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Tag: Anna Maria Island

West Manatee Fire Rescue Administration Building

WMFR commissioners seek legislative change

BRADENTON – West Manatee Fire Rescue commissioners didn’t get quite what they bargained for when Attorney Jim Dye appeared before them to discuss the district’s practice of offering exemptions to assessments for some property owners.

While the district has historically offered assessment exemptions to all people and organizations allowed tax exemptions, Dye said an opinion from the Florida Attorney General to the North River Fire District on the matter says the fire districts don’t have the right to grant exemptions. Dye said his interpretation of the opinion given by the Attorney General is that the only exemptions to assessments allowed are those for government-owned properties used for government purposes that are not leased. Otherwise, the district could face legal action if some property owners are charged the fire assessment fee and others are not.

Historically, the district has given an exemption to everyone who would be exempted from ad valorem taxes – churches and parsonages, public schools, parks and recreation areas, colleges, hospitals, the disabled and disabled veterans of the armed services. Chief Tom Sousa said the exemptions affect about 200 properties in the district, amounting to around $76,000 in assessments. And now that commissioners know there’s a problem, the practice of granting exemptions can’t continue without legislative change at the local and state levels.

“The desire to do this is coming from a good place,” Dye said. “The risk is an audit if the district is found operating outside its scope of authority or ending in a lawsuit because someone gets a break they shouldn’t have and someone else feels they were unfairly assessed.”

He added that it’s unlikely but possible that continuing the practice without legislative change could open commissioners up to personal liability since it’s on the record they received a legal opinion on the matter. For someone who had the assessment exemption and lost it to take the district to court, Dye said, would place the property owner in a legally indefensible position because of the Attorney General’s opinion. He suggested sending a letter to all affected property owners explaining why the exemptions would no longer be granted.

“We just need to fix it,” Commissioner David Bishop said. “I don’t want to be doing something that I feel is wrong. We need to fix it through the Legislature, not just blindly send people a tax bill.”

“It’s a legislative fix,” Dye said. He reminded commissioners that it’s the state Legislature that created and governs special districts, including what powers their leaders have.

To make the exemptions legal, district commissioners need to do two things. The first is to change the district’s enabling act, which currently states assessments are set by board resolution but does not mention exemptions. A line would have to be added to allow for the exemptions even though exemptions are addressed in the assessment resolution. The second is to petition lawmakers in Tallahassee to change the legislation governing special districts to allow for exemptions. With deadlines looming for commissioners to set this year’s tax roll with the Manatee County Tax Assessor’s Office and set an assessment rate, some people who have never gotten a bill from the district for services may get one this year on their property tax statement.

“I think our hands are tied this first year,” Commissioner Randy Cooper said.

Bishop said that while he understands the necessity of the situation, it still doesn’t feel right to him.

“If we collected by ad valorem these people would be exempt,” he said. “We can’t put our heads in the sand. I think we have no choice now at this point than to assess these people.”

Commissioners rallied around Dye’s suggestion of writing a letter to each affected property owner explaining the situation and how the district is attempting to fix it.

“It needs to be a carefully worded letter to help them understand that we have no choice,” Commissioner George Harris said.

Commissioners voted unanimously for Dye to come back to them with suggested language to change the district’s enabling act and to present for discussion to state legislative delegates.

While the district cannot encourage affected property owners to lobby for change with the state legislature, Bishop and Harris both said they hope property owners will support the district in its move for legislative change.

“This needs action,” Harris said.

Bradenton Beach driveway disturbed

Driveway restoration discussed

BRADENTON BEACH – Commissioner Jake Spooner initiated a follow-up discussion on driveway restoration during last week’s City Commission meeting.

Portions of several driveways along Avenue C have been or will be torn up by Westra Construction as county sewer and water lines are installed in city rights of way.

At the commission’s Feb. 6 work meeting, it was learned that Westra is only obligated to replace driveway materials removed from city rights of way with 57 stone – the same material to be used by the city when stormwater infiltration trenches are installed along Avenue C and other locations later this year. Westra is not required to replace pavers, concrete, asphalt, shell or gravel removed from city rights of way.

The restoration conditions were established in a letter drafted by Burnett and sent to the county’s project manager in June.

“It’s definitely too late to make the county do it,” Mayor John Chappie said, when discussing the complete restoration of impacted driveways at the Feb. 15 commission meeting.

When seeking the commission’s approval to write the restoration letter, Burnett told the commission the disturbed rights of way would be restored consistent with the current adopted land development code and city standard details, but 57 stone was not specifically mentioned.

Chappie referenced a conversation he recently had with Building Official Steve Gilbert regarding the right of way use permit then issued to Westra.

“It’s my understanding there are no standards for driveways in our land development regulations,” Chappie said.

Cost estimate questioned

Spooner said he didn’t think the driveway restorations would cost nearly as much as the $580,000 worst-case scenario Burnett suggested at the work meeting.

“I think that figure was a little off,” he said.

“I think it was way off,” Chappie added.

Spooner said he thought Burnett’s estimate of 100 driveways along Avenue C was also high.

He said most of the Avenue C driveways are covered with shell, gravel or pavers, and Westra is setting removed pavers aside, which means they could be put back in place without buying new ones.

Spooner also noted pavers, asphalt and other driveway materials could be placed atop the 57 stone without significantly impacting its subsurface drainage capabilities.

Chappie said Gilbert estimated the restoration efforts, if pursued, might typically cost $400 per driveway.

Commissioner Ralph Cole said he drove down Avenue C and didn’t see that many torn up driveways. He agreed that removed pavers, stones or shell could be easily replaced or restored.

Cole asked if it’s common for a county project to not require the full restoration of disturbed driveways.

“It depends on how they bid the job. It’s an extra cost for the contractor,” Chappie said.

Spooner said Westra is using directional underground boring equipment to install its lines, which could result in fewer driveways being torn up.

“But we’re going to have other areas on other streets where we’re doing stormwater stuff. There still some more work to do. Are we going to replace the driveway areas in the city right of way and put them back to the way they originally were? We have to look at the money and see where it could come from,” Chappie said.

Chappie received commission consensus to direct city staff to begin photographing potentially impacted driveways and he said he would will schedule another commission work meeting.

A ride down Avenue C after Thursday’s meeting indicated 35 shell driveways, 23 paver driveways, eight concrete driveways, six asphalt driveways, one rock driveway, one grass driveway and one concrete sidewalk in the city rights of way.

The largest asphalt driveways are the parking lots at the Lay-Z Liv-N condominiums. A Westra employee said the parking lot and palm trees in the right of way on the west side of the street would likely be impacted.

Holmes Beach dog park

Changes proposed for dog park

HOLMES BEACH – Dog park users and members of the Holmes Beach Parks and Beautification Committee are finally making some progress in determining changes to present to commissioners for the city’s dog park.

During a special committee meeting, users and committee members discussed how each would like to see the $50,000 in funds allocated for park improvements used. Some of the ideas, which will be presented to commissioners when a fully-formed plan is in place, include redoing the rusting fence, adding benches, adding turf in areas where grass doesn’t grow and putting in new water fountains for dogs and their humans.

Other ideas are to add access gates, change gate access to a push button system, add landscaping in and around the park and add sunshades. At the end of the meeting, after public input, committee members also amended a previous vote, agreeing to present an idea to commissioners to expand the park slightly by squaring it off on the south end where the park curves around the city’s ball field.

Committee member Joshua Linney said squaring off the south end of the park will add a small amount of space to the large dog park, allowing for more dog run areas, and also may allow committee members to move the dividing fence line between the large and small dog parks, giving both more room.

Committee member Dennis Groh proposed adding coco plums to the outer perimeter of the park to beautify the exterior while also helping to block sound from the park for surrounding residential homes. Committee members voted to add the plants to two sides of the fencing, but leave one open to allow easy sight lines for park goers. Also around the perimeter, committee members agreed to propose black, vinyl-coated fencing with four gates into the park, two for each side, along with maintenance entrances for city workers.

Inside the park, the vote was to add benches, add a metal sunshade to each side of the park, put in water fountains for both humans and dogs to use and add pavers underneath the benches. With the pavers, committee members hope to discourage dogs from digging underneath the benches.

Wolf Fibar, a material designed for use in dog parks that resists bacteria and resembles wood mulch, is recommended to be used experimentally underneath one bench to see how the dogs react to the new substance. Two trees are planned to be added to the interior of the park as a part of April Arbor Day celebrations.

Committee members said City Engineer Lynn Burnett is working to address the drainage situation in the park to prevent future flooding during rain events.

One item that was a hot-button issue for dog park users is current access to the park. Despite new large signs being added to the dog park advising of rules and regulations, users said only two gates to the park were opened, creating an access issue.

“I don’t understand what it takes to open a gate,” resident Don Anthony said. “What is preventing us from getting a sign and opening the south gate today?”

Public Works Foreman Dave Benton said part of the issue with putting up signs, which would allow gates to be opened, is the ongoing push to renovate the park. With work already being planned for the area, he said it would be preferable to wait until work is completed before placing the signs.

Committee member Zan Fuller committed to speaking with Mayor Bob Johnson and working to rectify the situation temporarily while park improvements are in the planning phase.

“Some of the things will be an easy fix,” Fuller said, “and some things will take some time.”

“Ya’ll have done wonders today,” Anthony said near the close of the meeting. “You’ve done more today than has been accomplished in years.”

As plans for dog park improvements continue to evolve, anyone with suggestions is asked to contact Linney at jlinney@holmesbeachfl.org to have their comments considered by committee members and discussed at a future meeting.

Related coverage

 

Plans form for dog park improvements

Help remodel the Holmes Beach Dog Park

Burton/Bratton store

Entertainment

Museums

Shake Your Buoy

The Florida Maritime Museum (FMM), at 4415 119th St. W., Cortez, presents the Shake Your Buoy donor event and soft opening for the Burton Store on Wednesday, Feb. 28, from 5:30-7:30 p.m. Shake Your Buoy features light refreshments and live music from the Shanty Singers with traditional tunes from salty sailors. Short tours of the museum and the newly-renovated historic Burton Store will also be given throughout the evening along with some sneak peeks of the projects the museum has on the horizon. This event is open to the public and is a celebration of donors who have contributed to the renovations of the Burton Store coming to a completion and to the members of the community who have encouraged the progress over the years. The two-story historic Burton Store was the original general store for Cortez and was originally located on the Cortez waterfront where the present day Coast Guard Station is located. The downstairs of the store has been renovated to be used as classroom space for The Folk School at Florida Maritime Museum and the upstairs to be used for collection storage and a research library. RSVP is appreciated by calling 941-708-6120.

Folklore program

The Florida Maritime Museum, 4415 119th St. W. Cortez, will be closed to the general public on Saturday, Feb. 24, to host a day-long program from 10 a.m. to 5 p.m. where members of the community can immerse themselves in the region’s traditions and culture. The study of folklore is the study of the traditional beliefs, legends and customs of a people. This full-day program is a community-based educational event that highlights tradition-bearers, someone who “is an expert at a traditional art or skill and passes that knowledge on within a cultural group” according to Florida State Folklorist Amanda Hardeman. The event is presented by the Florida Department of State’s Florida Folklife Program and will be hosted at The Folk School at Florida Maritime Museum. The forum provides community members the opportunity to learn about southwest Florida’s traditional arts and culture while learning techniques on how to conduct their own oral history projects. Full day admission to the Southwest Florida Cultural Conference is $25 including lunch, which is being generously donated by SwordFish Grill & Tiki Bar. To register, visit FloridaFolkSchool.org.

Books

Local author Mary Maki will sell and sign copies of her new mystery, “Fatal Dose,” at the Island Branch Library, 5701 Marina Drive, Holmes Beach, on Thursday, Feb. 22, from 1-3 p.m. Maki spoke previously of her first mystery, “An Unexpected Death.” The main character of both books is Caitlyn Jamison, a fictional character who gets drawn into solving the mysteries. For more information, call the library at 941-778-6341.

Lectures

Dream come true

Hear how a dream came true at the Island Branch Library’s Friends’ Travel and Lecture Series event on Thursday, Feb. 22, at 2 p.m. at 5701 Marina Drive, Holmes Beach. Adam Ellis opened the Blue Marlin restaurant on Bridge Street in 2011 with a dream of combining fresh seafood with great recipes, and it became an award-winning dining establishment. He thanks his friends, family and locals for his recipe for success. The lecture is free, and seating is on a first-come, first-served basis. For more information, call the library at 941-778-6341.

Digital Future

Alex Beavers presents “Our Digital Future: Hopeful to Hopeless” at the Island Branch Library, 5701 Marina Drive, Holmes Beach, on Wednesday, Feb. 21 at 1 p.m. This free event is part of the Lifelong Learning Academy’s series of lectures. For more information, call the library at 941-778-6341.

Markets

Senior Adventures will hold its end of month book sale and potluck lunch at Annie Silver Community Center, 103 23rd St. N., Bradenton Beach from 10 a.m. to 1 p.m. on Friday, Feb. 23. Join them for a relaxing time shopping for books and learn what they have planned for the senior’s future entertainment and education. For more information, call Kaye Bell at 941-538-0945.

Parks and nature

Join Manatee County Parks and Natural Resources for a naturalist-led wagon tour of Robinson Preserve, 1704 99th St. N.W., Bradenton,  on Saturday, Feb. 24, from 9 to 10 a.m. These special tours provide access to portions of the preserve that normally take 30 to 45 minutes to reach by foot. The tour guide will interpret the land’s history, habitat, wildlife and plants. The tour is suitable for all ages. Seats are available on a first-come, first-served basis. Tour organizers recommend arriving 15 minutes in advance during this busy time of year; meet at the wooden ramp near the screened-in pavilion.

Health

Medical advice at JOY

JOY (Just Older Youth), of Roser Community Church, 512 Pine Ave., Anna Maria, invites all to a talk by Kathleen Hnat, CPh, director of pharmacy, HealthSouth and Erin McKeown, BSN, RN, HealthSouth infection preventionist, on “Bugs and Drugs” at 11 a.m. on Wednesday, Feb. 28. Lunch will be provided at no cost. Those interested are asked to make a reservation before Sunday, Feb. 25  by calling the church office at 941-778-0414 or visiting www.roserchurch.com/joy. Please notify of dietary restrictions.

Find your Zen

Sheryl Spikes will teach a healing meditation class on the fourth Saturday, of every other month; March 24, May 26, July 28, Sept. 22, and Nov .24 at the Anna Maria Island Art League, 5312 Holmes Boulevard, Holmes Beach. A full-time Island resident for more than 30 years, Spikes has been a licensed registered nurse for more than 50 years, practicing energy healing work and teaching meditation and is a Reiki Master for the past nine years. The cost is a donation and proceeds go to the AMI Art League. Space is limited. For more information or to register, call 941-778-2099 or visit The Anna Maria Island Art League between 10 a.m. and 2 p.m. on Mondays, Wednesdays or Fridays.

Tree house

City to pursue tree house demolition in court

HOLMES BEACH – The beachfront tree house in front of Angelinos Sea Lodge won’t stand much longer if city leaders have anything to say about it.

City commissioners voted unanimously to reject demands from the tree house owners that would allow them to retain the structure and to pursue a court order to have the two-story tree house taken down.

Treehouse owners Richard Hazen and Lynn Tran were given until Feb. 9 to apply for a demolition permit with the city. In the hopes of reaching an agreement with the city to end years of litigation and keep the tree house, Hazen and Tran instead submitted a letter of notice and demand refusing to file for a permit and asserting that the city has violated their rights by attempting to force them to remove the structure.

Their demands, with a deadline of April 11, require the city to revoke a 2013 code enforcement board decision requiring the tree house owners to either get a building permit for the structure, which was denied by the city, or remove it.

Building Official Jim McGuinness refused to issue an after-the-fact permit for the tree house stating that its supports need to be deeper in the sand, the structure is not ADA compliant and it’s located over the erosion control line where building is only allowed by city and Florida Department of Environmental Protection special permit.

They also demand the city reimburse the couple for $180,000 in monetary damages and allow the tree house to remain aloft in its Australian pine and wooden piling perch as “exempt from permit requirements.”

If these demands are not met, Hazen and Tran said in their letter that they would continue to pursue the case in court.

In late 2017, Tran and Hazen petitioned the U. S. Supreme Court to hear the case. On Jan. 8, that request was denied, and the city sent a letter demanding the owners remove the structure.

With commissioners agreeing to seek a court order to force the removal of the structure, it looks like the tree house case may be going back to court for a final determination.

Bradenton Beach undergound utilities

CRA discussing underground utility lines

BRADENTON BEACH – The city’s Community Redevelopment Agency (CRA) is ramping up its conversations on putting utility lines along Bridge Street underground.

CRA chair Ralph Cole has been advocating for underground utility lines since 2016. During the Feb. 7 CRA meeting, he said it would cost $160,000 for Florida Power & Light’s (FPL) portion of an undergrounding project on Bridge Street. There would be additional work and costs associated with the cable TV and internet providers and underground boring services. Cole said there would also be some cost to Bridge Street business owners, but he thinks they would support the project.

“You have to start somewhere. It might be time to lay the foundation to start undergrounding the power. My goal is get everything underground eventually and get rid of all the wires,” Cole said, noting that underground utility lines were included in the original CRA plan in 1992.

Cole said FPL’s work would cost $1.7 million if undergrounding the entire CRA district from Fifth Street South to the Cortez Bridge. He said the project could be done citywide as funds become available or the city could borrow the money and charge property owners a special assessment fee.

Public Works Director Tom Woodard estimated the total cost to underground utility lines on Bridge Street alone to be slightly less than $1 million.

“The $160,000 is basically FPL’s small part of it. That’s for the cable and the conduit. That does not include Bright House, Spectrum, Frontier or whomever. There are a lot of other factors,” he said.

Woodard and City Engineer Lynn Burnett met with Longboat Key representatives to learn more about that town’s undergrounding efforts. Burnett said the town hired a consultant to conduct a feasibility study and help coordinate the parties involved.

In 2015, Longboat Key voters approved the town borrowing $25.25 million to underground all electric, phone and cable lines and install fiber optic cables along Gulf of Mexico Drive. The town website says the project is in the early stages of implementation. This includes establishing special assessment fees for each parcel of land. The fees range from $2,400 to more than $5,500 and full construction of the underground network will take several years.

Board response

“We’re about this beautiful setting and power lines suck. It’s certainly safer because we are really susceptible to power going down in storms,” CRA member Ed Chiles said. “What’s the negative to putting power underground, besides a property owner changing his lead?”

Member Jake Spooner said underground lines are harder to maintain, and it can be more difficult to locate breaks and trouble spots.

“If we’re going to do it, let’s look at the whole thing. What’s it gonna cost? Is it feasible?” member John Horne said.

“I think it is something we should look at for the entire city,” member John Chappie said.

Extending the project beyond the CRA district would require City Commission approval and CRA funds could not be used outside the district boundaries.

City Treasurer Shayne Thompson said the current CRA fund balance is slightly more than $1.9 million including $347,000 in tax revenues received this year. He estimated the CRA would receive $400,000 next year.

Member Randy White asked how deep the power lines would be buried.

Burnett said the depth varies depending on several factors. She said some lines in Longboat Key would be buried to 25 feet and others would be shallower.

“I’m thinking of Avenue C and what a mess that is. Would that not happen on Bridge Street?” White said when asking about the amount of digging required.

Burnett said bore pits would be needed where the underground boring begins and where the conduit and lines are pulled to the surface.

“It’s not a trench dig,” she said, noting the work on Avenue C is a combination of boring and an open-cut trench dig.

The board directed Burnett and Woodward to gather more information for its March meeting.