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Commission struggling with CBD regulation

Commission struggling with CBD regulation

Written by Joe Hendricks on . Posted in Anna Maria, Community News, Featured.

ANNA MARIA – Revising the city of Anna Maria’s CBD and hemp prohibitions is proving to be challenging for city officials.

Anna Maria’s code of ordinances currently prohibits the sale of any product derived from the cannabis plant, including medical marijuana and CBD and hemp products. The current ordinance was adopted shortly before Florida voters legalized medical marijuana and medical marijuana dispensaries in 2016.

After debating proposed revisions to the existing city ordinance on March 14 and March 28, city commissioners remain divided and undecided as to how to allow Anna Maria businesses to sell limited amounts of CBD and hemp products while still prohibiting medical marijuana sales and discouraging retail operations focused primar­ily on CBD sales.

The city’s regulatory quagmire began in late February when Holmes Beach-based CBD vendor Mel Wendell was told she couldn’t sell CBD products at an arts and crafts fair being held in Anna Maria. In response, Wendell told the mayor and commissioner there were other businesses currently selling CBD products in Anna Maria.

The attention created by Wendell’s public statement resulted in the North Shore Café owners receiving a notice of violation for selling food and drink products made with a hemp powder containing a miniscule amount of THC. The Cool Beans AMI coffee shop owners received a similar notice for selling some of the same CBD products sold legally at their Live Naturally store in Holmes Beach.

Commission struggling with CBD regulation
CBD sales are legal in Holmes Beach and Live Naturally is one of two CBD-prevalent stores in that city. – Joe Hendricks | Sun

On March 14, City Attorney Becky Vose presented an ordi­nance that proposed limiting CBD and hemp sales to no more than 10% of a retail outlet’s total inventory. The commission agreed that provision would be virtually impossible to enforce and would require an audit of a businesses’ total inventory.

On March 28, the commission reached preliminary consensus on two key points proposed in the ordinance but remained puzzled as to how to regulate CBD sales at brick-and-mortar retail locations and the signage associated with such sales. Federal law prohibits the regulation of sign content.

Commission struggling with CBD regulation
Anna Maria commissioners are concerned about the signage associated with CBD stores in general. – Joe Hendricks | Sun

The commission agrees CBD and hemp sales should be allowed at craft fairs, markets and other special events taking place with a city commission-approved special event permit, as long as the number of CBD/hemp vendors doesn’t exceed more than 10% of the total vendor roster.

The commission agrees that mobile CBD sales not related to special events should remain prohibited in order to prevent CBD being sold from trucks, trailers, tents and other mobile operations.

The commission also agrees that the fine amounts associated with CBD or hemp sales viola­tions should be established in a separate city resolution.

Commission struggling with CBD regulation
Commissioner Gary McMullen noted CBD sales are allowed statewide and take place in Holmes Beach and many other Florida cities. – Joe Hendricks | Sun

Commissioner Gary McMullen questioned why the city wants to continue outlawing CBD and hemp products that are legal statewide and legally sold in Holmes Beach and many other Florida cities.

Along those same lines, Commissioner Jon Crane said, “I’ve got nothing against medical marijuana and I support it.”

Commissioner Kathy Morgan expressed support for the current CBD prohibitions.

Commissioner Charlie Salem asked Vose to research how other Florida cities are regulating CBD sales.

After noting CBD sales are prevalent in most Florida cities, Vose said the commissioners are essentially dealing with a cut-and-dried decision to either allow or continue prohibiting CBD and hemp sales and CBD stores in Anna Maria.

These matters will be discussed again at the Thursday, April 11 meeting. In lieu of the ongoing regulatory efforts, Mayor Dan Murphy is giving the North Shore Café and Cool Beans AMI owners an additional 30 days to comply with their notices of violation.

Related coverage: Anna Maria seeks to amend CBD prohibitions

Anna Maria seeks to amend CBD prohibitions

Anna Maria seeks to amend CBD prohibitions

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – The city of Anna Maria is trying to revise its current marijuana prohibitions in a manner that would allow CBD and hemp products to be legally sold in the city.

The city’s code of ordinances currently prohibits the sale of any product derived from cannabis plants, including medical mari­juana and over-the-counter CBD and hemp products.

On March 14, City Attorney Becky Vose presented the mayor and city commission with the first reading of proposed Ordinance 24-923, an ordinance that would repeal and replace the city’s existing marijuana prohibitions.

City officials are revisiting the ex­isting city ordinance enacted many years ago that prohibits medical marijuana dispensaries in Anna Maria – an action taken shortly before Florida voters approved the legal sale of medical marijuana.

The current ordinance came into question when Holmes Beach-based CBD vendor Mel Wendel was denied participation in an arts and crafts show taking place in Anna Maria. A short time later, the owners of the North Shore Café and the owners of the Cool Beans AMI coffee shop received notices of violation for selling hemp products and/or CBD products, including a hemp powder that contains microscopically low levels of THC.

PROPOSED ORDINANCE

The new ordinance Vose pro­posed would still prohibit medical marijuana dispensaries but would allow retail establishments to sell CBD and hemp products as long as those products didn’t equate to more than 10% of the retail establishment’s inventory.

The ordinance proposed prohibiting the mobile sales of any products made from can­nabis plants unless such sales are pursuant to a city commission-approved special event at which no more than 10% of the event’s total inventory could consist of CBD and/or hemp products.

The commission questioned how a 10% inventory threshold could possibly be enforced. Mayor Dan Murphy acknowledged that would require an audit of the establish­ment’s entire inventory, which is not something the city intends to do.

Commissioner Jon Crane op­posed the proposed $500 fine for a first-time offense. He feels that’s too high and not consistent with other fines levied in Anna Maria.

Murphy said the city needs to establish a fine amount that’s rea­sonable but high enough to deter business owners from considering the daily fine to simply be the cost of doing business in Anna Maria.

Vose suggested an initial $50 per day fine that would escalate to $500 per day after five days’ notice.

Vose said the proposed Anna Maria ordinance is not modeled after the Holmes Beach ordinance that allows CBD stores and CBD sales, and as currently written, would not allow CBD stores in Anna Maria.

Commissioner Mark Short said the proposed ordinance doesn’t address the potency of the CBD products sold and he’d like that addressed in the ordinance. Short said he would like the city’s potency allowance to be as low as possible. Vose said the state already regulates the potency and labeling of CBD products and the city isn’t going to purchase CBD products and send them to a lab to be tested.

Commissioner Charlie Salem asked Vose if the city can prohibit the sale of CBD products allowed by the state.

“Yes, we can. We can regulate them,” Vose said.

Vose noted the Florida Leg­islature recently sent proposed legislation to Gov. Ron DeSantis that would further restrict CBD sales in Florida. If supported by the governor, the revised state regula­tions could impact the city’s efforts to revise its local regulations.

When asked if the city can regulate CBD and THC references on business signs, Vose said federal law prohibits the regulation of sign content.

As the discussion came to a close, Murphy said more research and commission discussion is needed regarding inventory thresholds, potency levels, fine amounts and other factors. The commission took no formal action on the proposed ordinance and the regulatory efforts remain a work in progress.

Anna Maria responds to county consolidation option

Written by Joe Hendricks on . Posted in Anna Maria, Community News, Featured.

ANNA MARIA – The city of Anna Maria has responded to a March 5 request for information from OPPAGA regarding the potential consolidation and annexation of the city into Manatee County.

The cities of Holmes Beach and Bradenton Beach received similar requests from the Office of Program Policy Analysis and Government Accountability that conducts research for the Florida Legislature.

Last year, OPPAGA initiated a consolidation study at the request of Sen. Jim Boyd (R-Bradenton), State Rep. Will Robinson Jr. (R-Bradenton) and the other state legislators who are members of the Manatee County Legislative Delegation.

OPPAGA’s Island consolidation study originally included three possible options: Consolidating the three Island cities into one new city, consolidating and annexing all three cities into the city of Braden­ton or not consolidating the cities but consolidating similar services provided by each Island city.

In November, the three cities submitted separate written re­sponses to OPPAGA that addressed the benefits and challenges of each consolidation scenario.

On March 15, the city of Anna Maria submitted a written response to OPPAGA that addresses the additional option of consolidating Anna Maria into Manatee County and placing it under the control of the county and the Manatee County Commission.

BENEFITS AND CHALLENGES

Regarding the benefits of the county consolidation option, the city response notes the city prop­erty taxes currently levied at a 2.05 millage rate would be eliminated. County consolidation would also eliminate the need for city-funded public works departments, building departments and law enforcement agencies.

Regarding the challenges posed by county consolidation, the Anna Maria response notes there would be an increased financial and administrative placed burden on the county, which last year only provided the city with $15,000 as part of the city’s $11.4 million annual budget.

County consolidation would result in the county assuming own­ership and responsibility for the roads, the stormwater and drainage system and other infrastructure elements currently funded by the city and its taxpayers. The county would assume ownership and maintenance responsibilities associated with the city-owned City Pier and the city-owned property that provides rent-free space for The Center of Anna Maria Island.

The Anna Maria response claims county consolidation would result in the loss of existing environmen­tal safeguards and the loss of the diversity and atmosphere the three distinctly different Island cities currently provide.

“This is what makes Anna Maria Island unique from any other bar­rier island in the state of Florida,” the response notes.

The response also notes the county consolidation option would result in the elimination of each of the three cities’ city charters and comprehensive plans – docu­ments that currently limit building heights to three stories Island-wide.

“Loss of these plans has the potential to create a huge negative impact on the entire Island com­munity,” the response notes.

The city response also notes consolidation would result in job losses for those currently employed by the city.

The response states many Anna Maria property owners, an­nual visitors, tourists and elected officials oppose consolidation and forced consolidation would be likely be met with strong and costly legal opposition.

Anna Maria increasing vacation rental registration fees

Anna Maria increasing vacation rental registration fees

Written by Joe Hendricks on . Posted in Anna Maria, Community News, Featured.

ANNA MARIA – The city is increasing its occupancy-based annual vacation rental registration fee from $84.17 to $93.92 per occupant allowed by the local vacation rental ordinance.

The annual registration fee is estab­lished each year by the adoption of a city commission-approved resolution. The increased fees were established on March 14 with the adoption of city resolution 24-793.

The state of Florida defines a short-term vacation rental as any unit, group of units, dwelling, build­ing, or group of buildings within a single complex of buildings that is rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.

According to Anna Maria’s latest fee schedule, the owner or operator of a short-term vacation rental with a maximum allowed occupancy of four guests will now pay a $375.68 registration fee (4 x $93.92).

An owner/operator allowed eight guests will pay $751.36. An owner/ operator allowed 12 occupants will pay $1,127.04 and an owner/operator al­lowed 16 occupants will pay $1,502.72.

During Thursday’s meeting, Mayor Dan Murphy said he believed the highest occupancy allowed in Anna Maria is 22 occupants. This would result in a $2,066.24 registration fee (22 x $93.92).

This fee schedule lists the vacation rental registration fees for the 2024-25 season.

City Clerk and Treasurer LeAnne Addy noted the annual registry fees are due on April 1 of each year.

“This is not a moneymaker for the city,” Addy told the commission. “It only covers the expenses we spend on vacation rentals, such as software, equipment, vehicles, enforcement, the Home Rule Florida website, the lobbyist, legal fees, inspection of the vacation rentals and adminis­tration fees.”

The city uses its Home Rule Florida website, www.homerulefl.com, to generate opposition email campaigns targeting state legislators and now the governor regarding the Florida Legislature’s ongoing efforts to preempt vaca­tion rental regulation to the state and lessen the regulatory authority of local and county governments.

“It’s about a 9% increase over last year and the primary driver of that increase is the code rewrite we used for HomeFlorida.com,” Addy said regarding the increase.

Commissioner Charlie Salem said, “If we don’t collect this money from these vacation rentals we would have to get it from the taxpayers. This is an appropriate way for us to make sure that we’re not shifting the costs to residents. I’m glad we still have the ability to do this.”

The commission voted 5-0 in support of the fee increase.

STATE LEGISLATION

Anna Maria’s adoption of its annual vacation rental registration fees comes at a time when city officials are still waiting to see if Gov. Ron DeSantis will sign into law or veto legislation that would preempt the regula­tion of vacation rentals and vacation rental advertising to the state via the Florida Department of Business and Professional Regulation.

On Feb. 1, the Florida Senate adopted Senate Bill 280, as it was then written, by a 27-13 vote. On March 6, the Florida House of Representatives voted 60-51 in favor of a House-amended version of SB 280 that served as the House replacement for House Bill 1537.

On March 7, the Senate members voted 23-16 in favor of adopting the House-amended version of SB 280. The identically-matching legislation adopted by the House and Senate was then sent to DeSantis for his consideration.

House Bill 1537 originally proposed a $150 fee limit on first-time vacation rental registrations and a $50 per year cap after that. That fee cap language never appeared in SB 280 and it does not appear in the enrolled version of SB 280 sent to the governor. The enrolled final bill simply says local governments would be allowed to charge “reason­able” fees, without defining “reasonable.”

On March 14, Murphy told the city commission he planned to travel to Tallahassee this week to meet person­ally with DeSantis in hopes of encouraging him to veto the proposed state preemption.

“There are several things in that bill that could prove to be very impactful on our city. This bill allows for virtually an unenforceable amount of occupancy in vacation rentals. It’s two per bedroom, plus two (additional occupants), plus x-amount (of additional guests) if you have a certain amount of common area,” Murphy said when expressing some of his many concerns with the proposed state preemption.

When contacted Sunday afternoon, Murphy said he still expected to meet with DeSantis this week, but he didn’t yet have an exact day and time for that anticipated meeting.

Coaches vote league’s best

Written by Monica Simpson on . Posted in Football, Sports.

ANNA MARIA – The winter flag football playoffs started and the youth league award winners were announced last week. With the coaches’ votes in, 10 well-deserved players heard their names announced on The Center’s field.

Playing in last week’s opening game, AMI Coconuts’ Camden Rudacille, the league’s winner of the sportsmanship award, proved he is not only one of the best-spirited players in the league but also a skilled baller.

With one touchdown catch and a two-point conversion on offense, Rudacille also had a strong defensive game against the Moss Builders team, including six flag pulls and an interception.

Teammate Adelaide McGraw and Cheesecake Cutie’s Gunner Maize earned the offensive most valuable player honors for the 8- to 10-year-old league.

Despite the team’s loss against top-ranked Moss Builders, McGraw had a strong game with one reception and a big defensive stop.

In the third game of the night, MVP Maize’s team dominated the Beach House Waterfront Restaurant team, winning 33-0. The Cheesecake Cutie standout once again showed why he is deserving of the title, with 21 points, including a touchdown reception, a rushing score and a pick-six.

On the other side of the football, Beach House’s Aiden Guess, winner of the defensive MVP votes, had three flag pulls against the Cuties offense.

Team Adrian Griffin Interiors advanced to the semifinals with a win against Chick-fil-A. The league’s most improved player, Silas DeWitt, playing for the victors, finished the game with five catches, including one for six points and three big defensive stops.

Sato Real Estate won the second game of the night against Solid Rock Construction by 20 points in the defensive battle.

In the older youth league, Solid Rock Electrical’s Estella Long lit up the gridiron as the MVP against team HSH Design. Long had four catches and scored six points. On the other side of the football, Long stopped the HSH offense with seven flag pulls.

The league’s most improved player, Van Harvell, playing for Solid Rock Air Conditioning, helped his team to their narrow victory against Progressive Cabinetry. In the two-point game, Harvell scored a touchdown and made five big flag pulls in the night’s second match-up.

Team Wings N Things could not advance to the next round of the playoffs, despite having two of the honored players in the league. The Shady Lady Horticultural Services team was just too strong, holding Ryk Kesten, the defensive most valuable player, to one TD and five flag pulls.

Sportsmanship award recipient Charlee Maize caught two passes, pulled eight flags to stop forward progress and sacked the Shady Lady QB.

Closing out last week’s youth flag football play, team Moss Builders solidly won against team Freckled Fin. With the final score 52-8, Mason Moss put up numbers that echoed his season accomplishments which earned him the coaches’ votes for MVP.

Scoring two rushing touchdowns and catching for another six, Moss also had two interceptions, including taking one down the field to score.

Moss clearly showed his dominance both on offense and defense, finishing the game with a flag pull and one-point conversion to end last week’s youth play.

This week’s youth flag football action started on Monday with team Sato Real Estate facing the Cheesecake Cutie team, as well as the 8- to 10-year-old Moss Builders team taking on Adrian Griffin Interiors.

On Tuesday, the older Moss Builders team played Solid Rock Electric while Solid Rock Air Conditioning opposed the Shady Lady Horticultural Services squad in semifinal action.

 

 

SUN SCOREBOARD

 

 

MARCH 4 – YOUTH FLAG FOOTBALL

8- TO 10-YEAR-OLD LEAGUE

QUARTER-FINAL PLAYOFFS

 

 

#1 Moss Builders 35

#8 AMI Coconuts 8

 

 

#3 Sato Real Estate 26

#6 Solid Rock Construction 6

 

 

#2 Cheesecake Cuties 33

#7 Beach House Waterfront Restaurant 0

 

 

#4 Adrian Griffin Interiors 26

#5 Chick-fil-A 13

 

 

MARCH 5 – YOUTH FLAG FOOTBALL

11- TO 14-YEAR-OLD LEAGUE

QUARTER-FINAL PLAYOFFS

 

 

#4 Solid Rock Electrical 39

#5 HSH Design 18

 

 

#3 Solid Rock Air Conditioning 43

#6 Progressive Cabinetry 41

 

 

#2 Shady Lady Horticultural Services 26

#7 Wings N Things 6

 

 

#1 Moss Builders 52

#8 Freckled Fin 8

 

 

MARCH 7 – ADULT CO-ED INDOOR SOCCER, WEEK 5

 

 

Mi-Box (1-3-1) 13

Slim’s Place (0-4-1) 12

 

 

Pool America (3-1-1) 14

Servis 1st Bank (2-3-0) 5

 

 

Bucky Construction (5-0-0) 7

Sato Real Estate (2-2-1) 6

 

 

ADULT CO-ED FLAG FOOTBALL

QUARTER-FINAL PLAYOFFS

 

 

#5 Solid Rock Construction 29

#4 Salty Printing 13

 

 

#3 Sandbar Seafood & Spirits 46

#6 Slim’s Place 39

 

 

#2 Moss Builders 27

#7 Gulf Drive Café 6

 

 

#1 Floridian Mortgage 42

#8 Edible Cookie Dough Café 27

 

 

UPCOMING GAMES

MARCH 17

Floridian Mortgage vs. Solid Rock Construction, 7 p.m.

Sandbar Seafood & Spirits vs. Moss Builders, 8 p.m.

Charter review committee considering changes

Charter review committee considering changes

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – During its second meeting, the Anna Maria Charter Review Committee discussed three potential amendments to the city charter.

Similar to the state constitution, the 20-page Anna Maria charter sets forth how the city government is structured and how the city is governed. The charter establishes which city actions require a city ordinance and how citizen-initiated voter referendums are initiated. The charter establishes the duties of the city clerk, city treasurer and city attorney and includes a detailed description of the city’s physical boundaries and corporate limits.

State law requires a city charter to be reviewed at least every five years. The Anna Maria charter was last reviewed in 2019. The city charter can only be amended and revised with the approval of the city’s registered voters.

Chris Arendt chairs the committee that also includes Stevie Coppin, Scott Isherwood, Pat Olesen and Chuck Wolfe.

During the committee’s Feb. 23 meeting, the members discussed three potential amendments to the city charter.

Arendt noted the conveyance or lease of any city-owned property requires a city commission-approved ordinance. Regarding the conveyance of city property, Arendt said the Holmes Beach charter requires a four-fifths supra majority support of the city commission and the approval of the city’s registered voters in order to sell, vacate or give away a city-owned property. The Bradenton Beach charter includes similar language.

The Anna Maria charter does not require city voters to approve a proposed conveyance of city property. The committee is considering, but has not reached formal consensus, on proposing a charter amendment that would add that requirement to the charter.

Wolfe suggested including in the conveyance amendment language a provision that would also require voter approval for any city-owned structures or properties leased to another party for 25 years or more.

The city currently leases space on the City Pier to the City Pier Grill operators and to Mote Marine. Using essentially rent-free leases, the city also has long-term leases with The Center, Island Players and the Anna Maria Island Historical Museum for the use of those city-owned properties and structures.

The committee is considering proposing an amendment pertaining to the scheduling of special city commission meetings called in addition to the regular commission meetings that generally occur twice a month.

The charter currently provides that a special meeting may be called by any city commission member and when practical, with no less than 24 hours’ notice given to the public and the other commissioners.

Isherwood expressed concerns about a commission member theoretically acting as a “loose cannon” and abusing or over-using the ability to call special meetings. The committee is still considering proposing an amendment that would allow the mayor, the commission chair or a majority of commission members to schedule a special meeting, instead of a single member.

The commission discussed and is considering a potential charter amendment that would increase the non-voting mayor’s two-year term in office to a four-year term, while likely leaving the voting commission members’ terms at two years.

Seeking input from the mayor, the commission will invite Murphy to its Friday, March 8 meeting in hopes of getting his thoughts on four-year mayoral terms versus two-year terms. The committee also welcomes the city commissioners to attend the March 8 meeting to share their thoughts about two-year terms versus four-year terms. The meeting will begin at 10 a.m.

During the Feb. 23 meeting, Coppin shared her concerns about the charter’s use of gender-specific pronouns such as “he” and “she.” Coppin said the gender-specific pronouns are not keeping with the times, are grammatically awkward and should be replaced with non-gender-specific language. The committee reached no consensus on this matter and agreed to revisit the topic at a future meeting.

When the committee completes its review of the charter, the committee’s suggestions will be presented to the city commission for consideration. The commission can then support or reject any or all of the proposed charter amendments being placed on a future ballot. The commission can also propose charter amendments of its own to place on the ballot.

Feds issue approval for mangrove removal

Feds issue approval for mangrove removal

Written by Leslie Lake on . Posted in Environment, Featured, Outdoors.

ANNA MARIA – Despite attempts by neighbors to put a stop to mangrove removal at a Gull Drive home under construction, the developer received final approval on Feb. 16 to remove mangroves and construct a seawall.

With the consent of both the Florida Department of Environmental Protection (FDEP) and the U.S. Army Corps of Engineers (USACE), mangroves have been removed and construction of a 116-foot seawall began along the waterline at 111 Gull Drive beginning the week of Feb. 21.

“I have lost this battle and I accept that, but we haven’t lost the war; we’ve gained awareness of our environment. I’ve pulled the fire alarm on this,” said Ronnie Leto, an environmentalist and self-described whistleblower who lives across the canal from the Gull Drive property. “The sad part is, it’s not a homeowner doing this. It’s a developer doing this for profit.”

The property is owned by Sharp Real Estate Development of Hingham, Mass.

According to the Sharp Development website, “The private lot sits at the end of a cul-de-sac on a wide, open waterway” and has an expected list price of $6,195,000.

The work there had been stalled since December when neighbors reported mangrove removal to the FDEP and the city of Anna Maria.

“I was in my front yard putting up Christmas lights when I heard the machines,” Leto said in December. “I went out back and saw a backhoe ripping out mangroves.”

In a Dec. 18 email from Anna Maria Mayor Dan Murphy to The Sun, Murphy wrote, “The City received a complaint from a resident on Dec. 4, 2023, regarding the extensive removal and alteration of mangroves at 111 Gull Drive. As a result of this complaint, city staff visited the property and confirmed that mangroves had been removed and fill dirt had been added in its place.”

A permit for seawall construction had not been issued by the city and a stop work order was posted on the property on Dec. 6, according to Murphy.

“On Dec. 13, 2023, staff received several complaints from residents that mangroves had been removed yet again, despite the stop work order,” Murphy wrote. “One of the complainants shared a video of workers removing the mangroves and noted that the complainant called the Manatee County Sheriff to the site on the eve of Dec. 12, 2023. City staff visited the site on Dec. 13, 2023, and observed workers actively removing mangroves.”

Murphy wrote the stop work order had been removed and staff reposted it.

“The City of Anna Maria has confirmed that Mason Martin LLC, the contractor for the construction of the house at 111 Gull, was the entity that removed the mangroves,” Murphy wrote in a Dec. 19 email to The Sun.

FDEP issued an exemption on Sept. 19 for the construction of an approximately 116-foot seawall with a 2-foot-wide concrete cap and 815 square feet of backfill to level the property.

Following complaints the agency had received on Dec. 13 about mangrove removal, FDEP inspectors conducted a site visit on Dec. 22.

The FDEP final inspection report on released on Jan. 11 stated in part: “The inspection revealed that construction had commenced and a portion of the mangroves on the property were removed within the exempt activity’s footprint. Erosion control devices were installed upon request after the inspection.”

According to that report, 67 feet of mangroves had been removed, leaving 49 feet of mangrove fringe.

“The canal system is considered Waters of the United States (WOTUS) and is within retained waters. Therefore, additional authorization is required from the U.S. Army Corps of Engineers (USACE),” the FDEP report stated. “The Department notified the property owner that they should continue to coordinate with USACE and to not continue construction until a USACE authorization is obtained.”

On Feb. 16, the USACE issued the required authorization, according to Army Corps spokesman David Ruderman.

“The authorization included a requirement that the applicant purchase mangrove credits from the Tampa Bay Mitigation Bank before construction of the proposed seawall,” Ruderman wrote in a Feb. 22 email to The Sun. “I don’t have any details on the dollar amount of the credit but have asked for that info and will pass it on if/when I get a response.”

The Army Corps of Engineers mitigation credits can provide wetland mitigation for impacts within its federal wetland mitigation service area, according to the Tampa Bay Mitigation bank website.

“Mitigation banking is a practice in which an environmental enhancement and preservation project is conducted by a public agency or private entity (“banker”) to provide mitigation for unavoidable wetland impacts within a defined region (mitigation service area),” according to the FDEP website. “The bank is the site itself, and the currency sold by the banker to the impact permittee is a credit, which represents the wetland ecological value equivalent to the complete restoration of one acre.”

Mitigation banks are authorized by a state permit, issued by either a water management district or the department, and by the U.S. Army Corps of Engineers as a Mitigation Bank Instrument (MBI), according to FDEP.

“The cost of a ‘credit’ often seems high at first look (initially listed at $100K-$150K per credit); however, the cost is often significantly lower than the cost of designing and permitting on-site mitigation projects taking into consideration land costs, consulting and engineering fees, and delays in project implementation,” according to the Tampa Bay Mitigation website.

Anna Maria legalizing sandwich board signs

Anna Maria legalizing sandwich board signs

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – The city of Anna Maria is revising its sandwich board sign regulations.

On Feb. 22, City Attorney Becky Vose presented on first reading a previously discussed ordinance that would allow one A-framed sandwich board sign per business address. The second reading and final adop­tion of Ordinance 24-291 is slated for Thursday, March 14.

Anna Maria’s code of ordinances currently prohibits sandwich board signs but the enforcement of that prohibition was suspended to assist businesses in response to a hurricane-related pier closure in 2017 and the COVID pandemic.

Anna Maria legalizing sandwich board signs
The Bortell’s Lounge sandwich board sign promotes a breakfast and booze pairing. – Joe Hendricks | Sun

With enforcement suspended, many Anna Maria businesses currently use sandwich board signs to attract customers and promote the goods and services they offer. Some busi­nesses use more than one sandwich board sign, but they will soon be limited to one such sign per business address.

Anna Maria legalizing sandwich board signs
Anna Maria businesses will be limited to one sandwich board sign per business address. – Joe Hendricks | Sun

According to the soon-to-be-amended ordinance, “Each separate address housing one or more legal existing commercial uses within the ROR (Retail/Office/Residential) and C-1 zoning districts shall be permitted a single A-frame sandwich board. Such board shall have two fixed panels and be free of any parts that may swing or move in any fashion. Additionally, such board shall not exceed 27 inches in width and 45 inches in height, including the A-frame. Such board shall not be located in the right of way or in any parking space, shall not impede pedestrian traffic or line of sight and/or vehicular sight distances and/or sight triangle and shall be allowed during business hours only and shall be removed during non-business hours and inclement weather.”

Anna Maria legalizing sandwich board signs
Roser Church used a sandwich board sign to promote its pancake breakfast. – Joe Hendricks | Sun

While participating in the Feb. 22 meeting by phone, City Planner Ashley Austin noted the city commission previously discussed the proposed ordinance amendment in August. The proposed ordinance was then reviewed by the Planning and Zoning Board in September and the revisions suggested by the commission and planning board were incorporated into the ordinance presented that evening.

Anna Maria legalizing sandwich board signs
Anna Maria Rocks is among the many Anna Maria retailers that utilize sandwich board signs. – Joe Hendricks | Sun

Austin said she reached out to 21 Anna Maria business owners seeking their input. She said 16 business own­ers support the proposed sandwich board sign allowance, one business owner opposes sandwich board signs in general and four business owners are neutral on the matter.

Hemp, CBD regulations to be revisited

Hemp, CBD regulations to be revisited

Written by Joe Hendricks on . Posted in Business, Featured, Retail.

ANNA MARIA – The mayor and city commission plan to review and potentially amend a city ordinance that prohibits the sale of hemp and CBD products.

Hemp is a cannabis plant that contains 0.3% or less THC, the psychoactive ingredi­ent in marijuana that produces a “high.” CBD is a cannabis product that contains legally-allowed low levels of THC.

Enacted in 2015, Section 34-2 of Anna Ma­ria’s code of ordinances says, “The growing, processing, distributing and sale of marijuana within the city limits of Anna Maria is hereby prohibited. Marijuana shall be defined for purposes of this section to include all parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin, including but not limited to low-THC cannabis.”

At Mayor Dan Murphy’s suggestion, Anna Maria’s current hemp and CBD prohibitions are tentatively scheduled for discussion during the Thursday, March 14 city commission meeting that will start at 2 p.m.

Anna Maria’s hemp and CBD sales prohibitions came into question during the Feb. 8 commission meet­ing, when Blue Ribbon Events owner Danielle Lynch and Holmes Beach-based Edibles N More owner Mel Wendel were informed that Wendel could not sell hemp and CBD products at the arts and crafts show taking place at Roser Church that weekend. Wendel noted CBD sales are allowed in Holmes Beach because that city amended its hemp and CBD prohibi­tions in accordance with the 2018 Farm Bill that legalized hemp and differentiated it from marijuana.

When addressing the commission, Wendel said she purchases and resells CBD products produced and sold by Beach Bum Apothecary in Anna Maria (no relation to Beach Bums on Pine Avenue). She also said the Cool Beans AMI coffee shop was selling CBD products.

In response, Murphy said he wasn’t aware of any Anna Maria businesses selling hemp or CBD products.

VIOLATION NOTICES

Although not named by Wendel, North Shore Café owners Nathan Scott Geller and Colleen Geller now find themselves involved in the hemp and CBD regulation discussion.

On Feb. 13, the Gellers received a notice of violation letter from Code Enforcement Manager David DeZutter.

The notice includes the city code language pertaining to hemp and CBD sales and says, “This is to inform you that it was brought to our attention that your location may be selling CBD products which are made from hemp. If the allegation is correct, please remove all CBD products. Your imme­diate attention is required to bring your property into compliance by Feb. 23.

That day, Cool Beans AMI owner Morgan Bryant received a similar notice.

When contacted by The Sun, Beach Bum Apothecary owner Jim Harwood said he did not receive a notice of vio­lation. He said he previously utilized a commercial kitchen facility in Anna Maria to produce CBD products but he no longer uses that facility.

“The (Florida) Department of Agriculture granted me a permit to use at the kitchen. Right now, the business is not operating and I do not and have not sold items in the city of Anna Maria. My billing and shipping addresses are located in Bradenton,” Harwood said.

BUSINESS OWNER RESPONDS

The Gellers attended the Feb. 22 city commission meeting and Nathan addressed the commission during general public comment.

Regarding the notice of violation, Geller said, “I can assure you we’re not doing any of those things. As a resident and business owner, we support the intent of this ordinance, but somehow we got ensnared in this ordinance because of a product we sell at the café.”

Hemp, CBD regulations to be revisited
Some of the North Shore Café menu offerings contain hemp. – Joe Hendricks | Sun

Geller said the café uses hemp powder as an ingredient in some menu items and he showed the commission a package of the product used.

The café’s online menu includes an Acai Hemp Protein Bowl and smooth­ies that contain hemp protein, hemp seeds or hemp powder. Geller said the hemp product the café uses has a THC level of one-thousandth of one percent.

“They call it industrial hemp. Completely safe and legal. We feed this to our children. It has nothing to do with CBD,” he said. “North Shore Café has never sold CBD products. We don’t intend to sell CBD products.”

Making an analogy, Geller said, “The poppy seed comes from the poppy plant. The poppy plant also produces opium and heroin. No one is making poppy seeds illegal or banning lemon poppyseed muffins or poppy seed bagels, because they come from a different part of the plant.”

He also said, “This ordinance needs to be more specific and actually go after CBD products and synthetic CBDs.”

In response, Murphy said the cur­rent ordinance was enacted in 2015 to prohibit medical marijuana dispensa­ries before Florida voters approved the sale of medical marijuana. All three Anna Maria Island cities prohibit medical marijuana dispensaries and Holmes Beach is the only Island city that permits CBD sales.

“We didn’t want pot dispensaries in the city and we didn’t want smoke shops. That’s what that commission was after,” Murphy said, noting none of the current commissioners were in office in 2015.

Commissioner Jon Crane asked if the Gellers could wait until after the March 14 meeting to address the code enforcement citation they received. Murphy said the city is compelled to enforce the ordinance but the mayor has some discretion as to how the enforcement is conducted.

The commission unanimously supported Murphy’s suggestion to place the matter on the agenda for its March 14 meeting.

STATE, FEDERAL LAWS

According to the Florida Depart­ment of Agriculture and Consumer Services website, the 2018 Farm Bill adopted by the federal government created a process for states and tribal governments to establish state hemp programs in which individuals could legally cultivate hemp. The 2018 Farm Bill removed hemp from the federal Controlled Substances Act.

In 2019, the Florida Legislature adopted a state hemp program in which hemp is considered an agricultural commodity and hemp-derived cannabi­noids are not controlled substances or adulterants. State laws defines hemp as any part of the cannabis plant that does not contain more than 0.3% of THC.

Related coverage: Craft fair prompts CBD sales discussion

Vacation rental bills in jeopardy

Vacation rental bills in jeopardy

Written by Joe Hendricks on . Posted in Anna Maria Island, Community News, Featured.

TALLAHASSEE – Two vacation rental bills working their way through the Florida Legislature are not yet identical matching bills and time is running out for them to be made identical before the 60-day legislative session ends on Friday, March 8.

For legislation to become state law, the House and Senate must approve identical matching bills to send to the governor to sign into law, approve without signing or veto.

On Feb. 1, the Florida Senate approved Senate Bill 280 by a 27-13 final vote on the Senate floor. On Feb. 22, an amended version of House Bill 1537 successfully passed though the House of Representatives Commerce Commit­tee by a 13-5 margin, with Committee Chair Bob Rommel (R-Naples) among those opposing the amended bill.

The amended House bill and the adopted Senate bill are not identical bills. With no more committee stops, the House bill could be further revised through internal negotiations before Speaker of the House Paul Renner (R-Palm Coast) decides whether the bill will be brought to the floor for a final vote. If the House adopts a bill that doesn’t identi­cally match the Senate bill, both bills would be considered dead.

Vacation rental bills in jeopardy
State Rep. Philip Griffitts presented the Commerce Committee with an amended version of House Bill 1537. -MyFloridaHouse.gov | Submitted

When presenting his bill to the Commerce Committee, State Rep. Philip Griffitts (R-Panama City Beach) mentioned three primary goals: “Standardize the licensing and registration of vacation rentals, make available the information and the tools necessary for effective and efficient enforce­ment for good neighbor codes and ensure the effective collection of taxes due on vacation rental transactions.”

The lengthy amendment he then introduced was adopted without additional discussion.

When discussing his bill in general, Griffitts said the proposed occupancy limits are based on the Florida Fire Prevention Code provision that would allow one occupant per every 150 square feet. The Senate bill proposes a two-plus-two occupancy limit that allows two guests per bedroom and two additional guests.

Speaking on behalf of the city of Jacksonville Beach, lobbyist Jack Cory said, “This bill would erode the property rights of over 5 million constituents who bought and want to live in a homesteaded residential property. They do not want to live next to mini-hotels. Gov. DeSantis probably said it best when he said for us to be micro-managing vacation rentals, I am not sure that is the thing to do.”

Lauderdale Isles Civic Improvement Association Vice President Geoff Rames said, “HB 1537 will destroy our neighbor­hoods. Vacation rentals will run rampant without the fear of consequences.”

State Rep. Dan Daley (D-Coral Springs) said, “We talk so much about property rights. How about my freedom to not live next to a party house?”

When expressing his tentative support, Rep. Patt Maney (R-Shalimar) said “It frankly is a little frustrating for local governments to beat us up over preemption when they don’t do their job and exercise their police powers to control noise, trash and garbage, traffic and parking. If they won’t do it, they shouldn’t complain when the state decides to get a 800- or 900-mile-long screw­driver to tighten the screws.”

ADDITIONAL INSIGHTS

When contacted by The Sun the following day, Griffitts confirmed the House and Senate bills were not identical and he doesn’t anticipate the House members simply adopting the Senate bill.

“There are considerable differences. I don’t believe there’s a lot of buy-in with the Senate bill. The Senate bill will not pass the House,” he said.

Griffitts said he filed HB 1537 at the request of Senate President Kathleen Passidomo, who sought his assistance because of his family’s background in hotels and hospitality and his experience as a county commissioner and tourist development council member.

Griffitts, a Panama City Beach resident, said, “I have 12,000 registered vacation rentals in my county. I am infinitely familiar with the problems.”

Griffitts said he supports local governments’ ability to continue regulating and inspecting vaca­tion rentals.

“In my opinion, vacation rentals are no different than hotels. Why should they be treated any differently? The state just wants to make sure they don’t put somebody out of business,” he said.

ANNA MARIA REACTION

The amended House bill was discussed that night at the Feb. 22 Anna Maria City Commission meeting.

“They amended the bill and actually made it worse,” Mayor Dan Murphy said.

City Attorney Becky Vose said the House bill would limit local inspections only to items specified in the Florida Fire Prevention Code such as smoke alarms, battery-powered emergency lights, points of exit and floor diagrams. She said the city inspectors also monitor compliance with city regulations that require vacation rentals to have swimming pool fences, pool door alarms, stairway railings and other safety features not addressed in the fire prevention code.

She said the House bill doesn’t define sleeping accommodations and cots and sleeping bags could be considered sleeping accom­modations. She also noted House bill would give the vacation rental owners and managers until 9 a.m. the following day to respond to a complaint.

 

Related coverage

 

Vacation rental bill lagging in House of Representatives

Horseshoe pitching has long history in Anna Maria

Horseshoe pitching has long history in Anna Maria

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – Every Wednesday and Saturday, a few dozen men gather to pitch horseshoes in a small park located on the Anna Maria City Hall property.

According to longtime horseshoe pitcher and former Anna Maria City Commis­sioner Tom Skoloda, this local sporting tradition has taken place in the same general location for at least 109 years.

On Feb. 14, Skoloda and five of his horseshoe-throwing friends dressed in suits, ties and hats and reenacted a 1915 photo­graph taken of men throwing horseshoes in front of the former community hall building that’s now the Island Players theater. The men in the 1915 photo stood in an area that’s now a public parking lot located next to city hall property and a small city park that contains five horseshoe pits.

Horseshoe pitching has long history in Anna Maria
This horseshoe pitching photo was taken in Anna Maria in 1915. – Manatee Library Historical Digital Collection

The 1915 photo was featured in a 2006 story written for The Sun by then-active horseshoe pitcher Bill Bartlett. His story noted that in the early 1900s, steamship passengers who arrived at the City Pier walked down Pine Avenue to the bathhouse pavilion at the ends of Spring and Magnolia avenues, but some of the men stopped at the tourist center/community hall instead to play horseshoes and smoke cigars.

“This is a reenactment of the photograph with guys pitching horseshoes here in 1915. They’ve been pitching horseshoes here continuously since 1915,” Skoloda said after the new photos were taken.

Horseshoe pitching has long history in Anna Maria
Former city commissioner Tom Skoloda helped organize the photo reenactment. – Joe Hendricks | Sun

Skoloda served as a city commissioner from 2000 to 2002 and he’s been pitch­ing horseshoes on the city hall property for 20 years.

“This is an activity people love and have taken care of for many years. We’re trying to make sure this continues and we’d like to protect this site. Mayor Dan Murphy, the city and the public works department have been really good about helping us,” Skoloda said.

“We have 30 to 35 players on a given day. The guys are really fun to be around and we enjoy each other’s company. It’s all about camaraderie. We get together socially too and a lot of the guys play golf together as well. We have a number of women who pitched in the past and right now we have two women who come on Saturdays. Anybody can come, even new people who’ve never pitched horseshoes before,” Skoloda said.

When asked what the trick is to being a good horseshoe pitcher, Skoloda jokingly said, “I don’t know. I’ve been coming 20 years and I don’t seem to get much better.”

Dave Means is a former Senior Olympics horseshoe champion. He’s one of the Anna Maria group’s newest members and he participated in the photo reenactment.

“I’m a snowbird from Indiana. I started doing this last year and I really enjoyed it. I’ve made friends and we go out for a hamburger and beer afterward. I love this and I hope the city keeps this. It’s a good way to meet other people,” Means said.

INFORMAL ORGANIZATION

The twice-weekly matches on Wednes­days and Saturdays take place year-round and participation increases during peak season. The matches begin at 9 a.m. and most players arrive around 8:30 to warm up. The day’s two-person teams are determined by drawing colored chips and winners are crowned for each day of play.

There’s no entry fee or registration required and newcomers are always welcome. Most players donate $1 each day they play. The donations are used to purchase equipment, arrange an annual social gathering and fund an annual championship. The remaining funds are donated to a local charity or non-profit organization. The group recently donated nearly $800 to Meals on Wheels.

The Anna Maria horseshoes group has no formal name and its leadership is informal and voluntary. For the past several years, Jay Disbrow has served as the pit boss, who helps determine the teams and coordinate the matches. He also maintains the equipment and serves as the group’s media liaison.

Disbrow began playing horseshoes with the Anna Maria group about 20 years ago and eventually became the pit boss.

Horseshoe pitching has long history in Anna Maria
Jay Disbrow serves as the horseshoe group’s pit boss. – Joe Hendricks | Sun
Horseshoe pitching has long history in Anna Maria
Pit boss Jay Disbrow, left, oversees the random selection of teammates. – Joe Hendricks | Sun

“I read about it in the paper. I started coming out and I met a lot of great guys. Ron Pepka ran it for a number of years and then Sam Samuels started doing it. Everybody plays three games. We’ve got room for 20 people to play at one time and when you have more than that you have to keep the crew moving,” Disbrow said, noting the Anna Maria group also sometimes competes against other groups, including a group from the Trailer Estates mobile home community in Bradenton.

As for what makes a good horseshoe pitcher, he said, “A good smooth follow-through.”

Horseshoe pitching has long history in Anna Maria
Sam Samuels returned to play after a three-year absence. – Joe Hendricks | Sun

Samuels started pitching horseshoes with the group in 2000 and on Feb. 14 he returned to play after a three-year absence.

“I’m 86 years old and I had a few birth­days while I was gone,” Samuels said. “Jay’s doing a fantastic job. We have good pitchers and the guys are winning tournaments.”

Horseshoe pitching has long history in Anna Maria
Minnesota resident Dan Belden is among the group’s youngest horseshoe pitchers. – Joe Hendricks | Sun

Fifty-five-year-old Minnesota resident Dan Belden may be the group’s youngest regular pitcher. During his annual Florida vacations, Belden’s been throw­ing horseshoes in Anna Maria for more than 25 years. As a National Horseshoe Pitchers Association-sanctioned pitcher, Belden also throws with a sanctioned horseshoe club at G.T. Bray Park in Bradenton while visiting. Each summer he competes in the annual World Horseshoe Championship and his best finish so far is third place.

Horseshoe pitching has long history in Anna Maria
Adin Shank is believed to be the group’s longest-tenured horseshoe pitcher. – Joe Hendricks | Sun

80-year-old Bradenton resident and former Island resident Adin Shank participated in the photo reenactment. He’s been throwing horseshoes in Anna Maria for 35 years and believes he’s the group’s longest-tenured active member.

“The camaraderie of the guys and the competition is great. I’ve always been a sports guy so I keep doing it,” he said.

Horseshoe pitching has long history in Anna Maria
89-year-old Gene Bobeldyk still enjoys pitching horseshoes. – Joe Hendricks | Sun

89-year-old Gene Bobeldyk has been throwing horseshoes in Anna Maria for 20 years and he said, “I like the atmo­sphere. It’s a bunch of friendly guys and we have a good time.”

On Feb. 14, two teams went 3 and 0 and met in the final, with Tom Farrington and Bob Mason edging out Adin Shank and Ron Gagon 23-17 to claim the day’s bragging rights.

On Feb. 12, the Anna Maria group welcomed pitchers from the Tri-Par-Estates mobile home community in Sarasota and the Tri-Par pitchers prevailed in the first meeting of the two groups. On Feb. 17, Tim Sofran and Bob Rowley defeated Farrington and Ron Hooper by a 21-13 margin in the final match.

Reimagining Pine Avenue discussions continue

Reimagining Pine Avenue discussions continue

Written by Joe Hendricks on . Posted in Anna Maria, Community News, Featured.

ANNA MARIA – The Anna Maria City Commission authorized Mayor Dan Murphy to enter into a $1.41 million state-funded grant agreement for the expanded Reimagining Pine Avenue project.

On Feb. 8, the commission unanimously supported the mayor’s request to enter into the grant agreement pertaining to the $1.41 million state appropriation the Florida Legislature and Gov. Ron DeSantis approved last year for the expansion of the Reimagining Pine Avenue project that initially only included Pine Avenue.

The $1.41 appropriation provides state funds for the Spring Avenue and Magnolia Avenue portions of the expanded safety improvement project that will include the installation of permeable paver sidewalks, elevated, lighted crosswalks and street crossing signage designed to make those travel corridors safer for pedestrians, bicyclists and others.

In mid-2022, the Legislature and governor approved a $1.28 million appropriation for the initial phase of the Pine Avenue project and in early 2023 a similar grant was executed for those state funds.

During Thursday’s meeting, Murphy said the Florida Department of Transportation (FDOT) is overseeing the city’s expenditure of state funds. He noted the Pine Avenue plans were completed more than a year ago but the plans and public input process have not been completed for the Spring and Magnolia portions of the project.

Commission Chair Mark Short noted that $352,000 in city funds are also committed to the Spring and Magnolia portions which have a preliminary estimated cost of $1.76 million.

City funds will be used to install new streetlights throughout the expanded project area.

Murphy said the city will seek additional state funds over the next couple of years to complete the project.

Commissioner Kathleen Morgan said she’d love to see a wider multi-use path included in the project plans.

ONE-BLOCK PROTOTYPE

Murphy also provided an update on the previously discussed and commission-supported one-block project prototype along both sides of Pine Avenue between Gulf Drive and North Shore Drive.

The prototype area will include the sidewalk, crosswalk and streetlighting elements proposed for the rest of Pine Avenue. The unpaved meandering paths in the prototype area will be replaced by paver sidewalks that follow the same meandering footprint.

Murphy said FDOT approved the one-block prototype concept that project engineer Gerry Traverso estimated would cost $425,000-$450,000 to complete.

Murphy previously said the one-block prototype would provide the city and its yet-to-be-selected construction firm a better idea as to what unexpected challenges and obstacles might be encountered as the project later progresses down the rest of Pine Avenue.

Murphy will soon present the commission with three prototype options to consider. The first option is to not do the prototype area, an option he doesn’t support. The second option is to inquire whether the Infrastructure Solution Services (ISS) engineering firm that provides the city’s primary city engineering service is interested in partnering with the Sarasota-based Jon F. Smith Construction firm to construct the one-block prototype. The third option is for the city to issue a request for proposals (RFP) seeking bids from construction firms interested in completing the one-block project.

“Either way, let’s move forward. We need to do something with Pine Avenue,” Murphy said.

Commissioner Gary McMullen supports using ISS and Swift to complete the prototype area. He said issuing an RFP would further delay the project. Murphy said the RFP process would take at least 60 days.

Short noted the state funds previously approved for the initial Pine Avenue portion of the project are supposed to be spent by the end of the current calendar year.

Mangrove removal under Army Corps review

Mangrove removal under Army Corps review

Written by Leslie Lake on . Posted in Anna Maria, Community News.

ANNA MARIA – Nearly two months after a contractor destroyed 67 feet of mangroves to build a seawall at 111 Gull Drive without all the required approvals, one of the permitting entities – the U.S. Army Corps of Engineers (USACE) – has still not decided about issuing a permit.

USACE spokesperson David Ruderman wrote in a Feb. 8 email to The Sun, “The Corps permit section is continuing consultation with National Marine and Fisheries Service to resolve issues related to the property owner’s permit application.”

Without specifying what the issues are, he wrote that the application decision is expected “in the near future.”

The mangroves were removed in December despite a City of Anna Maria stop work order, according to a Dec. 18 email to The Sun from Mayor Dan Murphy.

“The city received a complaint from a resident on Dec. 4, 2023, regarding the extensive removal and alteration of mangroves at 111 Gull Drive,” Murphy wrote on Dec. 18. “City staff visited the property and confirmed mangroves had been removed and fill dirt had been added in its place. The scope of work is proposed by building permit ACC22-000153 which has not been issued and thus, is not permitted to commence.”

Murphy wrote the city posted a stop work order on the property on Dec. 6 and on Dec. 13 city staff received several complaints that mangroves had been removed once again.

“City staff visited the site on Dec. 13, 2023 and observed workers actively removing mangroves,” Murphy wrote.

Murphy also wrote that the stop work order had been removed from the property and was reposted by city staff.

In a Dec. 19 email to The Sun, Murphy identified Mason Martin LLC as the contractor that had removed the mangroves.

An FDEP seawall exemption had been granted to Mason Martin LLC for mangrove removal. FDEP inspectors visited the property on Dec. 22 in response to complaints.

“A complaint inspection conducted on Dec. 22, 2023 revealed that prior authorization was received from the Department in a seawall exemption (File No.: 41-0422234-001-EE), to construct approximately 116 linear feet of seawall,” according to the FDEP inspection report. “The inspection revealed that construction had commenced and a portion of the mangroves on the property were removed within the exempt activity’s footprint. Erosion control devices were installed upon request after the inspection. In addition, the Department notified the property owner that they should continue to coordinate with USACE and to not continue construction until a USACE authorization is obtained.”

In love with luxury

Written by Louise Bolger on . Posted in Business, Castles in the Sand.

Happy Valentine’s Day! Every year this day is put aside for the lovers of the world and the greeting card companies. But this year, deep-pocket lovers have even more to be in love with, since luxury real estate has a new benchmark of an outrageous $100 million.

Granted, this number isn’t for everyone. In fact, only 5% of the overall housing market is defined as luxury, but we can all dream, can’t we? Based on how quickly Anna Maria properties have increased in value over the past three years, why shouldn’t $100 million be the new norm for a narrow percentage of the population?

According to The Wall Street Journal, since 2020, at least 24 homes nationwide have traded for $100 million and up. Florida has had a dramatic increase in nine-figure transactions in recent years. Since 2020, three homes over $100 million have changed hands in New York City compared with six in and around Palm Beach. Tampa is also benefiting from the ultrarich due to the lack of available luxury properties in the Miami area. Tampa’s sales have been boosted by 35.8% in the luxury market during the third quarter of 2023 compared with the same period last year, bringing in buyers who were disappointed with the availability of high-end homes on the east coast of Florida.

In 2023, there was a record set for a sale in Florida of $170 million. A broker selling high-end properties in Palm Beach said there are more billionaires than there are oceanfront estates to sell them. Don’t get too comfortable with the $100 million benchmark, $200 million is waiting in the wings as the number of billionaires around the world grows. There were 3,194 billionaires in 2023, up from 2,170 in 2013, according to the wealth research firm Wealth X.

The ultra-rich aren’t much different from any buyer. Not comfortable with the higher interest rates, especially for jumbo loans, they’re using cash to buy their estates. These cash buyers are propping up the overall real estate market, shifting from a downturn in late 2021. According to Redfin, the median luxury sale price during the third quarter of 2023 rose 9% year-over-year to $1.1 million, almost three times the annual jump for nonluxury homes, which rose only 3.3% during the same period. The median price is the mid-point of sale prices; half of the sales are above and half are below.

Redfin also reports that 42.5% of luxury buyers paid cash during the third quarter of 2023 compared to 34.6% during the same period the previous year. In the third quarter of 2023, only 28% of nonluxury homes sold for cash. In addition, inventory of luxury homes rose 2.9% during the third quarter of 2023 compared to a decline of 20.8% for nonluxury homes nationwide.

If there’s a lesson to be learned here, it’s that wealthy people watch their money the same as the rest of us and use cash if the numbers make sense. It also means that it’s far better to be rich and have the option of an all-cash offer on a property.

Be careful, the ultrarich will be coming for your home when the inventory of appropriate billionaire estates runs out, and Anna Maria Island is prime for their next stop. Nevertheless, the Gulf of Mexico that we all love is the same whether your home is a cottage for $1 million or a sprawling estate for $100 million. Luxury is in the eye of the beholder.

Year in Review: Tourism

Tourist tax collections reveal mixed results in AMI’s cities

Written by Jason Schaffer on . Posted in Business, Taxes, Tourism.

ANNA MARIA ISLAND – Tourism in the city of Anna Maria was up in all 12 months of 2023 over 2022, according to tourist tax collection statistics from the Manatee County Tax Collector’s Office.

The Island’s other two cities did not experience the same boon.

Bradenton Beach tourist tax collections were down in every month but August, which showed approximately a 3% increase from August 2022.

In Holmes Beach, tourist tax collections were down in every month but September, which showed no change, and October, which showed approximately an 8% increase from October 2022.

Anna Maria brought in $3,070,039 in tourist tax collections in 2023, up 20.3% from $2,552,183 in 2022.

Bradenton Beach tourist tax collections totaled $1,620,837 in 2023, down 6% from $1,724,637 in 2022.

Holmes Beach brought in the lion’s share at $7,816,520 last year, down 13.6% from $9,045,714 in 2022.

The tourist tax is one of the most accurate indicators of whether tourism has increased, decreased, or remained steady from year to year.

Each month, Manatee County’s 5% tourist tax is collected from owners of accommodations rented for six months or less who charge the tax to their renters, in most cases, tourists.

About 50% of the tax proceeds are allocated to Bradenton Area Convention and Visitors Bureau tourism marketing efforts, with 20% allocated to beach renourishment. The tax also partially funds tourism-related attractions such as the Bradenton Beach and Anna Maria piers.

2023 Manatee County tourist tax collections compared to 2022

 

JANUARY

Anna Maria up 12%

Bradenton Beach down 3%

Holmes Beach down 24%

Manatee County up 27%

FEBRUARY

Anna Maria up 36%

Bradenton Beach down 2%

Holmes Beach down 7%

Manatee County up 19%

MARCH

Anna Maria up 26%

Bradenton Beach down 6%

Holmes Beach down 5%

Manatee County up 21%

APRIL

Anna Maria up 29%

Bradenton Beach down 3%

Holmes Beach down 10%

Manatee County up 12%

MAY

Anna Maria up 18%

Bradenton Beach down 6%

Holmes Beach down 11%

Manatee County up 8%

JUNE

Anna Maria up 18%

Bradenton Beach down 4%

Holmes Beach down 11%

Manatee County up 11%

JULY

Anna Maria up 21%

Bradenton Beach down 17%

Holmes Beach down 14%

Manatee County down 2%

AUGUST

Anna Maria up 33%

Bradenton Beach up 3%

Holmes Beach down 5%

Manatee County up 11%

SEPTEMBER

Anna Maria up 16%

Bradenton Beach down 3%

Holmes Beach 0%

Manatee County down 10%

OCTOBER

Anna Maria up 10%

Bradenton Beach down 14%

Holmes Beach up 8%

Manatee County down 30%

NOVEMBER

Anna Maria up 15%

Bradenton Beach down 1%

Holmes Beach down 1%

Manatee County down 16%

DECEMBER

Anna Maria up 6%

Bradenton Beach down 15%

Holmes Beach down 14%

Manatee County down 12%

 

Source: Manatee County Tax Collector’s Office