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Tag: Anna Maria Island

Castles in the Sand

Should you digitally – or actually – renovate?

There comes a time in every homeowner’s life when they are faced with the dreaded renovation question. Frequently this question comes about when you’re thinking of putting your home up for sale. There is no doubt that move-in ready homes sell faster and sometimes for more money, but is this a job that you should tackle, or hire professionals?

If you’re convinced that do-it-yourself is the way to go, there are some websites to check out. Old House Online, Young House Love, and How To Sand A Floor will provide more information than any normal DIY project will ever need.

However, know your limits and leave the electrical, plumbing and structural repairs to the experts who will do it within current building codes and not burn the house down. But if you like getting your hands dirty, do your own demo. Naturally, make sure that the wall you’re taking down isn’t structural and doesn’t contain the plumbing to the toilet.

Certainly, the least difficult do-it-yourself job is painting. Exterior painting will be easier and look more professional if you power wash first, removing dirt, mold and peeling paint.

Even if you’re not a carpenter, replacing window and door moldings are pretty straightforward and forgiving of mistakes. Refinishing hardwood floors may be backbreaking but doesn’t require a master craftsman. And finally, know when to give up. If the project is not going well, your spouse isn’t talking to you and the kids are wearing gas masks, it may be time to make that phone call.

There is, of course, another way to go, there always is and with modern computer technology, you can have a virtual renovation if you’re selling your home. Since almost every home search starts with an online search it’s a great way to make your home stand out even if it’s slightly fudged.

Homeowners can take down walls, remove paneling, add swimming pools, garages and even turn your brown lawn green and make your dead plants bloom. This is a long way from the old school marketing of staging homes with rented furniture, pictures and knickknacks. Now all of that can be done digitally making an empty house looked lived in and inviting.

Sounds great right? The problem is when non-digital people come to look at your digitally-enhanced house and want to know why there’s a patio where they thought a pool was and what happened to the hardwood floor.

Needless to say, digital enhancements should be disclosed, and the National Association of Realtors code of ethics requires agents to present a true picture of the property in their advertising and marketing. Problem is since although the technology has been around it is now just starting to be widely used and guidelines for homeowners and agents alike still need to be established. If you watch any of the property renovation shows on HGTV you’ll see exactly what this technology can do to completely change the look and functionality of a home, and why it can be so misleading.

If taking advantage of this type of technology to market your property either personally or through an agent sounds like just the thing for you, full disclosure is a must. I’m not saying don’t to do it, it could bring a lot of eyeballs to the website as long as those eyeballs know what they’re looking at.

On the other hand, doing it yourself or hiring someone to move the wall and install the pool could make life ethically easier. The options are endless.

More Castles in the Sand:

Technology can’t replace real estate brokers

Good news and good news

Are you smarter than a hedge fund manager?

Grace period given for golf cart seatbelts

Grace period given for golf cart seatbelts

HOLMES BEACH – If you live in Holmes Beach and drive a regular golf cart around town, you now need seatbelts for yourself and every passenger.

Commissioners voted to approve a final reading of an ordinance requiring all golf carts to have seatbelts for drivers and passengers. The ordinance also requires that all children riding in the golf cart be strapped into a child restraint seat appropriate to their size, just like they are in a car.

To help residents understand the new requirements and implement the necessary changes to their golf carts, Holmes Beach Police Chief Bill Tokajer said that no tickets will be given to golf cart drivers whose vehicles are not equipped with seatbelts for a five-month period. The grace period is to allow owners time to get seatbelts installed and educate the public on just what the new ordinance means for them. The grace period began March 26.

Tokajer noted that residents can get a kit typically for less than $100 to install the seatbelts themselves or take the golf cart to a repair shop where they can be professionally installed.

The ordinance also clarifies language about where golf carts can be driven in the city. Golf carts are only allowed on streets with a speed limit of 25 miles per hour or lower. The regulations for low speed vehicles – those that are registered with the state, have a license plate and insurance – remain unchanged. Low speed vehicles can be driven through the city on streets with a speed limit of 35 miles per hour or lower. A driver’s license is required to operate all golf carts and low speed vehicles in Holmes Beach.

For the purposes of the ordinance, a golf cart is considered a golf cart only if it does not have a license plate and insurance. If a golf cart is registered, it’s considered a low speed vehicle. Holmes Beach is the only Island city that allows unregistered golf carts to be driven on the road.

Related coverage

Letters to the Editor: Where did you go, “Island time?”

Holmes Beach considers golf cart regulations

Divas will be divas

Divas will be divas

Three Anna Maria Island Concert Chorus and Orchestra (AMICCO) sopranos entertained at the last concert of the season Sunday at Neel Auditorium in Bradenton, singing from operas in the first half and showtunes in the second half.

Billed as “Diva Wars,” Stella Zambalis, Ashley Thunder Lowe and Michelle Giglio tried to out-sing each other, accompanied by some scowls and faux hair-pulling incidents, as divas will be divas.

Divas will be divas
AMICCO Youth Competition winner for last year, Andrea Guaita, got a standing ovation for her performance. – Tom Vaught | Sun

AMICCO Youth Competition winner for last year, high school senior Andrea Guaita, entertained on the violin.

There was no vote to determine the winning diva, but it was apparent the winners were those who attended the near-sellout concert.

More entertainment:

Tour of Homes wows attendees

AMI Garden Club goes Hollywood

BJ Thomas at The Center

Reel Time: Mentors chart course

Fly fishermen and fishermen, in general, are always seeking ways to improve their enjoyment of the sport. And while that ultimately boils down to learning ways to be more successful at catching fish, it’s not really numbers that drive a fly fisher’s passion. It’s more personal than that. If it were a numbers game, we would still be fishing with live bait and waiting for the fish to find us. Our path to success is paved with mentors and milestones that redefine our personal passage through a life of fly-fishing. It’s experiencing and seeking to understand the natural world and the fish that swim its waters that makes the fly fishing journey so special.

I first picked up a fly rod over 30 years ago, and over three decades I’ve had many memorable days on the water. When I look back, some of my fondest memories are not about the fish that I’ve caught but the people I’ve met along the way, the personalities I’ve encountered, and the friendships fostered. Fly fishers seem to possess a quality that attracts, entertains and enlightens us. No matter where you are in your evolution as a fly angler, I’m sure you’ve had or will have the same experiences.  Over my years of fishing, one of the most charismatic individuals I’ve encountered in my time fly-fishing was a Belizean named Lincoln Westby.

I met Westby over a decade ago on a blustery morning in March outside my motel in Hopkins, Belize. Due to a strong cold front that had blown through the day before, my transfer to his Blue Horizon Lodge had been delayed. When he asked if I was going to the lodge, I wasn’t sure if he was a guide, the owner, or merely a taxi driver. Little did I know that this unassuming man would, in less than a week, teach me more about permit fishing than I had assimilated in over 10 years of stalking this “holy grail” of fly fishing.

Westby’s spry demeanor and sparkling eyes belied his six-plus decades. A Belizean by birth, he has fished the coastal waters of Belize since he was a child. He began his fishing career as a commercial diver and fisherman before following his brothers Joel and David as guides to American spin anglers in the late 60s. Except for a stint in the British Army from 1961 to 1967, and two years working on a research ship in Bermuda, he has dedicated his life to learning the ways of the permit, tarpon and bonefish. After working as a guide and manager at nearly every lodge on the Belize coast, Westby had the passion to have his own lodge. With the help and counsel of Will Bauer (now deceased), a longtime permit angler and former Belize lodge owner, the vision of the Blue Horizon Lodge was born.

Reel time Lincoln Westby
Lincoln Westby poses with a permit he enticed to the fly after five refusals. – Rusty Chinnis | Sun

Westby and his common-law wife Pearline leased a small mangrove island from the government with an option to buy. The island was inundated with water on high tides and it took over six months and more than 10,000 boatloads of sawdust and sand to create enough upland to build the first building. Finally, in 1997, Bauer brought the first group of anglers to the lodge and Westby’s dream became a reality.

On my trip to the Blue Horizon, I had the good fortune to pick a week when Bauer was at the Lodge, and I was able to fish with Westby on six consecutive days. Each day, I was immersed in an endless world of multi-dimensional coral patch reefs that hosted school after school of permit. And while there were few spells of more than forty-five minutes between fish, it was Westby’s intimate knowledge of the terrain and the permit that held me spellbound.  I fished four and one-half days, (and spent a day observing and photographing Bauer and Westby) and landed five permit. The number of opportunities was phenomenal, and while these permit were less pressured than in other locations I’ve fished, that didn’t change their basic nature.

Westby fished by the tides (high rising, high and high falling) and not by time. Keen eyes allowed him to slow motor along the edge of flats looking for fish.   A mentor takes you to a new level, reminds you of the complexity of the natural world, and feeds your desire to learn.   On the day I photographed Westby, he left the boat to stalk a school of feeding permit and I was able to experience a master at work. He made a high looping cast that sent the fly softly to the water’s surface just two feet short of the feeding fish. Not once, but five times, the permit rushed the fly only to turn off at the last minute. Each time Westby waited (when I would have attempted to set the hook) until the fish had just turned off the fly, and then gave a three-inch strip that teased the fish back to the fly. On the fifth look, the permit took the fly.

If I had to condense the knowledge I learned in my days with Westby into a short paragraph, it would be that permit are moody, and every presentation and opportunity will be influenced by many factors. The angler must judge the mood of the fish, know where the fly is at all times, and take into account the tides, weather, availability of food, wind, the structure of the bottom, sun angle and much more. Permit fishing is incredibly demanding, and therein lies its appeal. Quantum leaps in fly fishing can be built up with years of experience, or on occasion, by having the good fortune to learn from a mentor. It keeps it fresh and vital and makes us keen for our next adventure.

More Reel Time:

Reel Time: Clear water hides looming problem

Reel Time: Innovators – Architects of modern saltwater fly tackle, part 2

Reel Time: Innovators – The architects of modern saltwater fly tackle

Solid Rock Construction built a solid season

Solid Rock Construction built a solid season

The final night of adult co-ed volleyball play for the season took place at The Center of Anna Maria Island Thursday night. All five teams showed why the championship was not in the bag for the first seed team Solid Rock Construction.

After three matches, the final battle ensued between the top two season finishers: Solid Rock Construction and Planet Stone.

The players of Planet Stone came into the season as defending champions. Finishing with an 8-4 record, the four friends who play together on the sand were the best opponents for the new athletes at the community center.

Solid Rock Construction, a family owned and operated HVAC company, brought two players to the flag football gridiron this winter and soon formed their volleyball powerhouse team.

Footballers James Roadman and brother-in-law Zachary Long added volleyball to their weekly sports schedule along with wives Katy Roadman and Evelyn Long. Katy and Evelyn brought sister Christy Raulerson and brother-in-law Brian Raulerson into the mix to form the family-based team.

Teammate Maria Shanks departed the Solid Rock squad mid-season with a family move out-of-state.

Playing six on four, the Planet Stone foursome held their own historically against the top seed. With nearly identical records going into the big match, a close fight for the championship title was anticipated.

The construction company, with the motto “Built right, the first time,” moved their business from Tampa to Anna Maria this past year to raise their family on the Island. The ladies of team Solid Rock Construction are all sisters with volleyball skills that brought out the best in their husbands.

The first game was close until the end. Patrick and Christine Wright, David Deaver and Rusty Clasman of team Planet Stone, coming off the easy win against Ugly Grouper in two games, moved the volleyball well starting the with the service advantage.

Going up early with two points, Planet Stone maintained their lead until the 21st point, with the score 10-11. Spikes by Z. Long scored for Solid Rock.

Planet Stone stayed in the first game with blocked shots by P. Wright and Deaver, as well as smart plays and perfect hits by C. Wright and Clasman.

The two teams gave the spectators a lot of strong volleyball action with long skill-filled rallies and service aces by both teams.

Despite losing the lead, Planet Stone kept fighting. Hitting the ball with perfect placement, the four players squad forced Z. Long to make a diving hit that landed just wide of the far sideline.

The Solid Rock Construction brothers-in-law, including B. Raulerson who also works with the family business, strategically placed themselves at the line at any given time creating a strong defensive barrier.

With the score 18-24 at game point for Solid Rock, J. Roadman took advantage of his location on the front line with a solid hit over the net with blazing velocity whizzing right past the Planet Stone front line player, C. Wright to end the first game.

Looking make quick work of their opponent, Solid Rock Construction started at the line with the serve and big defensive moves, going up by seven points with the score 10-3.

Planet Stone got stuck with five points on the scoreboard, while Solid Rock continued to increase their lead with the rally scoring system.

Mishits and the inability to decide who was going for the return caused a little turmoil among the Planet Stone squad.

After a long rally, P. Wright ended play with a strong finish finally moving Planet Stone’s score to 16-6. Each team went back and forth adding a point here and another there.

Solid Rock Construction continued to widen the scoring gap with a kill by J. Roadman, taking the game to game and match point.

With the win on the line, J. Roadman moved back into position to serve to end the battle. Once again, the volleyball fell to the ground between all of the Planet Stone players.

Much like the company’s guiding principles, the strong foundation of the Solid Rock Construction volleyball team with communications, perfectly placed sets and strong kills by the big guys in front made for a force to be reckoned with, which could not be defeated in the last night of hard court action.

Related coverage

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Freckled Fin takes the win in three games over ACE Hardware

ACE Hardware undefeated champions

Spring break is in full swing

Spring break in full swing

ANNA MARIA ISLAND – Anna Maria Island beaches are busy and business owners are enjoying a banner Spring break season.

A mid-week visit to Manatee Beach in Holmes Beach found a quartet of students from Indianapolis among those enjoying a beautiful beach day.

“We have family that lives down here. It’s a clean beach, the sand feels great and the water’s clean,” said high school senior Brenna Garrard, while sitting on the beach Wednesday afternoon with her twin brother Tyler and their high school friends Alexis Weston and Samara Gephart.

Tyler graduated high school early and is now studying mechanics as a freshman at Indiana University.

“We went over to Siesta Key and we’ve been in Clearwater a few times. I like this beach a lot better. Clearwater is more packed. Here it’s more relaxed,” Tyler said.

On Friday, Holmes Beach Police Chief Bill Tokajer said, “People have been behaving very well. Most of our guests have been families that have had a wonderful time on the Island. We had two groups of unruly college students that were evicted from their rental units for underage drinking, jumping off the roof into the pool and other things they shouldn’t have been doing. The rental agents were notified and they evicted them.

“We’ve also had many well-behaved and respectful groups of college kids on the Island from Ohio, Minnesota, a group from Indianapolis and a couple groups from Tampa. We enjoy having the groups that respect our rules and ordinances and are responsible and understand we have zero tolerance for any alcohol on the beach,” Tokajer said.

“Spring break has been very busy this year, probably the busiest I can remember in the past 10 years,” said DCoy Ducks’ bartender Brad Lisk. “The crowds seem younger this year and there are a lot more college-aged kids. For the most part, they’ve been well-behaved. They’re here to party but they’re being respectful while enjoying the beach, the sun and some drinking.”

Anna Maria

The Pine Avenue business district in Anna Maria is also abuzz with visitors.

“I don’t know if it’s perception or because we went through such a long dry spell with the red tide and the fact that we lost the pier, but it seems to me that we have a bumper crop this year,” Anna Maria Mayor Dan Murphy said. “It seems to me there’s more families visiting and more younger people. The streets are filled on weekends with young people. I think it’s great for the businesses. I know it’s a little hectic for those who live here full-time, so I ask everybody to be patient, welcoming and kind because it’s good that people are enjoying our city. They’re basking in the sunshine and enjoying themselves.”

Spring break is in full swing
The line was long at the Donut Experiment in Anna Maria Wednesday morning. – Joe Hendricks | Sun

Brian Seymour says sales are up at his Anna Maria General Store & Deli.

“The first couple weeks were definitely college kids. This week and next it’s mostly families. It’s nice to see the Island busy again. There’s downsides for the residents with the increased traffic, but people have come back to the Island and they’re supporting the local businesses,” Seymour said.

“We are having a great spring break. We are much busier than last year. That’s good news and we are renting to families, not college kids,” said Duncan Real Estate owner Darcie Duncan.

Bradenton Beach

“We’re having an extremely busy spring break with both vehicular and pedestrian traffic. We’ve got people everywhere,” said Bradenton Beach Police Chief Sam Speciale.

“The schools let out a couple weeks ago and we’ll be seeing a lot of people out here until Easter. We’ve got college kids, high school kids and a lot of families coming down. Everybody’s been really well-behaved and it’s been a nice, quiet spring break. You’ve got to give credit to the kids and the families for coming down here and enjoying themselves without causing any problems. The vacation rentals are all filled. We haven’t had a lot of noise complaints, but we’ve had a few. The few we’ve had quieted right down when our officers went there and we haven’t had to go back,” Speciale said.

Jake Spooner owns the Bridge Street Bazaar and The Fish Hole miniature golf course on Bridge Street.

Spring break is in full swing
The Bridge Tender Inn is among the many Island bars enjoying a boost in Spring break business. Jake Spooner | Submitted

“It’s been a great 2019 and Easter is later this year, so we’ll have a longer season. I’m seeing mostly families – grandparents, parents and kids. Our numbers are up over last year. The Bridge Street bars have been packed too. Everybody seems a lot busier this year,” Spooner said.

Cortez

Business is up in Cortez too.

“I think our crowd might be a little younger this year, but I don’t know if it’s Spring breakers or just families. There just seems to be more people here on Spring break,” Swordfish Grill General Manager Bob Slicker said. “I think there’s more people here too because of what happened in the panhandle with Hurricane Michael. Some people told me they’re here for the first time because they used to go there. We’re up a bit more than normal, which I’m very grateful for. We’re off the beaten path but more people know about Cortez every year.”

Spring break is in full swing
This sandcastle was left as a souvenir of someone’s time at Manatee Beach on Wednesday. Joe Hendricks | Sun

Red tide detected off Manatee County coast

Updated April 5, 2019 – The April 5 FWC report shows background concentrations of red tide off Hillsborough and Sarasota counties, but none off Manatee County.

ANNA MARIA ISLAND – While swimmers enjoyed crystal clear water today at Anna Maria Island beaches, today’s Florida Fish and Wildlife Conservation Commission (FWC) report shows that background concentrations of red tide have returned to nearby waters about two miles southwest of Egmont Key.

Karenia brevis was observed at background concentrations last week in one sample collected offshore of Manatee County, one sample collected offshore of Charlotte County and one sample collected offshore of Lee County.

Respiratory irritation also was reported in Manatee and Sarasota counties over the past week, according to the FWC. NOAA’s latest report predicts no respiratory irritation locally.

No fish kills suspected to be related to red tide were reported this past week.

Background concentrations of the algae that causes Florida red tide, Karenia brevis, have no discernable effects on people or marine life. Higher concentrations of red tide cells emit a neurotoxin when they bloom that is deadly to marine life. It can make shellfish unfit to eat and can cause respiratory irritation in people, especially those with asthma, COPD or emphysema.

The last red tide bloom began in October 2017 in Southwest Florida. It appeared locally in August 2018, lasting until February 2019.

Scientists say that salinity, currents, temperature and light play a part in the formation of 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.

Waterspout west of the Martinique

A waterspout formed west of the Martinique condominiums in the Gulf of Mexico this morning, pictured here behind Island Gallery West in Holmes Beach; a second waterspout briefly formed. Skies have cleared and today’s forecast is partly cloudy and windy with a high of 73.

 

- Tom Vaught | Sun

- Tom Vaught | Sun

- Tom Vaught | Sun

- Tom Vaught | Sun

- Tom Vaught | Sun

- Tom Vaught | Sun

 

Reel time red tide

Reel Time: Clear water hides looming problem

The red tide is gone! I don’t know anybody that isn’t elated that the most recent harmful algae bloom is absent from local waters. Cross any bridge, look out at the bay and you’ll be convinced that all is well. The water is clear and there are large areas of flats that appear covered with seagrass.

Unfortunately, things are not what they seem. While it’s true that the water in the bay is crystal clear, this same clear water is revealing what may be a “ticking time bomb.” Large areas of Sarasota Bay, even some close to the passes and enjoying daily flushing, are choked with algae. The clear water also affords a look into the bay and my experience over the last few weeks has been discouraging. In areas that are generally flush with mullet, you could sit and count off the minutes without seeing one of the ubiquitous fish jump. There are signs of recovery, as bait enters the bay and mullet are again starting to make an appearance. Still, after dealing with red tide events since the early 80s this is one of the slowest recoveries I can remember.

If there’s a “proverbial” pony anywhere, it’s that people who in the past quickly reverted to the “out of sight, out of mind” school of thought, are asking important questions. When Realtors and developers realize that the price of inaction on water quality incurs a serious cost we may be finally rounding a corner towards awareness.

The first line of defense lies with our local politicians who enact the laws that protect our water, air and land. Let’s not forget that they work for us. Unfortunately, the public, and I include myself, has not been as engaged as they need to be in this decision-making process. Hopefully, that’s changing. Residents of Manatee County need to get behind commissioners who are working to address water quality issues. They are currently tackling the need to establish a dedicated source of funding to improve water quality. Residents are encouraged to learn about this initiative and get involved in assuring that common sense rules, regulations and infrastructure support us economically as well as protecting the quality of life that we enjoy.

Still, with the apparent “new will” and understanding of the problem in Tallahassee, there is resistance to doing the “right thing.” A good example is legislation that Manatee County state Rep. Will Robinson has introduced, with a companion bill by state Sen. Joe Gruders of
Sarasota, to monitor and inspect septic tanks, thought to be a leading problem in water pollution. The bills would require the state health department to identify all onsite systems in the state and compile that information in a database. Beginning in 2022, the bill would require onsite systems to be inspected at least once every five years unless the system is covered by an operating permit.

What appears to be common sense legislation is being intensely lobbied by entities like state restaurant and homeowner associations. The arguments seem to be the same – that the bill would be too expensive and cause economic hardship to the interested parties. What’s missing from this reasoning is the understanding that not addressing these issues will actually be more expensive for those that oppose it, not to mention future generations of Floridians. It’s time that we all take a more proactive role in addressing these critical issues.

More Reel Time:

Reel Time: Innovators – Architects of modern saltwater fly tackle, part 2

Reel Time: Innovators – The architects of modern saltwater fly tackle

Reel Time: Release program promotes fishery recovery

AMI Garden Club goes Hollywood

AMI Garden Club goes Hollywood

ANNA MARIA – The Anna Maria Island Garden Club pulled out all of its members’ showstopper designs for this year’s flower show. The show featured a Hollywood film theme and was held March 20 at Roser Memorial Community Church.

Approximately four dozen members participated in eight different film-themed categories including Breakfast at Tiffany’s, Dirty Dancing, Titanic, Blue Hawaii, Gone With The Wind, The Wizard of Oz, E.T. The Extraterrestrial, and Horticulture. Judges for the event were Jacque Catrone, Bonner Joy, Kelly Kary and Lizzie Vann.

AMI garden club sewald
Priscella Sewald enjoys her first-place win in the Blue Hawaii competition. – Kristin Swain | Sun

Winners in the Breakfast at Tiffany’s category, a place setting featuring flowers, were Shawn Mayers in third place, Janet Riley in second place and Zan Fuller in first place. In the Dirty Dancing category, featuring arrangements based on the Hogarth Curve S-shaped designs, Sam Krusa came in third, followed by Marilyn Pomeroy in second place and Kathy Goerlitz in third place. Titanic, an underwater design challenge, ended with Lynda Striger in third place, Peggi Clauhs in second place and Fuller in first place.

In the Blue Hawaii tropical flower design competition, Rita Allen came in third place, followed by Dusty Crane in second place and Priscella Sewald in first place.

The Gone With The Wind category found Stevie Coppin in third place with Clauhs in second place and Ginger Huhn taking top honors in first place. In the space-age design E.T. category, Phyllis Hayes came in third with Loretta Esta Brooke in second and Sandra Shea in first place.

The fantastical Wizard of Oz category competition ended with Charlotte Noyes in third place, Striger in second place and Crane in first place. Ending the awards was the Horticulture category with Det O’Brien coming in third place, Striger in second place and Clauhs taking top honors in first place.

ami garden sandra shea
This spacey design by Sandra Shea took first place in the E.T. The Extraterrestrial category. – Kristin Swain | Sun

After the awards were announced, the public was invited to examine all of the flower show entries and grab a bite to eat at the bake sale table where volunteers sold all sorts of sweets and goodies ranging from breakfast breads and muffins to brownies and cookies. All proceeds from the bake sale and donations go to the many local organizations the garden club supports, including Anna Maria Elementary School, the Holmes Beach Parks and Beautification Committee, The Center of Anna Maria Island, De Soto National Memorial Park, Anna Maria City Pier Park, the Island Library, Friends of the Island Library, Cortez Cultural Center and Annie Silver Community Center, among others.

County collecting tourist tax from most Airbnb owners

ANNA MARIA ISLAND – The Manatee County Tax Collector told concerned county commissioners last week that vacation rental owners using Airbnb to rent their local properties online are paying their fair share of tourist tax.

“Tourist tax dollars across all vacation rental platforms, including Airbnb, are being collected and remitted,” Manatee County Tax Collector Ken Burton Jr. told commissioners in a detailed presentation by Burton and his staff.

The report was prompted by a January county commission vote to investigate taking the responsibility for collecting Airbnb tourist taxes away from the tax collector and transferring it to the Florida Department of Revenue (DOR). Commissioners had expressed concern that a 2018 lawsuit that Burton’s office filed against Airbnb to enforce collections was moving too slowly.

The county’s 5 percent tourist tax is collected from owners of accommodations rented for six months or less who charge the tax to their renters, in most cases, tourists. About 50 percent of the tax proceeds are allocated to Bradenton Area Convention and Visitors Bureau tourism marketing efforts, with about 20 percent allocated to beach renourishment and the rest to statutorily-defined uses that benefit tourism.

In 2015, the DOR and Airbnb agreed that Airbnb would collect sales tax from its users in all 67 counties, but would collect tourist tax in only 26 counties, said Michele Shulz, Burton’s director of Field Services and Collections. In the remaining counties, including Manatee, Airbnb rental property owners are on the honor system to remit the 5 percent tourist tax directly to the tax collector.

Burton chose to sue Airbnb rather than sign an agreement that would have required him to waive his ability to audit Airbnb records to identify owners and forced him to discharge past due taxes and penalties owed by Airbnb and all its clients, said the tax collector’s attorney, Janelle Esposito, of the Esposito Law Group.

Entering into such an agreement with Airbnb would violate state law and result in less collection of the tourist tax, she said, adding that the lack of an agreement “does not mean we are not collecting the tax.”

Enforcement

The tax collector has 7,063 vacation rental accounts registered, Shulz said.

Hotels and motels are easy for the tax collector to identify and collect tourist taxes from, but it’s not as easy to determine whether condos (53 percent of the county’s vacation rentals), single family homes (27 percent), multi-family homes, apartments, duplexes, mobile homes, rooms and travel trailers are being rented to vacationers.

Burton’s office uses several methods to uncover vacation rental owners who are dodging the tourist tax, including Harmari, online software that assists in identifying short-term rental properties.

Harmari found that in January in Manatee County, 99.83 percent of vacation rentals using all vacation rental platforms already were registered with the tax collector.

“They only found six new accounts,” Shulz told commissioners.

When Harmari specifically looked at Airbnb rentals on March 1, the program found that 78 percent of Airbnb properties in the county were registered. Out of 210 properties identified, Harmari found 46 unregistered accounts, whose owners have received letters from the tax collector requesting compliance.

If rental property owners do not comply, the tax collector can place a lien on a rental property and garnish income.

“We have a high collection rate,” Shulz said.

Airbnb is growing locally as well as internationally. In 2015, Airbnb accounted for .6 percent of the $11 million in tourist taxes collected in the county, she said. By 2018, Airbnb accounted for 4.2 percent, or about $620,000 of the $14.6 in tourist tax collections.

Airbnb is the second-largest online rental platform used in Manatee County, with about 2,300 properties. The most popular is VRBO, with about 4,750. Flipkey is in third place, with about 2,200, according to the tax collector’s office.

Sunshine filings continue

BRADENTON BEACH – Several court filings have been made recently regarding the Sunshine Law lawsuit filed against six former city advisory board members.

On Friday, March 21, one day after deposing City Attorney Ricinda Perry, defendant John Metz’s attorney, Thomas Shults, filed a motion to dismiss Perry as the co-counsel representing the city of Bradenton Beach in the Sunshine Law lawsuit. The filing notes Perry is listed as a witness for the city.

Citing rules regulating the Florida Bar, Shults’ motion to dismiss says, “Ricinda Perry cannot serve both as an advocate at trial for the city and a witness on the city’s behalf.”

Attorney Robert Watrous is the lead attorney for the city of Bradenton Beach and co-plaintiff Jack Clarke in the efforts to determine if six former city board members violated the Florida Sunshine Law in 2017. Perry serves as co-counsel and paralegal Michael Barfield is providing Watrous and Perry with additional legal assistance.

Right after Perry’s March 20 deposition, Watrous said he has not yet decided whether he will call Perry as a witness in the trial currently scheduled to take place in July.

On Friday afternoon, Barfield and Watrous were asked if they thought the motion to dismiss Perry had legal merit.

“We don’t think so. Motions to disqualify one’s counsel is one of the most disfavored motions there is,” Barfield said. “The citizens of Bradenton Beach wisely rejected Mr. Metz as a candidate for elected office. Mr. Metz is free to be frivolous with his own funds, but it’s sad when he wastes taxpayer resources in his personal crusade against the city attorney.”

Sunshine Law questioned

On March 15, Shults filed a notice of filing return of service of constitutional question on Florida’s Office of the Attorney General. The court document includes a copy of the certified mail receipt sent to Attorney General Pam Bondi in Tallahassee.

On Oct. 10, 2017, Shults previously filed a notice of constitutional question that questions whether the Florida Sunshine Law enacted by the Florida Legislature in 1995 infringes on an individual’s First Amendment rights regarding free speech, assembly, association and petition rights. The 2017 filing also questions whether the Florida Sunshine Law is “vague and overbroad.” The 2017 filing was sent to Bondi’s office when it was filed.

According to Perry and Barfield, representatives of the Attorney General’s Office have expressed interest in potentially joining the city and Clarke as co-plaintiffs in this case.

Mapes going pro se

On March 14, defendant Reed Mapes’ attorney, Jim Dye, filed a motion for withdrawal of counsel informing the 12th Judicial Circuit Court that he would no longer be representing Mapes. On Friday, March 21, Judge Edward Nicholas issued an order approving that request. Mapes now joins Tjet Martin, Patty Shay, Bill Vincent and Rose Vincent as pro se defendants who are representing themselves.

More depositions scheduled

On March 14, Watrous filed notice of taking depositions for defendant Rose Vincent and former CNOBB member Mike Bazzy on May 8, former CNOBB member Carol Harrington and continued deposition for former CNOBB webmaster Michael Harrington on May 14, former CNOBB members Connie Morrow and Janie Robertson on May 20 and former Bradenton Beach Mayor Bill Shearon on May 24.

On March 14, Shults filed a notice of taking depositions for Mayor John Chappie and Commissioner Ralph Cole on May 31, City Planner Alan Garrett on June 12, Building Official Steve Gilbert and Commissioner Jake Spooner on June 13 and Commissioner Marilyn Maro on June 18.

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BRADENTON – Attorney Thomas Shults spent six hours deposing City Attorney Ricinda Perry under oath.

Perry’s videotaped deposition took place Wednesday, March 20 at the Manatee County Judicial Center in Bradenton. The deposition was part of the ongoing pre-trial discovery process in the Sunshine Law lawsuit the city of Bradenton Beach and co-plaintiff Jack Clarke filed in 2017.

Shults spent much of the day posing questions unrelated or distantly related to the city’s efforts to obtain a judge’s ruling as to whether defendants Reed Mapes, Tjet Martin, John Metz, Patty Shay, Bill Vincent and Rose Vincent violated the Florida Sunshine Law while serving on a city advisory board in 2017. At the time, the six defendants were also members of the non-city-affiliated Concerned Neighbors of Bradenton Beach (CNOBB) group.

Among other things, the civil lawsuit alleges the advisory board members violated the Sunshine Law when discussing CNOBB’s potential pursuit of a charter amendment that would prohibit parking garages. The lawsuit complaint states parking garages were previously discussed by the Planning and Zoning Board that included Mapes, Metz, Shay and Bill Vincent and could have foreseeably come before those individuals again in their official capacities.

Shults spent the first 80 minutes questioning Perry about her education, bar exams, electronic communications and role as the city attorney. He spent the next 60 minutes questioning her about the 2018 lawsuit the Keep Our Residential Neighborhoods (KORN) political action committee filed against the city.

The KORN lawsuit was filed after the city commission rejected the group’s request to place four petition-initiated charter amendment questions on the 2018 city ballot. Judge Lon Arend recently ruled the KORN amendments must be placed on a future ballot.

Attorney Robert Watrous, representing the city and Clarke, accused Shults of engaging in discovery for the KORN lawsuit instead of the Sunshine lawsuit. Mapes and Metz served as KORN officers.

Two and a half hours into the deposition, Shults referenced a 2015 Arizona court ruling that may support Metz’s affirmative defense argument questioning whether the Florida Sunshine Law is unconstitutional because it infringes on an individual’s First Amendment right to free speech. Shults also referenced a recent Texas Court of Criminal Appeals ruling that struck down a provision of the Texas Open Meetings Act the court deemed unconstitutionally vague.

“I pay attention to Florida law,” Perry said.

Parking garages

Three hours into the deposition, Shults asked Perry if anyone ever applied for a permit to build a parking garage in Bradenton Beach. Perry said she didn’t know because the city was founded in the 1950s and she has not been the city attorney that entire time.

When asked if anyone applied to build a parking garage during her time as city attorney, Perry said that would be a question for City Planner Alan Garrett or Building Official Steve Gilbert. She noted that in 2016 then-mayor Bill Shearon proposed partnering with Manatee County to build a parking garage near the public works building.

Perry said she reached out to the CNOBB members before the lawsuit was filed and encouraged them to refrain from engaging in discussions that could result in Sunshine violations. She said those efforts included a written appeal to Shearon to take preventative action – a request Shearon didn’t act upon.

Perry also noted CNOBB meeting recordings posted at the CNOBB website were later disposed of by website administrator Michael Harrington, which he acknowledged when deposed under oath.

Shults referenced a recording of the July 25, 2017, CNOBB meeting and asked Perry if she heard Metz use the term “parking garage” when she previously listened to the recording.

“I heard enough to know Mr. Metz participated in a conversation that violated the Sunshine Law,” Perry said.

On that recording, Metz can be heard sharing his thoughts on whether CNOBB should pursue a parking garage prohibition.

“I say that we do and that we put it more that no parking garage built for public paid parking or something like that. It doesn’t matter whether it’s by the municipality or some huge corporation,” Metz said during the July 25 meeting.

Perry said she also heard Mapes and Shay on the recording.

“I know they were talking about city business and taking votes,” she added.

CNOBB ultimately decided not to pursue a parking garage prohibition, but KORN later took up that initiative.

Shults’ last line of questioning pertained to several disputes Metz has had with city officials and city staff.

“When I look at Mr. Metz, I see a man who is probably so unhappy. He’s widowed and has absolutely no relevance as an attorney anymore because he’s not licensed in Florida. He wants some semblance of validity and some purpose to serve. I actually feel very sorry for him,” Perry said.

At 5 p.m., Shults adjourned the deposition and said he would set a date for its continuance. Watrous objected to setting more deposition time for Perry. Shults said he would seek a court order if needed.

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Local gym Fit Crew to partner with Reveal Vitality

Local gym Fit Crew to partner with Reveal Vitality

BRADENTON – Fit Crew Bradenton and Reveal Vitality are forming a partnership which will allow the businesses to offer the next level of health and fitness. By offering professional nutrition counseling through Fit Crew and state-of-the-art scans and diagnostics through Reveal, the companies are able to better serve their clients and help them reach their health goals in a cost-effective, time-efficient and convenient manner.

“We have shared a passion for health and fitness for over nine years as well as the belief that most chronic illnesses stem from a lack of education regarding proper nutrition,” Reveal Vitality Founder Christopher Davis said. “After seeing that we had multiple mutual clients in our respective businesses, we recognized the incredible potential to truly elevate the health of our clients by combining our services.”

Currently, the partnership includes nutrition counseling, personal training, DEXA body composition and visceral fat measurement, circumference measurements, VO2 max and metabolic rate assessment, IV nutrient therapy, Ketone level measurement, and hormone balance evaluation and treatment. The businesses offer more comprehensive solutions to chronic health concerns and issues and allow individuals to enjoy optimal health without many of the current medications that are prescribed to treat symptoms rather than underlying root causes.

For more information about the partnership and upcoming public seminars – or to schedule an appointment – please email info@fitcrewbradenton.com or info@revealvitality.com or visit them online.

Reveal Vitality is a wellness and functional medicine practice with the mission of educating and empowering every individual to live a life of optimal health and wellness through nutrition, education, hormone balance, fitness and permanent weight control programs.

Reveal was founded by Davis, a triple board-certified integrative interventional cardiologist with a passion for educating and empowering individuals to take control of their own health by teaching simple lifestyle changes that have been overlooked by our medical establishment for years. He firmly believes that our bodies were designed to heal themselves given the proper nutrition.

Operating since 2010, Fit Crew is the collaborative effort of Niels Renzenbrink and Andrew Terman. Located at 608 19th Ave. W., Fit Crew is the largest independently-owned gym in Bradenton and offers a wide variety of group classes such as HIIT interval training, strength and conditioning, cardio, stretching, Olympic weightlifting, and youth classes – as well as personal training and nutrition counseling.