ANNA MARIA – City commissioners have agreed to make an $18,500 contribution to The Center of Anna Maria Island.
To be taken from the city’s current fiscal year budget, the money will help support the nonprofit’s youth programs, including summer camp and after-school activities.
Executive Director Chris Culhane presented the budget request to commissioners on Thursday, June 28, after he and board chair David Zaccagnino were told on June 14 their request needed to include more specific details.
Each year the Anna Maria commission budgets taxpayer money to help support the Center, but this year’s contribution was withheld until concerns about the nonprofit’s financial stability and the organization’s willingness to share financial and operational records were addressed.
During last week’s meeting, Commissioner Brian Seymour made an initial motion to give the nonprofit $32,000, but his motion died for the lack of a second. The commission then voted 4-1 in favor of the requested $18,500 contribution, with Seymour voting opposition.
After the meeting, Seymour said, “While $18,500 is a generous donation, it doesn’t amount to anywhere close to what I feel the city should be contributing to the Center on an annual basis to support our youth. Our $18,500 is less than one-half of 1 percent of our annual budget and less than 1.5 percent of the Center’s current budget. I will keep pleading the case for more support in future years, and I hope the other commissioners can get on board.”
The Bradenton Beach Commission recently authorized a $5,000 contribution from its current fiscal year budget to assist with the Senior Adventures program that provides weekly adventures for senior citizens departing from the Annie Silver Community Center in Bradenton Beach.
The Holmes Beach Commission recently approved a $22,500 contribution to the Center from the city’s current fiscal year budget.
ANNA MARIA – Anna Maria Commissioners recently adopted an amended tree ordinance, then promptly applied it when approving two grand tree removal requests previously denied by Public Works Manager Dean Jones.
In attempt to protect the city’s shrinking tree canopy, the ordinance adopted on June 14 allows those who wish to remove a grand tree to donate to the city’s tree replacement fund instead of or in addition to planting replacement trees on their own property. Donated funds will be used to plant trees at city parks or on other city properties.
Anna Maria Commissioners recently approved the removal of this grand tree at 319 Hardin Ave. – Joe Hendricks | Sun
During that meeting, property owner Ronnie Leto agreed to donate $2,500 to remove a grand tree at 319 Hardin Ave. Leto wants to remove the tree so he can install a pool in the yard. Robb Bauman agreed to donate $2,500 to remove a grand tree at 211 Oak Ave. Leto and Baumann both said new and smaller trees would also be planted on those private properties.
At the recommendation of certified botanist Lucas Davis, the amended tree ordinance removes the word “diameter” and replaces it with the word “caliper” in terms of a grand tree being defined as one that has an 8-inch caliper when measured at a height of 4.5 feet from the ground. A tree with an 8-inch caliper is approximately 24 inches in circumference, which is how the ordinance previously read.
According to both the previous and the recently amended ordinance, the removal of a grand tree requires City Commission approval. City ordinance also protects native trees.
The amended tree ordinance was inspired by a recent incident involving a property owner who removed a grand tree after the commission denied the request. As a result, that property owner was fined $5,000.
Ordinance language
“The removal, relocation, destruction of any grand tree, excluding ficus and Australian pine trees, is prohibited unless it can be demonstrated to the satisfaction of the City Commission that the location of the grand tree renders the lot or parcel as non-buildable, the grand tree is a hazard or severely diseased, or denial of the removal of the grand tree will result in an extreme hardship for the property owner, as determined by the City Commission after a quasi-judicial hearing,” the tree ordinance now says.
“If the removal of a grand tree is permitted, the city commission shall have the authority to require that replacement tree or trees of a type and size specified by the commission be planted on the same lot or parcel, which will result in approximately the same amount of shade/canopy potential within one year of the time of planting as the grand tree removed.
“As to any replacement tree (or trees) on the same lot or parcel, such replacement trees must be guaranteed by the seller of the tree (or trees) for no less than one year, and properly maintained by the property owner for a period of one year, so that if after one year the replacement tree (or trees) are not in healthy condition, as determined by an arborist, such replacement tree (or trees) will be required to be replaced by other replacement tree (or trees),” the ordinance says.
ANNA MARIA – Mayor Dan Murphy doesn’t want people blaming the Ayres Associates design and engineering firm for the pending demolition and replacement of the Anna Maria City Pier.
Murphy recently questioned a Sun story that stated Ayres Associates repeatedly recommended the demolition of the pier. A review of the commission’s pier discussions dating back to October indicates Ayres Associates did not recommend pier demolition. Nor, when following the City Commission’s direction, has Ayres Associates expressed support for any plan that doesn’t involve a new pier being built where the currently closed pier stands.
“The commission’s vote unanimously was to build a pier to a 75-to-100-year term. We went to Ayres and said we need you to start designing a 75-to-100-year pier,” Murphy said during the commission’s Jan. 29 pier meeting.
“Ayres did not declare the pier totally destroyed. The lease declared it totally destroyed. Ayres did not say you need a whole new pier. The commission decided. If there’s any misconceptions about where we’re headed, the responsibility lies with the six of us sitting here today,” he added.
Pier presentation
During the Oct. 12, 2017, City Commission meeting, Murphy discussed the forthcoming Oct. 17 pier meeting.
“The first question you need to weigh in on is what type of a service life do you want? I strongly recommend that we build a service life for this pier of 75 to 100 years,” he said.
He noted his recommendation would be incorporated into the pier presentation. On Oct. 17, Ayres Vice President Jay Saxena gave a PowerPoint presentation that referenced a pier designed for a 75-to-100-year service life with pre-cast pilings, concrete beams and framing and Lumberock composite decking. At that time, the commission had not yet voted on what type of service life it desired.
“If we’re looking to extend that service life, wooden piers may not be that option,” Saxena said.
With Commissioner Nancy Yetter absent, the commission voted 4-0 in favor of Ayres designing a pier with a 75-to-100-year service life.
At the time, the commission consisted of Yetter, Carol Carter, Doug Copeland, Brian Seymour and Dale Woodland. In February, Yetter resigned and Amy Tripp was appointed to serve the rest of her term.
The Oct. 17 vote has guided the commission’s decisions on concrete pilings, Kebony hardwood decking, Kebony hardwood siding for the restaurant and bait shop, and the demolition of the current pier.
Woodland recently questioned the Oct. 17 decision when opposing the selection of a pier demolition firm.
The path to demolition
During the Jan. 29, 2018, pier meeting, Murphy recapped the commission’s decision-making process to date.
He referenced the structural assessment report Bridge Design Associates submitted to the city and Manatee County in 2016. The report projected a five-year life expectancy for the existing pier. It stated recommended repairs would extend the pier’s service life by 20 to 25 years and replacing the pier with one built to current standards would provide a 50-to-75-year service life.
“To that end, we issued an RFP (request for proposals) for design services,” Murphy said.
The city couldn’t come to terms with the three firms that responded to the RFP. This led later to Ayres Associates being contracted to serve as the city’s second city engineering firm, focusing primarily on the pier.
Murphy recalled the damage Hurricane Irma inflicted on the pier, his need to know if it was safe to reopen, and if not, how long it would take to repair?
“Ayres came back with a report that basically said it’s not safe. You need to close the pier immediately,” Murphy said of that September decision.
He noted the period of closure would depend on whether the commission wanted patchwork repairs, remedial repairs or long-term repairs.
“Any way you cut it, it’s going to be closed for 120 days because there’s some permitting required,” Murphy said.
He then referenced the lease pier tenant Mario Schoenfelder signed in 2000.
“That lease stated that if repairs to the pier were over 120 days then it would be deemed at the sole discretion of the city to be totally destroyed. We all know the pier’s not totally destroyed. That’s how we got to the pier being declared totally destroyed,” Murphy said in January.
ANNA MARIA – She was lost. She was pregnant. She just wanted to get home.
The loggerhead sea turtle came ashore on Wednesday, May 13 at Bayfront Park, probably to nest.
But apparently, she didn’t find a favorable spot, because she just kept going, according to Anna Maria Island Turtle Watch and Shorebird Monitoring Director Suzi Fox.
First, she crawled up North Shore Drive.
Possibly wondering why the sand had turned to something hard that flippers couldn’t dig into, she headed back to the park.
Then she crawled down North Bay Boulevard.
No good sand there, either.
Meanwhile, Turtle Watch volunteer Karen Anderson had saddled up for morning turtle surveys and was noticing turtle tracks that came ashore, but no signs of nesting and no tracks going back to the bay.
Like the cavalry, Bob and Debbie Haynes and Lisa Weiss came to the rescue.
They tracked down the 400-pound turtle, coaxed her onto a sheet, picked her up, carried her to the park, sat her down on the beach and pushed her back into the water, Fox said, thrilled that all the volunteer training had paid off in a successful crisis management example for the turtle record books.
The next day, volunteers discovered a nest near Bayfront Park.
Did the rescued turtle come back to nest the night after her ordeal?
They don’t know.
But in 1997, a turtle got lost in the same spot, Fox said.
No telling if it was the same turtle, or if the area is just bad turtle terrain in need of a turtle crossing sign.
If you find a sea turtle on the road on Anna Maria Island, call Turtle Watch at 941-778-5638.
ANNA MARIA – The wooden survey stakes recently spotted along the beach north of the Sandbar restaurant pertain to storm erosion monitoring and not to any disputes over private beach rights, according to Anna Maria Mayor Dan Murphy.
The survey stakes designate the mean high-water line along that area of beach. Murphy said the survey information will help the city monitor storm erosion. The beaches in that vicinity, near the Coconut Avenue beach access, sustained significant erosion during Subtropical Storm Alberto.
As seen on Saturday, June 9, this survey stake marked the mean high-water line looking toward Bean Point. – Chantelle Lewin | Sun
Anna Maria resident and Sun Advertising Director Chantelle Lewin spotted five survey stakes north of the Sandbar restaurant during her daily beach walk on Saturday, June 9.
Lewin said the stakes raised concerns as to whether they pertained to beach access disputes. One such dispute arose in April along the 500 block of South Bay Boulevard, where the strip of sand between the beachfront homes and Tampa Bay is very narrow.
The mean high-water line establishes property lines along beaches that have not been renourished, including most of the bay side of the Island. The erosion control line (ECL) establishes property lines in areas where beach renourishment has occurred, including most of the Gulf side of the Island.
A walk along the beach Wednesday afternoon from Palm Avenue to Bean Point revealed only one remaining survey stake. It was near the Elm Avenue beach access and stood far from any residences, with dunes and vegetation in between.
The handwritten inscription on the remaining stake said, “MHW 6-6-18,” in reference to the mean high-water line and the survey date. The city was also provided with the GPS coordinates of the mean high-water line.
On Wednesday, this survey stake stood on the beach near Elm Avenue. The beach behind the stake is private property, but there have been no known disputes about the beach’s continued use by the public. – Joe Hendricks | Sun
Lines in the sand
Manatee County Parks and Natural Resources Department Director Charlie Hunsicker said beach property landward of the mean high-water line or the erosion control line is private property – unless it’s in front of a public park or a designated public beach. Land seaward of those lines is state-owned public land, he said.
Hunsicker said the erosion control line proposed for the city of Anna Maria in 2001 for beach renourishment in 2002 begins between Sycamore and Elm avenues and extends to the south, terminating between Oak and Maple avenues.
“At the time we had the hearings, while water was hitting the windows of the Sandbar restaurant, the properties to the north said, ‘We’ve got plenty of beach. We’re not worried about it so we don’t want to enroll.’ You couldn’t force them,” he said.
“The erosion control line is recorded on the deeds of the properties with the Clerk of the Court and is a line established by state and local governments working together, following a public hearing. Wider beaches created by that renourishment would then be in the public domain,” Hunsicker said.
Beaches outside of the ECL boundaries are not eligible for beach renourishment projects funded by various county, state and federal agencies, he said.
The Anna Maria beach area washed away during Subtropical Storm Alberto “…will not be renourished until there’s a formal ECL and a state declaration that it’s eroded,” Hunsicker said.
Bay side dispute
In early May, Murphy requested city-funded surveys of the mean high-water line at a beach access along the 500 block of South Bay Boulevard. He also requested a survey in front of a beachfront home on that block where disputes had occurred between the property owners and those walking on the residential beach not far from the Anna Maria City Pier.
These no trespassing signs on the 500 block of South Bay Boulevard are the only such signs seen on the beaches from the Sandbar restaurant to Galati Yacht Sales. – Joe Hendricks | Sun
On Wednesday, visits to the beach at Bayfront Park and along the entire stretch of beach on South Bay Boulevard revealed no existing mean high-water line survey stakes. Only the pre-existing no trespassing signs in front of the home in the 500 block were visible.
ANNA MARIA – Sully’s Quality Projects was rejected as the City Pier demolition contractor less than a week after being named the city’s first choice.
On Tuesday, May 29, the City Commission, minus Dale Woodland, voted 4-0 in favor of Mayor Dan Murphy entering into contract negotiations with Sully’s Quality Projects for the demolition of the Anna Maria City Pier.
On Monday, June 4, the commission voted 5-0 in support of Murphy’s suggestion to reject the terms requested by Sully’s owner and founder, Sean Sullivan. The commission then voted 4-1 in favor of Murphy negotiating with city’s second-highest ranked demolition firm, Speeler & Associates.
According to Murphy, the deal-breaker was Sullivan’s request for a $53,822 payment up front, to be made after the contractor secured a security bond, but before the company mobilized or did any work.
Murphy said he did not want the city to get into a situation like the delays being encountered in Bradenton Beach with the installation of a day dock that is long overdue and partially paid for. Sully’s is not part of that project.
“I have problems paying somebody money and not having any work done,” Murphy said.
Murphy and City Attorney Becky Vose agreed that trying to collect on a performance bond if something went wrong would be a lengthy process that would likely end up in court.
Commissioner Doug Copeland asked if any financial research was done on the demolition firms being considered. Murphy said the city obtained Dun & Bradstreet Paydex reports that analyze companies’ payment histories and Sully’s report was not as good as the next two highest-ranked firms.
Selection process
The May 29 selection of Sully’s was based on the combined rankings sheet prepared by Murphy, City Clerk LeAnne Addy and Jay Saxena from Ayres Associates – the firm designing and engineering the new pier and assisting the city with the permitting process.
Sully’s was the top-ranked firm of the five that responded to the city’s second request for proposals (RFP). Sully’s received a total score of 79.3, Speeler & Associates received a score of 78.3, Shoreline Foundation’s score was 70, Under Construction Contractors’ score was 68 and Kelly Brothers’ score was 66.
Sully’s bid for the demolition job was $685,530, and according to the document provided at Monday’s meeting, that was lowered last week to $673,530 due to a reduction in the scope of work.
Speeler bid $732,000, Shoreline bid $642,908, Under Construction bid $495,000 and Kelly Brothers bid $406,417.
The six-category scoring criteria included skill and experience, references for current projects, bid amount, adherence to specifications and requirements, provision of a detailed work plan and the location of the prime contractor and subcontractors.
Commissioner Brian Seymour noted that Sully’s was only ranked highest in one of the six categories, that being location. Speeler ranked highest in four categories. Seymour asked if the city was bound to go by the rankings sheet. Murphy said the ranking sheet should be followed because the point system is “clear and objective.”
Prior to the pier demolition, local contractor Frank Agnelli will remove and store the engraved wooden pier planks at no cost to the city. Murphy said those who previously requested to have their planks returned should be able to pick them up in July. The remaining planks will be stored and used later to build memorial walls at City Pier Park and on the grounds of the Anna Maria Island Historical Museum.
Commissioner Dale Woodland did not attend the May 29 meeting. He said later his absence was not intentional and not related to the objections he raised on May 18 to the pier being demolished and replaced.
During the May 18 meeting, the commission rejected all three of the original bids received due to Speeler and Sully’s bids being too high and Murphy’s opinion that Under Construction didn’t have the necessary experience. Two other firms responded to the original RFP but missed the submission deadline.
The commission has not yet determined who will build the new pier, restaurant and bait shop. The commission has determined the pier will feature concrete pilings and Kebony hardwood decking. Kebony will also be used for the exteriors of the restaurant and bait shop. The pier project has an estimated cost of approximately $4.5 million and an anticipated completion date of December 2019.
ANNA MARIA – The City of Anna Maria will host a Memorial Day ceremony under the shade sail structure at City Pier Park on Monday, May 28 beginning at 10 a.m.
The Anna Maria Island Concert Chorus and Orchestra is scheduled to perform patriotic music from 10:30-11:30 a.m.
“It should be a tremendous, patriotic and inspiring event. It’s all patriotic tunes and the orchestra is really looking forward to it,” Anna Maria Mayor Dan Murphy said.
Rev. Ed Moss of CrossPointe Fellowship will give the invocation at 10 a.m. Murphy will then welcome and recognize the dignitaries and government officials in attendance.
Joined by a trumpeter and a bagpiper, the Manatee County Sheriff’s Office Honor Guard will present the colors and Taps will be performed. Lt. Col. Bob Johnson (U.S. Army, Ret.) – the mayor of Holmes Beach – and Capt. George Barford (U.S. Navy, Ret.) will place a memorial wreath.
Murphy, an Army veteran who served in Vietnam, will recognize all veterans in attendance and their spouses and significant others.
City Pier Park is located across the street from the Anna Maria City Pier, at the corner of Pine Avenue and South Bay Boulevard. First-come, first-served free seating will be available for about 400 people. Parking will be available near the pier and along South Bay Boulevard.
Free park-and-ride trolley service will be available near the entrance to the city at CrossPointe Fellowship, 8605 Gulf Drive.
ANNA MARIA ISLAND – Are you considering running for a city commission seat? If so, the qualifying periods for city commission and mayoral candidates on Anna Maria Island will take place in June.
Candidacy may be announced at any time before or during the qualifying period. Candidates must first appoint a campaign treasurer and designate a campaign bank account before any contributions are accepted or expenditures are made. Candidates can serve as their own campaign treasurers.
Candidates must file a Statement of Candidate form within 10 days of appointing a treasurer and opening a campaign account.
Forms and additional information for Anna Maria and Bradenton Beach candidates can be found at the Manatee County Supervisor of Elections Office website or in person at 600 301 Blvd. W., Suite 108, in Bradenton.
Holmes Beach candidates must obtain their qualifying forms through the city clerk’s office.
Anna Maria
The two-week qualifying period in Anna Maria will start at noon on Monday, June 11, and end at noon on Friday, June 22. Qualifying paperwork may be picked up at the Anna Maria clerk’s office and must be filed with the Supervisor of Elections Office.
Anna Maria candidates must be U.S. citizens, registered to vote in Manatee County and residents of Anna Maria for two years prior to qualifying.
The qualifying fee is $48 for City Commission candidates and $196 for mayoral candidates. Candidates can avoid the qualifying fee by filing an “Undue Burden” oath and securing the petition signatures of 10 registered city voters.
In the fall elections, there will be three election positions up for grabs: the mayor’s seat currently held by Dan Murphy and the commission seats currently held by Amy Tripp and Brian Seymour. The mayor and commissioners serve two-year terms. The mayor receives an annual salary of $19,600 and commissioners receive $4,800.
Bradenton Beach
The one-week qualifying period in Bradenton Beach will begin at noon on Monday, June 18, and end at noon on Friday, June 22. Qualifying paperwork may be picked up at the Bradenton Beach clerk’s office and must be filed with the Supervisor of Elections Office.
Candidates must be U.S. citizens, registered to voter in Manatee County and residents of Bradenton Beach for at least 12 months prior to qualifying.
As the result of charter amendments adopted by Bradenton Beach voters in November, commission wards have been eliminated and the two citywide candidates who receive the most votes will claim the two seats open this fall. Those seats are currently held by Marilyn Maro and Ralph Cole.
According to recent charter amendments, commission candidates no longer need to be registered city voters. The qualifying fee for commission seats is $48. No petition signatures are required in Bradenton Beach.
City commissioners serve two-year terms and earn $400 a month.
Holmes Beach
In Holmes Beach, City Clerk Stacey Johnston serves as the qualifying official and candidates qualify at city hall. The qualifying period there will be noon on Monday, June 18, until noon on Friday, June 22.
Candidates must be U.S. citizens, registered Manatee County voters and residents of Holmes Beach for two years prior to qualifying.
The qualifying fee is $60 for commission candidates and $240 or mayoral candidates. All candidates must secure the petition signatures of 15 registered city voters and file an affidavit of residency.
Candidates can avoid the qualifying fee by filing the “Undue Burden” oath and securing the petition signatures of 15 registered city voters.
The mayor and commissioners serve two-year terms. The mayor earns $24,000 a year and commissioners make $6,000 a year.
There also will be five elected positions for Charter Review Commission members. The qualifications are the same, but candidates do not have to pay the qualifying fee.
ANNA MARIA – Shoshi, a juvenile green sea turtle, is swimming free in Tampa Bay after a successful rehabilitation and release Thursday morning, May 10 at Bayfront Park.
A fisherman found the turtle in March floating in yellow sludge 15 miles west of Bean Point, the northern tip of Anna Maria Island, according to Mote Marine Laboratory, which rehabilitated the turtle.
Anna Maria Island Turtle Watch and Shorebird Monitoring volunteer Dave Ault brought the turtle to Mote, naming her after his puppy, Shoshi.
Mote Sea Turtle Rehabilitation Hospital staff discovered that Shoshi’s skin was covered in an unidentified orange material, and the plates on its shell were coming off. The turtle received antibiotic eye drops, was given dextrose intravenously, and received subcutaneous fluids until it fully recovered.
Green turtles rarely nest on Anna Maria Island; loggerheads are, by far, the more common local species. Both are on the federal threatened species list.
Turtle season began May 1. No turtles had nested on the Island as of Shoshi’s release date, but one turtle attempted to nest in a “false crawl” in Bradenton Beach earlier that morning, returning to sea without laying eggs, according to Turtle Watch.
If you see a stranded or dead sea turtle, dolphin or whale in Sarasota or Manatee county waters, please call Mote’s Stranding Investigations Program, a 24-hour response service, at 941-988-0212.
If you see a stranded or dead sea turtle, dolphin or whale outside of Sarasota and Manatee counties, or a stranded or dead manatee anywhere in state waters, please call the FWC Wildlife Alert hotline at 888-404-FWCC (3922).
Mote Sea Turtle Rehabilitation Hospital staff bring a green sea turtle to Bayfront Park for release on Thursday, May 10. - Cindy Lane | Sun
A juvenile green sea turtle, a threatened species, was released off Anna Maria on Thursday, May 10. - Cindy Lane | Sun
ANNA MARIA – At the end of a two-month search for a new executive director, The Center of Anna Maria Island’s board of directors is choosing from their own ranks.
In a May 4 press release, Center board members announced the promotion of Chris Culhane to executive director.
To fill the executive director void, more than 170 applicants were screened and interviewed by human resources consultant Margaret Beck before finalists were interviewed by the Center’s hiring committee. Committee members included board members Karen Harllee, David Zaccagnino and John Munn, County Commissioner Steve Jonsson and local business owner Barbara Sato. Culhane will take over Center leadership from interim executive director Carl Weeks.
“After an extensive search and many months of committee work Chris Culhane came out as our top choice,” Zaccagnino said in the press release. “He has proven himself over the years and has earned the opportunity of executive director. During the past couple months Chris has been working closely with interim Executive Director Carl Weeks, the finance committee, the board of directors, and several grant and fundraising committees. He is a natural and has stepped into the leadership position with purpose. We are pleased to have Chris as our new executive director.”
Culhane began his career at the Center as a coach and volunteer before taking an administrative position three years ago. Prior to working at the Center, he attended the Center and participated in sports as a child and teenager. Now his three children attend the Center.
New Center Executive Director Chris Culhane takes to the field with his family. – Submitted | Center
“It is with great pleasure that I have accepted the offer which has been bestowed upon me by The Center’s board of directors and the hiring committee to become The Center of Anna Maria Island’s next executive director. I am humbled and ultimately grateful for the opportunity and I would like to thank the board, the committee, local business owners that participated in the search, the dedicated staff, and the AMI community as a whole,” Culhane said in the press release. “I love this community and I love the Center. With the goals set high we will be working with our integral community leaders, the board, and the center team to review the strategic plan in order to build a sustainable model that drives the Center to success and truly leaves a legacy…a legacy that will hopefully inspire executive directors all the way down the line.”
ANNA MARIA – The lines in the sand have been drawn – aka surveyed and staked – in two beachfront locations along South Bay Boulevard.
On Wednesday, May 2, surveyors placed three wooden stakes along the mean high-water line that establishes the private property line in front of a beachfront home along the 500 block of South Bay Boulevard. As a second point of reference, Mayor Dan Murphy also asked the surveyors to stake the mean high-water line near the public access path on the 600 block of South Bay Boulevard.
The handwritten phrase “Apparent MHW” appears on each of the survey stakes. The city also has been provided the GPS coordinates of the survey points should the stakes be removed by nature or humans. Murphy said the survey work cost approximately $900.
Murphy requested the surveying at the city’s expense because the beach area between the water and a bayfront home on South Bay Boulevard has been discussed at recent city commission meetings as a source of confrontation between the property owners and people walking the residential beach along the Tampa Bay shoreline.
Last summer, the property owners placed two signs between their home and the water that say: “No Trespassing. This beach is private property.”
A visit to the newly staked areas at 10:20 a.m. on Thursday, May 3, revealed the incoming tidal waters of Tampa Bay had already risen above the mean high-water line in both locations – and high tide wasn’t expected that day until 2:20 p.m.
According to the stakes, people walking landward of the mean high-water line are walking on private property and the property owners have the right to ask them to leave. For much of last week, anyone walking that section of beach would have had to walk in the water to avoid walking on private property.
Private property owners have no such rights when it comes to people walking seaward of the mean high-water line. All land seaward of the mean high-water line (or the erosion control line where beach renourishment has occurred) is state-owned public land.
The mean high-water line is established using a 19-year average based on local tidal data established by tidal observations made at specific tide stations.
When asked how the city plans to deal with future conflicts that may arise between private property owners and people walking along that stretch of residential beach, Murphy said, “My advice is that we all respect each other and are tolerant with each other.”
When interviewed on April 12, one property owner correctly estimated where his property line was, and said he was considering installing rope and bollard fencing to delineate his property line and discourage foot traffic.
Installation of a beachfront fence will require a permit from the city, but a recent federal lawsuit supports property owners’ right to install fences.
In March 2017, Walton County commissioners adopted a customary use ordinance in response to beachfront property owners erecting fences.
“No individual, group or entity shall impede or interfere with the right of the public to utilize the dry sand areas of the beach that are owned by private entities,” the ordinance said.
In November 2017, a federal court ruled the Walton County ordinance language prohibiting fencing was unconstitutional and violated property owners’ First Amendment rights. The federal court viewed fences as an expression of free speech that conveyed a message to others to stay off their property.
During the City Commission’s April 26 meeting, property owners Pat Olesen, Dr. David Bulley and Dean Foster were among those who expressed concerns about people walking and congregating on the private beaches in front of their bayfront homes. Their public testimony contributed to the City Commission’s decision to discontinue the pursuit of a customary use ordinance as a potential means of protecting the historic and customary public use of privately-owned beach lands.
A new state law that takes effect July 1 will require a court order before local governments can adopt or maintain an ordinance based upon the public’s customary use of any portion of beach above the mean high-water line. The new law does not apply to ordinances adopted and enacted before Jan. 1, 2016.
ANNA MARIA – City officials have abandoned the pursuit of a customary use ordinance as a means of ensuring continued public access to state-owned public beach lands that lie between private property lines and the city’s coastal waters.
According to the Surfrider Foundation website, a local customary use ordinance recognizes and protects existing public beach access rights based on the legal doctrine of customary use.
On April 12 – in response to a new state law taking effect July 1 – Anna Maria commissioners directed City Attorney Becky Vose to start working on a customary use ordinance to be adopted before that date. Once the state law is enacted, municipalities will no longer be able to declare customary beach use through a local ordinance. They will need a declaration from a circuit court.
On Thursday, April 26, Mayor Dan Murphy recommended the commission forego the customary use ordinance. After commission discussion and public input, the commissioners voted 4-1 in support of Murphy’s recommendation, with Commissioner Doug Copeland casting the opposition vote.
The public beach areas in question are those seaward of the mean high tide line that establishes property lines on the unrenourished beaches on the Tampa Bay and Sarasota Bay (east) side of Anna Maria Island, and seaward of the erosion control line – closer to the dune line than the mean high tide line – that establishes property lines on the renourished beaches on the Gulf of Mexico (west) side of the Island.
“For 110 years we’ve all gotten along without this because the mean high line has been the rule of the land. Yes, from time to time there are some issues, but for the most part, people don’t mind people walking by their house. What I would suggest is that we leave what’s been in place and not embark on an ordinance that we probably don’t need because of a few places that are hot spots,” Murphy said.
One such hot spot is Terry and Pat Olesen’s bayfront home on South Bay Boulevard. Terry’s recent confrontations with beach walkers were discussed at a city meeting on April 12.
Murphy said that if needed, the city could prove customary use without a new ordinance.
Commissioner Amy Tripp suggested customary use is a county issue, not a city issue.
Commissioner Carol Carter said she knows at least 14 people who recently moved from Anna Maria, and she’s concerned that adopting a customary use ordinance would drive more full-time residents away.
Commissioner Brian Seymour agreed and asked Murphy about the beach surveying scheduled for this week.
“We’re having two, possibly three properties surveyed. These are properties where the owners have stated they want to know exactly where the boundaries are,” Murphy said.
The Olesens’ property is among those that will be surveyed and staked at the city’s expense.
Public input
Several South Bay Boulevard residents opposed the customary use ordinance and no one spoke in favor of it.
Dr. Jose Erbella shares his thoughts on a proposed customary use ordinance. – Joe Hendricks | Sun
“I don’t think we should change anything. I love having my neighbors walk behind the house and enjoy the beach. Our biggest fear is making changes that will really impact our quiet neighborhood,” Dr. Jose Erbella said.
Erbella owns two beachfront homes. He lives in the one on South Bay Boulevard, and his children live in the one on North Shore Drive that until recently had about 40 yards of beach.
“Just a few weeks ago my kids lost their beach on North Shore. The storms completely took their beach away. The water is back to the seawall,” he said of the impermanent nature of beachfront property.
“Walking is a wonderful thing, and I’m all for it, but once you start putting bunches of people out there, there is no room because there is basically no beach,” Jack Whiteside said.
“Terry and I really have no problem with people walking as long as they stay by the water. For us, it’s a liability issue and the enjoyment of our property,” Pat Olesen said.
“We don’t use our back deck as much as we could. We just find it too uncomfortable sometimes. People are almost in our face, and if it gets closer, it’s going to be uninhabitable, and we will be one of the residents that leave,” Dr. David Bulley said.
“There’s no harm in walking the beach. There is harm when people start to encroach on your space,” Sheila Fusé said.
Ashok Sawe asked why there are so many public access paths leading to residential beaches.
Murphy said they were created before he became mayor.
Public access to the beach is required for the county to get beach renourishment funding.
“The access could be water; it could be beach. It all depends on where the mean high tide is. We need to find that out so we can handle these instances on a one-by-one basis. The new law doesn’t change any of that,” he said.
ANNA MARIA – Seven-and-a-half-year-old New Hampshire resident Nick Costa was recognized last week for an act that helped save the life of his four-year-old brother, Jake.
During the Anna Maria City Commission’s April 26 meeting, Sgt. Mike Jones presented Costa with a certificate of appreciation. The boys’ parents, Jeff and Jessica Costa, accompanied them to the commission meeting.
Before he presented Nick with his certificate of appreciation, Jones described the events that transpired.
“On Sunday, April 22, in the late afternoon, Nicholas was here on vacation with his family. They had just arrived and were settling in at their vacation rental on South Bay. Nicholas and Jacob were playing on the beach with their parents and decided to go to the pool deck. Unbeknownst to Jacob’s father, he followed behind his dad, defeating the pool gate lock. While his dad and brother were attempting to set up a pool table on the deck, Jacob decided to go into the pool. Jacob’s older brother, Nicholas, noticed he was beneath the surface and was in severe danger. Nicholas alerted his father immediately. Mr. Costa jumped in, pulled his son out of the pool and he was unresponsive and not breathing. Dad, along with other family members, started CPR and revived Jacob. On behalf of the Manatee County Sheriff’s Office, Sheriff Wells and the city of Anna Maria, please accept this small token of appreciation for your heroic act. Good job!” Jones said.
ANNA MARIA – City commissioners recently approved three more Bert Harris claim settlement offers, including one for a beachfront home at 107 Elm St. owned by Graham and Hazel Hansen.
The Hansens requested a 10-person occupancy limit for their rental home. The city originally offered an eight-person occupancy limit that the Hansens rejected. On March 22, the commission voted 4-1 in support of increasing the occupancy offer to 10. Commissioner Carol Carter opposed that action. She said the home is very narrow and the bedrooms are very small and she questioned the need for the extra occupancy.
The commission unanimously approved a 14-person occupancy offer for a home at 211 Chilson Ave. owned by Lakeland-based O&S Holdings.
The commission unanimously approved a counteroffer for a 14-person occupancy limit at 211 Willow Ave. The home is owned by Allen Weinstein and Alison Boak. One of the city’s previous counteroffers included an offer to buy the home for $1.79 million. The owners rejected that offer.
According to City Clerk LeAnne Addy’s monthly report, the city has settled 93 Bert Harris claims, is awaiting client decisions on six settlement offers and is awaiting client signatures for 13 accepted settlement offers.
The city has made settlement offers on all 122 of the Bert Harris claims received in 2016 and 2017. The period to file a claim expired in early 2017. The claims were filed in response to the eight-person occupancy limit contained in the vacation rental ordinance adopted in late 2015.
The Bert Harris claims are an attempt to offset lost rental income or reduced property value as a result of the city’s vacation rental occupancy limits.
Like seasonal fruits and vegetables, the city of Anna Maria’s new farmer’s market is a fleeting pleasure with an expiration date: Tuesday, May 8.
The market’s trial run was an experiment conducted by Mayor Dan Murphy and Deputy Clerk Debbie Haynes, with the City Commission’s blessing. The goal was to attract more people to the Pine Avenue business district while the Anna Maria City Pier remains closed. Judging by the first two markets, that’s mission accomplished.
Approaching stormy weather did not dampen the initial excitement felt when the market debuted on March 20, when four vendors (two of them sharing space) set up around the shade sail at City Pier Park.
The shoppers were eager and the foot traffic was heavy, and the following week produced more vendors and more people.
When expressing support for the market’s inception, Commissioner Doug Copeland lamented the lack of fresh produce on the north end of the Island. With two produce vendors on hand last week, the market provided that, but it also provided something else – a public gathering that helps foster a sense of community.
The market provides a place where locals can reconnect with one another in a new and natural setting. They can also interact with the friendly visitors who are often ostracized simply for being part of a demographic known as vacation rental guests.
The market is an example of the mayor and city commissioners trying to support the business community, full-time residents and visitors all at the same time in a small but significant manner. Does a farmer’s market cure the city’s woes? No, it does not, but getting people to gather regularly in a city park is an effort to be saluted – and hopefully repeated on the other side of summer.
Some vendors at the Anna Maria market are familiar faces at the long-running Beach Market at Coquina Beach on the south end of the Island. Chaperoned by Nancy Ambrose, the Beach Market also offers baked goods, clothing, jewelry, antiques, arts and crafts, live music, good vibes and a lovely stroll down a shaded beach trail. The Beach Market happens each Wednesday through May 9 and most Sundays through the end of July.
The stock market may be a roller coaster ride, but a trip to a local market is always a sound investment.
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