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State representatives rock Island residents

State representatives rock Island residents

Written by SUN contributor on . Posted in Uncategorized.

MANATEE COUNTY – Members of the local state legislative delegation are making plans to permanently change the face of Anna Maria Island, beginning with a parking garage and potentially ending with the dissolution of the three Island cities.

During a Jan. 12 legislative delegation meeting, Rep. Will Robinson Jr. brought up beach access, specifically beach access and parking in Holmes Beach. Robinson, a Republican, proposed introducing a bill during the upcoming state legislative session to pre-empt Holmes Beach city leaders’ decision to ban parking garages and allow a four-story parking garage to be built on the Manatee County-owned parcel at Manatee Beach. His fellow Republican members of the delegation, Rep. Tommy Gregory, Rep. Mike Beltran, Sen. Jim Boyd and Sen. Joe Gruters, voted unanimously in favor of the proposal and putting the bill forth for consideration at the state level.

Contact Manatee County state representatives

Rep. Will Robinson Jr.

District office: (941) 708-4968

Capitol office: (850) 717-5071

Email: Will.Robinson@myfloridahouse.gov

Rep. Mike Beltran

District office: (813) 653-7097

Capitol office: (850) 717-5070

Email: Mike.Beltran@myfloridahouse.gov

Rep. Tommy Gregory

District office: (941) 893-5434

Capitol office: (850) 717-5072

Email: Tommy.Gregory@myfloridahouse.gov

Sen. Jim Boyd

District office: (941) 742-6445

Capitol office: (850) 487-5020

Email: boyd.jim.web@flsenate.gov

Sen. Joe Gruters

District office:  (941) 378-6309

Capitol office: (850) 487-5022

Email: gruters.joe.web@flsenate.gov

If the proposed bill makes it through all of the levels of state government, including passing votes through committees and the Senate, and gains the approval of Gov. Ron DeSantis, it would allow county commissioners to subvert local governments and issue their own building permits for construction on county-owned property regardless of in which municipality the property is located. It also would allow for the construction of a parking garage in excess of the city of Holmes Beach’s building height restrictions, which limits structures to three stories tall.

Rep. Will Robinson Jr.
Rep. Will Robinson Jr.

“I thought it was incumbent for the Legislature to step in and pre-empt that authority to allow a four-story parking garage if the county commission so votes and funds that parking garage to be built,” Robinson said. “It is fundamental for anyone to be able to visit our public beach and, in my view, parking spaces have been strategically taken away over the last few years under the guise of COVID to not allow folks to access the beach. Folks are getting frustrated – they can’t park, they can’t access the beach, they’re turning around and they’re going back home. And, to me, there’s nothing more important than to allow a person, a taxpayer, who pays for that beach, by the way, to visit that beach.”

Currently, the majority of beach renourishment funding comes from state-funded renourishment programs and the county resort tax, paid by visitors, not local tax dollars.

Dissolving Island cities?

The group also agreed to look into the possibility of engaging The Office of Program Policy Analysis and Government Accountability to do a study to see how feasible it would be to dissolve the three city governments on the Island. If that were to happen, Robinson said it would remove the city governments in Anna Maria, Bradenton Beach and Holmes Beach, replacing them with Manatee County commissioners and administration. He said it could be a good tax break for residents who would no longer have to pay city taxes.

Holmes Beach Mayor Judy Titsworth issued a statement in reply to the legislative delegation discussions.

Holmes Beach mayor Judy Titsworth
Mayor Judy Titsworth

“I am disappointed at the position that Will has taken regarding pre-empting city ordinances to construct a parking garage in a coastal community when the city currently and historically has always exceeded the number of parking spaces required for state-funded beach renourishment and interlocal agreements with the county,” Titsworth said. “As a mayor in his district, I would have appreciated Mr. Robinson to have, in the very least, given notice prior to getting out of his lane in making such a bold move. At this point in time I shouldn’t be surprised about anything that comes from this district. I do not feel Mr. Robinson needed the support of the local delegation to move on this bill but next time he moves on a bill that will affect the lives of our city residents, I hope that he would first reach out to the representatives of the city so he can become better informed. A four-story parking garage at the entrance to our city is not in keeping with the historical character of our quaint city. For this to happen, the potential gutting of our height restrictions would also be in play. These restrictions are in our city charter. This undoubtedly is what led to the next proposal by the representative which is the consideration of the consolidation and/or dissolution of the three Island cities.”

“I believe that is probably the biggest overstep and attack on home rule yet,” she continued. “Holmes Beach has been incorporated for over 70 years. We are a vibrant and prosperous city. Our population continues to grow. Our city is responsible for the majority of the contributions to the tourist development tax in the county and has contributed over $30 million since its inception. We continue to improve roads, sidewalks and storm infrastructure and continue to make public safety a number one goal. We have a very strong commission and numerous appointed boards. All board positions are readily filled by residents who desire to give their time to civic duty. The city of Holmes Beach is proud of not only retaining its residents but providing a tourism experience that is a top vacation destination. Property values continue to soar and our city has investors from all over the world. For a representative to single out Anna Maria Island to study dissolving our city chartered governments is a wake-up for all cities of this state. Because of this, I do not believe this will receive the legislative act that this representative is seeking.”

Robinson said that he feels “very confident” in the proposed legislation and that he feels it will pass during the state legislative session beginning Monday, April 10.

Holmes Beach: The Year in Review

Holmes Beach: The Year in Review

Written by SUN contributor on . Posted in Community News, Holmes Beach, Special Sections, Year in Review.

HOLMES BEACH – City leaders may be more than ready to put 2022 in their rearview mirrors. The year was full of ups and downs in the biggest little city on Anna Maria Island.

The Island Branch Library celebrated 40 years in its Marina Drive location beginning in January and concluding with a springtime party featuring speakers including elected officials, residents and members of the Friends of the Island Library.

At the city commission level, leaders began the year embroiled in a lawsuit with local developer Shawn Kaleta over fines for unpermitted work and operations at the Bali Hai Beach Resort. In 2023 that case remains in court.

City leaders made the decision in early February to reduce the speed limit citywide to 25 miles per hour on city streets. The reduced speed limit does not apply to Manatee Avenue which is a state road and controlled by the Florida Department of Transportation. A registration program for golf carts was also enacted at the same time, requiring residents to obtain a sticker for their vehicles in order to drive them on city streets.

Issues between city and Manatee County leaders came to a head in March and April when a meeting between the two groups of elected officials ended with no solutions for either side’s problems discussed. Mayor Judy Titsworth and commissioners held firm on their stance to not reopen residential streets for public parking. Residents, however, are allowed to park on the street with a valid parking permit. Relations with county commissioners further deteriorated when city officials began discussing a ban on multi-level parking garages. County Commission Chair Kevin Van Ostenbridge appeared before city commissioners during a June meeting to warn them against instituting the ban, saying that there would be negative consequences to the decision.

Holmes Beach: The Year in Review
Great blue herons nesting in an Australian pine at the Kingfish Boat Ramp temporarily halted the removal of trees at the site though those plans were ultimately abandoned by the county after funding for a renovation project was lost due to excessive delays. – Kristin Swain | Sun

In addition to parking, county and city leaders also clashed over plans to renovate the Kingfish Boat Ramp. The project would have seen more than 100 trees at the county-owned boat ramp removed along with a popular shaded picnic area. Public outcry against the project fell on deaf ears at the county, though the renovations ultimately didn’t take place due to a loss of funding after numerous project delays.

The April closure of a private beach access point on 78th Street pitted neighbor against neighbor as nearby residents united to first protest the closure and then sue property owners Travis Resmondo and the neighboring Oceana Condominium Association in Manatee County Circuit Court for access. While Judge Charles Sniffen ruled against issuing a temporary injunction in August, neighbors vowed to continue the fight in court for beach access through the path to be restored.

The November election brought two new faces to the city commission in the form of Dan Diggins and Greg Kerchner. The two, along with Mayor Judy Titsworth, ran unopposed after former Commissioner Kim Rash decided to not run for re-election and former Commissioner Jayne Christenson dropped out of the race to retain her seat on the dais.

Holmes Beach: The Year in Review
Signs block the beach access at 78th Street in Holmes Beach from public use after a busy Easter weekend resulted in trespassers invading adjacent private properties. – Kristin Swain | Sun

Construction began on long-awaited road improvements at city center, the intersection of Gulf and Marina drives, in the fall, causing traffic delays and headaches for drivers. Though planned to take place separately, the road construction intersected with a county water main project in the area, resulting in additional delays and road closures. Public Works Director Sage Kamiya said he received a round of applause from drivers and onlookers when he authorized the reopening of both lanes of Marina Drive just in time for the Christmas holiday.

Beach access remains closed

Beach access remains closed

Written by SUN contributor on . Posted in Community News, Featured, Holmes Beach.

MANATEE COUNTY – The battle between neighbors for beach access on 78th Street in Holmes Beach came to a close when a judge ruled against granting a temporary injunction to reopen the path to the sand.

“It’s a really unfortunate situation,” Manatee County Circuit Court Judge Charles Sniffen said. “Someone’s property rights are going to be affected by what I decide.”

After hearing two days of testimony from current and former property owners as well as county Commissioner Carol Whitmore and others, Sniffen said the arguments boiled down to a technicality. In order for a temporary injunction to be granted, he said the plaintiffs, a group of 78th Street property owners, would have to meet four criteria – prove the historic use of the path, irreparable harm, that the injunction is in the public interest and that the use of the path by the neighbors and public is adverse to property owners Travis Resmondo and the Oceana Condominium Association’s use of the path.

Resmondo closed the beach path, which begins on his property, after crowds over Easter weekend overwhelmed him by blocking his driveway, using his property as a parking lot, using his private facilities as their own and leaving behind trash at his beachfront home, something he said had been a problem for months. He closed the path without notice, and neighbors who had used it for decades argued in court that the closure caused them to be unable to easily access the beach and to lose some rental bookings at their properties due to lack of beach access.

Sniffen said there were two areas where the plaintiffs’ arguments failed. The first was to show irreparable harm, though due to the medical conditions of some of the neighbors who would have a difficult time accessing a path on 79th and 80th Streets to the beach, he said an argument could be made for irreparable harm. The second, and the one he hinged his ruling on, was adverse use.

After hearing all of the arguments and testimony as well as reviewing documentation provided by both sides, Sniffen said the issue is that up until Resmondo closed the path to neighbors and the public in April, the path was harmoniously used by everyone. Resmondo and the four owners of units at Oceana own the two pieces of property on which the path extends from the end of 78th Street to the beach. Both testified that they knew of the neighbors and their guests using the path and had no issues with it until recently. Sniffen said the testimony implied the property owners’ consent to use the path, meaning that its past use was not adverse to the owners.

While the case is open for appeal, it’s unlikely neighbors will seek a permanent injunction against closing the path since the temporary injunction was not granted by the court.

Beach access hearing continues Friday

Beach access hearing continues Friday

Written by SUN contributor on . Posted in Community News, Holmes Beach.

HOLMES BEACH – A case about beach access is set to go to trial in the coming weeks, but nearby residents are hoping to regain use of a path leading from the end of 78th Street to the sand before then.

Manatee County Circuit Court Judge Charles Sniffen heard testimony on Aug. 18 from witnesses for the plaintiffs, a group of property owners led by Linda Carmon. Testimony from witnesses for the defense, property owners Travis Resmondo and the Ocean Condominium Association, as well as arguments from both sides, were continued to a hearing later this week due to time constraints.

The case centers around a beach access path that winds through private property owned by both Resmondo and the condo association before reaching the sand and the Gulf of Mexico. The Aug. 18 hearing was for Sniffen to hear a case on behalf of the property owners to stop Resmondo from restricting access to the beach path, which they argue has been in use by local property owners for at least 70 years.

Attorney John Goldsmith, speaking on behalf of Resmondo, who was present for the hearing, said his client closed the path to the public and neighbors after more than 150 people used the path over the Easter weekend in April. Goldsmith said in addition to a large number of people traversing a little-used path, Resmondo also had issues with people trespassing on his property, littering, blocking access to his home and using his private driveway for beach parking, he said.

After the weekend, Resmondo had large plants placed across the path along with no trespassing signs, prompting his neighbors to start a court battle.

The hearing on the request to temporarily reopen the path until the matter is decided at trial was expected to take one day to complete, but the large numbers of witnesses on both sides of the issue prompted Sniffen to continue the case until Friday, Aug. 26 at 9 a.m.

No date has been set for the anticipated trial.

Resort can’t use beach access for guest-only parking

City to stop resort from monopolizing beach access parking

Written by Joe Hendricks on . Posted in Community News, Featured, Manatee County.

BRADENTON BEACH – The city is addressing complaints about the city-owned beach access at the west end of 23rd Street North being used as guest-only parking for a privately owned resort.

According to the Manatee County Property Appraiser’s Office, the Seabreeze at Anna Maria Inn resort property located on both sides of the city-owned street end along the 2300 block of Gulf Drive North is owned by the Tri Star Properties LLC. According to state records, the LLC lists attorney Louis Najmy as its registered agent and Shawn Kaleta and Daniel Zoller as principals.

As of last week, several signs placed in or near the city-owned beach access area said, “Anna Maria Island Inn. Guest Parking Only. All Others May Be Towed at Owner’s Expense.”

Resort can’t use beach access for guest-only parking
As of last week, several signs were in place that improperly claimed the beach access parking area was for resort guests only. – Joe Hendricks | Sun

On June 16, Police Chief John Cosby told the city commission he received three complaints about the resort trying to use public property for guest-only parking.

Cosby also said the current parking configuration blocks and hinders access for his officers and other first responders who use that beach access point to respond to water rescues, drownings and other emergency situations. Cosby said he’s going to rope off a portion of the street-end for emergency responders regardless of what the commission decides to do with the public parking. Cosby said that will probably result in the loss of four parking spaces.

Resort can’t use beach access for guest-only parking
First responders use the 23rd Street North beach access when responding to emergencies. – Joe Hendricks | Sun

Mayor John Chappie and Building Official Steve Gilbert noted Section 58-35 of the city’s code of ordinances prohibits parking any vehicle at or within 100 feet of a city-owned street-end or terminus along the Gulf of Mexico or Sarasota Bay unless it’s properly marked as city-provided parking.
After stressing the importance of protecting public access to the beaches, Chappie said, “We’ve got to take control of this situation. It is a problem because we’ve had complaints.”

Cosby said a properly designated public parking area requires parking bumpers and signs that designate those spaces for public use. He said the designated public spaces would then be available on a first-come, first-served basis which would not exclude resort guests, noting that overnight parking is not allowed in city-owned parking areas.

Gilbert said he’s not aware of any agreement between the resort and the city that allows for guest-only parking. Gilbert and Commissioner Ralph Cole noted it would take a four-fifths supra-majority vote of the commission and the majority support of the city’s registered voters for the city to vacate that city-owned property to the resort owners – an action Cosby said city voters would never support.

Commissioner Jan Vosburgh expressed concerns about negatively impacting the resort owner.

“Why would we want to do that?” she asked.

“Because it’s public property,” Cosby replied. “If you want to keep the willy-nilly parking, knock yourselves out. When I get complaints, I’m going to tell them to come here and talk to you. I can’t tell them that I am allowing somebody to break the law.”

Resort can’t use beach access for guest-only parking

The Seabreeze at Anna Maria Inn resort has structures located on both sides of the publicly owned beach access point. – Joe Hendricks | SunCommissioner Jake Spooner agreed that a private business should not have the exclusive use of public property, but he’s not in favor of eliminating those beach parking spaces either. Spooner said the resort managers would likely remove the guest-only parking signs if asked.
Cosby and Gilbert said it might be possible to configure the public parking in a manner that allows the resort to install two privately-owned, resort-only parallel parking spaces near the smaller building to the south.

Based on Cosby and Gilbert’s advice, the commission directed them and Public Works Director Tom Woodard to develop a plan for a designated public parking area at the 23rd Street North street-end, and to bring that plan back to the commission for additional discussion and approval.

Beachgoers unite, sue for access

Beachgoers unite, sue for access

Written by SUN contributor on . Posted in Community News, Featured, Holmes Beach.

HOLMES BEACH – With beachgoers filing a lawsuit Friday against the property owners on 78th Street who closed a beach access point, the Real Island Podcast team took to the airwaves Sunday in hopes of helping both sides find an amicable solution.

Podcast hosts Abigail Nunn, Dick Gordon and Brian Blaine hosted a special live broadcast from the beach at 78th Street, just in front of the now-closed access path, to give people on both sides of the issue a platform to have their concerns addressed.

Though no solutions to the dispute are on the horizon, area residents and representatives of the property owners did get to air their grievances in a neutral environment.

Matthew Carmon, whose family owns 103 and 105 78th St., said his mother, Linda, purchased her home because of its proximity to a beach access point. With his mother on full-time oxygen therapy, Carmon said the closure of the path has greatly reduced her ability to enjoy the beach and that walking to another street to get to the sand isn’t an option for her.

Linda Carmon is one of three named plaintiffs in the lawsuit against the property owners at 100 and 101 78th St. which alleges that neighbors and the public have a right to use the path. The other plaintiffs are 107 78th Street Investments LLC and Minh N. Vu.

The issue arose in late April when a long-used path to the beach at the end of the street was closed to public use without notice. Residents who had been using the path for beach access were met by no trespassing signs and an off-duty Holmes Beach police officer at the street side entrance to the path. When they protested the sudden change, city leaders looked into the issue and discovered that the beach access path is located on privately owned property, leaving Mayor Judy Titsworth and city commissioners unable to reopen the path to the public.

While there was once an easement on the property for a walkway, as of 2014, the easement had disappeared from the deed for the property at 101 78th St., owned by Travis Resmondo and Bryce Raub. After consulting City Attorney Erica Augello, Titsworth said that the easement that was on previous deeds for the property did not specify who the easement benefited, making it possible for the owners to close it to the public.

In the lawsuit filed May 20 in Manatee County Circuit Court, the plaintiffs allege that the closure of the beach access path is in violation of two existing 10-foot walkway easements on the properties at 98 and 99 78th St. The two lots are unbuildable with dunes and other native vegetation. The property at 98 78th St. is owned by the Oceana Condo Association while the 99 78th St. lot is owned by Resmondo. Attorney Fred Moore, representing the plaintiffs, notes that the beach access path starts on Resmondo’s property before traversing the condo association’s property and ending on the beach.

Plaintiffs allege that the closure of the beach path has adversely affected their enjoyment of their properties as well as devalued their properties. All three plaintiffs note that their properties are used for vacation rentals and that rentals of their properties have also been adversely affected.

In addition to starting a petition on Change.org to restore the beach path to public use, which had garnered more than 700 signatures as of press time for The Sun, neighbors have set up a GoFundMe page for donations for legal fees. For more information on the neighborhood movement, visit www.savethebeachaccess.com. To view a recording of the podcast, visit www.facebook.com/realislandpodcast.

Related coverage

 

Battle for beach access continues

 

Neighbors clash over beach access path

Battle for beach access continues

Battle for beach access continues

Written by SUN contributor on . Posted in Community News, Holmes Beach.

HOLMES BEACH – As residents on 78th Street fight beachfront property owners for the right to walk a path to the beach, city leaders say that because the path is located on private property, they can’t get involved.

Commissioners addressed the issues broiling between neighbors during comments at their April 26 meeting, where Mayor Judy Titsworth and city attorney Erica Augello gave an update on the situation.

Titsworth said that while a Holmes Beach police officer was stationed at the disputed beach access over the April 22-24 weekend, the officer was off-duty and working privately for property owners Bryce Raub and Travis Resmond at 101 78th St., despite being in uniform and using an HBPD vehicle. She added that she discussed the issue with Chief Bill Tokajer and the two decided it would be more beneficial for residents and visitors alike to have a local officer with jurisdiction in the city to guard the path against trespassing instead of a security guard unfamiliar with Holmes Beach. Titsworth said she felt an HBPD officer might have more compassion toward members of the public trying to use the path.

Battle for beach access continues
Workers install plants April 23 to block access to a beach path on 78th Street. Chief Bill Tokajer and Mayor Judy Titsworth said the plants were not installed by city workers. – Submitted | Rose Mary Patterson

The fight between neighbors started in mid-April when Raub and Resmond closed a long-used access path which stretches along their property from the end of 78th Street to the beach. While an easement was recorded on the property for the path, Augello said that the easement language doesn’t specify who it benefits, giving the property owners the right to close the path to the public, including their neighbors, some of whom have stated they’ve used the access path for decades.

While neighbors are protesting that they have a right to use the path due to how many years it has been open to the public, city leaders say they can’t get involved in the dispute, though they are keeping up with the issue as it develops.

Resident Nancy Gilchrist, who lives on 78th Street, says she feels the issue is larger than just one street. If private property owners are allowed to close a beach access path on one street, she asked commissioners what was keeping other owners from doing the same on their streets

Looking at Holmes Beach street design records, she said 78th Street, which was platted in 1946, was shown on the plans to end at the western edge of the beachfront properties at 100 and 101 78th St. For some reason, she said the street was stopped at the eastern edge of the properties, resulting in the beach access path being on private property instead of located in a city right of way.

Gilchrist also questioned the ownership of two westward platted lots, 98 and 99 78th St. She said she was unable to locate any records identifying who owns those lots, located fully on the sand on the beach, and asked commissioners to look into the issue.

Commissioner Carol Soustek agreed to have Augello look into the ownership of those two properties as well as the right of way issue.

While Gilchrist acknowledged that Raub and Resmond, who are not full-time residents of Holmes Beach, have issues with vagrants and the public trespassing on their property, she said she doesn’t feel that those issues are substantial enough to warrant closing the beach access path to everyone.

Augello maintained that the city “has no dog in this fight. This truly is a dispute between private property owners.”

Related coverage

Neighbors clash over beach access path

Anna Maria alternating parking switches soon

Anna Maria alternating parking switches soon

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

ANNA MARIA – The side of the street where street-side parking is allowed will soon change on several beach access streets.

The alternating street-side parking changes will go into effect beginning Monday, Jan. 17 and will remain in effect for the rest of 2022, with violators subject to parking citations. The city’s Public Works department will relocate parking signs along the impacted streets. The regulations, detailed in the city of Anna Maria Code of Ordinances Sec. 58-66, were first implemented in 2005-06.

Anna Maria alternating parking switches soon
These signs indicate which sides of the beach access streets allow parking. – Joe Hendricks | Sun

Effective Jan. 17, parking along the beach access ends of the following streets will be allowed on the even-numbered sides of the streets only: Gladiolus Street, Elm Avenue, Fern Street, Magnolia Avenue, Newton Lane, Palm Avenue, Fir Avenue, Palmetto Avenue, Coconut Avenue, Jacaranda Road and Sycamore Avenue.

According to the parking document posted on the city website, “These changes affect only certain areas of these streets and parking is allowed only where signage permits. Always park in the direction of the flow of traffic with all tires off the pavement.”

More detailed explanations for each affected street can be found in Sec. 58-66 of the city ordinances. Additional information can also be obtained by calling 941-708-6130 ext. 111.

Cedar Avenue plant removals questioned and explained

Cedar Avenue plant removals questioned

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

ANNA MARIA – The plants and landscaping recently removed near the Cedar Avenue beach access will be replaced by new native plants and landscaping.

On Saturday, Nov. 27, Anna Maria resident Dennis Ellsworth sent Mayor Dan Murphy an email in which he expressed his concerns regarding the scope and scale of the city’s plant and landscaping removal and replacement project.

“Went to the end of Cedar Avenue yesterday. This sight made me want to vomit. Did the city do this, and if they did what was the purpose? Will the path at Mangrove Avenue or the path to Bean Point be next?” Ellsworth stated in his email, which included before and after pictures of the area.

Cedar Avenue plant removals questioned and explained
Dennis Ellsworth included this pre-plant removal photograph in his email to the mayor. – Dennis Ellsworth | Submitted

On Tuesday, Nov. 30, Murphy responded to Ellsworth’s email: “This trimming and clean out was done by the city to foster the growth of sea oats and other native species. Numerous Brazilian pepper trees along with other invasives were removed. The project is not completed and will include the planting of native species in place of the invasives,” Murphy stated in his email.

In his response to Murphy’s email, Ellsworth wrote, “Thanks for responding. I understand the desire to rid the area of invasive species. However, looking at previous photos of the area, the only invasive species I see are mother-in-law tongue and Australian pines. Sea grapes were removed as well as immature sabal palms.”

During a visit to the Cedar Avenue beach access on Wednesday, Dec. 1 as the work continued, Ellsworth said, “What they’ve done to this area upset me a lot. I didn’t think it was necessary.”

On Friday, Dec. 3, Murphy and Public Works Manager Dean Jones provided some additional insight on the ongoing plant removal and replacement efforts.

“A lot of invasive Brazilian peppers were removed, as well as the other invasives that were taken out. It’s a work in progress,” Murphy said. “We are going to bring in more sea oats and plant those there, as well as some additional vegetation that attracts gopher tortoises. Right now, it doesn’t look very pretty. It looks scalped and barren, but it’s going to be beautiful when we get through with it.”

Cedar Avenue plant removals questioned and explained
The southeast side of the beach access path is inhabited by sea oats and other native landscaping. – Joe Hendricks | Sun

When asked about the project, Jones said coco plums are among the native plants that will be planted in that area. He said gopher tortoises enjoy the edible plums those plants provide.

“We’ll have beach daisies going in there, coonties, some green buttonwoods and we’re planting at least 100 sea oats. Sea oats are the best plants for erosion control during hurricane season. The goal of this project is to reclaim that area that had been taken over by invasive species. Now that we have a clean palette to work with, we can start bringing all the native species back. I know there’s been some negativity about it, but in the end, everybody will be happy with what we’re doing.”

Jones noted the roots of the removed sea grapes remain in place and some are expected to regrow.

“My crew has done a great job out there. We’ve learned a lot about that area and we know that when we finish, it will be better than it was. We didn’t see one gopher tortoise hole in that area, which tells me they didn’t want to be in that area because of the invasive species. If you look at other areas that have sea oats and the native species, we find tortoise holes all the time. I truly believe in this project and it will be a good thing,” Jones said.

Parking remains closed in Holmes Beach

Parking remains closed in Holmes Beach

Written by SUN contributor on . Posted in Community News, Holmes Beach.

HOLMES BEACH – Beach parking may be opening to visitors but in Holmes Beach, beach access, side of street and right of way parking remain closed to drivers.

Drivers who illegally park their vehicles may return to find them towed or ticketed. Holmes Beach police officers are regularly patrolling city streets to enforce the parking regulations.

Once the COVID-19 pandemic passes and parking is reopened in the city, visitors and residents will notice some major changes. During an April 28 virtual commission meeting, Chief Bill Tokajer presented a plan to open only the spaces needed for beach renourishment funding and leave much of the city’s parking closed, reducing parking by about 2,000 spaces.

Tokajer said the city is required to have 364 parking spaces available to the public for beach renourishment. In the city’s beach access points, there are 473 public parking spaces available. When the pandemic threat is over, Tokajer said he plans to only open those 473 beach access spaces, which don’t affect residents, and leave right of way and side of the street parking closed on all roads on the west side of the city.

From 28th to 38th streets in the south of the city, parking on the side of the street and right of way will remain closed from East Bay/Gulf Drive west to the beach. From the public beach at Manatee Avenue to 52nd Street, parking will be closed west of Gulf Drive except at beach accesses. In the rest of the city, side of the street and right of way parking will remain closed on all streets west of Marina/Palm Drive north to the Anna Maria city border. Once the new regulations are put into effect, Tokajer said his officers would monitor the situation to see if adjustments need to be made. He said the new regulations hopefully will ease beach parking and reduce traffic in residential areas.

Jayne Christensen, former chair of the city’s congestion committee, said that she’s “100% behind it,” and that the reduction in street parking in residential neighborhoods was exactly what her committee was working for.

“Thank you for doing this,” she said to commissioners.

“This is just a wonderful, big step to bringing balance back to the Island,” Commissioner Carol Soustek said.

Commissioners Pat Morton, Kim Rash, Jim Kihm and Terry Schaefer all agreed that they are behind enforcing the permanent reduction in parking.

“I think it’s a great idea,” Kihm said, adding that if any visitors to the Island want beach parking, they’d better plan to come out early.

Tokajer said he’s already ordered signs to be put up in anticipation of reopening the street end beach access parking and the removal of the no parking banners currently placed throughout the city. He added that the parking measures would not affect service workers, such as landscapers who are working at a residential property, from parking on the side of the street.

Another parking change that surprised even city leaders came when the Florida Department of Transportation, in conjunction with the county administrator’s office, put up signs on the south side of Manatee Avenue, prohibiting overflow parking from the Kingfish Boat Ramp.

In her May 1 report on the status of the city, Mayor Judy Titsworth said that FDOT gave Tokajer permission to cover the no parking signs across from Kingfish with bags. She added that the city will work with FDOT to come up with a safer, designated parking area for overflow parking for the boat ramp. During that time, however, the historic overflow parking on Manatee Avenue remains open to boaters.

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What to expect on Monday at the beaches

 

Boaters outnumber beachgoers in Holmes Beach

 

Holmes Beach parking closed for beachgoers

mean high water line Anna Maria

Mean high-water line surveyed

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

ANNA MARIA – The lines in the sand have been drawn – aka surveyed and staked – in two beachfront locations along South Bay Boulevard.

On Wednesday, May 2, surveyors placed three wooden stakes along the mean high-water line that establishes the private property line in front of a beachfront home along the 500 block of South Bay Boulevard. As a second point of reference, Mayor Dan Murphy also asked the surveyors to stake the mean high-water line near the public access path on the 600 block of South Bay Boulevard.

The handwritten phrase “Apparent MHW” appears on each of the survey stakes. The city also has been provided the GPS coordinates of the survey points should the stakes be removed by nature or humans. Murphy said the survey work cost approximately $900.

Murphy requested the surveying at the city’s expense because the beach area between the water and a bayfront home on South Bay Boulevard has been discussed at recent city commission meetings as a source of confrontation between the property owners and people walking the residential beach along the Tampa Bay shoreline.

Last summer, the property owners placed two signs between their home and the water that say: “No Trespassing. This beach is private property.”

A visit to the newly staked areas at 10:20 a.m. on Thursday, May 3, revealed the incoming tidal waters of Tampa Bay had already risen above the mean high-water line in both locations – and high tide wasn’t expected that day until 2:20 p.m.

According to the stakes, people walking landward of the mean high-water line are walking on private property and the property owners have the right to ask them to leave. For much of last week, anyone walking that section of beach would have had to walk in the water to avoid walking on private property.

Private property owners have no such rights when it comes to people walking seaward of the mean high-water line. All land seaward of the mean high-water line (or the erosion control line where beach renourishment has occurred) is state-owned public land.

The mean high-water line is established using a 19-year average based on local tidal data established by tidal observations made at specific tide stations.

When asked how the city plans to deal with future conflicts that may arise between private property owners and people walking along that stretch of residential beach, Murphy said, “My advice is that we all respect each other and are tolerant with each other.”

When interviewed on April 12, one property owner correctly estimated where his property line was, and said he was considering installing rope and bollard fencing to delineate his property line and discourage foot traffic.

Installation of a beachfront fence will require a permit from the city, but a recent federal lawsuit supports property owners’ right to install fences.

In March 2017, Walton County commissioners adopted a customary use ordinance in response to beachfront property owners erecting fences.

“No individual, group or entity shall impede or interfere with the right of the public to utilize the dry sand areas of the beach that are owned by private entities,” the ordinance said.

In November 2017, a federal court ruled the Walton County ordinance language prohibiting fencing was unconstitutional and violated property owners’ First Amendment rights. The federal court viewed fences as an expression of free speech that conveyed a message to others to stay off their property.

During the City Commission’s April 26 meeting, property owners Pat Olesen, Dr. David Bulley and Dean Foster were among those who expressed concerns about people walking and congregating on the private beaches in front of their bayfront homes. Their public testimony contributed to the City Commission’s decision to discontinue the pursuit of a customary use ordinance as a potential means of protecting the historic and customary public use of privately-owned beach lands.

A new state law that takes effect July 1 will require a court order before local governments can adopt or maintain an ordinance based upon the public’s customary use of any portion of beach above the mean high-water line. The new law does not apply to ordinances adopted and enacted before Jan. 1, 2016.

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Beach access not a problem in Holmes Beach

Written by SUN contributor on . Posted in Community News, Holmes Beach.

HOLMES BEACH – City leaders don’t think a new Florida law regarding ownership of the beach will be an issue in Holmes Beach.

That’s because Anna Maria Island beaches have been renourished, paid for by tax dollars.

Beachfront property owners had to give up some of their rights to the sand in front of their homes to participate in beach renourishment programs to combat erosion. In renourishment projects, property lines are pushed up to the erosion control line. The erosion control line is located near the dune and vegetation line on the landward side of the beach sand.

City Attorney Patricia Petruff said the number of property owners who opted out of the beach renourishment program is very few, if any, in the city. With the erosion control line so far up the landward side of the sand, she said it’s unlikely beachfront property owners will be able to block off sections of the beach to prevent public access and establish private beaches.

Commissioner Jim Kihm said he thinks the city should consider putting an ordinance into effect establishing customary use on Island beaches in Holmes Beach’s jurisdiction and preventing sectioning off of the sand. Petruff agreed that city leaders should fight back if public use of the beach is challenged, but only if a property owner legally challenges the public’s right to use the beach in front of their home.

Under the new law, the city can’t create a new ordinance to prevent privatizing the beach and any ordinances put into effect in 2016 or later are preempted by the state law which goes into effect July 1. If a challenge does arise, it’s up to city leaders to demonstrate continuous, ordinary use of the beach in question by the public. To designate a private beach as public, city leaders also would have to go through the courts and prove customary historic public use of the space. However, due to participation in beach renourishment projects, Petruff said the likelihood that a property owner will challenge the public’s right to the sand is very small.

A challenge for the city, if a legal case is filed, is the time and research needed to establish an updated map of the erosion control line and make sure that any properties not participating in the beach renourishment program are identified. Building Official Jim McGuinness said building department workers would have to go out and physically measure boundary lines to create an exact, updated map.

In an April 3 email to city administration, Commissioner Rick Hurst said he feels city leaders need to make a public statement on the issue to explain what the new state law means for Holmes Beach residents and visitors, potentially at an upcoming public meeting. While he said he expects the regulations to have little to no effect on beachgoers because of how far up the erosion control line is, he feels it’s important to determine the boundaries for visitors and property owners.

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