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Beach hole concerns deepen

Beach hole concerns deepen

HOLMES BEACH – Deeply-dug beach holes, and using metal shovels to dig those holes, are becoming a major concern on Anna Maria Island’s beaches; and county officials are asking the three Island cities to adopt local ordinances to help address the problem.

Manatee County Natural Resources Department Director Charlie Hunsicker expressed his concerns about unfilled beach holes when giving a presentation to the Holmes Beach mayor and city commissioners on May 13. He plans to make similar presentations to the Anna Maria and Bradenton Beach mayors and commissioners and he hopes all three cities will adopt ordinances that mirror a county ordinance adopted within the past year or so.

Beach hole concerns deepen
Natural Resources Department Director Charlie Hunsicker addressed the Holmes Beach City Commission. – Joe Hendricks | Sun

Regarding the removal of natural resources, County Ordinance 23-121 states: “No person shall dig, damage, remove, displace or destroy any beach sand, whether submerged or not, or any soil, rock, stone, tree, shrub or plant, or down-timber or other wood or material, or excavate by tool, equipment, blasting, or other means without first obtaining a permit from the director. Exception is made for the building of sandcastles or other sand sculptures, except that the sand used for such activities must not be moved from the general vicinity of its source. The area must be returned to its original state after use.”

In regard to digging holes on a county beach, the ordinance states: No person shall possess on or about the sandy Gulf beach a metal shovel of the type customarily sold in hardware stores – not a children’s toy – unless part of a construction project permitted under the Florida Building Code or similar law. No person shall dig a hole in the sandy Gulf beach deeper than one foot below surrounding grade unless part of a construction project permitted under the Florida Building Code or similar law.”

Manatee County owns and manages Coquina Beach and Cortez Beach in Bradenton Beach and Manatee Beach in Holmes Beach. The county also maintains and manages Bayfront Park in Anna Maria, which is city-owned and includes a beachfront area along the Tampa Bay shoreline. The county does not have the authority to regulate beaches that are not county-owned or county-managed.

As part of the efforts to protect the Island beaches, those who visit them and the wildlife that inhabits them, Hunsicker encouraged the Holmes Beach mayor and commission to consider adopting a city ordinance that would allow the city’s police officers and code compliance officers to enforce hole digging regulations similar to the county’s. Hunsicker will soon ask the Anna Maria and Bradenton Beach mayors and city commissioners to do the same.

“Everyone wants to come and build a sandcastle and get buried on the sand, but what we’re seeing now, and what we’ve seen the last several years, is a movement towards this massive work,” Hunsicker said.

His presentation includes a photo of large holes dug several feet deep on county beaches – some with adults standing in them and some with teenagers standing in them.

“Why is this happening? Because they’re out here with garden tools,” Hunsicker said. “No one’s going to be opposed to a beach pail and a plastic beach shovel and building family traditions and memories about some sandcastle. However, we’ve reached the point where some of these things are just excessive.”

Hunsicker said uncovered holes in the beach sand are even harder to see at night, which can result in people getting injured and sea turtles and other wildlife becoming fatally trapped. His presentation includes a photo of a loggerhead turtle that fell into a beach hole and died on its back, unable to escape.

Hunsicker’s presentation also references an Associated Press news story about a 2024 beach hole collapse in Fort Lauderdale that resulted in the death of a young girl. That story also references three other 2023-24 sand digging incidents that resulted in the deaths of a teenager in each instance.

Beach raker’s observations:

As the county’s primary beach rake operator, longtime Cortez resident Mark Taylor drives a large John Deere tractor up and down the county beaches towing a beach rake. Based in Holmes Beach but utilized Island-wide, the beach rake collects seaweed, algae, dead marine life and wildlife, trash and other beach debris.

Beach hole concerns deepen
Beach Rake operator Mark Taylor shared his concerns with the Holmes Beach mayor and commissioners. – Joe Hendricks
Sun

Hunsicker said Taylor once encountered a deep beach hole with a two-year-old child at the bottom of it; had he not seen the hole and then passed over it with the beach rake the consequences could have been disastrous.

At Hunsicker’s request, Taylor addressed the mayor and commission.

“Your police department has had to rope off holes that are bigger than my tractor and rig combined. These holes are dangerous. It’s a real problem,” Taylor said.

Beach hole concerns deepen
Beach rake operator Mark Taylor often encounters deep holes in the sand while navigating the Island beaches. – Manatee County | Submitted

Taylor said he has to avoid the holes when raking the beaches and he also expressed concerns about lifeguards and other first responders hitting an unseen hole while driving on the beach at an accelerated speed.

He said he gets out of his tractor a half-dozen times a day to kindly remind beachgoers to fill their holes before leaving. He also reminds them it’s currently sea turtle nesting season.

Beach hole concerns deepen
This county tractor and beach rake are stored near the Holmes Beach Skate Park. – Joe Hendricks | Sun

Taylor said the county beaches are his top priority but he often operates the tractor and beach rake Island-wide, including while traveling from one county beach to another. During turtle nesting season, Taylor works closely with Anna Maria Island Turtle Watch & Shorebird Monitoring Executive Director Kristen Mazzarella to ensure the Gulf shoreline is clear of debris and that the sand is properly sloped for the sea turtles to travel upon.

Taylor supports all three Island cities adopting beach regulations similar to the county regulations.

Commission comments:

Mayor Judy Titsworth said the city recently updated the public beach access signs placed at city street ends.

Regarding sea turtle awareness, the signs say:

  • “Lights out of for sea turtles May 1-Oct. 31;
  • “Do not approach turtles or nests;
  • “Remove beach furniture at dusk;
  • “Leave nests and signs undisturbed;
  • “Fill all holes dug in the sand.”
Beach hole concerns deepen
Signs placed at the public beach access points include sea turtle nesting season instructions. – Joe Hendricks | Sun

Police Chief Bill Tokajer supports the adoption of a city ordinance that would provide his officers and the city’s code compliance officers with the authority they need to direct beachgoers to fill their excessive holes immediately and return their metal shovels to their vehicles.

“Deeper than your knee is too far,” Tokajer said about enforcing an ordinance that would limit the depth of the holes dug in the beach sand.

City Attorney Erica Augello said she has no legal concerns about the city adopting an ordinance that mirrors the county’s language and she noted the commission could revise the county language if so desired.

The commission reached unanimous consensus in directing Augello to draft an ordinance and present it for first reading at a future commission meeting. Any changes desired by the mayor, commission or city staff can then be incorporated before the ordinance is brought back for second reading and final adoption.

Anna Maria debris removal nearly complete, deadline set

Anna Maria debris removal nearly complete

ANNA MARIA – The city is suspending its hurricane debris removal efforts at midnight on Thursday, Oct. 24.

The debris removal deadline was discussed and approved during the Anna Maria City Commission’s emergency meeting on Oct. 17. After extending two local state of emergency declarations, Mayor Dan Murphy recommended ending the city’s debris removal efforts after one more week, in part because he’s now seeing non-hurricane-related household and landscaping debris being placed out for free removal.

“It’s got to end. Otherwise, we’ll be here forever. We’ll keep picking up debris, but this is the deadline,” he said.

On Friday, the following message was posted on the city of Anna Maria’s Facebook page: “Effective midnight Thursday, Oct. 24, the city will no longer provide removal of hurricane-related debris. In the meantime, all hurricane-related debris must be placed in the city right of way in separate piles; one for household debris and another for landscaping debris. Businesses from other island cities have been coming to Anna Maria and dumping debris. Any individual caught doing this illegal dumping will be prosecuted to the full extent of the law. Subsequent to Oct. 24, at their own expense, residents and businesses may utilize dumpsters for large debris collection or they may contact a licensed hauling or other agency for assistance.”

At the suggestion of Commissioner Mark Short, the mayor and commission will review the debris removal efforts and impending deadline during the commission’s regular meeting at 1 p.m. on Thursday, Oct. 24. If needed, the commission can consider extending the collection  deadline and/or addressing hardship cases on an individual basis.

Anna Maria debris removal nearly complete, deadline set
Some Hurricane Helene debris became flooding during Hurricane Milton.- Joe Hendricks | Sun

During Thursday’s meeting, Murphy recapped the city’s debris removal efforts and costs incurred. He also addressed Facebook comments made by Holmes Beach Commissioner Pat Morton alleging the city of Anna Maria would not receive FEMA reimbursements for its expedited debris removal efforts.

Debris removal

“Debris removal is paramount to the purpose of government, which is safeguarding the safety, health and welfare of our residents. It’s not safe having mounds of debris sitting around the city. So, we took action,” Murphy said.

Anna Maria’s debris removal strategy includes using the Bayfront Park parking lot along North Bay Boulevard as a centralized debris collection and processing area. The debris initially deposited there is later transported to the county landfill.

Anna Maria debris removal nearly complete, deadline set
Bayfront Park is being used as a makeshift debris collection and processing area. – Joe Hendricks | Sun

“We put an average of 68 trucks on the road hauling debris out of the city of Anna Maria. We took over 400 loads to the landfill. We took a total of 1,432 tons of debris, and that’s mostly household debris. There’s still landscaping debris. We’ve started to make a dent on that. Now there’s more household debris coming in, but we’ve made significant progress,” Murphy said on Thursday.

“We get a load ticket when they leave here, we get a load ticket when they go to the dump and we track all that. It’s all very closely monitored so we don’t get short-changed,” he added.

Anna Maria debris removal nearly complete, deadline set
The debris deposited at Bayfront Park is later transported to the county landfill. – Joe Hendricks | Sun

Murphy said the city already spent approximately $750,000 on debris removal and he anticipates the final cost to be around $1.5 million. City Clerk LeAnne Addy said the city usually receives 50% reimbursement within three days of requesting it and Murphy said the remaining reimbursement comes later.

Anna Maria debris removal nearly complete, deadline set
Some hurricane debris remained along Anna Maria streets on Oct. 15. – Joe Hendricks | Sun

“I don’t think we deserve any gold stars. We still have a long way to go and we’ve only done what’s expected of us. We’re going to get reimbursed for it. We’ve done everything by the numbers,” Murphy said of the city’s efforts.

Regarding the city’s financial position, Murphy said the city currently has $1.5 million in its checking account and an additional $3.5 million in reserves.

Morton’s comments

On or around Oct. 15, Nikki Gibson posted the following message on the Island Ratz Unite Facebook page regarding the city of Holmes Beach’s debris removal efforts: “For heaven’s sake,  how much more do we have to put up with on Holmes Beach? The emotional stress of having this constant reminder of what we have all had to endure is taking its toll. Where are the people upon whom we are supposed to rely?”

In response, Morton posted this comment: “The city of Anna Maria is not following the rules to get reimburse (sic). The city of Homes Beach is. That (sic) why it’s taking longer to get it picked up. Not unless you as a taxpayers (sic) wants to pay for it.”

Morton also posted this comment: “There is a process that you have to go through to get reimburse (sic). The city of Anna Maria is not doing that, so the people of Anna Maria will have to pay for it.”

Regarding those comments, Murphy said, “There’s people circulating malicious rumors about reimbursement. We have followed every guideline and every rule and I am sick and tired of hearing it. This is not a new allegation. After Hurricane Irma, I was told the same thing. We had our debris removed and we got reimbursed. We used the same methodology and the same players for Hurrian Irma, Hurricane Ian, Hurricane Idahlia, Hurricane Debby, Helene and now Milton. We know what we’re doing.”

During public comment, former city commissioner and current mayoral candidate Brian Seymour said he’s driven by the Bayfront Park processing area several times and witnessed those workers following FEMA’s debris separation guidelines.

Regarding Morton’s comments, Seymour said, “Worry about your own city. Worry about your problems down there.”

Commissioner Mark Short, also a mayoral candidate, said Morton’s comments were an act of “deflection.”

Water Quality Concerns

Water quality concerns persist

ANNA MARIA ISLAND – Water quality concerns persist as the city of Bradenton continues to discharge partially-treated sewage into the Manatee River.

During and immediately after Tropical Storm Debby in early August, the city discharged an estimated 25 million gallons of untreated and partially-treated sewage and wastewater into the Manatee River. According to reports posted at the city’s website, the sewage discharge remained ongoing as of Sept. 6, with more than 1,000 gallons per day being discharged into the river.

During and after the storm, which became a hurricane after it passed the Island, the city of Sarasota discharged an estimated 18 million gallons of sewage and wastewater into Sarasota Bay.

On Sept. 6, the Florida Department of Health (FDOH) issued water quality advisories for Bayfront Park in Anna Maria and south Palma Sola Bay in west Bradenton. According to the advisory, tests on Sept. 3 and Sept. 5 indicated the water quality did not meet recreational water quality criteria for enterococcus (fecal) bacteria recommended by FDOH, which “advises against any water-related activi­ties at these locations due to an increased risk of illness in swimmers.”

After Debby, Mote Marine Laboratory scientists recorded a significant spike in Sarasota Bay concentrations of nitrate and ammonia, which can serve as an increased source of nutrients for aquatic bacteria and algae such as red tide.

Red tide was observed at background concentrations in one sample from Manatee County, at the Rod and Reel Pier in Anna Maria, the Florida Fish and Wildlife Conservation Commission reported on Sept. 6.

Related coverage:
Sewage discharge continues

43 million gallons of sewage discharged during Debby

Commission ends commercial activity discussions

Commission ends commercial activity discussions

ANNA MARIA – The city won’t enact any additional prohibitions or regulations pertaining to commercial activity in city rights of way and other public spaces.

The Anna Maria City Commission reached this unanimous decision on June 8 after further discussing concerns that Commission Chair Mark Short raised during the commission’s May 25 meeting.

On May 25, Short said he didn’t want Anna Maria’s rights of ways and public spaces being overrun with commercial activity similar to what’s occurring along Manatee Avenue at the Palma Sola Causeway in west Bradenton, where multiple commercial entities offer horseback rides, personal watercraft rentals, kayak and paddleboard rentals and more.

Commission ends commercial activity discussions
Several businesses conduct commercial activity along the Manatee Avenue causeways in Bradenton. – Charlie Trygg | Submitted

After the May 25 meeting, Mayor Dan Murphy asked City Attorney Becky Vose and City Planner Ashely Austin to review how the city currently addresses commercial activity in rights of ways and public spaces and what more could be done if the commission identified specific problems to address.

During the June 8 meeting, Murphy reminded the commission that additional enforcement efforts might require additional personnel and/or equipment.

Austin said the city’s code of ordinances already prohibits commercial activity in city-owned rights of way, but things get trickier when regulating commercial activity on the beaches. She noted the city already prohibits motorized vessels, including personal watercraft, within 300 feet of Anna Maria’s public beach areas. She said the city also prohibits using a cart or vehicle on a public beach to offer goods and services.

Commission ends commercial activity discussions
The city of Anna Maria owns the shoreline near the City Pier and along Bayfront Park. – Joe Hendricks | Sun

Vose told the commission there’s state legislation in the form of Senate Bill 170 awaiting Gov. Ron DeSantis’ signature. If adopted as state law, the state legislation would require local governments to prepare business impact estimates before adopting new regulatory ordinances. The state legislation would also allow courts to award the recovery of attorney fees for those who challenge a new local ordinance. If enacted, the new state law would take effect Oct. 1. Vose advised the commissioners to act before then if they want to adopt any new regulatory ordinances.

Providing a potential solution to the commission’s commercial activity concerns, Vose said the city of Cocoa Beach previously created small, designated areas where commercial activity is allowed on those public beaches.

Short asked if all of Anna Maria’s beaches are public. Murphy said the majority of the beaches in Anna Maria are privately owned, and those who own beachfront property that hasn’t been renourished by the county have property rights that in some cases extend into the water.

Commission ends commercial activity discussions
The city of Anna Maria owns several beach access points, including this one near Bean Point. – Joe Hendricks | Sun

“It’s not wet sand, dry sand,” Murphy said regarding the private ownership of non-renourished beaches.

Austin said private ownership creates a gap in the city’s ability to regulate beach activities.

Murphy said the city owns the beach area near the City Pier, the beach area at Bayfront Park and several beach access points and can regulate commercial activity in those areas.

Murphy reminded the commission that Anna Maria residents are among the beachgoers who use beach cabana and beach equipment delivery and set up services and food delivery services, and that those service providers are local business owners.

The discussion ended with the commission reaching a unanimous consensus not to take any additional regulatory action.

 

Related coverage

 

Commission discusses commercial activity in public spaces

Commission rejects proposed food truck zone location

Commission rejects proposed food truck zone location

ANNA MARIA – City officials have decided not to create a designated food truck zone at the northwest end of Bayfront Park, nor will there be a designated food truck area at City Pier Park.

So far, an alternative location has not been proposed.

The Anna Maria City Commission voted 5-0 on Oct. 13 to deny on second reading the adoption of a city ordinance that would have created a designated food truck zone at Bayfront Park.

The city’s efforts to create a designated food truck zone are in response to a state law enacted by the Florida Legislature and Gov. Ron DeSantis in 2020. The state law preempts the regulation of food trucks and other mobile food dispensing vehicles to the state and prohibits local governments from enacting or maintaining outright bans on food trucks or requiring non-state-issued licenses, registrations, permits and fees for food truck operations.

In the past, the city of Anna Maria required food truck operators to acquire a special permit from the city, which is no longer allowed by the state.

When the creation of a designated food truck zone was first discussed on July 28, Mayor Dan Murphy said, “We’ve got to do something. The whole city is fair game until we do something.”

On Aug. 11, City Attorney Becky Vose presented the commission with the first reading of a city ordinance that proposed locating the designated food truck area at the far end of Bayfront Park, near the Hibiscus Street and North Shore Drive intersection.

Commission rejects proposed food truck zone location
The proposed food truck zone location at Bayfront Park was depicted in this map presented during the Aug. 11 meeting. – City of Anna Maria | Submitted

During that meeting, several residents and residential property owners expressed opposition to the proposed Bayfront Park location be- cause of its proximity to several residential properties. Some suggested the food truck zone be located at City Pier Park instead, which is home to the city’s seasonal farmers market, but the City Pier Park location never garnered any serious consideration from the mayor and commission.

The Oct. 13 food truck discussion began with Murphy noting that he and the commissioners had received numerous emails expressing opposition to the proposed Bayfront Park location.

“My recommendation is to deny adoption of this ordinance and then staff can reconsider this issue and we can take a look at other options as necessary at some point in the future without a definitive date,” he told the commission.

Murphy did not mention any alternative location for the city’s designated food truck zone. During previous discussions, Vose noted some Florida cities restrict food truck operations to specific zoning designations. Anna Maria’s commercial district (C-1) and retail/office/residential (ROR) both allow for restaurant operations.

In response to Murphy’s recommendation, Commissioner Deanie Sebring made a motion to deny the adoption of the proposed food truck ordinance.

Commission rejects proposed food truck zone location
Residential property owner Greg Raupp expressed his appreciation for the mayor and commission’s reconsideration of a previously discussed food truck ordinance. – Joe Hendricks | Sun

Having previously expressed their concerns in emails sent to the mayor and commissioners, potentially impacted property owners Greg Raupp and Robin Massey thanked the commission for responding to their concerns.

After thanking the commission for reconsidering the proposed ordinance, Raupp suggested doing an impact study if and when a new food truck ordinance is considered.

Commission rejects proposed food truck zone location
Robin Massey thanked the commission for rejecting the proposed ordinance. – Joe Hendricks | Sun

“I know that you guys really have a hard job. I cannot express how much I appreciate you listening. Thank you,” Massey told the commission.

In response to those comments, Commissioner Jon Crane said, “We very much appreciate hearing from the citizenry in emails and letters and coming to these meetings. It helps us perform our jobs. So, thank you.”

Sebring said she appreciated how many people voiced their opinions about the proposed food truck zone.

“I completely understand. This is the way it’s supposed to work. People actually came and voiced their opinion rather than sat home and got angry that it went through,” she said.

Commission Chair Carol Carter agreed, saying, “This was something the state said we had to make available for this type of business. We were as much taken back, initially, as all of you. We tried to work through it and we definitely need to rethink this.”

Reel Time: Celebrate the bay

Reel Time: Celebrate the bay

The communities that line Sarasota Bay are fortunate to have an active National Estuary Program centered right here in Manatee and Sarasota counties.

First named in the newly-minted Water Quality Act of 1987, the Sarasota Bay National Estuary Program (SBEP) officially began in June 1989 as one of 28 estuaries in the United States that were named by the U.S. Congress as “estuaries of national significance.”

The SBEP is celebrating National Estuaries Week 2022 from Sept. 17-24. During the month of September, the public is welcome and encouraged to attend various events and opportunities to experience and learn more about the area’s critical local bays and waterways!

National Estuaries Week is celebrated every year to showcase the value of bays and estuaries in providing for local communities. An estuary is defined as an area where freshwater and saltwater meet. On the Gulf coast of Florida, estuaries provide habitat for over 70% of key recreational and commercial fish species including snook, redfish, snapper, grouper and mullet. Estuaries also support a host of birds, dolphins and manatees. They are the main driver of the local economy, elevating property values and underpinning local economies. Habitats like mangroves and seagrasses help reduce erosion and storm damage, and add to the overall quality of life here in Florida.

Here are a few of the activities the public can enjoy as they experience and learn about the Sarasota Bay Estuary.

Join SBEP and Oscar Scherer State Park on Wednesday, Sept. 14 from 5:30-7:30 p.m. Enjoy a free guided hike to Big Lake and learn about the efforts that go into protecting, restoring, creating and maintaining habitat for water quality and wildlife.

Check out Vertical Oyster Gardens (VOGs) on Tuesday, Sept. 20 from 10:30 a.m. to 12:30 p.m. at Bayfront Park in Sarasota. VOGs are oyster shells strung with lengths of rope that hang below docks. VOGs help add more habitat to our bays for sessile organisms – oysters, sea squirts and other marine organisms that grow attached to surfaces.

These VOGs have become more important as most shorelines in the greater Sarasota Bay area are “armored,” meaning that they have been engineered with seawalls, bulkheads, and riprap. This armoring reduces the habitat that is available for marine life. While oysters might settle on older concrete seawalls and wooden pilings, vinyl and other newer construction materials and coatings can prevent oysters and other sessile organisms from settling. These materials might extend the life of the seawall, but they severely reduce the amount of habitat available to oysters.

You have the opportunity at this event to learn about and build your own VOGs. Efforts by citizens help create habitat and contribute to our understanding of oyster distribution in Sarasota and Tampa bays.

These are just a few of the opportunities. For a full list and to sign up, visit the Sarasota Bay National Estuaries Week page.

Proposed food truck regulations stalled

Proposed food truck regulations stalled

ANNA MARIA – City officials are pumping the brakes on their efforts to create a designated food truck area at the northwest end of Bayfront Park.

With potentially impacted residents and property owners expressing opposition and city commissioners voicing concerns, further commission discussion and decision-making has been delayed until Oct. 13 at the earliest.

The designated food truck area is the city’s response to a state law enacted by the Florida Legislature and Gov. Ron DeSantis in 2020 that gives the state the sole authority to make regulations regarding food trucks and other mobile food dispensing vehicles.

The state law prohibits local governments from enacting or maintaining outright bans on mobile food dispensing vehicles and prohibits local governments from requiring non-state-issued licenses, registrations, permits and fees for food truck operations.

In the past, the city required food truck operators to acquire a special permit from the city, which is no longer allowed by the state.

When first discussing the need for a designated food truck area on July 28, Mayor Dan Murphy said, “We’ve got to do something. The whole city is fair game until we do something.”

The city commission was presented with the first reading of a city ordinance on Aug. 11 that proposed locating the designated food truck area at the far end of Bayfront Park, near the Hibiscus Street and North Shore Drive intersection.

When presenting the ordinance on second reading and anticipated final adoption on Aug. 25, City Attorney Becky Vose also presented an accompanying city resolution that wasn’t discussed on Aug. 11. The location of the designated food truck area will be established by city ordinance and the rules and regulations for food truck operators will be established by a city resolution that can be more easily revised as needed.

The resolution proposes a limit of four food trucks operating on a first-come, first-served basis from 10 a.m. to 6 p.m. on Friday, Saturday and Sunday – including any holidays that fall on those days. The resolution also contained language that stated the food truck operators must comply with all city ordinances, including the noise ordinance.

 Public input

Daniel Massey owns the home on North Shore Drive located closest to the proposed food truck area. He asked the commission to include a decibel-specific noise limit on the food truck operations and require the food truck generators to face the park and not his home, which serves as a part-time residence and a part-time vacation rental. He also expressed concerns about rodents being attracted to the food truck area.

Massey said he owns restaurants in Texas and he suggested allowing food truck operations on Monday, Tuesday and Wednesday, when food truck operators may be less inclined to set up shop in Anna Maria.

Representing some potentially-impacted property owners, attorney Christopher Berg said, “The proposed location would allow businesses to operate next to residential properties. The proposed food truck area would be in conflict with the character of the community.”

Greg Raupp owns the home across the street from Massey’s. He said he and others were shocked when they learned of the proposed Bayfront Park location that he opposes for several reasons, including noise, smell, rodents, traffic safety and congestion. Raupp asked the commission to delay its vote so the proposed location and regulations can be further evaluated.

Kerry Kotouc owns a home on North Bay Boulevard and has been visiting Anna Maria since she was a child. She referenced a Joni Mitchell song and equated the proposed Bayfront Park location to paving paradise and putting up a parking lot.

“I cannot comprehend a more inappropriate location to put food trucks,” she said.

She suggested City Pier Park as a better location and noted that the park is already used for the city-sponsored farmers market.

Proposed food truck regulations stalled
City Pier Park has been suggested as an alternative location for the designated food truck area. – Joe Hendricks | Sun

Kotouc mentioned the long wait times experienced at local restaurants on weekends and expressed her belief that food trucks would provide additional dining options without hurting those restaurants.

North Bay Boulevard resident John Cella said he and many others are not thrilled about the proposed Bayfront Park location and he expressed support for the City Pier Park location instead.

City Pier Grill operator Brian Seymour said he’s not opposed to a designated food truck zone, but the regulations contained in the resolution need more work. Seymour said food truck operators rely on generators because there’s usually no electricity provided. He suggested installing electrical outlets to alleviate the need for generators.

Murphy said he liked that idea. Carter asked if the city could charge vendors for the electricity used. Murphy said the cost to recoup those costs might exceed the cost of providing the electricity for free.

 Regulatory concerns

Vose has repeatedly said the city’s food truck regulations have to be considered reasonable by the state. She has also said she’s not aware of existing case law that can guide the city in these efforts.

During last week’s meeting, Commissioner Jon Crane said the proposed Bayfront Park location is “the least obnoxious alternative.”

Commissioner Robert Kingan was pleased when Vose said she believes the city can limit food truck operations to three days a week. Commissioner Mark Short questioned the Friday allowance and suggested food trucks only be allowed on Saturdays and Sundays.

Regarding generator noise, Commissioner Carol Carter asked if the city resolution could be used to specify which types of generators food truck operators use. Vose suggested addressing generator noise through the city’s noise ordinance, which Murphy said needs to be revised.

When Short asked if the city could lease the designated spaces to food truck operators, Vose said the state might consider that to be imposing a fee.

Short questioned whether food truck operators would drive out to Anna Maria on a first-come, first-served basis that doesn’t guarantee them a spot and he asked if the city could use a reservation system. Vose said that might be considered registration, which the state prohibits.
“The more innovative we are, the more likely we are to be sued,” Vose said.

Anna Maria creating designated food truck zone

Anna Maria creating designated food truck zone

ANNA MARIA – City officials have designated a food truck parking zone at the northwest end of Bayfront Park.

A concrete or stone-covered food truck parking area will be created near the
city sandbagging area that is accessed from Hibiscus Street. If needed, the sandbagging area will be relocated in that same vicinity.

Anna Maria creating designated food truck zone
The designated food truck area will be located at northwest end of Bayfront Park. – City of Anna Maria | Submitted

The city commission tentatively approved this location when discussing on first reading a new city ordinance, Ordinance 22-902, that specifies where food trucks can operate within the city. The city ordinance was drafted in response to state legislation adopted in 2020 that prohibits municipalities from banning food truck operations citywide.

The new ordinance is scheduled for final adoption on Thursday, Aug. 25.

The need for a food truck ordinance was first discussed during the commission’s July 28 meeting. At that time, Mayor Dan Murphy said the lack of a food truck ordinance could potentially result in food trucks operating anywhere in the city and close to local restaurants.

During the July 28 meeting, City Attorney Becky Vose said the food truck restrictions need to be reasonable in the eyes of the state and cannot consist of a single food truck parking space.

During an Aug. 11 meeting, Murphy presented a plan for a 20-foot-wide, 90-foot-long area that can accommodate at least four food trucks at a time, depending on how they park. According to Murphy’s presentation, the average food truck is 16 feet long and 7 feet wide.

Murphy noted the proposed location, although somewhat off the beaten path, is in a city-owned, county-maintained park where people often gather to eat. He said the food truck area could also be easily accessed by nearby landscapers and construction workers during their lunch breaks.

Anna Maria creating designated food truck zone
This map shows where the city’s designated food truck area will be located. – City of Anna Maria | Submitted

Murphy said he considered alternative locations in the parking spaces by the Bayfront Park restrooms or in the parking spaces at the other end of the park by the humpback bridge. He also considered a location near The Center of Anna Maria Island, but none of those locations seemed as ideal as the location he proposed.

Murphy said any food trucks that attempt to operate outside the designated food truck zone would be subject to enforcement by the city’s code enforcement department and the Manatee County Sheriff’s Office. Commissioner Jon Crane noted the proposed food truck zone is near his home, but he said he was “willing to take one for the team.”

During public input, local chef Ezio Piccione asked about the allowed hours of operation.

Murphy said food trucks would be allowed to operate in that designated location from dawn to dusk.

Piccione also asked if the city took into consideration the generator noise produced by food trucks. Murphy said generator noise is already addressed in the city’s noise ordinance; and if generator-related noise complaints are made, sheriff’s deputies can use their discretion to determine if a noise violation is occurring.

Murphy said it’s better to address noise, trash and other concerns through the city’s existing code of ordinances rather than specifically target food trucks with new city legislation, which the state might frown upon.

Dr. John Cella lives across the street from Bayfront Park. He said given the circumstances, the proposed location provides a reasonable solution. Cella also said he was glad to see the commission and mayor being proactive rather than reactive in addressing potential food truck concerns.

At the suggestion of Commission Chair Carol Carter, Murphy said the proposed ordinance would be revised to specifically address hours of operation and the maximum number of food trucks allowed.

The food truck ordinance will be reviewed by the city’s planning and zoning board on Wednesday, Aug. 17.

Anna Maria, Manatee County declare state of emergency for Elsa

UPDATED JULY 4, 2021 at 2:32 p.m. – ANNA MARIA – Due to the approach of what was then Hurricane Elsa, the Anna Maria City Commission declared a preemptive local state of emergency Friday afternoon.

As of 5 a.m. Saturday morning, the National Hurricane Center had predicted hurricane-force winds could arrive in the Tampa Bay area at some point Monday, however, the storm has since been downgraded to a tropical storm.

Manatee County declared a state of emergency Sunday afternoon.

“It’s important for the public to monitor the storm and prepare for a possible tropical storm impacting our area,” said Public Safety Director Jacob Saur. “This will largely be a rain event but as the ground is already saturated, trees can easily topple from the winds produced by tropical storms in our area.”

Although county offices are closed in observance of Independence Day, Manatee County’s 311 call center will be open Monday from 9 a.m. until 5 p.m. to field calls from the public about sandbag locations or storm preparedness questions.

Anna Maria’s declaration of emergency was enacted with emergency resolution R 21-771, a resolution that provides Mayor Dan Murphy with additional storm-related powers for the next seven days. In effect now, the resolution allows the mayor to enact curfews, suspend alcohol sales, close roads, close certain areas of the city and spend up to $10,000 without additional city commission authorization while responding to the storm and any storm-related public safety and/or cleanup efforts.

During Friday afternoon’s emergency commission meeting, Murphy told the attending commission members that he would first consult with each commissioner by phone before making any final decisions regarding the city’s storm preparations and response efforts.

During the meeting, Murphy noted the city experienced power outages and downed power lines during Hurricane Irma in 2017, which resulted in the entrance to the city being temporarily manned and controlled by Manatee County Sheriff’s Office deputies. Murphy said those efforts were complicated when the cities of Bradenton Beach and Holmes Beach allowed residents and visitors back on the Island before the city of Anna Maria was prepared to do so.

Murphy said he will be meeting with the Public Works and Code Enforcement departments on Sunday to further evaluate the approaching storm. Murphy and Public Works Manager Dean Jones said Public Works personnel will be on duty Monday despite Monday being a federal holiday and a day off for city employees. Jones said the city is aptly prepared for a storm of this scale and has the chainsaws, tools, fuel and other equipment needed to clear the roads of fallen trees and storm debris if need be.

Sgt. Brett Getman said the Anna Maria Unit of the Sheriff’s Office will also be monitoring the approaching storm.

“We’ll be prepared,” Getman said.

Murphy said the city already has a debris removal company, Jet Hauling, under contract and ready to roll if needed. The city has a new generator on order for city hall but it has not yet arrived.

Murphy said any evacuation orders would be issued by the county. Murphy said he’s in contact with county officials but the city is leading its own storm preparation and response efforts.

“This is our city. We need to make it safe. We need to make decisions for our city. That is the purpose of this resolution,” Murphy said.

Free sandbags are available at the northwest end of Bayfront Park, near the North Bay Boulevard/North Shore Drive intersection. Those seeking sandbags need to bring their own shovels and it’s a good idea to bring another person to hold the sandbags while they are being filled.

Anna Maria declares local state of emergency for Hurricane Elsa
Free sandbags are available at Bayfront Park in Anna Maria. – Joe Hendricks | Sun

Murphy said Friday’s emergency declaration has no impact on the AMI Privateer’s parade taking place this morning. The parade will begin in Bradenton Beach, pass through Holmes Beach and end at City Pier Park in Anna Maria.

For updates and additional information visit www.cityofannamaria.com.

Turtle released in bay

ANNA MARIA – A small crowd clapped and cheered as Mote Marine’s Sea Turtle Rehabilitation Hospital staff released a loggerhead sea turtle, nicknamed “O-H,” into Tampa Bay from Bayfront Park on Wednesday, March 24.

Rehabilitated loggerhead sea turtle O-H makes the transition last week from a Mote Marine van to the beach at Bayfront Park and on into Tampa Bay. - Cindy Lane | Sun

Rehabilitated loggerhead sea turtle O-H makes the transition last week from a Mote Marine van to the beach at Bayfront Park and on into Tampa Bay. - Cindy Lane | Sun

- Cindy Lane | Sun

- Cindy Lane | Sun

- Cindy Lane | Sun

- Cindy Lane | Sun

Rehabilitated loggerhead sea turtle O-H makes the transition last week from a Mote Marine van to the beach at Bayfront Park and on into Tampa Bay. - Cindy Lane | Sun

Rehabilitated loggerhead sea turtle O-H makes the transition last week from a Mote Marine van to the beach at Bayfront Park and on into Tampa Bay. - Cindy Lane | Sun

- Cindy Lane | Sun

- Cindy Lane | Sun

- Cindy Lane | Sun

- Cindy Lane | Sun

- Cindy Lane | Sun

- Cindy Lane | Sun

The release was in view of the Anna Maria City Pier, where Mote Marine plans to establish a marine educational outreach center. Officials from Mote and the city are negotiating terms.

The turtle was floating in a residential canal in Bradenton on Dec. 12, 2020 when a family spotted it and called Mote’s Stranding Investigations Program. After transport to the turtle hospital, O-H was diagnosed with buoyancy issues and a missing right rear flipper.

Over the course of treatment, O-H overcame the buoyancy issues, eventually moving to one of Mote’s large medical pools, where it was treated with antibiotics, antifungals and folic acid.

Loggerheads are a common sight around Anna Maria Island, where sea turtle nesting season begins on May 1 and lasts through Halloween.

If you see a distressed or deceased sea turtle, manatee, dolphin or whale in Sarasota or Manatee counties, report it to Mote’s Stranding Investigations Program 24 hours a day at 888-345-2335. In other Florida counties, call the Florida Fish and Wildlife Conservation Commission’s (FWC) Wildlife Alert Hotline at 888-404-3922.

When calling, be ready to provide a thorough description of the animal, its behaviors and the location, and take photos and video if possible.

Mote advises against attempting to rescue any animal in distress.

Water quality report

Click image for the latest water quality updates on Manatee Beach (in Holmes Beach), Coquina Beach (in Bradenton Beach), Cortez Beach (in Bradenton Beach), Bayfront Park (in Anna Maria) and the Palma Sola Causeway (in Bradenton).
Dogs on beaches concern city officials

Dogs on beaches concern city officials

ANNA MARIA – Dogs on the beach are a growing concern in Anna Maria.

City officials believe the steady stream of tourists, the lack of verification requirements for service dogs and dog-friendly sheriff’s deputies are contributing factors.

Mayor Dan Murphy initiated discussion on these topics during the Thursday, Jan. 28 city commission meeting. He told the commission he started getting more complaints about dogs on beaches in October and asked the Anna Maria Unit of the Manatee County Sheriff’s Office to increase its enforcement efforts.

“We get complaints, and the complaints are escalating,” Murphy said, noting they’re not all coming from the same people.

As a result of Thursday’s discussion, the city commission informally asked Murphy to put together a proposal detailing the potential cost of using code enforcement officers employed directly by the city to enforce the city’s dog-related regulations.

City ordinances

According to Sec. 38-28 of the city ordinances, “It shall be unlawful for the owner or keeper of any domestic animal to allow such animal on any beaches, coastal barrier sand dunes or parks located within the city limits.”

According to Murphy, this includes the beach at Bayfront Park and the public beach areas near the City Pier.

The ordinance does not prohibit keeping a domestic animal on private beach property, as long as it isn’t allowed to stray onto public beaches, coastal barrier sand dunes or parks.

According to Sec. 14-61, “The owner or custodian of a dog or cat must have direct control of such animal at all times.”

According to Sec. 14-62, “Any feces deposited by a dog or cat on public property, public walks, recreation areas or the private property of others must be immediately removed by the person who has custody or control of the animal, unless otherwise authorized by the property owner.”

Service dogs and photographs

When addressing the commission, Murphy said, “Part of the problem with this is if it’s a service dog there’s nothing that can be done about a dog on the beach. Under the law, the only thing that’s required is for the person to say it’s a service dog. It doesn’t have to have a license. You don’t have to have a little jacket on it. You don’t have to have anything. The word has gotten out, so everything’s a service dog.”

He then deferred to Commissioner Deanie Sebring, whose diabetic alert dog, Humphrey, she carries in a pouch worn around her chest and torso.

Dogs on beaches concern city officials
Commissioner Deanie Sebring has a diabetic alert dog with her at all times. – Joe Hendricks | Sun

Sebring said the Americans with Disabilities Act (ADA) does not require the dog owner to carry a card or the dog to wear a vest that designates it as a service dog.

“They don’t want a disabled person to be singled out by your dog actually having a vest or a card,” Sebring said, noting that she carries such a card.

“The only way a service dog can be asked to leave is if it’s behaving in a manner that’s not acceptable. If the dog is behaving, there really is nothing that anyone can do about it. As far as comfort dogs, I believe that’s a whole different situation. But there again, it’s someone’s word the police officer has to take,” Sebring said.

Murphy said a new and additional complaint has also recently surfaced: He’s now getting complaints about sheriff’s deputies posing for photos with dogs on the beach, and he’s been asked what signal that sends to others.

“They must come to a conclusion that it’s OK to have a dog on the beach because they’re taking a picture with the deputy,” Murphy said.

Murphy said he discussed this with Anna Maria Unit leader Sgt. Brett Getman.

“He feels very strongly that the people are doing nothing wrong because it’s a service dog. And if they ask for a picture on the beach with a dog that’s just good public relations. My perspective is different than that. Perception becomes reality. If the perception is that we’re allowing dogs on the beach because we have a deputy having their picture taken with a dog, then to me that exacerbates it. I can pursue this further with the sheriff and see if we can have a change of heart in that regard, if that’s what the commission is interested in,” Murphy said.

Canine concerns

“There’s no bad dogs, there’s only bad people. And bad people don’t pick up their dog feces.” Commissioner Jon Crane said. “Dog feces is one of the two reasons you don’t want dogs on the beach. The other is they might bite people.”

Crane said he’s not in favor of deputies posing for photos with dogs on the beach, and he’d like to see the sheriff’s office take this entire matter more seriously, but he doesn’t want to pick a fight with the city’s contracted law enforcement agency.

“I wouldn’t mind tripling the fines for people that don’t pick up their dog poop,” he added.

Later in the discussion, Crane said, “I had an experience walking my dogs across the roadside edge of Bayfront Park, which I guess is wrong – I was told it is wrong by a sheriff’s deputy. They didn’t take a picture with me and they shooed me off of Bayfront Park. So, I don’t know how widespread this is, but they handled me appropriately.”

Commissioner Joe Muscatello asked about the fines for having a dog on the beach or not cleaning up after it. Murphy said he thought those fines were $500 and he noted the fine for not cleaning up after your dog applies anywhere in the city.

Dogs on beaches concern city officials
Commissioner Joe Muscatello believes the city must defend its beaches. – Joe Hendricks | Sun

Muscatello noted Anna Maria beaches are considered bird and turtle sanctuaries: “If that’s what we’re going to be, then we need to stay true to that. We’re a special beach here and we need to maintain that.”

Crane said he’d like to see more enforcement of the city’s leash law, because a dog on a leash isn’t going to chase down a turtle or a seabird.

Raising another concern, Sebring said she often sees dogs “running amok” on the beach after coming off a boat: “I see them pulling up and they don’t put them on leashes. The dogs run up into the dunes and do whatever.”

Muscatello acknowledged it’s difficult to enforce dogs coming off boats, but he still expects the sheriff’s deputies to enforce the laws: “We need to make sure we’re not opening this up to be a kennel on the beach.”

COVID and costs

“We have some special issues this year with COVID,” Commission Chair Carol Carter said.

Carter said she’s seen social media posts about vacation rental guests bringing four dogs with them. She believes there are more dogs in Anna Maria now due to travelers driving instead of flying. She also said she hears more dogs barking and sees more dog feces on the ground when she’s out walking.

“I don’t think these are owners or residents with their dogs. I think these are visitors who don’t understand our rules. I would like to see us create a little more awareness than what’s being done by the sheriff,” Carter said.

“If the sheriff doesn’t want to take any further action, I think we ought to consider code enforcement helping with some of this. I’m really concerned about the number of dogs running around on the beach.” Carter said, noting that she loves dogs and has had one most of her life.

Muscatello asked if the vacation rental companies make their guests aware of the city regulations regarding dogs on the beach. Murphy said some do and some don’t. Murphy said that information could be added to the list of best practices already provided to vacation rental guests regarding sea turtle protections, beach lighting restrictions and other local regulations.

Sebring noted the only public beach near Anna Maria Island that allows dogs is off-Island, along the Palma Sola Causeway.

Murphy said if the commission wants to use code enforcement officers to patrol beaches, he could come back with a proposal that details the estimated costs.

“It’s going to take vehicles and it’s going to take more bodies – as long as you understand that up front. We’re going to need a vehicle that can go on the beach,” Murphy said.

“We have to defend this beach. If that’s what it takes, that’s what it takes,” Muscatello said.