BRADENTON – Eugene Matthews will likely spend the rest of his life in prison for the shooting death of Rebecca Rawson on Jan. 10, 2017.
On Thursday, April 19, Judge Brian Iten sentenced the 84-year-old Parrish resident to life in prison with a 25-year minimum for felony second-degree murder with a firearm. He also sentenced him to 30 years on each of two counts of felony attempted murder in the second degree with a firearm. Each count also had a 25-year minimum attached to it.
Rawson’s daughter, Kathryn, who was with her mother when she was mortally wounded by a gunshot, spoke before the sentencing decision was ready by Judge Iten.
“You have taken away a beautiful woman, my mother, my everything,” Rawson said after she took the witness stand. “I will never feel her kiss my head or call me her honey bunny.”
After she returned to her seat, she was heard sobbing.
Matthews took the stand, saying any sentence would be a death sentence to him because of his age. He alleged the incident started as a home invasion.
According to the Manatee County Sheriff’s Office, on the day of the shooting, Rebecca Rawson, her daughter and brother-in-law, Rodney, were driving to Matthews’ home in Parrish to pick up Rawson’s dog, which Matthews had been watching. When she pulled up to the house she was greeted by Juanita Sills, who also lived in the home. Rodney Rawson called for the dog, which came running outside. Rodney Rawson picked up the dog and headed toward the car. Matthews then emerged from the house and fired two rounds from a pistol into the air. He fired a third round toward the car and it hit Rebecca Rawson in the face. The vehicle subsequently backed up and crashed into a gate. Rodney Rawson tried to get the pistol out of Matthews’ hand and another round was fired before the incident ended.
Kathryn Rawson testifies about the loss of her mother in court Thursday afternoon at the sentencing of Eugene Matthews. Matthews was found guilty of the January 2017 fatal shooting of his late best-friend’s ex-wife outside his Parrish home. In February, a jury found Matthews guilty of second-degree murder with a firearm and two counts of attempted second-degree murder with a firearm as charged. He was handed a life sentence. – Submitted | Tiffany Tompkins-Condie
At the hearing, Matthews call Kathryn Rawson a “spoiled brat” who got her mother killed. He said Rebecca Rawson was hit by a bullet that ricocheted.
Matthews called the court a “kangaroo court” and talked about how he felt his home was being invaded and he had to stand his ground, referring to a law that allows people to use force to protect their property.
Matthews then talked about his military duty where he earned two Purple Hearts and two Silver Stars and spilled two gallons of his blood.
After Judge Iten announced the sentence, Matthews was returned to jail. He has 30 days to appeal.
ANNA MARIA ISLAND – Along the Holmes Beach/Bradenton Beach border, residents and visitors alike are finding themselves stuck in something reminiscent of winter season traffic with added heavy construction equipment.
The backup is due to work on the Manatee County Force Main Five project in two spots on Gulf Drive, at 28th Street and 26th Street. Construction in the area is expected to last through the end of April, resuming May 1 at Gulf Drive and Avenue C. With traffic patterns shifted to the west side of the street and sections of sidewalks used for vehicular traffic, bicyclists and pedestrians should be especially careful when moving through construction areas.
Cars drive past a crosswalk stuck in the middle of Gulf Drive construction where traffic is temporarily down to one lane for vehicles. – Joe Hendricks | Sun
While construction is ongoing during the day, flaggers are stationed at both ends of each construction area. These flaggers will stop vehicular traffic to allow bicyclists and pedestrians through the vehicular traffic lanes where sidewalks aren’t available. They also stop traffic to allow pedestrians and cyclists to safely cross Gulf Drive. Temporary crosswalks are located on both sides of each construction area. Cyclists and pedestrians should be very cautious when approaching the construction areas and remain to the side of vehicular traffic until instructed to move by flaggers. If a flagger is not available, pedestrians and cyclists should avoid the area or move through with extreme caution. Without a flagger’s assistance, pedestrians should not attempt to walk in vehicle lanes. Sidewalks on the west side of Gulf Drive remain open except where vehicle lanes shift to the west.
Vehicles share the road with two bicyclists as they travel northbound on Gulf Drive through the Force Main Five work zone. – Joe Hendricks | Sun
Motorists also will experience intermittent temporary lane closures where traffic is reduced for a short time to a single lane. Anyone driving through the area should prepare to experience delays. Speed limits are reduced to 25 miles per hour in the construction zones.
Because the Force Main Five project is a two-year project, construction will be ongoing on different sections of the Island’s primary roadways for the near future. Tina Allen, community outreach specialist on the project, said workers will try to get everyone through construction areas as quickly as possible. Due to the amount of work to be done, she said it’s impossible to plan work around seasonal traffic increases.
“Inevitably, this project presents impacts to someone, somewhere on AMI related to daily construction activities,” Allen said in an email to The Sun. “We understand the impact that a project of this magnitude presents to AMI property owners and visitors, and the project team is working to ensure that our contractors are sensitive and responsive to all expressed concerns, to the extent practical.”
ANNA MARIA ISLAND – Everyone who’s driven on the Island during winter season months knows that a little extra time and a lot of patience are needed to deal with traffic delays.
The Florida Department of Transportation’s Barrier Island Traffic Study recorded hourly numbers of motorists on Manatee Avenue as high as 40 percent over regular traffic volumes during peak season times, January through April 2017, with the traffic on Cortez Road noted as 15 percent over average volumes. That comes out to about 1,500-1,600 cars per hour on Manatee Avenue and 1,200-1,400 on Cortez Road.
Once they’re on the Island, there are only so many places for all those cars to go. During the same time, FDOT contractors recorded an average of 1,000 cars an hour on Marina Drive with the same number also driving down Gulf Drive to Bradenton Beach.
“It’s like taking 30 pounds of potatoes and trying to put it in a 5-pound sack,” said Holmes Beach Police Chief Bill Tokajer, who also serves as the city’s traffic engineer. “There’s no where to send the traffic. People are driving out to a dead end.”
Part of the issue is that for everyone coming onto the Island, they need somewhere to go, and everyone already on the Island is trying to get somewhere. Rather than merging, the two traffic streams are clashing as parking becomes more limited and streets fill with vehicles.
Holmes Beach Mayor Bob Johnson referred to Queue Theory, a mathematical study of waiting lines, to explain it. He likened it to waiting in line to check in at the airport. He said waiting lines move faster because airlines open up more counters to serve guests. According to the theory, lines can only move as quickly as the person in front is being served.
If the person at the front of the line is a driver who’s stuck at a red light or can’t find a parking space, the line builds up and the wait time for other drivers increases. The issue, Johnson said, is there’s only so many gateways to the Island, three including access from Longboat Key, and potentially 1,000 people trying to use each one at the same time.
Every time the Anna Maria Island Bridge raises to allow a boat to pass it can take up to 15 minutes for traffic patterns to return to normal. – Kristin Swain| Sun
One long-term fix to help traffic coming from the mainland is the installation of high fixed-span bridges in place of the Anna Maria Island and Cortez bridges. Eliminating the 5-minute raising and lowering of the current drawbridges could save motorists up to 15 minutes of wait time.
In Holmes Beach, Tokajer also is working to optimize the timing of the red lights at East Bay Drive and Manatee Avenue and Gulf Drive and Manatee Avenue to allow traffic to flow better once the bridge reopens.
Another short-term solution being considered in Holmes Beach is to extend the right turn lane for East Bay Drive to the merge lane from the Manatee Public Beach and extend the right turn lane on Manatee Avenue for Gulf Drive to allow motorists more freedom of movement.
One of the fixes proposed by the traffic study engineers at Stantec is to have a park and ride service from the mainland down Manatee Avenue to the county beach. Without a dedicated traffic lane, Tokajer doesn’t think that idea will be popular with beachgoers.
An elongated roundabout is proposed as a long-term solution for the busy intersection of Marina, Palm and Key Royale Drives near Gloria Dei Lutheran Church. – Submitted | Sun
“They’re still stuck in the same traffic but without the comfort of their own car,” he said, also expressing concern about what happens to all those people if a rainstorm blows up. “How will you get them off the Island?” he said.
Lynn Burnett, engineer to the three Island cities, thinks she may have some long-term solutions to help traffic, if not eliminate it, ideas the people behind the traffic study are getting behind.
One idea is to remove traffic lights and install roundabouts slightly larger than the one at Bridge Street and Gulf Drive in Bradenton Beach. Burnett said the roundabouts will encourage free flow of traffic, if motorists obey the rules of the road. FDOT encourages the use of roundabouts. The department’s educational materials for the use of roundabouts say that all approaching traffic must yield to traffic already in the roundabout. Approaching motorists must slow down before entering the roundabout, yield to bicyclists entering the traffic lane and watch for pedestrians crossing the road at one of the roundabout entrance points. Burnett said with the right public education, she thinks roundabouts will help traffic move faster than red lights, hopefully lowering the wait time of drivers trying to enter and exit the Island. At busy intersections such as the Gulf Drive and Marina Drive intersection, it also would allow a safe way for pedestrians to cross the street. Due to several close calls at that intersection with cyclists and pedestrians crossing without a marked crosswalk, Tokajer said he hopes to install a sidewalk railing to prevent people from entering the intersection and signage to direct them to a safe, lighted crosswalk. The matter goes before city commissioners for a decision in April.
To truly make a difference in vehicular Island traffic, Burnett said people need alternate forms of transportation. While the Island trolley does move people around the Island, it still lands in the same vehicular traffic as a car. Burnett hopes to receive Island city support, along with local, state and federal funding, for a complete street project stretching the length of the Island from Anna Maria through Bradenton Beach to Longboat Pass.
If it materializes, the project would see vehicle lanes shrink to 11-feet wide with a designated bicycle lane on each side of the road and pedestrian sidewalks. The bicycle lanes would be brought up to current FDOT standards with a 3-foot clearance between the traffic lane and bicycle lane to help keep cyclists safe. The move also would remove some bicycles from sidewalks along the Island’s main corridor, helping to keep pedestrians safe.
For all the fixes proposed, three challenges remain – approval, time and money. Replacement of the Anna Maria Island and Cortez bridges is currently unfunded and expected to take at least another five years plus the time for construction. Intersection changes also need funding and approval from the state, county or local municipality, depending on whether the road is a local or state road.
In the meantime, all drivers can do is plan ahead, help out their fellow motorists by allowing people to turn across crowded traffic lanes and wait their turn rather than trying to use bicycle lanes as passing lanes, something that can cause a hefty fine from local law enforcement. Bicyclists should remember to travel only in the direction of vehicular traffic and use bicycle lanes whenever possible, yielding to pedestrians on sidewalks. Pedestrians need to remember to be aware of their surroundings and look both ways before crossing a street, even at a crosswalk.
ANNA MARIA – A perfectly sunny day dawned on Saturday, March 17, helping to make The Center of Anna Maria Island’s 25th annual Tour of Homes a success.
More than 700 people came out to view the interiors of five elegantly appointed homes before making a final stop at The Center for the Tropical Treasures Boutique and Center Bazaar.
While attendees could start at any of the six stops, the first listed stop in the official Tour guide is Sand Dollar Cove, the dream home of Ron and Peggy Jude. The Holmes Beach house was completed in March 2017 by Moss Builders. The house features four bedrooms and three-and-a-half baths in 2,800 square feet. To help comfortably house their seven grandkids, one unique feature of the home is a secret staircase connecting the kids’ bunk room to another bedroom where parents can keep an eye on the little ones. The house is complete with a large, open living space and doors opening directly to the outdoor living space and pool deck.
“This is just a beautiful house,” one attendee gushed. “If I had this house, I’d move here.”
Another stop on the Tour was the home of Don and Leah Purvis in the enclave of Key Royale. The couple’s love of New Orleans is evident throughout the home, from the wrought iron sconces to the antique mirror backsplash in the kitchen. Each room of the home features a unique piece of furniture chosen especially by the homeowners for its beauty and back story. One of the most talked about pieces is a large 100-year-old armoire purchased by Don’s mother and refinished by her in the 1980s.
“It’s incredible, just a beautiful piece,” an attendee said while admiring the armoire. “You’d never believe it used to be painted pink.”
The winter home of Tom and Jane Gauld, also on Key Royale, was another stop on this year’s Tour of Homes. The home features high ceilings with wood details and a second-floor media room with a wall-sized screen and cozy sofa seating. The chef’s kitchen opens to a dining room, living room and the expansive outdoor area with a pool and seating area overlooking the lovely water views. An indoor/outdoor living area leads to a separate kitchenette and staircase to a master suite where the owners’ adult children can escape but still view their children playing with their grandparents in the pool.
Right across the street from The Center is the Magnolia Home, the only house on the tour that attendees can purchase and make their own. For a mere $1.49 million, the newly-built elevated home has covered living space around the pool and hot tub and just under 2,000 square feet of indoor living space.
“If I could take anything out of these houses, I’d take the bedrooms from this one,” one woman commented.
Each of the four bedrooms features its own en suite bathroom with unique wooden chandeliers throughout. All of the bathrooms feature a distinctive distressed wood or brick decor.
The final stop on this year’s Tour was the newly renovated home of Art and Wooley Dutton. The single-story home features three bedrooms, four bathrooms, an open floor plan with high ceilings, a separate art studio and a secret passage to the master bedroom.
“It’s just art,” volunteer Sandee Pruett said of the home.
At the Center, attendees could sample food from the Travelling Gourmet and Italian Culinary Tours or check out items for sale at the Center Bazaar and Tropical Treasures Boutique.
More than a dozen local artists contributed to the Tropical Treasures Boutique, sponsored by Duncan Real Estate, including Susan Anderson, Jan Bryant, Judy Christensen, Erin Hughey, Joyce Hunt, Monique Marlow, Joan Pettigrew and Sandee Pruett. Local artisans and merchants joined the Boutique in the Bazaar, offering everything from handmade soaps to unique jewelry and decor items for sale. Nearby was this year’s quilt raffle, created by the Eyeland Needlers and sponsored by Green Real Estate. The winner of the quilt, titled “See You By The Sea,” was Chris Smargisso.
Organizer and board member Karen Harllee said she was pleased with how the Bazaar and Boutique went this year and hopes for an even better turnout next year.
“We want to make it bigger and better next year,” she said.
The media room at the Gauld’s Key Royale home. – Kristin Swain | Sun
Enterprising leprechauns set up shop, selling lemonade across from the Jude house in Holmes Beach. – Kristin Swain | Sun
The amoeba-shaped pool is at the 420 Magnolia Ave. investment home belonging to Mike Ross. – Kristin Swain | Sun
The annual quilt raffle, created by the Eyeland Needlers and sponsored by Green Real Estate. – Kristin Swain | Sun
New to the Tour of Homes this year was the Center Bazaar. – Kristin Swain | Sun
HOLMES BEACH – Recycling is one way people can feel like they’re doing their part to help save the Earth. Unfortunately, some of the things that are put in the recycling bin end up in the landfill.
Waste Pro Regional Vice President Keith Banasiak addressed Holmes Beach commissioners’ concerns with the waste removal company’s recycling program, confirming some of their worst fears – a lot of what goes into the city’s recycling bins ends up at the landfill.
With single stream recycling, various types of recyclable materials can go in one container, making it easier for consumers. Unfortunately, if one of those items is incorrectly placed in the bin or has food residue, Banasiak said the entire bin’s contents can be considered contaminated and must be disposed of with other garbage rather than going on to Waste Pro’s recycling center. If contaminated items are found at the recycling center, the company must pay more to repackage and send them off to the landfill.
Items that can contaminate recyclables include those with food particles, raw garbage placed in the container, and the inclusion of items that can’t be recycled, like plastic bags. Publix in Holmes Beach accepts plastic bags for recycling.
Part of the issue, Banasiak said, is the labor cost and time to remove contaminated items at Waste Pro’s sorting facility and send them to the landfill. Another issue is that many recyclables from the United States are sent to China to be repurposed. Because so many items are being sent, receivers in Asia can be pickier about the types and grades of materials they accept. With such a huge availability of materials, Banasiak said it drives down pricing and makes it so that some materials, even though they are recyclable, may not be financially feasible for the company to send off for repurposing.
In the United States recycling is a $200 billion a year industry. In a 2016 economic study, the Environmental Protection Agency tied 757,000 jobs, $36.6 billion in paid wages and $6.7 billion in tax revenue to recycling efforts.
According to the EPA, Americans in 2014 created more than 258 million tons of solid waste. Out of that, 89 million tons were recycled or composted, about 34 percent. Out of the remaining waste, 33 million tons were combusted with energy recovery and over 136 million tons ended up in landfills. The EPA estimates that 75 percent of waste created by Americans is recyclable. About 87 percent of the country’s population has access to curbside or drop-off recycling programs in their local areas.
If recycling participation levels reached 75 percent, Recycle Across America estimates it would create 1.5 million new jobs and be the environmental equivalent of removing 55 million cars from the country’s roads.
Locally in Holmes Beach, fewer materials are making their way to the recycling facility primarily because of raw garbage placed in the bins, Banasiak said.
Compliance problems at vacation rentals
When workers find garbage and non-recyclable materials in a recycle container, Banasiak said the bin is tagged for trash pick up. He’s finding that a lot of these tagged bins are located at short-term rental properties.
“The problem is getting excessive,” he said.
Commissioner Carol Soustek suggested not eliminating recycling at repeat offender properties but charging those clients more for their trash and recycling to compensate for the added expense to Waste Pro. For properties opting out of recycling, she suggested adding a fee to cover the cost of creating a new landfill.
“The big issue is when you recycle you don’t want it to go into a landfill,” she said. “If they decide they don’t want to recycle then we’ll decide the optimal fee to cover the landfill.”
Commissioner Jim Kihm agreed though Banasiak was quick to say the company can’t charge property owners for not recycling or recycling incorrectly. The key to compliance, he said, would be education, hopefully through a stakeholder meeting geared toward owners and operators of short-term rentals.
On the agenda for the stakeholder meeting will be to discuss what materials are and are not recyclable with Waste Pro. While the items are listed on a decal on each recycle bin, Banasiak said people may not see them or may not pay attention to how recyclable materials need to be handled to not end up treated as household garbage.
Items that can be recycled include paper, cardboard, glass, metal and plastics numbered one through seven. To be considered not contaminated, all items must be clean, with labels removed, and items made of two or more materials should be broken down. That means a soup can may be recycled, but it must be washed out with the paper label removed before it’s placed in the bin for pickup, even though that paper label may also be placed in the bin for recycling. Cardboard boxes are eligible for recycling if they’re flattened for pickup, but pizza boxes cannot be added to the recycle pile. Though items such as batteries and some household appliances are considered recyclable by the EPA, they can’t be placed in a bin for Waste Pro pickup. These items must be taken to a facility accepting them and often a fee is charged to cover the special handling required to process the items for recycling.
Items that will contaminate recycling bins include garbage, plastic bags, Styrofoam, unclean containers, food waste and yard waste.
Commissioners agreed to readdress the issue after the stakeholder meeting.
For more information on recycling or how to recycle materials, visit Waste Pro or the EPA.
Updated March 8, 2018 – Holmes Beach Police Chief Bill Tokajer reports that after the publication of this story, the pilot, Hans Brown, agreed to comply with FAA regulations requiring him to fly “1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft,” and, at Tokajer’s request, 300 feet seaward of the buoys marking no-vessel zones in the Gulf of Mexico off Anna Maria Island.
A small ultralight aircraft flying up and down the Gulf beaches of Anna Maria Island is attracting attention from the Federal Aviation Administration (FAA), Holmes Beach police, Palma Sola Scenic Highway officials and beachgoers, some of whom duck when he flies overhead.
A plane advertising itself online as a “bucket list” experience, including “several low passes, several water-skims and several splash-n-go’s,” flies over Bradenton Beach at sunset. – Cindy Lane | Sun
The “trike,” which flies “low, slow, up close and personal” according to the Air Adventures website advertised on the aircraft, www.letsfly.info, frequents the Anna Maria Island Gulf beaches at sunset, typically a tranquil time that draws many to the water’s edge.
Some have reported the low – and loud – flights to law enforcement authorities.
FAA
The FAA is investigating reports that the plan is flying too low.
“We are taking a look to determine how this company is operating,” FAA spokeswoman Arlene Salac told The Sun, citing regulations on minimum safe altitudes:
91.119, Minimum safe altitudes. Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft; (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
103.9, Hazardous operations. (a) No person may operate any ultralight vehicle in a manner that creates a hazard to other persons or property.
103.15, Operations over congested areas. No person may operate an ultralight vehicle over any congested area of a city, town, or settlement, or over any open air assembly of persons.
Palma Sola Scenic Highway CME
The plane’s website shows photos and videos of the plane taking off and landing on the Palma Sola Causeway, a state road and right of way and a designated scenic highway, with regulations about advertising and commercial activity, said Ingrid McClellan, of the Palma Sola Scenic Highway Corridor Management Entity.
The organization is investigating Air Adventures, better known as “1-833-lets-fly,” and pilot Hans Brown.
“You can’t do a walk-up business. If they are selling online and it’s reserved and paid for online it’s allowed, but they can’t walk up and spend X amount of dollars for a ride,” she said, noting that the Surferbus and BeachHorses operating on the causeway do not violate the regulations.
Scenic Highway officials are drafting a letter expressing concern to the Bradenton Police Department, which has jurisdiction over the causeway, McClellan said.
Holmes Beach Police Department
The plane has landed illegally on the Gulf beach, Holmes Beach Police Chief Bill Tokajer told Holmes Beach commissioners last week.
While the pilot and plane are both licensed, he said, police will be monitoring his flights and using decibel meters to determine whether he is violating the Holmes Beach noise ordinance.
Tokajer said the pilot told him he plans to pick up passengers at the Kingfish Boat Ramp, instead of at the Palma Sola Causeway or the east side of the Manatee Avenue bridge at the northern kayak launch.
Kingfish Boat Ramp is a Manatee County park leased from the Florida Department of Transportation, and while it is policed by the Holmes Beach Police Department, no specific city ordinances ban picking up passengers there, City Attorney Patricia Petruff told commissioners.
Anna Maria and Bradenton Beach officials have not yet publicly discussed the issue.
HOLMES BEACH – It didn’t take commissioners long to decide that a 15-foot tall pier isn’t something they want to see on the beach.
Commissioner Judy Titsworth presented two options given to Mayor Bob Johnson by the Manatee County Board of Commissioners. One option was for a 300-foot long pier with a small T-shaped end which would be in about the same footprint as the pier that was torn down in late 2009. One major change – the pier would have to be elevated 15 feet above the North American Vertical Datum line to meet new Florida Department of Environmental Protection standards.
An architectural drawing shows how a new pier would look at around the same size as the old one. This mock-up shows the pier at 300 feet long with a small T-shaped end. – Submitted | SunThis architectural drawing shows a new pier at 600 feet long, twice the length of the previous one. – Submitted | Sun
The letter from county commissioners said because of the height requirement, a shorter pier would look like “an upward elevated ramp.” The pier would be about eight feet taller than the previous structure. A 2013 cost estimate submitted to commissioners from the county puts construction at around $1,443,330.
A second option is a 600-foot long pier that would cost $2,432,120 to build according to the 2013 numbers. The letter noted that since work would have to be done by heavy machinery in the Gulf of Mexico, commissioners should expect those estimates to significantly rise if new construction bids are sought.
Titsworth said she hasn’t had any requests from residents to reconstruct a pier on the public beach, also commenting that she thinks the new pier designs are unattractive.
Commissioner Carol Soustek agreed, saying the cost is just too high for taxpayers with the county asking for a match from the city to cover construction costs.
“I’m totally against it,” Commissioner Rick Hurst said.
An underside shot of the old pier shows how close it was to the water. If constructed, a new pier would need to be 15 feet above the waterline to meet current standards. – Kristin Swain | Sun
The old pier was located on the sand extending to the Gulf in front of the concession area at the Manatee Public Beach. The concrete structure had metal guard rails placed on it late in its life to prevent people from jumping off the structure. It was deemed structurally unsafe and closed to the public in February 2009. Demolition of the pier took place later that same year, surpassing estimates of $670,000 and costing $1,441,130 to complete.
Soustek said with no way to get the old pier back, there’s no reason to build a higher structure on the beach.
“This is a want, not a need,” City Engineer Lynn Burnett said. “We’re at a critical point with monies that need to be spent on infrastructure.”
Commissioner Jim Kihm suggested if Manatee County Commissioners have funds they want to spend on a pier they should visit Anna Maria. “They have a pier that needs rebuilding,” he said.
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.
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 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.
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.
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 – 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.
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