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Blue-green algae and red tide found in local waters

Red tide, blue-green algae persist in local waters

Updated Friday, May 17, 2019 – ANNA MARIA ISLAND – Red tide and blue-green algae persist in local waters, according to today’s reports from state and federal environmental agencies.

Very low concentrations of red tide documented on May 13 are predicted to remain at least until Monday, May 20, according to today’s report from the University of South Florida/Florida Fish and Wildlife Conservation Commission Collaboration for the Prediction of Red Tides.

Red tide, blue-green algae persist in local waters
The red tide forecast through May 20 shows low concentrations on the southern half of Anna Maria Island.

No fish kills or respiratory irritation were reported in today’s Florida Fish and Wildlife Conservation Commission (FWC) report.

Report algae blooms to DEP at 855-305-3903 or online.

Report fish kills to FWC at 800-636-0511.

Red tide was found in water samples at the Coquina Beach South boat ramp on May 13 in very low concentrations, according to the FWC.

The report was the first sign of red tide since February, when a bloom disappeared that originated in October 2017 in Southwest Florida, appearing in Island waters in August 2018.

Background concentrations of the algae that causes Florida red tide, Karenia brevis, have no discernable effects on people or marine life. However, in very low concentrations and above, red tide cells emit a neurotoxin when they bloom that can cause shellfish closures and respiratory irritation in people, especially those with asthma, COPD or emphysema. In low concentrations and above, red tide can be deadly to marine life.

Red tide, blue-green algae persist in local waters
The FWC shows Manatee County as the only place in the state with detectable levels of red tide.

Scientists say that salinity, currents, temperature and light play a part in the formation of red tide blooms, as do nutrients from Florida’s natural phosphate and limestone deposits, Caribbean seawater brought to Florida’s west coast on the Loop Current, the Mississippi River, Saharan dust blown across the Atlantic Ocean to Florida’s waters, and fertilizer and animal waste runoff.

Blue-green algae tests negative for toxins

Blue-green algae also remains present in local waters but has tested negative for toxins, according to the Florida Department of Environmental Protection (DEP).

Blue-green algae was detected in water samples in Anna Maria Island canals, Holmes Beach bayside and Palma Sola Bay on May 9. Tests released on Thursday, May 16 show that in all three locations, the “filamentous cyanobacteria (Lyngbya-like)” growths are not toxic.

The algae is not the same blue-green algae species that plagued Lake Okeechobee for several months last year, microcystis aeruginosa, according to DEP.

However, non-toxic blooms can harm the environment by depleting oxygen levels in the water column and reducing the amount of light that reaches submerged plants, according to DEP.

Some blue-green algae can produce toxins that can make people and pets sick if swallowed, and can cause skin and eye irritation if contacted, according to DEP, which advises beachgoers and their pets to stay out of the water if algae is visible as specks or mats, or if the water is discolored pea-green, blue-green or brownish-red.

Toxins also can be inhaled. If people or animals splash or if boats create wakes in water bodies with blue-green algae, the cyanotoxins in the algae can release into the air. The toxins mix with water droplets and spray, making them easily inhaled by people and animals, according to the Florida Department of Health (DOH).

For some people, blue-green algae can cause rashes, stomach cramps, nausea, diarrhea and vomiting. People who are very sensitive to smells can experience respiratory irritation. Sometimes, high exposures of toxin can affect the liver and nervous system, according to DOH.

The World Health Organization considers toxin levels under 10 micrograms per liter to represent a low-level risk for adverse health outcomes from short-term recreational exposure; however, they advise that certain sensitive populations, including children, the elderly and immunocompromised individuals may still be at risk even at low concentrations and should avoid any exposure.

Filamentous cyanobacteria (blue-green algae) are found worldwide and are a natural part of freshwater, brackish, and marine environments in Florida, according to Mara Gambineri, director of communications at DEP.

The growth of blue-green algae typically increases in the spring and summer months when water temperatures and daylight hours increase, she said.

Filamentous cyanobacteria are photosynthetic organisms, like plants, meaning they can convert sunlight into energy. To do so, they need nutrients like carbon, nitrogen and phosphorus from their environment. Higher levels of these nutrients in the water and sediment can lead to higher levels of filamentous cyanobacteria growth, according to DEP.

For this and other reasons, Florida law bans the use of phosphorus and nitrogen fertilizers during the rainy season, June 1 through Sept. 30.

Other factors that contribute to blooms include warm temperatures, reduced water flow and lack of animals that eat algae, Gambineri said.

Blooms of filamentous cyanobacteria can form brownish floating blobs or mats that begin to decay and emit a foul, rotten egg odor caused by the production of hydrogen sulfide gas and other organic breakdown byproducts, she said.

A different type of growth, Lyngbya majuscule, was detected in water samples from Sarasota Bay at Whitfield Avenue in south Manatee County on May 8; no toxins were found.

Unregistered Airbnb being fined $250 per day

Airbnb compliant; will not be fined

ANNA MARIA – The city of Anna Maria has concluded that the Airbnb at 302 North Shore Drive does not have to be registered as a vacation rental because it is owner-occupied and has onsite management.

Airbnb operators responsible for tourist tax collection

MANATEE COUNTY – Are you operating or considering operating an Airbnb on Anna Maria Island or elsewhere in Manatee County?

If so, you may want to research the tourist tax requirements imposed on those who rent their property or a portion of their dwelling through Airbnb, VRBO, HomeAway and other online advertising platforms.

Using red letters highlighted in yellow, the following notice is posted at the Manatee County Tax Collector’s website: “Attention all Airbnb, HomeAway and VRBO customers. Please note that Manatee County is not contracted with Airbnb, HomeAway, VRBO or any other third-party vendor. Therefore, it is your responsibility to collect and remit the 5 percent tourist tax to the Manatee County Tax Collector.”

The county’s tourist tax is applicable even if the rental is owner-occupied or has on-site management.

“It doesn’t matter if the person lives on the property. For a short-term rental six months or less, even if it’s a bed, the 5 percent is still due,” said Jan Hilker, assistant to the Manatee County Tax Collector, when contacted last week.

According to the tax collector’s website, “At this time Airbnb only collects and remits the 6 percent sales tax and the 1 percent Manatee County surtax to the Florida Department of Revenue.”

The website also says, “Florida Statute 125.0104 states that every person who rents, leases or lets for consideration any living quarters or accommodations for a term of six months or less should collect and remit the 5 percent tourist development tax and the 7 percent state sales tax.

“While some property owners may simply be unaware of the law, others know the law but choose to evade it. The revenue from this tax helps your local economy. The tax is used to promote and advertise tourism, operate the Bradenton Area Convention Center and finance beach renourishment,” according to the tax collector’s website.

According to the Airbnb website, “In areas that Airbnb has made agreements with governments to collect and remit local taxes on behalf of hosts, Airbnb calculates these taxes and collects them from guests at the time of booking. Airbnb then remits collected taxes to the applicable tax authority on the hosts’ behalf.”

Sarasota County is among the Florida counties that have agreements with Airbnb. Rather than enter into such an agreement, Manatee County Tax Collector Ken Burton Jr. chose to file a yet-to-be-resolved lawsuit against the Delaware-based, San Francisco-headquartered company in April 2018.

The lawsuit seeks from the 12th Judicial Circuit Court a declaratory judgment declaring the tourist tax imposed by Manatee County is due on the amounts received by Airbnb for the rental of private homes, dwelling units or rooms in private homes in Manatee County.

The lawsuit seeks a court order requiring Airbnb to maintain and preserve its records pertinent to the transient accommodations of its clients in Manatee County. The lawsuit also seeks a court order requiring Airbnb to submit an audit of its books and records relating to the short-term rental of transient accommodations in Manatee County.

For more information visit www.taxcollector.com and www.Airbnb.com.

At an April 30 code enforcement hearing, Special Magistrate Karla Owens levied a $250-per-day fine on the rental’s corporate property owner, DLVAMI 302 North Shore LLC. The fine was to accrue until the rental property was registered in accordance with the city’s vacation rental ordinance.

Airbnb is compliant and will not be fined

The Manatee County Property Appraiser’s website lists the LLC as the duplex owner with an Anna Maria Post Office box as the LLC’s mailing address. State records list Denise Valley as the LLC manager and 302 North Shore Drive as the address for the LLC, dissolved in September.

The Airbnb website lists Valley’s son, Floyd Calhoun, as the property’s Airbnb host. On Friday, Calhoun met with Mayor Dan Murphy.

“The matter has been resolved and the fines have been eliminated. The city found out this address is Mr. Calhoun’s permanent residence, so, therefore, according to the language in our ordinance, it’s not a vacation rental because he has on-site management,” Murphy said Friday afternoon.

Adopted in 2015, Anna Maria’s vacation rental ordinance says: “It is the intent of this chapter to regulate vacation rentals as defined by Florida Statutes, as well as other transient public lodging establishments that do not have on-site management.”

Calhoun’s thoughts

On Saturday morning, Calhoun met with The Sun to discuss these recent developments.

“The mayor was very gracious. He acknowledged the mistake, apologized and said we’re going to fix this and make it right and retract the entire thing,” Calhoun said.

Calhoun said he, his mom and his three children live in half of the elevated duplex. The other half is used as an Airbnb rental. Calhoun showed his Florida driver license that lists 302 North Shore Drive as his address.

Calhoun said he’s continually maintained an office at that address for the past 10 years and has lived there most of that time. He also uses the ground-level office for his Here Realty business operations. According to the Florida Department of Business and Professional Regulation, Calhoun is licensed as a real estate broker.

Calhoun said the family property was previously used as a VRBO rental and was first advertised as an Airbnb rental last fall. Calhoun said he was surprised this became an issue because similar concerns were raised and resolved in 2016 when Pam Gibbs served as the city’s code enforcement manager.

On July 19, 2016, Calhoun received an email from Gibbs that said, “Per our conversation this morning, I have closed the case and rescinded the citations for noncompliance with the vacation rental ordinance. Since you are occupying one part of the property you are not required to be registered.”

Debbie Haynes now serves as code enforcement manager. Calhoun’s Airbnb operations were brought to the city’s attention in October by the firm the city contracts to conduct online searches for unregistered vacation rentals and those advertising excessive occupancy.

During the April hearing, City Clerk LeAnne Addy said three warnings and notice of the hearing were sent to the LLC’s post office box and no one responded.

The North Shore Drive property and the LLC are currently the subjects of foreclosure proceedings. Calhoun said those proceedings date back to the previous owner and also stem from his own divorce.

When asked why no one responded to the city’s communications, Calhoun said, “Anything coming in for DLV went straight to the attorneys because of the foreclosure.”

Calhoun said if he had known about the hearing, he would have attended, shared the email he received from Gibbs and shown the special magistrate his driver license.

Calhoun suggested the city do a little more due diligence before assuming any wrongdoing, but he acknowledged there aren’t many owner-occupied duplexes left in Anna Maria.

He then praised Murphy and commissioners Brian Seymour and Dale Woodland for helping bring the city to a point where vacation rentals and vacation rental owners are no longer “villainized.”

“With the exception of this weird little anomaly, I think they’ve done a really good job of getting everything in order and becoming more business-friendly and even more vacation rental-friendly,” Calhoun said.

Related coverage

Unregistered Airbnb fined $250 per day

County collecting tourist tax from most Airbnb owners

County plans to pursue Airbnb users for taxes

 

 

 

Sato Real Estate gets their first win

Sato Real Estate gets their first win

Thursday night May 9 the defending adult co-ed soccer champions, Sato Real Estate, took to The Center of Anna Maria Island field against a tough Jiffy Lube team looking for their first win of the season. Off to a rough start, Josh Sato’s team lost their number two draft pick Joe Jones to a torn Achilles tendon only to be replaced by Zachary Lieb, a top choice any season.

With Lieb and two strong female teammates, Alta Bujarski and Sumiko Chipman, the purple team looked to be on their way to another tied ballgame, but in the high scoring game, Sato Real Estate earned their first win of the season.

Goalkeeper Jason Sato, older brother to Josh, was kept busy in the net with nine saves in the night. At the opposite end of the field, now veteran goalie Robb Marshall had eight saves of his own.

Jiffy Lube’s Ricky Anderson started the scoring action after four minutes of play giving his brother’s team an early lead.

A quick shot by Chipman missed the target but started the shooting effort by Sato Real Estate. R. Anderson made another strike at the net that was saved by Jason Sato.

Sato Real Estate’s Lyn Clarke showed why he is still a force to be reckoned on the pitch at the age of 79 with three goals in the game. Finding the perfect open position by the opponent’s net in a league with no offsides rule, Clarke scored his first goal of the evening, tying the game 1-1.

In the eighth minute of the game, team captain Josh Sato dribbled the soccer ball all the way down the pitch. Feeling the defenders coming strong, Sato passed to Murat Akay who gave it back to his captain for the shot and goal, giving his team the lead 1-2.

On the next possession, Lieb took a hard shot that went off the right post. Chipman struck again with a scoring attempt that was saved by Marshall.

With less than 10 minutes left in the first half of play, the soccer ball was batted around in front of the Sato Real Estate goal before Jiffy Lube’s Nick Bolli found his foot on the ball for the strike and goal, once again tying the game with the score at 2-2.

Three minutes later, Jiffy Lube moved the ball down the field with precision with passes from team captain Danny Anderson to Omar Polar to be finished by Stetson Mathews for the team’s third goal of the game.

With the score at 3-2, D. Anderson put the ball to the feet of Eliza Falliace. Fighting for possession, Mathews kicked the soccer ball out of bounds giving Sato Real Estate the goal kick.

On an unlucky goal kick by Jason Sato, D. Anderson got the ball right in the middle of the field to just outside of the goalie box. Giving D. Anderson this opportunity is almost always guaranteed goal. Not disappointing their fans, Team Jiffy Lube put another point on the scoreboard to go ahead by two goals with the score at 4-2.

Chipman found a clear field ahead and took the ball to the left corner of the Jiffy Lube box before passing to Akay. Akay’s shot went right into the hands of Marshall for the save.

To start the last 25 minutes of play Akay had two consecutive goals to tie the game to tie the score 4-4.

Unable to handle the strike by Chipman, Team Sato Real Estate once again took the lead on the Marshall mishap, moving the score to 4-5 with 14:35 left on the clock.

The Sato Real Estate squad moved the ball down the field again and finished with another goal by Clarke 90 seconds later.

Team Jiffy Lube came back with a goal of their own with a strong pass by Polar to Falliace in front of the goal. Falliace took advantage of her position with a missile that would have gone in the net but was assisted by Anil Akbulut to take the score to 5-6.

Holding on to the lead, Josh Sato, sporting two different cleats, worked hard to move the ball on the field, getting it to Lieb. Lieb’s strike was stopped by Sean Flynn who was now in goal for Team Jiffy Lube.

Clarke’s next shot was stopped near the close of the game. Team Sato Real Estate took its seventh goal in the game and the win by two points.

Related coverage

 

Castles in the Sand

Falling in love with a second home

Last week we had a conversation about financing second homes and some updated government regulations about renting. We even touched on the pending Florida legislation regarding short-term vacation rentals, but this week we’re going to talk about the practicality and affordability of second homes and falling in love.

Vacation homes are the ultimate discretionary purchase just above recreational boats. The one thing both of these big-ticket items have in common is the emotional aspect that manifests itself by the warm tingle that overwhelms you when you set eyes on the object of your affection. But be careful, it’s dangerous to fall in love so quickly and requires a great deal of vetting.

A vacation home should make you feel like you’re on vacation when you walk in the front door. You don’t want to step in and notice the peeling paint, mold or the ancient appliances. You also don’t want something too big or high maintenance that it infringes on what should be a relaxing time. Technology will make some of this easier to manage as well as making your property more secure when you’re not there. You can control the heating and cooling, unlock the doors should a contractor need to get in and set up cameras to see if something looks not quite right.

That said, if you’re finding your vacation home overwhelming then your future buyer will feel the same way. Vacation homes live by an entirely different set of criteria than your full-time home. The location should be the prime motivator in making a second home decision and worry more about views, beach access and walkability than the quality of schools. According to the National Association of Realtors, the most popular vacation home locations are resort areas and beach locations which account for 66 percent of the market.

If you’re considering purchasing a vacation home with a partner or partners here are a few points to consider. What is each partner’s usage schedule? Unless you are really cozy with your partners, you need to carve out some private time for you and your family. Also, are friends or family of one the partners always welcome even if the owner is not with them? Should the property be rented part of the year to cover expenses and how will the maintenance costs be managed? And who gets the final say on picking upgrades like paint color, furniture or air conditioner and appliance replacement?

And the biggest consideration is what if one of the partners wants out for personal or financial reasons? An escape hatch needs to be developed and agreed on by all partners before purchasing. Some of the things to address are the timeframe, the minimum number of years to own and a buyout arrangement or selling the property.

Finally, many Florida second homeowners decide to convert their second home to their full-time residence for tax purposes. This option is becoming more and more popular as taxes in northern states continue to go up. Keep in mind that the state of Florida has a very advanced way of keeping track of how long Florida residents spend in another home they own, so keep good records since the burden of proof will be on you.

Pretty soon we may all need vacation homes to relax since I recently read that 6,000 new homes will be built on the north side of Manatee County. Our quiet little corner of the world is no more, but at least we all fell in love at the right time.

More Castles in the Sand:

One of our favorite topics

Floods, saltwater and freshwater

Taxes come and gone

AMI Paddlers Make Splash at Dragon Boat Championship

AMI Paddlers make splash at Dragon Boat championship

The Anna Maria Island Dragon Boat Paddlers from Paradise competed in the Southeast Regional Dragon Boat Championships at Sarasota’s Nathan Benderson Park on Saturday, May 11. There were 35 of the best dragon boat teams from the Southeastern states at the festival trying to qualify to go to the U.S. National and International Club Crew Championships.

The AMI Paddlers from Paradise had a women’s team finish second in the Premier Women’s Division and the fifth overall women’s team in the Southeast. It was an incredible achievement for the AMI women’s team which broke all their team records for the 200M, 500M and 2K races.

The AMI Paddlers are Lauri Burton Graham, Evelyn Silverthorn, Lynn Kravontka, Gail Trombley, Mileah Hudgins, Mandy Boyers, Lauri Fern, Courtney Nunemaker, Susan Lee, Marion May, Judy Gidus, Sandy Bouwer, Stacey Jiles Hanik, Jill St. John, Leigh Gardner, Lori Stuckey, Vanessa Burns Peterson, Diane Goolsby, Patty Reed, Gail McCall, Joanne Yacono-Brandt, Rick Granite (steersman), Melinda Bradway (paddler and head coach) and Craig Bradway (assistant coach).

AMI Paddlers from Paradise are sponsored by Beach Bums, Harry’s Bar & Grill, howluckyami, TPM Unlimited, Stuckey Automotive and Pookie’s Dragons.

AMI Paddlers are always looking for active men and women that want to be a part of a special community of paddlers. If you’re interested in joining this special Anna Maria Island family, contact Melinda Bradway at 941-462-2626.

AMI Paddlers Food Bank
The Anna Maria Island Paddlers from Paradise took time out of competing in dragon boat races to hold a food bank drive for the week of May 1 to May 8. The food collected went to the Manatee County Food Bank. – Submitted
Multi-use trail extension being pursued

Officials pursue multi-use trail extension

ANNA MARIA – Anna Maria’s city officials want to fill in the city’s share of the gap that still exists between Anna Maria’s multi-use trail and Holmes Beach’s new multi-use trail.

Both concrete trails run along the eastern edge of Gulf Drive.

Commissioner Amy Tripp requested the discussion that took place at the Thursday, May 9 meeting. After approximately 25 minutes of discussion, the commission unanimously agreed to issue a request for proposals that will provide the commission with a firm cost estimate.

Tripp thinks Anna Maria should lead by example and complete the remaining section of her city’s multi-use trail by extending it south from Archer Way to CrossPointe Fellowship’s southernmost driveway. The remaining gap between the church driveway and 85th Street is in Holmes Beach and would be left for that city to complete when possible.

Anna Maria completed its initial multi-use path last fall. It extends north from Archer Way to Willow Avenue. There it connects to North Shore Drive, which provides bicyclists an alternate route through residential neighborhoods.

Murphy said he contacted someone in Holmes Beach and was told connecting that city’s trail to Anna Maria’s trail is not on the books this year. Murphy said he was told those funds might be available next year.

Murphy said Anna Maria could build a five-foot-wide paved trail that would be narrower than the existing trail that is six or seven feet wide in most places and five in others.

Murphy said a five-foot-wide trail extension would not require any trees to be removed or any rights of way to be acquired. Nor would it require any additional sewer or drainage elements.

“$50,000 should cover it, it could be a little bit less,” Murphy said.

Murphy said the expenditure is not included in the current fiscal year budget and he does have some spending reservations due to the unknown final cost of the new Anna Maria City Pier. He also mentioned the approaching hurricane season as another unknown.

Murphy also said he doesn’t want the trail construction taking place during peak tourist season like it did in Holmes Beach.

As a side note, Murphy said he recently learned Anna Maria’s welcome sign is actually in Holmes Beach and may need to be moved.

A show of faith

“It shows good faith on our part,” Tripp said of the proposed extension.

“I agree, I think the sooner the better. It’s also a safety issue,” Commissioner Dale Woodland said.

Commission Chair Brian Seymour said, “I’m all for doing this, but I think it needs to be in next year’s cycle.”

Commissioner Carol Carter said the new budget year starts soon (Oct. 1). If the trail extension is included in next year’s budget the project could be completed in the fall before the heaviest crowds return.

Tripp said it’s worth spending $50,000 to complete a project that addresses public safety.

“If it inspires Holmes Beach to step up and meet us, all the better. I’m all for the pier, but I think we get a little single-issued. It’s all about the pier all the time,” she added.

Woodland said he wasn’t concerned about spending $50,000 in the current budget cycle because the city’s ad valorem tax revenues continue to increase each year.

Commissioner Doug Copeland said, “I could go either way on this. I could see waiting until the next budget. At the same time, we could once again be the leader and finish this project for $50,000 – $50,000 is not going to keep us from building the pier.”

Copeland then suggested issuing an RFP to provide the commission with the funding details needed to decide when to initiate the project.

“If we have to do an RFP it’s not going to be until September anyway,” Seymour said.

Related coverage

Multi-use trail to open along Gulf Drive

Multi-use path approved for Palm Drive

Dog park supporters get answers

Dog park supporters get answers

HOLMES BEACH – Dog park users are feeling a bit better about the future of their pooches’ beloved outdoor space after hearing plans for the park from City Engineer Lynn Burnett.

After a misstep the week before, Burnett and Eron Wasserman from LTA Engineers met with more than a dozen interested community members during an emergency Parks and Beautification Committee meeting held at Holmes Beach City Hall. Burnett assured attendees that while some projects in the city field complex, such as the skate park, seem to be moving forward more quickly than others, there is no priority for these other projects over the planned dog park improvements.

Holmes Beach dog park Lynn Eron
City Engineer Lynn Burnett and Eron Wasserman make adjustments to a map of the dog park to help meet the needs of the park’s users. – Kristin Swain | Sun

Currently, she said demolition of the former tot lot and the skate park is in progress, followed by the relocation of the construction area in the parking area on the northeast side of the complex to the site of the former skate park near public works. The next step forward for the city field complex is to begin grading, drainage and resloping work to improve drainage in the area. During this phase, Burnett said the clay will be removed from the current baseball diamond and, once drainage work is complete, the new surfaces for the dog park will be installed. While some of the drainage and resurfacing is done, she added that the new and current dog parks will be closed due to the fencing having to be removed for a period of about 45 days. The dates that the dog park will be closed have yet to be determined though drainage and resurfacing work is expected to take place beginning in June and continue through August.

In the last 30 days of construction, currently planned for late August and September, Burnett said community members will really see the dog park begin to take shape as the ground cover is laid, fencing is put back up, shade structures are constructed, benches placed, trees planted and other elements are placed in the new park. A soft opening for the new and improved dog park is currently planned for some time in October.

Dog park users seemed pleased with the plan, with some offering suggestions including where to place the four access points planned to the park, one on each side of the fencing, how to place pathways for easy access by handicapped visitors and extending the fence between the small and large dog parks by about eight feet into the planned large dog park to give the small dogs a little more play area. The proposed expansion of the small dog park also would give Burnett the opportunity to relocate the shade structure in the small dog park to allow pet parents to view their dogs playing along the common fence line. Burnett said the shade structure in the large dog park will likely be replaced rather than moved to the new park location because she said moving it would cost more money and would damage the structure.

She recommended using both grass and a shell and sand mixture recommended by the parks and beautification committee for ground cover in the large dog park. Attendees agreed to the idea, but some were concerned that grass in some areas would be worn away by frequent use even with irrigation in the park.

In the future, Burnett said that more public meetings would be held for updates on improvements as the project progresses, beginning with the capital improvement plan update planned to be presented during a future city commission budget work session.

Related coverage

Dog park users disappointed with lack of progress

Dog park construction on hold

Dog park users concerned with city field improvements

Waste Management gets first crack at solid waste contract

Waste Management gets first crack at solid waste contract

ANNA MARIA – Residents may see their trash and recycling bills goes down, but vacation rental owners and Anna Maria business owners may see their bills increase significantly.

Mayor Dan Murphy is now authorized to negotiate a new seven-year contract with Waste Management. If those negotiations are successful, Waste Management will continue to provide Anna Maria’s solid waste services. If Murphy’s cannot reach acceptable terms with Waste Management, he will seek the commission authorization to negotiate with Waste Pro.

Both companies submitted proposals in response to the city’s recent request for proposals (RFP) and both hope to secure the city’s trash and recycling contract.

Bob ten Haaf represented Waste Pro at the Thursday, May 9 commission meeting. Bill Gresham and Jason White represented Waste Management.

Residential rates

Regarding the proposed residential fees, Murphy said Waste Management’s current fee is $59.70 every three months.

“Waste Pro came in at $54.48 for residents and Waste Management came in at $53.79,” Murphy said.

Murphy said the side-door pickup required of non-homesteaded short-term vacation rentals is currently $69.30. He said Waste Pro proposed a new rate of $91.68 and Waste Management proposed $114.

Waste Management is offering to increase the city’s franchise fee from 4 percent to 8 percent of the total gross revenue collected from Anna Maria customers. Waste Pro offered a 12 percent franchise fee, minus tipping fees.

Anna Maria Waste Management
Bill Gresham and Jason White represented Waste Management at the May 9 commission meeting. – Joe Hendricks | Sun

The commission preferred Waste Management’s twice-weekly pickup over the four times a week proposed by Waste Pro. The commission preferred Waste Management’s two-year price lock over Waste Pro’s one-year price lock.

To avoid traffic and reduce congestion, both companies offered to begin pickup services along Pine Avenue one hour earlier, beginning at 6 a.m. instead of 7 a.m.

When ten Haaf addressed the commission, Murphy noted Waste Pro’s proposed franchise fee was a percentage of the gross revenue minus the tipping fees, which is not what the RFP requested.

Murphy said this makes it difficult to make an apples-to-apples comparison. He said he could have disqualified Waste Pro’s bid for that reason, but he wanted to hear more.

In response, ten Haaf said Waste Pro has its own processing company and is not landfill reliant. Based on internal comparisons, ten Haaf said he thinks Waste Pro’s proposed franchise fee is better than Waste Management’s.

When addressing Waste Management, Murphy said he didn’t feel the feel residential rate came down far enough. Gresham said they could negotiate a different rate but that would affect the other rates.

Commercial rates a concern

The conversation became more animated when discussing Waste Management’s proposed commercial fees.

“Your commercial rates are double what the existing rates were. What’s the driver there?” Murphy said.

Gresham said there are only so many revenue sources in the city and they tried to spread everything out as equally as they could.

Commission Chair Brian Seymour said he currently pays about $360 a month for Waste Management trash and recycling services at his Anna Maria General Store.

“That would be more like $500 or $600 a month now. That’s a huge increase,” he said.

“I think you’re putting undue burden on the business community to make up for your other areas. The business community provides a lot of revenues for this city. We also provide a lot of revenue to you guys,” Seymour said.

“When’s enough enough? The business community’s had it pretty tough for the last couple years and to ask us to double our bills? That’s ridiculous,” he added.

“Your statement’s pretty clear. We understand what you’re saying, that would be one of the things negotiated,” Gresham said.

The commission voted 4-1 in favor of Waste Management being ranked first and being given the first opportunity to negotiate a contract with Murphy. The commission must still approve the negotiated contract terms.

When contacted later, Seymour said he thought Waste Pro’s commercial fees were much closer to the current rates.

“In the RFP, the city sought an increase in the franchise fee and lower rates for permanent residents. It seems to me this is lowering the resident’s fees and increasing the city’s fees off the backs of vacation rentals and businesses,” Seymour said.

Seymour encourages Anna Maria business owners to attend the next trash contract discussion and make their voices heard before a final decision is made.

The next commission meeting is Thursday, May 23 at 6 p.m.

Commissioner shares thoughts on 2019 legislative session

Commissioner shares thoughts on 2019 legislative session

ANNA MARIA – On Sunday, May 12, Anna Maria Commissioner Carol Carter provided an email recap of the Florida Legislature’s recently-concluded 2019 legislative session.

“We can breathe a sigh of relief. The 2019 legislative session ended and we are ‘safe’ for another year. Attempts by various legislators to pre-empt home rule of short-term rentals failed. Thanks to all of you who emailed, phoned and wrote letters to committee members – it worked,” Carter wrote.

Failed bills

Senate Bill 1720 sought to expand the scope of Bert Harris claims, but it died without a vote in the Senate Judiciary Committee and never progressed any further. Its companion bill in the House, HB 1383, passed through three House committees, but without a Senate companion died before it ever reached the House floor for a final vote.

“These bills attempted to expand the Bert Harris Act and would have created a universal application if a city granted a variance to the private property rights of any one property that variance would have applied to all ‘similarly situated’ properties,” Carter wrote.

“There were also two other pre-emptive bills you helped kill this session: SB 824 and its companion, HB 987,” Carter wrote.

These bills were another attempt by the state Legislature to preempt the regulation of vacation rentals to the state and take that authority away from Florida cities and counties. Adoption of these bills would have rendered null and void Anna Maria’s vacation rental ordinance, as well as the vacation rental ordinances adopted in Bradenton Beach and Holmes Beach.

“Thankfully, SB 824 was never heard in Senate committee. It was frightening that HB 987 quickly cleared all its committees, but without its companion bill, it too died,” Carter wrote.

Thank you

Carter thanked Senate President Bill Galvano, Senator Joe Gruters and Representative Will Robinson. The three state legislators from the Bradenton-Sarasota area met separately with Carter and Anna Maria Mayor Dan Murphy in Tallahassee on March 20.

“All three understood our plea to ‘Let Cities Work’ and allow home rule to be effective. Thanks also to our lobbyist in Tallahassee, Chip Case, who did all the behind-the-scenes work for us in Tallahassee and set up the March 20 meetings,” Carter wrote.

It’s not over

“Those who wish to eliminate our home rule rights will be back lobbying in Tallahassee again next year. The three Anna Maria Island cities plan to take a proactive stance prior to the 2020 legislative session,” Carter wrote.

She mentioned creating “thumb-drive videos” that show the impact of short-term rentals and the effectiveness of the local home rule efforts that in Anna Maria include annual inspections and the mandatory registration of short-term rentals.

Carter’s email expressed her belief that these local efforts help protect the health and safety of visitors and residents alike.

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Tree house case back in court

Tree house case back in court

BRADENTON – The beachfront tree house at Angelinos Sea Lodge is back in the city of Holmes Beach’s crosshairs as the case goes back to Manatee County Circuit Court to be heard by Judge Edward Nicholas.

Both sides met in chambers April 29 to discuss the city’s motion for summary judgment and tree house owners Lynn Tran and Richard Hazen’s complaint for declaratory judgment and a more definitive statement from the city.

The attorney for the owners, David Levin, told Nicholas that the complaint for declaratory judgment was filed on behalf of his clients in 2013 and was never heard. Now that the complaint is being heard, he asked for the opportunity to update the complaint to include all of the activity on the case in the past six years. Attorney Jim Dye, representing the city, did not object to the request and commended Levin for bringing the issue up before the court. Nicholas granted the request, giving Levin 20 days to submit the amended motion and the city 20 days after that to respond before the complaint is heard by the court.

Also to be heard with that motion is the city’s motion for summary judgment. The city’s motion, submitted by Dye, requests that the court rule in favor of the city without further delay, requiring Tran and Hazen to not only remove the tree house from its Australian pine and wooden pole supported perch on the beach but to also pay the mounting code enforcement violation fines, which accrue daily for as long as the tree house remains aloft, along with other assessed fines and attorney fees.

The code enforcement fines alone amount to over $65,000. If granted, the motion would also allow the city to forcibly remove the tree house if the owners refused to take down the structure.

Levin said the owners’ complaint for declaratory judgment was filed prior to the code enforcement hearing in 2013.

Nicholas said that he doesn’t believe it matters in what order the two cases are heard. He said that if the motion for summary judgment was heard first and he ruled in favor of the city that he would stay the ruling until the motion for dismissal could be heard.

A date to hear both motions is planned to be scheduled for some time in the summer.

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Magistrate rules in city’s favor on noise citation

Magistrate rules in city’s favor on noise citation

ANNA MARIA – In addition to her unregistered Airbnb ruling, Special Magistrate Karla Owens ruled in favor of the city Anna Maria on three additional cases addressed during the April 30 code enforcement and appeals hearings. One of the hearings held at city hall pertained to a noise ordinance violation citation and two pertained to parking violations.

Noise violation

Owens ordered college student Conor Lynch to pay a $500 fine for the noise ordinance violation citation he received on March 15 while staying at his parents’ second home at 60 North Shore Drive. The citation lists a Tampa address as Lynch’s primary residence. Owens also ordered Lynch to pay an additional $150 administrative fee to help cover the appeals hearing costs.

Manatee County Sheriff’s Office Deputies Matthew Kenyan and Robert Desch responded to the initial noise complaint at approximately 2 a.m. According to Kenyan, they witnessed people on the balcony screaming and talking loudly. Lynch was asked to quiet things down and warned that a repeat visit would result in a $500 citation.

Approximately 45 minutes later, the deputies returned in response to a second complaint. When standing at various distances from the house the deputies could still hear loud talking and low-end bass sounds coming from inside the house. At this point, the citation was issued.

Kenyan told Owens deputies responded to prior noise complaints and issued verbal warnings at that address in 2015 and 2017.

Lynch’s father, Fred Lynch, attended the hearing. He said his son couldn’t attend because he was taking exams. Fred Lynch said he was not there to represent his son or challenge the citation, but he did want to express his concerns as a concerned citizen.

An email Fred Lynch sent the city was included in the hearing packet. It expressed concerns about harassment by a neighbor and the way the deputies handled this situation. During the hearing, Lynch claimed the deputies used words that were “inappropriate.”

Using a tablet and a portable speaker, Lynch showed Owens a video he shot later that he felt disproved the deputies’ claims regarding the loud bass noises being audible at the stated distances.

Owens said she would allow Lynch the courtesy of showing the video he recorded from various distances with the TV audio system turned all the way up, but it was not relevant to the case being discussed.

Parking violations

Owens ordered Bradenton resident Kathy Brooks-Rock to pay a $50 fine for parking her Volvo alongside Rose Street in the opposite direction of the traffic flow while visiting vacationing friends.

The apologetic citation recipient told Owens this was her first traffic ticket, and she didn’t know Anna Maria and other Florida cities prohibit parking in the wrong direction.

Owens ordered Bradenton resident Stephen Ierardi to pay a $50 fine and an additional $150 administrative fee for parking his BMW within 20 feet of the crosswalk at the intersection of Gulf Drive and Palm Avenue.

Ierardi told Owens he not aware of this law and there was no warning sign.

In both parking cases, Owens said ignorance of the law is no excuse. It was also noted that a warning sign has now been placed where Ierardi received his ticket.

Addy said Tuesday’s code enforcement hearings were the first scheduled during her time as city clerk and future hearings would be scheduled once a month as needed.

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McDaniel joins Center team

McDaniel joins Center team

After months of searching, the team at The Center of Anna Maria Island has a new director of development.

In a May 3 press release, Executive Director Chris Culhane announced that Jim McDaniel had been hired to fill the role, beating out about 190 other applicants for the position.

Before joining The Center’s staff, McDaniel served for six years as director of development at St. Stephen’s Episcopal School. As director of development at The Center, McDaniel will work to develop a strategic plan and oversee fundraising efforts for the nonprofit.

Center hosts summer kickoff

Summer’s almost here and The Center of Anna Maria Island’s staff is ready to party with the community. The Center’s Summer Kickoff Bash open house will be held from 6 to 8 p.m. on Wednesday, May 15. Come on out to view The Center’s facilities, learn about summer camp programs and youth summer sports, and catch all of the action on the pitch during the youth soccer championships and awards.

Hot dogs, hamburgers and side dishes will be provided by The Freckled Fin Irish Pub. The event is free and open to the public. The Center is at 407 Magnolia Ave., Anna Maria. For more information, contact The Center at 941-778-1908.

Vickers sentencing set

Vickers sentencing set

BRADENTON – David Vickers’ future will be announced on May 20 after a jury found him guilty of second-degree murder and neglect of a child with great bodily harm in the death of 17-month-old Luca Sholey on Aug. 21, 2017, in Holmes Beach. The crimes carry a minimum sentence of life with a chance of prison release possible. The maximum is life without a chance of release.

According to the police report, EMS responded to call of a child not breathing and unresponsive. He was taken to Blake Medical Center and then airlifted to All Children’s Hospital in St. Petersburg, where he died. The cause of death was asphyxiation, according to the police report. There were indications that the child suffered respiratory distress plus broken ribs and laceration of the lips and mouth.

Vickers was the babysitter for the child while the mother, Melissa Sholey, worked. The report said Vickers was often alone with the child.

The prosecution is seeking the maximum sentence.

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Dog park users disappointed with lack of progress

Dog park users disappointed with lack of progress

HOLMES BEACH – Little visible movement has been made on the city’s plans to relocated and improve the dog park, and it’s leaving users feeling frustrated.

During the May 1 Holmes Beach Parks and Beautification Committee meeting, City Engineer Lynn Burnett was expected to uphold a commitment made during her second quarter capital improvement projects update to city commissioners, that she would present resurfacing, grading and drainage plans at the committee’s May meeting. Several dog park users showed up to hear about Burnett’s plans for the park, but Burnett herself was a no-show and her associate, Eron Wasserman, said that he had no plans for the dog park to present.

Resident and dog park advocate Renee Ferguson said that she, along with other park users, felt frustrated after helping to develop a plan for the park, being put on hold due to the renovation of the city field complex and then seeing no action being taken on the dog park while plans are in action for the skate park and other facilities.

“We seem to be put at the end of the agenda rather than the beginning of the agenda,” she said, adding that the dog park is one of, if not the most utilized park in the city.

Park user Terry Green said that he has several concerns about previously presented plans for the park, including parking, access to entrances from parking areas and whether or not the existing dog park pavilions will be saved and reused in the new location.

Parks and beautification committee Chair Zan Fuller said that she understands the frustration felt by park users. She said that committee members hadn’t seen updated or detailed plans for the new park facilities either and agreed to attempt to set up a meeting between the interested parties and Burnett for the week of May 8. A meeting was held May 7 after press time for The Sun.

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Youngster raises money for turtles and shorebirds

Youngster raises money for turtles and shorebirds

Spencer Quinlivan is a 9 1/2-year-old animal lover from Pinellas County with a soft spot for sea turtles and shorebirds. He visits the Island regularly, staying in a house owned by his grandparents, and quickly became aware of Anna Maria Island Turtle Watch and Shorebird Monitoring.

A few weeks ago, he decided to raise money as a school project by selling lemonade, bananas and cookies on Pinellas Trail. According to his father, Patrick Quinlivan, it was cool and windy, and not too many people needed to cool down.

“Luckily, there was a busy police station with a lot of foot traffic,” Patrick Quinlivan said. “They all came by and if they weren’t thirsty, they just donated money. He ended up with $215.22.”

The family visited the Island a couple of weeks ago and found Anna Maria Island Turtle Watch and Shorebird Monitoring Director Suzi Fox, who was impressed with Spencer. She arranged a visit to the Manatee County Marine Rescue headquarters, on Sunday, April 28, thanks to rescue chief Joe Westerman, and Spencer got a Turtle Watch ATV ride down the beach in addition to the Marine Rescue ride personnel Morgan Bakulski and A.J. Nelson gave him.

Fox took the money and applied it to AMITW’s education fund, and Spencer went home with a box of promotional and educational items.

“This is what is so right about our Manatee County,” Fox said.

Spencer said he learned a lot about sea turtles.

“I found out that the wrong lights at night are dangerous,” he said. “We have to use the right lights so the turtles don’t come to the shore instead of out to sea.”

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