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Center of Anna Maria Island

Center starts new year on solid financial footing

ANNA MARIA – The Center of Anna Maria Island greeted the new year with good news and the nonprofit’s board members hope it will just keep getting better.

During a January board meeting, board Treasurer Christine Hicks reported that at the close of December, the midpoint of the fiscal year, the Center had a net ordinary income of $100,304, which was $67,114 over budget and $94,281 over the previous year. Net ordinary income excludes capital income.

In capital income, the Center closed out at -$65,450, primarily due to an expected $50,000 reimbursement from Manatee County, which has not yet been received from the excess concession funds awarded in 2018 for capital improvements to the Center’s facilities. The organization closed out the month with a net income of $34,854, $28,831 over the previous year and $1,664 over budget.

Outside of cost-cutting measures, one of the items keeping the Center’s costs down, board Chair David Zaccagnino said, is that there are still two open positions on the nonprofit’s staff that he hopes will be quickly filled. The Center board is seeking an operations director and a development director to join the staff.

“Everything’s going good,” Zaccagnino said of the Center’s operations headed into season.

With The Outlaws concert oversold at about 600 tickets, he said he expects the estimated gross from the concert to the Center to be about $30,000. The concert was the first of three at the Center presented by the Bradenton Area Convention and Visitors Bureau and Manatee County Tourist Development Council. The Sandbar restaurant provided food and drinks for the event. Local musician Trevor Bystrom served as the concert’s opening act.

The next act to take to the Center stage will be Phil Vassar on Feb. 8 followed by B.J. Thomas on March 21. Other upcoming events include the two-night annual Murder Mystery Dinner Theater, the Tour of Homes and a fashion show.

The Center’s board members also are looking into starting a green initiative to improve the building for the environment with the added bonus of saving on utilities. The first part of the initiative being considered is refitting the exterior lights with LED bulbs to help improve visibility on the ground and lessen the light intrusion on the surrounding residences. If the board chooses to go with the LED lights, Executive Director Chris Culhane said it could potentially save the Center $1,000 per month in electricity costs.

Castles in the Sand

Sunshine State population growth

There’s a reason that Florida is called the Sunshine State and it has nothing to do with sunshine.

What it does have to do with is people – people from other states – and here’s why.

According to a new federal census report from the U.S. Census Bureau, Florida was the second fastest growing state, adding more than 322,000 people last year. Only Texas scored higher than Florida, adding nearly 380,000 people during the same time frame. In addition, for the eight-year period between 2010 and 2018, Florida’s population increased 13.3 percent with Texas just above adding 14.3 percent in population. Nevada and Washington state came in third and fourth with approximately an increase of 12 percent each.

So why are we importing so many residents from other states? Obviously, in spite of the threat of hurricanes, which are frequently overblown, we do have a lot of sunshine and almost perfect weather for at least six months. And, for those of us who live here full-time, even the summers are a non-issue compared to the six months of horrible weather experienced in many other parts of the country. The car starts every day even if it’s 90 degrees and, in Florida, boots are a fashion statement rather than a life-saving essential.

And Florida has no state tax in a state friendly to business, which has created a booming business community. Although retirees keep coming, businesses are recruiting young workers in an effort to keep up with the expanding population. All of this is happening in Florida during a time when the United States population growth has fallen to an 80-year low because of declining birth rates.

Consequently, what goes up must come down and there are plenty of states that are losing some of the population coming to us. For the one-year period from July 2017 to July 2018, the top two states to lose population are New York, losing 48,510 people, and Illinois, losing 45,116.

These two states, in addition to Connecticut which also lost population, are some of the highest taxed states for both state tax and property tax. In addition, the implementation of the federal tax reform last year limits the deductibility of state and local taxes, hitting residents in these states particularly hard. It will be interesting to track the population shifts in a few years after residents have experienced several years of tax returns.

What this all means to Manatee County real estate can only be good. These are the December sales statistics from the Realtor Association of Sarasota and Manatee’s website:

Single-family homes in December maintained their benchmark at a $300,000 or over sale price again coming in at $309,000, 2.7 percent down from last year. The average single-family sale was $380,272, a 1 percent increase. The median time to sell was 90 days, about the same as last year, and the month’s supply of properties remains at about four months.

Condo sales were a median of $190,000, down 2.6 percent from last year, but the average was $236,606, up 7.2 percent. Median time to sell was 96 days, up from last year by 17.1 percent, and month’s supply of properties was four months, up slightly from last year.

I know the U.S. Census Bureau has its algorithms and fancy computer programs to analyze population growth, but I have my own personal methods. If the Cortez Bridge is backed up to the firehouse during the summer and the parking lot at Publix has zero spaces, that’s when I know July isn’t what it once was. Let the sunshine in.

More Castles in the Sand:

2019 tax nightmare

Is a piece better than the whole pie?

2019 real estate trends

Manatee waters clear of red tide

ANNA MARIA ISLAND – No red tide is predicted in Anna Maria Island waters through Monday, Jan. 28, and area waters remained clear of red tide last week, according to today’s Florida Fish and Wildlife Conservation Commission (FWC) report.

NOAA predicts low to very low red tide-related respiratory irritation in Manatee County through Monday.

No red tide was found in water samples at the Rod & Reel Pier in Anna Maria, the Longboat Pass boat ramp in Bradenton Beach or Palma Sola Bay as of Jan. 22, according to the FWC. However, three red tide-related fish kills were reported in Manatee County over the past week, one at the Anna Maria City Pier.

Respiratory irritation was reported on Jan. 17 and Jan. 19-20 at Coquina Beach in Bradenton Beach and Jan. 20-21 and Jan. 23 at Manatee Beach in Holmes Beach, according to the FWC.

Blooms of Florida red tide can be patchy, with varying concentrations of the toxin it produces, causing effects to be noticeable on one beach but not on a nearby beach.

The bloom, which is now affecting Collier County to the south, began in Southwest Florida in October 2017 and arrived in Anna Maria Island waters on Aug. 3.

Wildlife impacts

Since the bloom began in 2017, red tide has caused 589 sea turtle deaths, according to the FWC.

Of the 824 manatees that died in Florida waters in 2018, 132 of them were caused by red tide, including 10 from Manatee County, with six of those discovered around Anna Maria Island and Longboat Key, the FWC reports. An additional 79 manatee deaths are suspected to have been caused by red tide, for a total of 211 probable red tide deaths, more than from watercraft (121 deaths) last year.

As of Dec. 20, 2018, 127 dolphins had died from red tide in Florida waters, according to NOAA, which stopped tracking dolphin mortality during the federal government shutdown that was suspended today.

Causes

Florida red tide, or Karenia brevis, is a type of microalgae that emits a neurotoxin when it blooms. Deadly to marine life, red tide also can make shellfish unfit to eat and can cause respiratory irritation in people.

Scientists say that salinity, currents, temperature and light play a part in the formation of red tide blooms, in addition to:

  • nutrient runoff from Florida’s natural phosphate deposits
  • nutrients from the Loop Current, which brings Caribbean seawater to Florida’s west coast
  • natural and man-made nutrients that travel down the Mississippi River to the Gulf of Mexico
  • nutrients from iron-rich Saharan dust blown across the Atlantic Ocean to Florida’s waters
  • nutrients including nitrogen and phosphorus from fertilizers and animal waste.

Strong weekend for island wrestlers

Center athletes traveled north to Brandon last weekend to compete on the wrestling mat as a part of a competitive wrestling team. Two champions came from the Center of Anna Maria Island’s team, Andrew Harwood and RJ Phelan.

Phelan’s sister, Savannah, brought home third place along with William Pakbaz and Jay Harrison.

In a strong showing additional team members Riley Karecki, Bam Gartman, Victoria Phelan, Clancy Cusack and Ceegan Cusack finished fourth in their divisions.

The Island wrestlers are expected to only get stronger as the season progresses one tournament at a time.

Reel Time: Push poles – a must in skinny water

Push poles are as essential as rods and reels to anglers who stalk the flats. They have evolved from wooden poling oars hewn from solid timber to technological wonders of carbon fiber, Kevlar and graphite. In the early years of flats fishing, short poles were all that were needed as anglers’ hunted fish in shallow waters, poling from the deck and the motors of their boats.

As flats boats evolved, elevated platforms allowed anglers to peer into deeper water, requiring longer poles to reach the bottom. Long wooden poles were too heavy and cumbersome and anglers searched for lighter poles to propel them across the flats. Tubular aluminum and Fiberglas poles were developed with Fiberglas becoming the material of choice.

Technological advances in rod design shifted from Fiberglas to graphite, and it wasn’t long before graphite push poles began replacing Fiberglas. Graphite is light, causes the angler to expend less energy and allows a skiff to be poled faster. This material is able to store more energy under a load, giving it a much faster recovery rate that puts energy into propelling the boat. Fiberglas poles have a lot of flex and recover more slowly. Graphite poles can be made stiff with much less material, creating a lighter, more dynamic product.

Push poles are critical when stalking fish early and late in the day. – Rusty Chinnis | Sun

Initially, these new poles were crafted of pure graphite, but due to the cost and problems with breakage, products were developed that blended graphite with Fiberglas. Now the carbon fibers are blended with epoxy resin. The new push poles incorporate the strength of fiberglass with the lightness and dynamics of graphite. It also lowered the price point of the pole. The two most popular lines are manufactured with cutting edge materials including Kevlar and carbon fiber, incorporating techniques that allow them to be made strong without Fiberglas.

One of the most popular brands on the market is made by Carbon Marine in Tampa, offering three models of push poles. The Mangrove is the company’s entry-level push pole manufactured from 56-inch sections of carbon fiber and epoxy resin tubing. The Mangrove is its least stiff push pole and the company claims it gives anglers the lightweight advantage of carbon fiber, compared to Fiberglas.

The mid-range push pole, the G2LR is considered the work-horse class push pole. It’s built from 8-foot sections of stiffer carbon fiber and epoxy resin. The G2LR is one of Carbon Marine’s stiffest push poles. It provides one-piece push pole performance at a lower price-point.

The G3LR is the top of the line, one-piece push pole. G3LR push poles are cured in an autoclave resulting in an extremely lightweight, strong push pole.

Another top contender is Stiffy Push Poles. The company claims the Stiffy brand push poles are the strongest on the market. Stiffy makes a full line of push poles for flats guides as well as kayakers. Its top of the line push pole, the Stiffy Guide Series, comes in sizes from 12 to 22 feet. The 20-foot model weighs in at 3 pounds, 1.25 ounces.

The points and forks of most major push poles do not vary significantly. Most are made from a specially formulated abrasion resistant plastic for longer wear. The majority of forks are a simple Y design. A better option is a fork with a tapered mud bar that runs between the legs of the fork. The best are cupped, widened in the center for support and designed to shed mud better than standard forks. They allow the angler more latitude when poling over a soft bottom, so less effort is expended pulling the pole out of the soft bottom.

Anglers who pole over hard bottoms can opt for a metal tip that screws into the end of the point. The tip grabs bottom, wears longer, and is easier to push into the bottom to hold the boat. An appropriate length of the push pole is best determined by the depth of the water generally encountered and the size of the angler’s boat. Eighteen to 24-foot poles are most common.

Push poles are one of the most important components of the modern flats boat. There are a wide variety of push poles on the market for every budget. Check the warranty and make sure that you can get quick service if you ever need to repair or replace the pole. The most expensive poles can cost $1,000 plus each so it’s a good idea to actually try a push pole before investing in one.

Push poles help you approach fish quietly – a big advantage as more and more boats ply the flats making fish more skittish and harder to approach. For more information, visit Carbon Marine’s site and Stiffy’s website.

More Reel Time:

Reel Time: A new direction for Florida’s marine environment

Reel Time: The miracle of Matlacha

Reel Time: Sarasota Bay seagrasses take a big hit

WMFR celebrates excellence and career milestones

BRADENTON – Firefighters and staff with West Manatee Fire Rescue had a lot to celebrate Jan. 15 during the district’s annual awards ceremony held at the administration building.

Awards were given in recognition of meritorious service and years of service to the district, along with the Firefighter of the Year and Officer of the Year awards.

Honored for years of service were Firefighter Cameron Fraizer who’s been with WMFR for five years, Firefighter Jerrod Apple and Inspector Rodney Kwiatkowski for 10 years of service, Firefighters Brian Gaskill and William “Buddy” Bowen for 15 years and Firefighter Nathan Berbom for 20 years of service. Apple and Berbom were not present during the awards ceremony.

Captain-turned-Battalion Chief Ryan Moore’s family was on hand for his promotion. His wife and children came up to assist Moore in pinning on his new badge and celebrating his promotion.

Administrative Battalion Chief Ben Rigney, Battalion Chief Rich Losek and Firefighter Alex Flores were honored for their deployment to the Florida Panhandle with one of the district’s advanced life support fire engines as a part of a Hurricane Michael response team. The group was part of one of five strike teams from Manatee County and the only ALS engine in the group. Rigney served as leader of all five Manatee County teams during the more than one week of deployment. The strike teams were deployed to Port St. Joe and Marianna.

The next awards were the Firefighter of the Year and Officer of the Year awards chosen by a vote of the district’s firefighters. Chief Tom Sousa said this year was an anomaly being the first year that the district handed out two Firefighter of the Year awards, one to Firefighter/Paramedic Andrew Powers and another to Firefighter Josh Adkins. While he said it’s usually one firefighter who stands out among the rest over the course of the year, both Adkins and Powers received the same number of votes. Sousa said he “sees a bright future going forward” for both men.

The Officer of the Year award went to Battalion Chief Rich Losek for the second year in a row. Losek received a standing ovation from the attending firefighters for his work with the district. He is set to retire from the fire service in March.

Ending the evening’s festivities was the award of the gavel to 2018 board chairman Larry Jennis in honor of his first year as chair of the fire commission.

Officer of the Year, Battalion Chief Rich Losek, and Firefighter of the Year Josh Adkins strike a pose with Adkins’s wife. - Kristin Swain | Sun

Officer of the Year, Battalion Chief Rich Losek, and Firefighter of the Year Josh Adkins strike a pose with Adkins’s wife. - Kristin Swain | Sun

Inspector Rodney Kwiatkowski accepts accolades from Chief Tom Sousa on his 10 years with the fire department. - Kristin Swain | Sun

Inspector Rodney Kwiatkowski accepts accolades from Chief Tom Sousa on his 10 years with the fire department. - Kristin Swain | Sun

Chief Tom Sousa congratulates Administrative Battalion Chief Ben Rigney for his leadership as the leader of five strike teams deployed from Manatee County to assist with Hurricane Michael cleanup in the Florida Panhandle. - Kristin Swain | Sun

Chief Tom Sousa congratulates Administrative Battalion Chief Ben Rigney for his leadership as the leader of five strike teams deployed from Manatee County to assist with Hurricane Michael cleanup in the Florida Panhandle. - Kristin Swain | Sun

Chief Tom Sousa honors Battalion Chief Rich Losek as Officer of the Year for the second year in a row. - Kristin Swain | Sun

Chief Tom Sousa honors Battalion Chief Rich Losek as Officer of the Year for the second year in a row. - Kristin Swain | Sun

Newly promoted Battalion Chief Ryan Moore takes a moment to celebrate with his family during the awards ceremony. - Kristin Swain | Sun

Newly promoted Battalion Chief Ryan Moore takes a moment to celebrate with his family during the awards ceremony. - Kristin Swain | Sun

WMFR Commissioner Larry Jennis receives the gavel in honor of his service as the 2018 board chair. - Kristin Swain | Sun

WMFR Commissioner Larry Jennis receives the gavel in honor of his service as the 2018 board chair. - Kristin Swain | Sun

Firefighter Cameron Fraizer accepts an award from Chief Tom Sousa for five years of service with the district. - Kristin Swain | Sun

Firefighter Cameron Fraizer accepts an award from Chief Tom Sousa for five years of service with the district. - Kristin Swain | Sun

Firefighter Brian Gaskill accepts an award honoring his 15 years with the district. - Kristin Swain | Sun

Firefighter Brian Gaskill accepts an award honoring his 15 years with the district. - Kristin Swain | Sun

Chief Tom Sousa presents Firefighter/Paramedic Andrew Powers with the Firefighter of the Year award. This is the first year WMFR has awarded two firefighters with one of the district’s top honors. - Kristin Swain | Sun

Chief Tom Sousa presents Firefighter/Paramedic Andrew Powers with the Firefighter of the Year award. This is the first year WMFR has awarded two firefighters with one of the district’s top honors. - Kristin Swain | Sun

Battalion Chief Rich Losek presents Firefighter Josh Adkins with the Firefighter of the Year award. - Kristin Swain | Sun

Battalion Chief Rich Losek presents Firefighter Josh Adkins with the Firefighter of the Year award. - Kristin Swain | Sun

Firefighter William “Buddy” Bowen receives an award for 15 years of service with West Manatee Fire Rescue from Chief Tom Sousa. - Kristin Swain | Sun

Firefighter William “Buddy” Bowen receives an award for 15 years of service with West Manatee Fire Rescue from Chief Tom Sousa. - Kristin Swain | Sun

Castles in the Sand

2019 tax nightmare

The Christmas tree is put away, the leftover food and holiday cookies are hopefully gone, and the gifts have been returned to the mall – so what’s next? The day has arrived, the day that some Americans have been dreading for over a year, the day we have to start thinking about filing 2018 tax returns.

A couple of weeks ago I received an email from my mortgage lender labeled Important Tax Documents Enclosed. I knew what it was and, as with all other important tax documents received this time of the year, it immediately switched me into denial mode. Since the tax returns for 2018 will have significant changes, particularly to homeowners, I thought I would do you the favor of being one of the first to put you in the “I hate tax time” mood.

The Tax Cuts and Jobs Act that passed last year is the first major change to the American tax system in 30 years. The changes will help some individuals more than others but all of us will be affected, particularly homeowners.

There are a couple of major changes for property owners and they all have to do with mortgage interest and state and local taxes. First of all, the mortgage interest deduction can only be taken on mortgage debt of up to $750,000, which is down from $1 million prior to 2018 for mortgages on all properties. However, this only applies to mortgages taken after Dec. 15, 2017. Preexisting mortgages are grandfathered in. In addition, the mortgage interest deduction on primary and second homes, not investment properties, was saved and still can be taken.

However, interest on home equity debt can no longer be deducted at all, whereas previously up to $100,000 in home equity debt could be considered. There is an exemption to this if the home equity loan can be proven to be used substantially for home improvements.

The next really big homeowner issue is what is commonly known as SALT, which stands for state and local taxes. The new tax law puts a cap on this deduction of $10,000, including all owned properties. So, if the combination of state, property tax and sales tax is $15,000 for the year, you can only deduct $10,000. Naturally, this is a very big issue in states that have high state income taxes and even higher property taxes. Fortunately, Florida is not one of those.

Contributions are mostly the same, but medical expense deductions have been reduced from 10 percent of adjusted gross income to 7.5 percent of adjusted gross income. There are a few other things that can no longer be deducted like tax preparation expenses, moving expenses and others.

The standard deduction increase, however, is probably the biggest change to the tax code which involves everyone. The standard deductions for individuals and married couples have just about doubled from previous years to $12,000 for individuals and $24,000 for married couples. For many households, the increase in the standard deduction may not make it worthwhile to itemize your tax return. For example, a married couple pays $8,000 in mortgage interest, makes $4,000 in charitable contributions and pays $5,000 in state and local taxes totaling $17,000 in deductions. With a $24,000 standard deduction, it may not be worthwhile for this couple to itemize. Since everyone’s tax returns are different, a tax professional should always be consulted.

Good mood, bad mood, yours depends on your unique tax situation. But in the long run, it’s only money and there are always more important things, so get out of the denial mode.

More Castles in the Sand:

Is a piece better than the whole pie?

2019 real estate trends

Red tide, hurricanes and interest rates

Jane Seymour

Jane Seymour wows ‘em at Studio

ANNA MARIA – Actress Jane Seymour capped a busy day in Manatee County by hosting as many as 200 people at a party at The Studio at Gulf and Pine Friday evening.

The renowned star of television and movies met with dignitaries from Anna Maria Island and the county government. The Chiles Group, the Bradenton Area Convention and Visitors Bureau and Realize Bradenton made Seymour’s visit possible.

Seymour is a noted actor, artist and author and her artwork was on display at The Studio in a show called Up Close and Personal: The Art of Jane Seymour. The display will continue until Feb. 9.

Seymour mingled with the crowd, talking about her art and a special project, her Open Hearts Campaign. She has a line of jewelry by that name and she said the campaign urges people to keep an open heart so you may give and receive love.

She unveiled an “Open Hearts” sculpture at the Bradenton Riverwalk earlier in the day.

Jane Seymour
Actress Jane Seymour sits on her sculpture at Riverwalk in Bradenton. – Tom Vaught | Sun

Bradenton Mayor Wayne Poston and a number of dignitaries spoke after the unveiling of the sculpture, which has two hearts open at each end, like her Open Hearts by Jane Seymour® jewelry line.

The open heart is a state of mind to Seymour, who urges people to keep their hearts open and love will come. It also says love has no boundaries and flows unconditionally.

Seymour has a website that provides an interactive forum for people to discuss how keeping an open heart has changed their lives.

Jane Seymour – Tom Vaught | Sun

Seymour also gave a cooking display at The Studio and she stayed true to her vegan lifestyle, but mostly she talked with visitors and posed for photos with them.

The next day, Seymour appeared at the Manatee Performing Arts Center at noon, when she talked about her artwork and answered questions from the audience.

Seymour is known for her performances in the James Bond film “Live and Let Die,” the film “Somewhere in Time” with Christopher Reeve, and the television series “Dr. Quinn, Medicine Woman.” Her work has earned her an Emmy, two Golden Globes and a star on the Hollywood Walk of Fame.

While at The Studio, she was asked if this was her first time on Anna Maria Island.

“Yes,” she answered, “but it won’t be my only time.”

Weekend red tide forecast varies

ANNA MARIA ISLAND – The University of South Florida/Florida Fish and Wildlife Conservation Commission (FWC) predicts no red tide through Monday, Jan. 21 in Manatee County, but NOAA predicts respiratory irritation, according to today’s reports.

While the USF/FWC Collaboration for Prediction of Red Tides gives the all-clear to Manatee County, NOAA’s Gulf of Mexico Harmful Algal Bloom Bulletin today predicts moderate levels of respiratory irritation through Monday, Jan. 21 on Manatee County’s Gulf side and moderate to high levels of irritation on the bay side.

NOAA defines “moderate” levels as affecting the general public with mild symptoms, in addition to those sensitive to red tide and those with chronic respiratory conditions.

Concentrations of red tide are patchy, and respiratory irritation will vary based on bloom concentration, ocean currents and wind speed and direction, according to NOAA, which notes on its website that “Parts of the U.S. Government are closed. However, because the information this site provides is necessary to protect life and property, it will be updated and maintained during the Federal Government shutdown.”

Mote Marine Laboratory’s beach report today showed no respiratory irritation at Manatee Beach or Coquina Beach.

Red tide was not found in water samples at the Rod & Reel Pier in Anna Maria, the Longboat Pass boat ramp in Bradenton Beach or Palma Sola Bay on Jan. 14, according to today’s FWC report.

No fish kills were reported in Manatee County, but respiratory irritation was reported on Jan. 10-12, Jan. 14 and Jan. 16-17 at Coquina Beach in Bradenton Beach and Jan. 10, Jan. 12, and Jan. 14 at Manatee Beach in Holmes Beach, according to the FWC.

The bloom began in Southwest Florida in October 2017 and arrived in Anna Maria Island waters on Aug. 3; it has now surpassed the most recent record red tide of 2005-06.

Florida red tide, or Karenia brevis, is a type of microalgae that emits a neurotoxin when it blooms. Deadly to marine life, red tide also can make shellfish unfit to eat and can cause respiratory irritation in people.

Bradenton Beach sunshine lawsuit Sanclemente

Sunshine lawsuit depositions continue

BRADENTON BEACH – Former mayor Jack Clarke and current City Clerk Terri Sanclemente have been deposed in the city’s ongoing Sunshine Law lawsuit.

On Monday, Jan. 7, Clarke was the first person deposed by the attorneys representing two of the six defendants.

Clarke is a co-plaintiff with the city of Bradenton Beach in the civil lawsuit that seeks a circuit court judge’s determination as to whether six former city advisory board members violated the Florida Sunshine Law that requires elected commission members and appointed advisory board members to conduct their official city business in properly noticed public meetings.

Clarke’s deposition revealed a defense strategy being pursued by attorney Thomas Shults, who is representing former Planning and Zoning Board member John Metz.

Early in the seven-hour deposition, Shults asked Clarke if he’s familiar with the phrase “acting in bad faith.” Shults spent much of the day trying to establish that Clarke, City Attorney Ricinda Perry and the City Commission acted in bad faith when filing the lawsuit against Metz, Reed Mapes, Tjet Martin, Patty Shay, Bill Vincent and Rose Vincent in August 2017.

The allegations stem from the Concerned Neighbors of Bradenton Beach (CNOBB) meetings that took place that summer when all six defendants served as city board members while participating in CNOBB meetings that were not conducted at city hall.

Shults’s defense strategy is partially based on the contentious relationship Clarke and Metz have had in recent years. Shults questioned email exchanges that occurred between Clarke, as a private citizen, and The Sun reporter who first reported the alleged violations. Several of those emails pertained to letters to the editor Clarke penned regarding Metz’s actions.

These actions included lawsuits Metz filed against the city and the 2015 lawsuit Metz filed against Clarke personally in hopes of keeping him off the special election recall ballot that resulted in Mayor Bill Shearon being removed from office.

Shults noted that one of Clarke’s letters was critical of the legal fees Metz has subjected city taxpayers to and how that differs from the cost of the Sunshine lawsuit in which the city is now involved.

Clarke acknowledged that he has not yet been billed for any of the more than $116,000 in legal fees the city has accrued so far. He also said he’s aware that Metz could come after him for his legal fees if it’s proven the lawsuit was filed in bad faith.

When asked why he agreed to be a co-plaintiff, Clarke said, “They broke the law. It’s that simple.”

Sanclemente deposition

Shults spent much of Sanclemente’s Jan. 9 deposition discussing her responsibilities as the city’s official records keeper. He asked about her training and certification and the duties placed on her staff.

He questioned the role Sanclemente played in preparing the signed affidavit and exhibits attorney Robert Watrous filed in support of the city’s lawsuit.

Shults noted one of those exhibits was the oath of office Metz took when he joined the Planning Board in 2014. Shults questioned why that document was not stamped as being notarized. Sanclemente said that occurred before her time and that would have been the responsibility of then-deputy clerks Tammy Johnson or Audra Lanzaro.

Shults asked if the city’s Land Development Code (LDC) is posted on the city website. Sanclemente said it is, but the city’s website currently is shut down while being upgraded. Shults asked if the LDC is posted at the city’s Municode page. When Sanclemente said it was, Shults produced a screenshot that indicated otherwise.

Perry and City Planner Alan Garrett are scheduled to be deposed next. The case is scheduled for a March trial.

Related coverage

Trial date set for Sunshine lawsuit

Commissioner deposed regarding Sunshine lawsuit

Sunshine lawsuit depositions continue

Beach Smoking ban

Gruters proposes statewide beach smoking ban

SARASOTA – If Florida Senator Joe Gruters (R-Sarasota) has his way, Anna Maria Island’s beaches and those throughout Florida would become no-smoking zones.

Filed on Jan. 2, Gruters’ Senate Bill 218 seeks to prohibit tobacco use on public beaches and issue citations and $25 fines to first-time violators.

Gruters’ proposed legislation seeks to create a new state law that says: “Smoking prohibited on public beaches… It is unlawful for any person to smoke tobacco on a public beach.”

The legislation does not specifically address vaping.

Gruters was among those who attended Gov. Ron DeSantis’ press conference in Sarasota last week. When asked afterward about his proposed beach smoking legislation, Gruters said he thinks it’s “disgusting” to see someone throw a cigarette butt on the beach or to stick your hand in the sand and come up with a cigarette butt.

“This is basically the result of me having discussions with constituents. People kept telling me they didn’t like sitting next to people who smoked. People have the right to smoke and hopefully, we can provide them designated smoking areas on the sidewalks.

“But the bottom line is we need to make sure we protect peoples’ rights to have quiet enjoyment of the natural resource, which is the beaches, and protect our residents and tourists so they can come enjoy them without having to experience secondhand smoke,” Gruters said.

In 2013, Sarasota County’s beach-smoking ban was deemed unconstitutional after being enacted by the Sarasota County Commission in 2007. State law, however, grants the state Legislature the sole authority to ban smoking at public beaches statewide.

Vacation rental regulation

The Sun also asked Gruters if he anticipates the state Legislature repeating its past unsuccessful efforts to repeal or further restrict local governments’ ability to regulate vacation rentals.

“My predecessor had those bills the last two years, and I don’t know if there’s as much energy towards pushing that forward now that he’s gone. Only time will tell,” Gruters said.

Gruters now holds the senate seat vacated by former Florida Sen. Greg Steube. Steube and State Rep. Mike LaRosa led those past legislative efforts, but Steube is now a U.S. Congressman.

Florida’s 2019 legislative session will begin March 5 and continue for at least 60 days.

Island players I Hate Hamlet cast

You’ll love ‘I hate Hamlet’

ANNA MARIA – Every once in a while an actor finds that perfect role, or is it the role that finds that perfect actor? That’s what happens in “I Hate Hamlet” by Paul Rudnick, now playing at the Island Players, when James Thaggard plays the ghost of John Barrymore.

His over-the-top performance was wonderful and it was contagious as the rest of the cast was brilliant to match Thaggard’s energy.

The special effects were perfect, especially as Barrymore’s ghost exposed his presence to most of the characters, but not all.

Brian Dewey was great as Andrew Rally, a Los Angeles actor who moves to New York on the advice of his agent, Lillian Troy, played brilliantly by Caroline Cox, after his television show is canceled.

He feels down on his luck as his girlfriend, Dierdre McDavey, played sweetly by Katherine Dye, won’t have sex with him until she knows he’s the one she wants to spend the rest of her life with. But he is unsure of his future because he has accepted the role of Hamlet, and he’s not too fond of Shakespeare.

His real estate agent, Felicia Dantine, played by Caroline Zaput, finds him an apartment that was once owned by John Barrymore, who was known for his great portrayal of Hamlet.

Dantine is also a medium, and they try to communicate with him, but when it seemingly fails, everyone goes their own way, but Barrymore finally appears to Rally.

The final character is Gary Peter Lefkowitz, played perfectly by Brian Dewey. He’s a laid back L.A.-style actor who comes to New York with a lucrative offer for Rally, a television show back on the West Coast.

Barrymore, however, wants Rally to do Hamlet, and with flare, he tries to convince him to do real acting, not inane television shows.

The play is delightful with few lulls in the action, and as for Thaggart’s performance, we think Barrymore would be very impressed.

For tickets or information, call 941-778-5755.

Center sports ACE Hardware

Teens hit the gridiron: ACE Hardware takes the easy win

For more than 10 years, nearly half of the 27 boys in the 14- to 17-year-old flag football league have been friends on and off the flag football field at the Island’s community center. Now some of those same players who first took to the field when they were four years old are driving themselves to the games.

New and newer players to the league were welcomed by lifelong friends to play one of the most popular sports on the Island. ACE Hardware’s Bryce Gunter and Tyler Richards and Aaryn Scalone for Blue Lagoon secured their spots in The Center sports records in the first week of play after two weeks of rain postponements.

Thursday night the boys started another season at The Center of Anna Maria Island. With many of the supportive parents still in the bleachers rooting for and cheering on players on both sides of the field, ACE Hardware coach Chuck McCracken watched his team play a fun game of flag football against Blue Lagoon, coached by Randy Langley.

Despite the final score of 40-12, both teams playing in the recreational league laughed and relaxed during the two halves of play, enjoying a little time away from the pressures of high school and life as a teenager.

Free of video games and cell phones and friends since preschool, Tyler Brewer and Tuna McCracken took the field for ACE Hardware. During the first set of downs, Blue Lagoon’s possession of the ball was cut short by an interception by McCracken.

The ACE Hardware interception was run back for a touchdown, giving the team a quick six-point lead.

Blue Lagoon took back the football after the failed point after by ACE. The team, led by Rutger Langley, went three and out with a near interception. He is joined on the team by his younger brother Roman Langley. The Langleys attended Anna Maria Elementary School with many of the other boys in the league.

ACE Hardware’s Connor Ludwig, who joined the Island bunch in middle school, scored the next touchdown on a bomb by Brewer. Ludwig’s consistent receptions have been his trademark in the league for years.

Once again unable to convert, Blue Lagoon’s QB in the series felt the pressure of Brewer’s cousin Travis Bates. Bates forced Chris Snyder, who joined the league in elementary school, to scramble out of the pocket while waiting on an open receiver.

Three snaps of the ball are all it took for ACE Hardware to be on the march once again.

Blue Lagoon held its own preventing the ACE first down. Rutger Langley, as the quarterback, hit league veteran Jeremiah Sculco for the Blue Lagoon touchdown.

Also missing the extra point, Blue Lagoon left the score at 12-6.

Ludwig’s next great catch, with two minutes on the scoreboard clock, was followed by a short touchdown pass to Brewer. A sliding reception by Ludwig in the end zone took the score to 19-6.

Coming back on the field after halftime, Blue Lagoon took the ball on offense only to be intercepted by ACE Hardware’s David Daigle. Daigle, who met McCracken and Brewer in kindergarten at Anna Maria Elementary School, ran the ball into the end zone after the interception with Snyder diving unsuccessfully for the flag pull.

The score stayed at 25-6 as the result of another failed point after.

A faulty Blue Lagoon snap and a pass beyond the line of scrimmage led to the loss of the ball. The offensive possessions changed several times before ACE Hardware once again scored.

Daigle’s next catch of the game gained critical yards for his team. On the next snap, McCracken hit Morgan Horesh, who met his teammates in the third grade. Horesh ran the football the remaining length of the field for another ACE Hardware touchdown and the extra point.

Instituting the no rush mercy rule on ACE Hardware for having more than a 21-point lead, with the score 32-6, Snyder made a beautiful run on the first snap in the possession for a touchdown, slipping through the hands of all of the ACE Hardware defenders.

The missed point after left the score 32-12.

Showing his ups, Ludwig snagged the high pass by McCracken, turning after the catch to run for another six points. The extra point conversion increased the deficit to 28 points.

The final play of the game gave Snyder the ball with defenders purposefully at a standstill paving the way to end zone with the same love of playing on the community center’s field they did a decade ago.

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Castles in the Sand

Is a piece better than the whole pie?

A very long time ago in the history of writing this column, I discovered fractional ownership as a new and interesting real estate topic. I quickly dropped the subject when I realized it wasn’t something that had caught on in great numbers across the vacation real estate industry. Well, recently there was an extensive piece in The Wall Street Journal about fractional ownership which sparked my interest again, so I took another look.

As all of us who live in Florida, and certainly on Anna Maria Island, know, second homes are the ultimate discretionary purchase. Many people would like to have one but no one really needs one. Therefore, it would appear that fractional ownership arrangements would be the perfect fit for potential second homeowners. But are they and how do they compare to timeshares?

Timeshares and fractional ownerships are very similar in that they can be sold, gifted or inherited, and require annual maintenance fees. Fractional owners receive a real property deed whereas timeshare owners receive a type of deed but specifically for an assigned period of time, usually one or two weeks. In addition, fractional properties are usually organized into residence clubs, which appeal to more upscale buyers with higher prices, nicer amenities and fewer owners than timeshares, making the concept as well as the properties more exclusive. But be careful. The more fractions that are sold, the more they resemble timeshares.

Also, proponents of fractional properties point out that a purchase of a fractional property can be arranged for much longer periods of time, creating more of a second home concept instead of just a vacation getaway. In addition, the case can be made that fractional ownership provides equity benefits with more of the possibility of making a profit when it’s sold, but like all real estate, there are no guarantees. Although timeshares can appreciate in value, depending on the property and location, typically they do not. Of course, conventional financing for both fractional ownerships and timeshares is near to impossible.  Purchases are generally made with cash.

So, who are the buyers of fractional ownership? They are generally people who can afford a vacation home but don’t have the time to use it on an annual basis and just want a winter or summer getaway. Or, as the Wall Street Journal piece pointed out, they may be people who want to spend months hopping from one fractional to another around the globe.

Although there are fractional ownership properties in Florida, I couldn’t find any on Anna Maria Island. Two of the big players in fractional ownership clubs are Timbers Resorts and Elite Destinations. There is also the Luxury Fractional Guide online to check out if anyone is interested in further research, and you should do your research. Since fractional ownership clubs make their money on selling the properties and reselling the properties, it’s important to verify that their maintenance program is well funded and well managed.

The fractional ownership concept makes me a little uneasy, but for owners who want a property in an area with escalating property values, it may be the only way to spend time there for more than just a quick visit. While I was doing my research, I found that Cabo San Lucas, Mexico, had several fractional ownership clubs. It just so happens that I’m headed there at the end of the month. What are the chances of me coming back with a new deeded property? I don’t think so; I want all of the pie.

More Castles in the Sand:

2019 real estate trends

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Holmes Beach tree house file photo

Tree house case continues in court

BRADENTON – It was a win and a loss for both sides during a Jan. 8 hearing in Judge Edward Nicholas’ courtroom on the tree house case.

New to the case, Nicholas dismissed the City of Holmes Beach’s motion to default, an attempt to push the case to a trial, and the tree house owners’ motion to abate, saying the move wasn’t warranted at this time. Both sides of the years-long case will have the opportunity to have their motions reheard, including a declaratory judgment request filed by attorney David Levin on behalf of owners Lynn Tran and Richard Hazen in 2013, and not pursued by either side until now.

During the Jan. 8 court proceedings, Levin argued that the declaratory judgment needs to be ruled on before the case can go to trial. On behalf of the city, attorney Jim Dye argued that the case has gone on long enough, since a code enforcement hearing in 2013, and the city wants to “go to trial and get a resolution as quickly as possible.” He also said that with different hearings and rulings happening in the case since the submittal of the request for declaratory judgment, the complaint is obsolete and would need to be redone to take into account all of the facts of the case in the previous five years.

The March 5, 90-minute conference will allow the court to consider the nature of discovery, if any, needed for a trial, determine if the declaratory judgment needs to be resolved before going to trial and allow both sides to tell their stories to the new judge on the case. If the case goes to trial, it will be to receive a ruling on the city’s request for injunctive relief and motion for default. These would either require Tran and Hazen to pay more than $65,000 in code enforcement fees and remove the tree house themselves or allow the city to forcibly remove the structure.

Holmes Beach tree house judy
Holmes Beach Mayor Judy Titsworth listens to councils’ arguments during a hearing for the tree house case. – Kristin Swain | Sun

The tree house has been the subject of much debate in the city since it was built in the last half of 2011. The two-story structure is built partially in an Australian pine and supported by telephone poles designed to look like trees.

Tran and Hazen argue that they went to city hall before building the tree house to ask if they needed a permit and were told ‘no’ by a building department staffer. City leaders have previously argued that a permit was needed, that the tree house is potentially hazardous to neighbors in a storm, and that the tree house was built partially over the erosion control line on public land. The owners maintain that the structure is entirely on their property and within required setbacks from the erosion control line.

While the owners applied for after-the-fact building permits from the city, Building Official Jim McGuinness found that the supports for the tree house were not deep enough in the sand, the structure could not be made ADA compliant, and to bring it up to code would require tearing it down and rebuilding it, which could happen only if the owners could get a permit from the Florida Department of Environmental Protection.

The tree house case is back in court on Tuesday, March 5 at 9 a.m.

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