to Island Transportation Planning Organization (ITPO) members during a Monday, Sept. 14 meeting held via Zoom.
The plan, titled Transform 2045, extends to the 2045 fiscal year and is scheduled to be updated every five years. The plan is a draft scheduled for presentation to the MPO board during a Monday, Sept. 21 meeting, with a final draft to be presented on Thursday, Sept. 24 for a 30-day public comment period before going for final approval during the Monday, Oct. 26 MPO meeting.
Holt said that all three Island bridges are on the plan – the Anna Maria Island Bridge on Manatee Avenue, the Cortez Bridge and the Longboat Key Bridge. With a new 65-foot-high design already completed for the Anna Maria Island Bridge, funding is needed for construction. The Cortez Bridge, connecting the historic Cortez fishing village to Bradenton Beach, is set to enter the design phase with funds for right-of-way acquisitions proposed for fiscal years 2021, 2024 and 2025. Holt said that studies are planned for the Longboat Key Bridge before any decisions about repair or replacement are made.
The “complete streets” projects proposed by Bradenton Beach and Holmes Beach city leaders, allowing for multi-modal transportation on main thoroughfares on the Island, are fully funded in the plan, according to Holt.
She added that plans to create a trail system for bicyclists and pedestrians from downtown Bradenton to 75th Street on Manatee Avenue and across Longboat Key and St. Armands Key to the Ringling Bridge in Sarasota also are in the plan. Holt said that $25 million has been set aside for the projects.
Other fully-funded projects in the plan include enhancing the Island’s gateways and installing roundabouts at the intersection of East Bay Drive and Manatee Avenue and at Manatee Avenue and Gulf Drive at the entrance to Manatee Beach in Holmes Beach. While Holt said that the roundabouts were previously planned for construction when the replacement bridge on Manatee Avenue is built, she said now they could be constructed before the bridge goes in. Additionally, the intersection of Cortez Road and Gulf Drive in Bradenton Beach also is being looked at as a potential location for a roundabout although there are space concerns, and due to the size of the 65-foot planned replacement bridge for the Cortez Bridge, the two projects might have to be constructed at the same time.
Resiliency projects also are on the plan with a sea-level rise risk assessment to be conducted over the next 18 to 24 months. Holt said the purpose of the risk assessment is to study the effects of potential storm surge on the barrier islands and allow local municipalities to apply for some of the $75 million in funding set aside in the plan over the next 20 years for projects to mitigate risk.
Congestion management projects include extending the northbound turn lane to Gulf Drive on westbound Manatee Avenue in Holmes Beach back to the intersection with East Bay Drive to allow for easier traffic flow around motorists traveling to Manatee Beach. Holt said there’s also a project on the plan to do work at the intersection of Cortez Road and 75th Street in Bradenton to help facilitate the flow of traffic to the Island.
She said that the MPO is looking at restarting the Beach Express bus service from 75th Street and Manatee Avenue to the Manatee Beach in Holmes Beach as well as allowing buses to move past slow or stopped motorist traffic on the bridges using the shoulder and the possibility of adding a dedicated bus lane on land along the two Island access corridors.
Holt added that the MPO also is looking at creating on-demand transportation services for travel from the mainland to the Island’s beaches where travelers can make a reservation on their schedule. She said they’re also trying to encourage employers to use vanpools to get employees to Island businesses.
To view the entire plan or submit public comments on the plan elements, visit the MPO website.
HOLMES BEACH – Special Magistrate Michael Connolly is offering one last chance for property owners to come into compliance with his previous rulings on code violations before he levies fines in October.
Code compliance officers presented several cases before Connolly during a Wednesday, Sept. 16 hearing held at Holmes Beach City Hall. Seven of the cases presented were continued to a future hearing for reasons including pending potential changes to the city’s sign ordinance.
While those cases are set to be heard at a future special magistrate hearing, the cases that most concerned Connolly are the five in which he’s already ruled on alleged code violations and property owners have yet to come into compliance with local and state codes or his rulings.
During the September hearing, he gave the property owners a warning – if they don’t come into compliance before the next special magistrate hearing, scheduled for 10 a.m. on Wednesday, Oct. 21, he’s going to start instituting fines.
Anna Maria Island Inn
Three cases involve The Anna Maria Island Inn, 3501 Gulf Drive.
Speaking for the city, attorney Erica Augello said that the property’s sign, advertising daily rentals in a short-term rental zone, has been changed, but that the property’s advertising had not been brought into compliance. According to the special magistrate order, the resort’s owner, Shawn Kaleta, had until Sept. 18 to achieve full compliance with the order.
The order also states that the owner needs new, valid vacation rental certificates for the new units and to apply for demolition permits and demolish two illegally-constructed rental units on the bottom floor of the building. During a previous hearing, it was determined that the two ground floor units, located beneath the flood level established by the Florida Building Code, were constructed by a prior owner without permits, however, it was ruled that they’re now the current owner’s problem and cannot be rented.
Najmy argued that the owner has applied for the permits but the applications didn’t meet the city’s requirements for approval. He said he felt the requirements for approving the permits supplied by Schwartz are “overreaching.”
Augello also said that city code compliance officers have photographs alleging that the units are still being rented in violation of city codes and the special magistrate order. Speaking on behalf of the owner, Najmy said that the units are not being rented but that there are owners using the property. Connolly advised that Najmy may want to have those owners testify during the next special magistrate hearing when he’ll consider the fines.
Bali Hai
Two of the cases involve the Bali Hai Beach Resort, which is also the subject of a lawsuit with the city of Holmes Beach. The first case concerns work done on an accessory building without permits in violation of local and state building codes. The second case concerns selling alcohol on the premises without an approved site plan from the city; the alcohol sales are taking place in the accessory building.
The September special magistrate hearing was held two days before the deadline Connolly gave the property owner to submit a site plan for review and get the required building permits.
Augello said that the site plan has been submitted and is currently under review. To be approved, she said the site plan has to first go through a development review committee, then go to city commissioners for a work session and then a public hearing.
“There’s no way that they could’ve come into compliance by that date,” she said of the Sept. 18 deadline given by Connolly.
Where the property owner is still out of compliance, Augello said, is that none of the required building permits for work already done have been granted.
Representing the property owner, Bali Hai JV LLC, and manager Shawn Kaleta, was attorney Louis Najmy. Najmy argued that the permits have been applied for, but the applications were denied by the city’s building official. Building Official Neal Schwartz said that additional information is needed and the permit applications have to be resubmitted to be considered for approval.
HOLMES BEACH – It took a little while to work out, but commissioners and city staff finally have a budget and a millage rate that they can agree on.
Commissioners voted unanimously to approve the proposed millage rate and the proposed budget, both of which underwent some changes since they were last discussed during budget workshops.
One major change is that instead of increasing the millage rate, it will remain the same at 2.25 mills for the upcoming 2020-21 fiscal year, which begins Oct. 1. The millage rate is the amount charged in ad valorem property taxes per $1,000 of the taxable value of the property. Though the millage rate remains the same, due to property value increases it represents a 4.61% increase in rates over the previous year. The rollback rate is 2.1641 mills. The rollback rate is the millage rate that would bring in the same amount of tax revenue for the city as the previous fiscal year.
The proposed budget for the city is $17,879,270 including $8,492,673 in carryovers and reserves. City treasurer Lori Hill plans for a break-even budget. During the Sept. 10 meeting, Hill told commissioners that some expenses, such as new computers and phones for commissioners, had been removed from the budget and pushed to future fiscal years.
She added that some revenue sources, including the fifth cent gas tax, half-cent discretionary tax and FEMA monies expected by the city, had increased since the previous hearing. Total funds from the fifth cent gas tax are estimated at $70,225 with the half-cent discretionary tax coming in at $614,171. The increases amounted to about $85,000 over the previously anticipated amount of state funding, giving the city a planned $803,160.
Local revenues, Hill said, are planned to bring in about $27,000 less than previously estimated, bringing that number to $8,583,437, including the property taxes paid by Holmes Beach property owners.
While it sounds primarily like good news, Hill said that year over year, last fiscal year as compared to the coming one, the city is poised to lose about $125,000 in state revenue and about $145,000 from local revenue sources. She did note that there is an approximately $100,000 increase in estimated stormwater revenue due to FEMA funding. Locally, the city-assessed stormwater fee is estimated to bring in $423,132 in additional funding over the previous year, a total of $1,391,554. Hill said that the city also is poised to receive $500,000 in grant funding for stormwater improvement projects.
She estimates the city will have $4.7 mil in rollover cash at the Sept. 30 end of the fiscal year. This will leave the city with an unrestricted reserve amount of 24.69% of the city’s total budget, meeting the Florida League of Cities’ suggested cash reserve amount to fund ongoing operational costs.
“In the eight years I’ve been here, this is the lowest year-over-year increase in expenses we have had,” Hill said. She estimates the city’s expenditures have increased by about 3% from the 2019-20 fiscal year.
The budget for mayor and commission was reduced to $200,403. Commissioner Jim Kihm, who had previously offered to give up his stipend if it put the city in a better financial position, said he had requested that Hill reinstate his salary since the city’s financial needs were able to be met without increasing the millage rate. Commissioner Kim Rash had also made the offer to forgo his salary in the best interests of the city but since he is up for re-election in November, only Kihm’s salary had been removed from the budget.
The general government budget topped out at $1,783,926 with no major changes from the previously proposed budget.
The code compliance budget came in at $590,666 including increases in the budget for special magistrate hearings and $12,000 for special magistrate hearing engineering if needed.
The budget for the Holmes Beach Police Department topped out at $3,616,206, an increase of about $45,000 due to previously unanticipated increases in insurance costs and $35,000 for the purchase of body cameras for officers.
Public works showed increases in that department’s budget, which comes in at $1,971,893, due to funding for some projects being moved into that department, including the reserve funding from the Hagen Foundation for lighting the shuffleboard and bocce ball courts, Hill said.
The building department’s budget came in at $866,406, including an increase for additional staff training to reduce outsourcing.
Commissioners thanked Hill and the city staff for working to find a way to meet the city’s needs without increasing the millage rate.
“I think it’s a very fair budget,” Commissioner Terry Schaefer said.
“This is a very difficult budget year for the city,” Commissioner Jim Kihm said. “I think it’s a good budget and one that I can support.”
Commissioners will host a second public hearing and final vote for the millage rate and budget on Tuesday, Sept. 22 at 6 p.m.
HOLMES BEACH – After being extended by Mayor Judy Titsworth on a weekly basis three times, commissioners have voted unanimously to extend the mandatory face mask ordinance for a little longer – until their first meeting in January 2021.
The city’s initial ordinance requiring anyone in a Holmes Beach business or public building to wear a face mask, unless exempt by a health condition or age, was adopted by commissioners June 25 and expired on Aug. 25. Since the expiration, Mayor Titsworth has been extending the ordinance for seven days at a time under a mayoral directive allowed by the city- and state-declared states of emergency. Currently, the Florida state of emergency, extended by Gov. Ron DeSantis, is set to expire in early November, though city attorney Patricia Petruff said she expects the state of emergency to be extended again due to the COVID-19 pandemic.
Commissioners agreed to take the burden of extending the mask mandate off the mayor’s shoulders and extend it for a period longer than seven days. After discussing several different end date options, they settled on the end of the year, amending the end date to their first meeting in January. The decision was made to extend it into 2021 to avoid any potential lapses in the mask regulations in case the mask mandate needs to be extended again due to the threat of the coronavirus.
Commissioner Terry Schaefer said if the threat of the virus has receded prior to the expiration of the ordinance, commissioners can vote to rescind the mask mandate.
Holmes Beach Police Chief Bill Tokajer said the mask mandate has been working well and that enforcement also has gone well with the city’s business owners supporting the measure. He added that his officers are doing spot checks at local businesses to ensure compliance and that only one issue has arisen where a business manager called the department because a patron refused to wear a mask while inside. Tokajer said the individual was cited for trespassing and removed from the property.
Commissioner Pat Morton said he felt the ordinance was working well to help protect both visitors and residents from the virus’ spread. Commission candidate Jayne Christenson agreed, adding that she thinks it’s a good ordinance.
Because the ordinance was enacted to address a declared emergency it does not have to have a second reading or vote, which is normally required for ordinance approval in Holmes Beach.
The above-the-fold headline in a national newspaper a couple of weeks ago said this: “Home sales reach lofty heights.” My real estate heart started fluttering even before I read the first sentence, and by the time I was done, I was swooning.
As it turned out, my flutter was well-deserved and somewhat understated. According to the National Associations of Realtors, existing home sales rose 24.7% in July from a month before; just to be clear, that’s one month. The annual increase in sales from July of last year increased 8.7%. The last time sales activity was this high was in December of 2006.
These are spectacular numbers nationally, leading Lawrence Yun, the National Association of Realtor’s (NAR) chief economist, to say, “the housing market is actually past the recovery phase and is now in a booming stage.” A strong housing market is always a positive sign for the economy; home purchases lead to increased spending across the board on furniture, appliances, renovations and landscaping.
How is all this possible? We’re still in the middle of a pandemic. Millions of people are out of work, it’s summer and it’s an active hurricane season. The answer in part appears to be that Americans are totally rethinking where and how they live and they are not wasting any time looking for a change in lifestyle. According to a survey by realtor.com, about 40% of home buyers are looking to buy soon and are not waiting for the virus to slow down.
Everyone wants a reboot after being stuck at home for five months watching the walls closing in. Condominium owners want single-family homes and single-family homeowners want larger and more spread out property. City dwellers want the suburbs or country living and everyone wants to change the negative features in their homes that they may have just noticed. This activity is not only affecting the resale market but the new home market, which represents about 10% of the real estate market, is also roaring back.
And speaking of spectacular, Manatee County’s sales numbers for July are right up there with the national numbers.
There was a 26.7% increase in the sale of single-family homes from July of last year to this year. The median (half above, half below) price of single-family homes was $358,963, a 10.5% increase from last year. It should be noted that the national median home price for July was $304,100 – a record high.
The single-family average sale price was $476,011, an increase of 21.7%, with a median time to contract of only 37 days. Pending inventory was up 25.7%, and we’re still suffering from a serious lack of inventory down to only 2.3 months available properties.
Condos closed 16.5% more units in July over last year and the median sales price was $220,000, up 15.2%. The average condo sale price was $270,527 up 24.9% from last year and the median time to contract was 64 days. Pending inventory is up 42% and the month’s supply of available properties is 3.6%.
Another interesting turn is that nationally, first-time buyers accounted for 34% of sales in July per the NAR. Many of these first-time buyers are millennials who are being motivated by the virus to get off the sidelines, start families and adjust their lifestyles. This is a surprise to me but it’s true, a lot of young people are working remotely, still getting paid and for some reason don’t want to let the virus dictate their future. Good for them.
Well, now that my heart’s rhythm is back to normal, I can stop worrying about the real estate market for a while and concentrate on COVID and hurricanes; there is always something. Stay safe.
MANATEE COUNTY – A disagreement between Holmes Beach city leaders and the ownership at the Bali Hai Beach Resort has escalated, resulting in two hearings held the week of Aug. 17.
On Aug. 19, two issues involving the Bali Hai were brought before city special magistrate and attorney Michael Connelly for review. The first was construction work done without a permit and in violation of a stop-work order. The second was alcohol sales on the premises without an approved site plan. Arguments on those same issues came before Manatee County Judge Charles Sniffen during a hearing Aug. 21 on the city’s complaint for injunctive relief and motion to compel the defendant, Bali Hai JV LLC, to respond to the city’s complaint.
In the Aug. 21 court hearing, Sniffen ruled that the hotel’s ownership has five business days, until Aug. 28, to respond to the city’s complaint. The city’s motion for an injunction, to stop occupancy of and business in a small two-story accessory building on the property, was continued to a future date as the questioning of witnesses and presentation of evidence went over the time limit allowed.
Attorney Erica Aguello, speaking on behalf of the city, said that city leaders are seeking an injunction to stop alcohol sales on the property without an approved site plan and stop occupancy of the building until permits can be secured and work completed on the second floor of the building.
The Bali Hai is currently owned by Bali Hai JV LLC, a Florida limited liability company that lists law firm Najmy Thompson P. L. as the registered agent and local developer Shawn Kaleta as the manager of the LLC. During the hearing, attorneys for the defense acknowledged Kaleta as the owner of the hotel.
The city’s issues with the Bali Hai began in late January, according to evidence submitted by the city. During the evidentiary hearing, Building Official Neal Schwartz said that he was called out to the site Jan. 24 by code compliance Officer James Thomas to investigate work being done on the accessory building without a permit.
A photo taken in January shows the partially demolished state of the upstairs section of a two-story accessory building at the Bali Hai. – Submitted
Schwartz said the first issue he noted was that railings were being replaced on the second floor of the accessory building without a permit or city approval of the railing material to make sure it meets Florida Building Code standards.
Upon further inspection, Schwartz said that part of the upstairs of the building had been gutted down to the studs without permits and that office workers were occupying another area while work was going on, also in violation of building codes. Since it was now a life safety concern, he said that West Manatee Fire Rescue Fire Marshal Rodney Kwiatkowski was called out to the scene and ordered the second-floor egress onto the balcony to be boarded up and the office workers to evacuate the building.
Meanwhile, Schwartz issued a stop-work order on the accessory building until permits could be granted for the work being done. He said that at the time, the bottom floor of the building was being used as a storage room. Schwartz said he did later give property management permission to paint the walls and the floors of the downstairs room since that type of work would not require a permit.
This photo, submitted into evidence during an Aug. 21 hearing, shows the state of the lower floor of the accessory building, seemingly being used for storage in late January. – Submitted
When Schwartz and Thomas returned to the property in March, Schwartz said that there was a significant change in the downstairs area, primarily that it appeared to have been renovated and was in use as a bar and lounge area with an adjacent storage area in the back.
While having an onsite bar, restaurant or lounge is an approved accessory use in Holmes Beach for a hotel, it is required that the hotel’s owners submit a new site plan for approval by the city before any alcohol sales take place on the property.
While Schwartz admitted that some of the work done on the bottom floor of the accessory building, such as painting and installing shelves, didn’t require a permit under cross-examination from attorney Jason Miller, speaking on behalf of the owner, he said some of the work, such as remodeling bathrooms, did require a permit and was done in violation of a stop-work order.
Miller argued that the work done in the accessory building didn’t require permits and that the issues between the resort owner and the city were the result of several miscommunications on behalf of the city’s representatives.
When code compliance officers revisited the property in March, they noticed a large change in the bottom floor of the accessory building, primarily that work had been done without consulting the city and that it was now open as a bar and lounge. – Submitted
When the court hearing continues, Sniffen will hear more from Schwartz along with testimony from City Planner Bill Brisson as well as witnesses for the defense. As of press time for The Sun, the continuation of the hearing had not yet been scheduled.
Many of the same points were put before Connelly during the Aug. 19 special magistrate hearing. Connelly ruled that the property owner had 30 days from the hearing date to obtain permits and start renovations on the top floor of the building as well as 30 days to obtain a site plan approval from the city. He did not address whether or not service in the bar/lounge area was required to stop until compliance with city and Florida building codes was achieved.
HOLMES BEACH – Attorney Michael Connelly had his hands full on Aug. 19 when he reprised his role as the city’s special magistrate, hearing seven code compliance hearings in one day.
The first case involved cabanas, wood decking and electrical work at the recently renovated Anna Maria Beach Resort, 6306 Gulf Drive, formerly known as the Blue Water Resort. Code Compliance Supervisor James Thomas presented evidence, along with Building Official Neal Schwartz, that there were no permits filed or issued for the poolside cabanas, the electrical work or the wood decking by the pool. Speaking on behalf of the owner, attorney Aaron Thomas said that his client was attempting to work with the city to correct the issues. Connelly ruled that there was a violation on the wood decking and electrical work and gave the owners 21 business days to provide requested supplementary data. The city has 10 days after that to review the data and determine the next steps, if permits can be issued or if a full site plan review needs to take place. Joseph Varner, of Anna Maria Vacations in Holmes Beach, is listed as the Blue Water Resort AMI LLC’s manager by the Florida Division of Corporations.
The second case involved a home owned by 305 73rd LLC at 305 73rd St. that had been tagged as a dilapidated and unsafe structure. Developer Shawn Kaleta is listed as manager. Thomas said the first notice of violation was posted at the home, which was then open to the elements in a state of construction with an overgrown yard and building materials scattered across the property.
Thomas said it took until Aug. 3 for the structure to be boarded up against intrusion and it was the city that hired the contractor to complete the work. Schwartz said that before the property was seemingly abandoned, there was an active permit to replace the roof, but that construction had clearly gone beyond the scope of work with the entire building gutted. He issued a stop-work order on the property and has been working with the contractor on the project, whom Schwartz said has neglected to turn in proper paperwork to have the stop-work order removed.
Attorney Michael Connelly serves as the Holmes Beach special magistrate during a series of code compliance hearings Aug. 19. – Submitted | Sun
Connelly ruled that the property owner has 30 days from the date of the hearing to obtain a permit and begin either rehabilitation or demolition of the structure. He also ordered a fine of $250 per day beginning on Aug. 19 and that the owner pay $127.24 in administrative costs.
Two cases were heard in one hearing, both of them involving the Bali Hai Beach Resort, 6900 Gulf Drive. The first case involved work being done on a small building on the property without a permit and the second for alcohol sales on the premises without an approved site plan. Connelly ruled that there was a change in use on the property without an approved site plan and that work was done without a permit and construction work was done with an outstanding stop-work order issued.
Connelly gave Shawn Kaleta, listed as manager of Bali Hai JV LLC, 30 days to obtain permits and start construction on the property and 30 days to obtain the necessary site plan approvals. He ordered Kaleta to pay $127.24 in administrative fees for both cases and said he would schedule a hearing to impose fines once the structure is brought into compliance.
Kaleta came under fire again in the final three hearings, which were combined into a single hearing. The property in question this time was The Anna Maria Island Inn, previously known as the Pirate’s Den, at 3501 Gulf Drive. The code issues Thomas said he found with the business include renting vacation rental units without vacation rental certificates (VRC), work done without permits and a zoning violation for renting units daily in an R-4 zone, where rentals must be seven days or more.
Part of the case presented by the city involved two bottom floor units that Schwartz said were constructed in a previous storage area without permits and below allowable elevation for the area under the Florida Building Code for the time when the building was first erected.
The attorney for the owner, Louis Najmy, argued that the property was purchased during the COVID-19 pandemic and that the two bottom floor units were already in place and that the property has a history of renting units for a single night. He added that the rentals are taking place with VRCs in place, but that the VRCs aren’t in the current owner’s name. He said that the bottom two units have ceased to be rented until an agreement could be reached with the city but that the remaining units have guests and future reservations.
Connelly ruled that there were multiple violations on the property and ordered that the signage and advertising be changed to remove the daily rental option. He also gave 30 days for the owner to obtain permits, complete work for A/C units that were installed incorrectly, and remediate the bottom units, returning the area to storage space. He ordered the owner to pay $127.24 per case but no fines unless the property isn’t brought into compliance within the specified amount of time. He also ordered that the remaining units cannot be rented until new VRCs can be obtained in the current owner’s name. The VRCs cannot be issued by the city until the property is brought into compliance and the stop-work order issued for the A/C units and plumbing work done without a permit is removed through proper permitting.
HOLMES BEACH – Commissioners support The Center of Anna Maria Island’s mini reef project, however, budgetary concerns have them hoping that residents will donate to purchase a reef instead of the city spending tax dollars.
Commissioners Kim Rash, Terry Schaefer and Carol Soustek voted to institute an adopt-a-reef program to help further the request of The Center’s Director of Development, Jim McDaniel, for 20 mini reefs.
The project would place the reefs in the waters around Anna Maria Island, primarily underneath city-owned docks, at a cost of $7,300. After hearing from McDaniel, commissioners discussed the prospect of buying the requested reefs. While they said they consider the project a worthwhile endeavor to help clean the waters around the Island, with the budget constraints the city is already facing in the coming fiscal year, they didn’t feel that the added expense was one they could bear.
After consulting with City Treasurer Lori Hill, commissioners discovered that they couldn’t use funds donated by the estate of Billie Martini for the purchase, and decided that they also couldn’t in good conscience use taxpayer ad valorem funds, which are forecast to be less than what the city needs in the coming fiscal year. The adopt-a-reef program was a compromise, putting the approval of Holmes Beach city leaders behind the project without committing any city funds.
Under the adopt-a-reef program, Holmes Beach residents, business owners and other community members are encouraged to adopt one of the reefs, to be placed in approved spots underneath city-owned docks. The reefs are $365 each to purchase, which includes the reef and installation by Ocean Habitats as well as a donation to The Center.
Mayor Judy Titsworth said that while she appreciates what The Center is trying to do for the community and its waters with the mini reef project, she’s more in favor of seeding clams or scallops which leaves no unnatural products in the water and also works to clear the water of contaminants. She also expressed concern that installing the reefs underneath the city-owned T-end docks might dissuade people from wanting to rent the docks for their boats. She also worried that the floating mini reefs might rub up against boats.
Commissioner Pat Morton agreed that he would prefer a natural solution to local water issues instead of supporting the reef project. Commissioner Kim Rash said that while he supports a natural approach, he also supports what The Center is doing and that they have a solution being implemented now. Commissioner Jim Kihm said that he shared some of the mayor’s reservations, particularly when there are other options available.
To donate to The Center’s reef project, visit the website or contact the nonprofit at 941-778-1908.
MANATEE COUNTY – Members of the Palma Sola Scenic Highway Corridor Management Entity (CME) met Aug. 12 and discussed what’s going on with the two boat ramps on Manatee Avenue West.
Liza Click with the Manatee County Parks and Recreation Department said that the anticipated changes and repairs at Kingfish boat ramp in Holmes Beach are still in the planning phases.
“Nothing is moving forward until we see a concept drawing,” Click told her fellow CME members. While some trees have been marked at the boat ramp, she said the marking was only done for a survey and it doesn’t indicate that those trees will ultimately be removed.
Holmes Beach Mayor Judy Titsworth told her city’s commissioners during a July meeting that she had been given an overview of the planned changes to Kingfish which include the addition of pervious pavement in the parking area, an expansion of the parking area for vehicles with boat trailers, resurfacing of the boat ramps and removal of the Australian pine trees that provide shade to boaters and picnickers who use the park.
Currently, Manatee County has nearly $5 million budgeted for the work at Kingfish with $450,000 in the 2019-20 fiscal year and $4.5 million in the 2020-21 fiscal year.
At the Palma Sola boat ramp, the small craft boat launch area on the southwest side of the Palma Sola Causeway on Manatee Avenue, Click said work is ongoing. The boat ramp, which has been closed since Manatee County took responsibility for it from the city of Bradenton in 2019, has recently undergone dredging and workers have been resurfacing the ramp and are performing repairs to the dock.
Repairs at the Palma Sola ramp are expected to be completed by the Sept. 30 end of the fiscal year.