ANNA MARIA – On the final day of 2020, the Roser Food Pantry received a $30,000 check from the Mayors Feed the Hungry organization.
On Thursday, Dec. 31, Mayors Feed the Hungry Chairman Joel Swallow presented Roser Food Pantry Chairman Jack Brennan with a check commemorating the $30,000 donation made possible by the $70.5 million in federal CARES Act funds that Manatee County received earlier this year. The CARES Act assists individuals, organizations and businesses impacted by the COVID-19 pandemic.
Using CARES Act funds, the Mayors Feed the Hungry program also provided $3,000 to All Island Denominations, the Holmes Beach-based organization that represents the Anna Maria Island churches’ collective efforts to provide mortgage, rent and utility bill assistance to Island residents and employees in need.
From left, Roser Food Pantry Chairman Jack Brennan gave Mayors Feed the Hungry Chairman Joel Swallow a tour of the food pantry. – Joe Hendricks | Sun
When presenting the check to Brennan on Thursday morning, Swallow said, “On behalf of Mayors Feed the Hungry – that’s nine mayors and two commission chairs with Sarasota and Manatee county – we’re proud to offer this check of $30,000 to the food pantry here in Anna Maria, for Jack and all the people and all the churches that come together to serve.”
Swallow then credited former Manatee County Commission Chair Betsy Benac for the assistance she provided before leaving office in mid-November.
“Betsy Benac was the key person that helped drive it through and we really appreciate it,” Swallow said.
“It was good timing,” Benac said. “We knew that everyone was trying to get food out to the community, the money was available and we had a great organization in Mayors Feed the Hungry.”
Benac thanked Deputy County Administrator Karen Stewart for her assistance.
“It’s not easy to get that amount of money out in a short time. It really takes a lot of legwork, but they got it done,” Benac said of the county staff.
Benac also noted that the deadline to apply for and receive CARES Act funds has been extended into this year.
“I’m truly grateful to Commissioner Benac for all the help and support she gave us to get these funds. I’m truly grateful to her and the county for what they did because it helps so many people in our community. When I think about it, tears almost come to my eyes,” Pearson said in regard to the CARES Act funds distributed countywide.
Anna Maria Mayor Dan Murphy played a key role in getting the Roser Food Pantry and All Island Denominations added to the list of organizations eligible for Mayors Feed the Hungry funding assistance.
“There’s never been any of the Island charities included in the Mayors Feed the Hungry. I thought it was important that people knew we have a need out here on the Island and it would be good to channel some of the funds out here to Anna Maria. I’m really pleased we were able to accomplish that,” Murphy said.
“This is great not only for the food pantry but also for All Island Denominations. Both of those agencies do a tremendous job of helping the people that live and work here on the Island who have been impacted by COVID. I thank Mayors Feed the Hungry for including the Island and making life for our less fortunate people easier and a little bit better. A lot of people think it’s nothing but wealthy people living out here, but that just simply isn’t the case. We have a lot of people that need help,” Murphy said.
All Island Denominations’ (AID) President Cornelia Zanetti shared her thoughts on the $3,000 that the organization received.
“This has helped A.I.D. help Anna Maria Elementary school, because we have already spent $2,200 for Christmas helping the families, the employees and other people here in the community. We pay the bills for electric, mortgages, rents and we coordinate with Jack to get the food. We thank everybody in the community who sends up donations to help the poor and the needy here on Anna Maria Island, and we sure do have those people in need,” Zanetti said.
Food pantry programs
Speaking last, Brennan said, “I think it’s going to help a lot, especially since we can use portions of the money in 2021. That was important to me. This is going to boost the Sponsored Food Recipient Program we have,” Brennan said.
Serving as an extension of Roser Memorial Community Church and the Roser Food Pantry, the Sponsored Food Recipient Program provides a monthly allowance of Publix gift cards to those struggling to make ends meet.
Each anonymous individual or family that receives Sponsored Food Recipient Program support is sponsored by a church member who assesses their need and determines their monthly assistance.
The $30,000 donation can be used to cover expenses incurred in 2020 and expenses to be incurred in 2021. – Joe Hendricks | Sun
Brennan said the church and the food pantry spend approximately $4,000 per month on the Sponsored Food Recipient Program. He said the food pantry spends between $12,000 and $18,000 a year purchasing food to supplement the food donated by the community.
If you or someone you know needs Roser Food Pantry assistance, please call 941-778-0414.
If you or someone you know needs All Island Denominations assistance, please call 941-725-2433.
After Thursday’s check presentation, an unknown donor delivered these hot meals that were later delivered to members of Bradenton’s homeless community. – Joe Hendricks | Sun
MANATEE COUNTY – The mandatory face-covering requirement in Manatee County is no longer in effect as of today.
Manatee County recommends, but no longer requires, face coverings to be worn inside businesses when proper social distancing cannot be maintained.
During today’s county commission meeting, commissioners voted 4-3 to repeal the face-covering mandate adopted by emergency resolution on July 27.
The commission then unanimously adopted a non-binding proclamation proposed by Commission Chair Betsy Benac that strongly encourages people to continue wearing face coverings on a voluntary basis.
After two full pages of supporting “whereas” clauses, the adopted proclamation says, “Be it proclaimed by the Board of County Commissioners of Manatee County, that in the best interest of the county and the furtherance of public health, safety and welfare of the county, the board strongly encourages individuals who cannot socially distance to wear face coverings and supports businesses displaying signs requiring face masks to be worn in business establishments to reduce the spread of COVID-19.”
Today’s action means the county no longer requires face coverings to be worn inside Bradenton Beach businesses. The county mandate applied in Bradenton Beach because the city commission has not adopted its own mask mandate.
When contacted this afternoon, Anna Maria Mayor Dan Murphy said the Anna Maria City Commission will vote on repealing its mask order next week and he plans to issue a separate emergency order pertaining to masks being worn on city property.
Resolution repealed
Commissioner Priscilla Trace made the motion to rescind and repeal the county’s face-covering resolution and commissioners Benac, Vanessa Baugh and Steve Jonsson supported her motion. Commissioners Reggie Bellamy, Misty Servia and Carol Whitmore opposed rescinding and repealing the face-covering resolution.
These actions came in response to the Phase 3 reopening order, EO 20-244, that Gov. Ron DeSantis issued on Friday, Sept. 25. In addition to allowing restaurants and bars to operate at 100% capacity, DeSantis’ order suspended locally-imposed fines or penalties for violations of COVID-19 regulations or restrictions, including face-covering mandates.
Chief Assistant County Attorney Bill Clague addressed DeSantis’ order.
Chief Assistant County Attorney Bill Clague said the governor’s recent order rendered the county resolution unenforceable. – YouTube | Submitted
“His emergency orders basically supersede ours. Our face-coverings resolution imposes mandatory requirements to wear face-coverings and imposes fines on individuals who don’t comply. Under the executive order, that is no longer enforceable.”
Clague said the Manatee County School Board still retains the sole authority to determine whether face-coverings remain mandatory at public schools. Clague also said businesses and governments can still require face coverings inside their buildings and facilities.
Public comment
Palmetto Pastor Joel Tillis was among those who supported the repeal of the face-covering mandate. Tillis recently dropped a lawsuit he filed in opposition to the mandate. He dismissed his lawsuit after the face-covering resolution was amended in a manner that exempts houses of worship.
“I believe that you intended the best for our community. I believe you did what was best for the physical healing of our community at the time. Now, I am here asking you for the emotional healing of our community. This issue of the mask mandate has divided us. It has hurt us and caused our community to be filled with anger and confusion. I am asking you to begin to heal a divided county – because masks may help, but mandates have hurt. Trust your constituents to decide for themselves. It is not the mask, but the mandate, that has divided us,” Tillis said.
County resident Andra Griffin said, “I haven’t worn a mask before. I will not wear a mask going forward. I didn’t wear a mask coming in here. I refuse to wear a mask because it’s not your decision what I should be doing with my body.”
Joining the meeting by phone, Swordfish Grill General Manager Bob Slicker offered another perspective.
“I have 70 employees and I just want to thank the commission for the mask mandate,” he said.
Regarding some of the previous comments made, Slicker said, “You have the right not to wear a mask. Please don’t come to my restaurant. You need to wear a mask in my restaurant because we care about everybody.
“Scientific studies have shown that masks work. Not wearing a mask is not kind. Not wearing a mask is not patriotic. Our parents would wear masks. Past generations would wear masks. This is about taking care of people.
“Unfortunately, without the mandate, I have 16-year-old hostesses and 18- and-19-year-old servers that are harassed daily by people who don’t want to wear a mask. My business picked up because you passed that mandate and made it easier for us all to do our job. Thank you for following science and listening to business owners. Having a mandate really helps us,” Slicker said.
Joining by phone, school board member Charlie Kennedy encouraged the commission to continue the face-covering mandate or least continue to recommend face coverings.
“There’s a lot of peer pressure around masks. When a business owner has a customer come into their establishment, or a school principal has a parent walk onto their school campus, that person can just say I am mandated to do this because this is what my local government is telling me I have to do. It takes a lot of pressure off our community and I think it sends a signal that we believe in science, that we believe in data. The vast majority of us know that masks are a positive step in the direction of suppressing COVID,” Kennedy said.
Commission comments
“I agree. It’s not the wearing of masks but the mandate itself that was the issue,” Baugh said.
In response to Slicker’s comment, Baugh noted that she, too, is a small business owner.
“The majority of people wear a mask – and not because of the mandate, but because they know it’s the right thing to do. I don’t think the mandate really made a big difference. It’s really up to each individual business as to whether they want to enforce the wearing of masks or not,” Baugh said.
Whitmore then said, “I respectfully don’t agree. I know masks make a difference. I’m looking at this graph here from the Department of Health.”
She was referring to 60 new positive COVID-19 cases discovered in Manatee County on Saturday and reported on Sunday.
Commissioner Carol Whitmore opposed rescinding and repealing the face-covering mandate. – YouTube | Submitted
Benac was the only commissioner who voted to rescind the face-covering resolution after previously supporting it.
After Jonsson made the motion to adopt Benac’s proclamation, Benac said, “It was an extremely tough decision for me, but I wanted to make it clear that my position has not changed. Everybody is saying you need to keep wearing a mask to slow the transmission.”
MANATEE COUNTY – Manatee County’s COVID-19 face-covering mandate has been formally amended to no longer apply to churches and other houses of worship, and a lawsuit challenging the mandate has been dropped.
On Aug. 25, the county commission unanimously supported exempting houses of worship from the original face-covering mandate enacted when commissioners adopted emergency resolution R-20-116 by a 4-3 vote on July 27.
The face-covering exemption took effect Aug. 25 but still had to be formalized by an amended county resolution. This occurred on Tuesday, Sept. 15, when Manatee County commissioners voted 6-1 in favor of adopting county resolution R-20-139.
Commissioner Misty Servia cast the only vote opposing the houses of worship exemption after Dr. Jennifer Bencie, Director of the Florida Department of Health in Manatee County, said there had recently been COVID-19 outbreaks at local churches.
“We have three churches that have individuals who are positive – and they’re not related, so there is an issue of concern there,” Bencie said by telephone.
“According to our epidemiologist who did the investigations, at three churches in the county in the last few weeks, there have been six, seven and eight cases in each of those churches. Some are family members and some are friends of those family members who only saw them at the church. So, for that reason, the epidemiologist believed the church is the common place where the virus was transmitted in these cases,” Bencie said.
Bencie did not name the churches.
“I knew about one, but I didn’t know about three churches,” Servia said.
County Commissioner Misty Servia no longer supports the face-covering exemption for churches. – YouTube | Submitted
“I said at our last meeting, when the board voted to exempt houses of worship, I supported that motion with great trepidation – with the caveat that if we saw any outbreaks at houses of worship I would not continue to support it. So, I will not be supporting adoption of this resolution today,” Servia said.
“That’s concerning. I’m to continue to support this, but it gives me great pause that this continues to spread in churches,” Commission Chair Betsy Benac said. “I still believe that churches should mandate masks. We do know that masks help to slow the virus.”
Commissioner Carol Whitmore referenced the COVID-19 updates Bencie and Public Safety Director Jack Sauer provided earlier in the meeting when the commissioners were asked to extend the county’s local state of emergency for another seven days – an action that would also by default extend the county mask mandate.
Regarding the percentage of county residents who tested positive in recent weeks, Bencie said, “Over the last seven days the positive rate was 3.6%. The week prior it was 2.97%. We’re absolutely in the last three to four weeks seeing a change for the better and I believe it is because we are doing the preventative mitigative measures that are necessary, including masks and social distancing. Moving forward, I do believe it’s very important to keep the mask resolution in place.”
Regarding the houses of worship exemption, Whitmore said, “We have to start somewhere and I’m all about the information given to us today. Our numbers have been flat, the schools have opened. The churches don’t have to wear masks, but most responsible people in churches are still wearing them. I am right now going to support the resolution.”
Whitmore said she might reconsider her position if the overall percent positive rate that was slightly over 10% at that time climbs above 11% again.
The amended face-covering resolution states it is in the best interest of the county to amend the emergency resolution to exempt places of worship from the requirements for mandatory face coverings. The resolution still requires mandatory face coverings in business establishments as defined in the amended resolution.
“A ‘business establishment’ means a location with a roof overhead under which any business is conducted, goods are made or stored or processed or where services are rendered. The term ‘business establishment’ includes transportation network companies such as Uber and Lyft, vehicles operated for mass transit, taxis, jitneys, limousines for hire, rental cars, and other passenger vehicles for hire,” the amended resolution says.
“The term ‘business establishment’ includes locations where non-profit, governmental, and quasi-governmental entities facilitate public interactions and conduct business. The term ‘business establishment’ does not include places of worship. This emergency resolution shall remain in full force and effect for so long as the local state of emergency for the COVID-19 pandemic remains in effect,” the resolution says.
The Manatee County face-covering mandate remains in effect in Bradenton Beach. – Joe Hendricks | Sun
The county face-covering mandate remains in effect in unincorporated areas of Manatee County, including Cortez, and in cities that have not enacted their own local mask/face- covering mandates, including Bradenton Beach. The county face-covering mandate does not apply in Anna Maria, Holmes Beach or Bradenton because those cities previously adopted their own face-covering or face-covering signage mandates.
Lawsuit dropped
Regarding the exemption for churches, Chief Assistant County Attorney Bill Clague noted Pastor Joel Tillis has dropped the lawsuit he filed against the county on Aug. 2 while being represented by attorney Anthony Sabatini, who also serves as a member of the Florida House of Representatives.
Tillis is the senior pastor at the Suncoast Baptist Church in Palmetto and the lawsuit Sabatini filed on Tillis’ behalf claimed the county’s face-covering resolution was unconstitutional because it violated the privacy, due process and religious freedom clauses in the Florida Constitution. The Manatee County lawsuit was similar to other lawsuits Sabatini filed elsewhere in Florida.
Pastor Joel Tillis and State Rep. Anthony Sabatini announced their lawsuit at an Aug. 3 press conference. – Joe Hendricks | Sun
The original Manatee County face-covering resolution was based on a similar emergency resolution adopted in Leon County – a resolution that had already withstood a legal challenge from Sabatini and others.
Palmer said Tillis’ voluntary dismissal means the county prevailed in the lawsuit and is entitled to pursue from Tillis an approximate $2,300 reimbursement for legal costs the county incurred for court reporter services. None of the commissioners desired reimbursement from Tillis or the church, but Benac expressed her distaste for a state legislator filing lawsuits against a county government.
Benac said she heard Sabatini had been admonished by a judge in another county. Clague clarified that Sabatini was cautioned, not admonished, by a circuit court judge in Gadsden County.
“He urged him (Sabatini) to reflect upon whether or not having filed multiple lawsuits of the same nature in multiple jurisdictions might give rise to the argument he filed frivolous cases. But he did not rule he had filed a frivolous lawsuit in this case,” Clague said.
“This attorney, Mr. Sabatini, is a member of the Legislature, but he is acting in his capacity as a lawyer. He’s not representing the Florida Legislature. I don’t want it to seem like they’re suing us. They are not, but a member of the Legislature is engaging in these lawsuits,” Clague said.
Additional actions
During last week’s meeting, the commission voted 4-3 to extend the county’s local state of emergency for another seven days. The 4-3 vote occurred because extending the state of emergency would also automatically extend the face-covering mandate that commissioners Vanessa Baugh, Steve Jonsson and Priscilla Trace still oppose.
County Attorney Mickey Palmer explained the relationship between the two actions: “If the emergency resolution goes away, then the mask resolution immediately evaporates as well. The opposite is not true, but the mask/covering resolution is completely dependent on the emergency resolution.”
County Commissioner Vanessa Baugh’s motion to entirely repeal the mask mandate fell one vote short. – YouTube | Submitted
The commission voted 4-3 in opposition to Commissioner Vanessa Baugh’s motion to repeal the county face-covering mandate entirely. But the commission unanimously supported Baugh’s subsequent motion to no longer automatically extend the face-covering resolution when extending the local state of emergency. In the future, extending the local state of emergency that provides access to state and federal funding and extending the county face-covering mandate will be handled as two separate actions that require two separate votes.
MANATEE COUNTY – Manatee County commissioners are expected to vote on whether to mandate face coverings countywide on Monday, July 27.
Monday’s meeting will take place at the Bradenton Area Convention Center in Palmetto at 1:30 p.m. The meeting will be streamed live and broadcast on Spectrum channel 644.
On Wednesday, July 22, county commissioners voted 4-3 to direct the county attorney’s office to draft, schedule and advertise the necessary resolutions and ordinances to put in place a mask mandate as soon as possible.
That motion was made by Commissioner Misty Servia and supported by commissioners Reggie Bellamy, Betsy Benac and Carol Whitmore. Commissioners Vanessa Baugh, Steve Jonsson and Priscilla Trace opposed Servia’s motion.
A small group of protestors greeted county commissioners Wednesday morning. – Submitted
County face-covering resolution
On Friday, the proposed face-covering resolution, R-20-116, was posted on the county website.
If adopted by the commission majority on Monday, the face-covering resolution would serve as a short-term measure while the more formal and time-consuming ordinance adoption process is completed.
Legal notice of a prospective mask ordinance was scheduled to appear in a local daily newspaper on Sunday. As of Saturday, a public hearing for the adoption of a face-covering ordinance had not yet been scheduled.
Resolution R-20-116 notes, “It is in the best interest of the county, and furthers the public health, safety and welfare of the county, to require the wearing of face coverings and the displaying of signs in business establishments to reduce the spread of COVID-19.”
According to Section 3 of the proposed resolution, “An individual in a business establishment must wear a face covering while in that business establishment. The requirement in this section does not apply to:
“Situations in which individuals maintain 6 feet or more of distance between persons. This exception does not apply to employees who are present in the kitchen or other food and beverage preparation area of a business establishment. Nor does it apply to employees serving food or beverages.
A child under the age of 6.
Persons who have trouble breathing due to a chronic pre-existing condition or individuals with a documented or demonstrable medical problem. It is the intent of this exception that those individuals who cannot tolerate a facial covering for a medical, sensory or any other condition which makes it difficult for them to utilize a face covering and function in public are not required to wear one.
“Public safety, fire, and other life safety and health care personnel, as their personal protective equipment requirements will be governed by their respective agencies.
“Restaurant and bar patrons while eating or drinking. It is the intent of this exception that a face covering will be worn while traversing a business establishment for ingress and egress, to use the facilities, and while otherwise standing when persons are unable to maintain at least 6 feet of distancing.
“An individual in a lodging establishment who is inside of the lodging unit, including, but not limited to, a hotel room, motel room, vacation rental unit, timeshare unit, or similar unit.”
The resolution notes, “Every business establishment shall display conspicuous signage notifying all persons of the requirement to wear a face covering.”
Definitions
The resolution defines face coverings as “A material that covers the nose and mouth and that fits snugly against the sides of the face so there are no gaps. It can be made of a variety of materials, such as cotton, silk or linen. Coverings with materials made of multiple layers are highly encouraged. A cloth face covering may be factory-made or sewn by hand or the cloth face covering can be improvised from household items.”
The resolution states the term “business establishment” includes transportation companies such as Uber and Lyft and it also applies to mass transit, taxis, limousines, rental cars and other passenger vehicles for hire.
“The term ‘business establishment’ includes locations where non-profit, governmental and quasi-governmental entities facilitate public interactions and conduct business. The term ‘business establishment’ also includes places of worship,” the resolution says.
Enforcement and applicability
Section 4 of the county resolution says a violation of the emergency resolution is a noncriminal infraction and does not authorize the search or arrest of an individual. Prior to the issuance of a citation, the individual will be asked to comply with the emergency resolution or explain how an exception applies to them. The fine is $50 for a first offense, $125 for a second offense and $250 for every subsequent offense.
The ordinance would apply in cities within the county that do not have a mask ordinance, such as Bradenton Beach: “This emergency resolution shall apply countywide within both unincorporated and incorporated areas, provided that any municipal resolution or ordinance addressing the issue of face coverings – either more restrictively or less restrictively – shall supersede this emergency resolution within the applicable incorporated area,” the resolution states.
On Anna Maria Island, the cities of Anna Maria and Holmes Beach already have emergency mask ordinances in place. The city of Bradenton Beach recommends masks but does not have a formal mask/face covering resolution, order or ordinance in place.
“This emergency resolution shall take effect immediately upon its adoption. This emergency resolution shall remain in full force and effect for so long as the local state of emergency for the COVID-19 pandemic remains in effect,” the resolution states.
Commission discussion
The county commission’s 4-3 request for a mask resolution and ordinance occurred during the discussion of ongoing issues relative to the COVID-19 emergency as the final agenda item for the commission’s Wednesday, July 22 land use meeting.
Chief Assistant County Attorney Bill Clague told commissioners if they wished to pursue a countywide mask mandate, he recommended it be based on the Leon County emergency mask ordinance that recently withstood a court challenge.
Leon County includes Tallahassee, where the state capital is located.
“From a legal standpoint, the best way to do this is by ordinance. The Leon example was an ordinance. Ordinances have the force of law in a way that resolutions and orders often do not. It carries with it greater weight with the courts as a legal requirement that everyone has to follow. If you decide to do this, the best model to use is the Leon model,” Clague said.
Before making her motion for a mask mandate, Commissioner Servia referenced the COVID-19 update Manatee County Public Safety Director Jake Sauer had provided a few minutes earlier.
“We heard from Jake that deaths are up 15% in the last 30 days. We heard that hospitalizations are up 159 in the last 30 days. The daily positive rate is over 10%. Hospitals are at near capacity, or at capacity, and the outlook for those hospitals doesn’t look to be improving,” Servia said.
“Today, as we sit here and talk, my stepdad is at Manatee Memorial Hospital dying in the COVID unit,” Servia said.
“We on the board all have a friend who is on a ventilator and in critical condition because of COVID,” she added.
“I don’t like to wear a mask, but I do it to keep people safe, and I do it to try and keep our businesses open. I really worry about our businesses,” Servia said, expressing similar concerns about restaurants.
In response to a question and suggestion from Commissioner Bellamy, Clague said the commission could first adopt a mask resolution and later adopt a mask ordinance.
Commissioner Whitmore mentioned a letter the commissioners received from the Manatee County Medical Society which was signed by more than 100 local physicians seeking a countywide mask mandate.
In reference to an ordinance requiring 10 days’ notice, Whitmore said she just received a text from one doctor that said, “10 days is more deaths.”
Commissioner Trace suggested Sheriff Rick Wells attend Monday’s meeting and provide his input. When a mask mandate was previously discussed in late June, it was noted Wells opposed a mask mandate and did not think it was enforceable.
“We need to recognize it’s up to law enforcement how aggressively they want to enforce something like this. Typically they build in some time for people to come into compliance,” Clague noted.
Commissioner Steve Jonsson was the only commissioner who participated in Wednesday’s meeting remotely rather than in person.
Chief Assistant County Attorney Bill Clague provided his legal insight on the commission’s pursuit of a mask mandate. – Joe Hendricks | Sun
“The businesses have to help us, and I think it’s their responsibility as private entrepreneurs. I don’t think it’s the government’s responsibility to dictate what we should be doing to prevent people from doing stupid things. I don’t personally believe that a face mask is 100% protective. You’ve got to do a lot more than just a face mask,” Jonsson said.
In response, Commissioner Benac said, “Steve, everything you’re saying about personal decisions makes so much sense, but we have to deal in reality. I think we have to take leadership. Why? Because I’ve heard from my constituency. The vast majority of people want us to do something. I don’t think anything the government is going to do is going to propel people who think it’s their right to not wear a mask to wear a mask. But I think the government is supposed to provide leadership. That is our job.”
During Wednesday’s meeting, several people spoke in favor of and in opposition to a countywide mask mandate.
Public support
David Klement, a 45-year county resident, spoke first.
“To Commissioner Jonsson, who said it’s not our role to prevent people from doing stupid things, I would say it is exactly your role. Preventing stupid people from doing stupid things saves my life. Why do you have a speed ordinance in a school zone? Why do we have a seat belt law? People of my generation are 80% more likely to have complications and die from one exposure. That is why we need an ordinance,” he said.
Bradenton resident and retired nurse Linda Crepeau said she was recently afraid to enter a local UPS store to return a package because there were six people, including the clerk, inside that limited space who were not wearing masks.
“I could not go safely into the store. There was no way for me to socially distance. I’m depending upon our government to stand up and require mandatory masks for all businesses in Manatee County,” Crepeau said.
Recently retired school nurse Mary Ann Jensen said, “On Saturday and Sunday when we’re all at home, your health care professionals will be in the hospitals watching people die, many of them alone. And all they’re asking for is your support. Please give us an ordinance because it does help.”
Impact on elections
Manatee County Supervisor of Elections Mike Bennett pleaded with the commission to enact a mask mandate before the county election in August – to be followed by the general election in November.
Manatee County Supervisor of Elections Mike Bennett said he needs a countywide mask mandate before the August elections. – Joe Hendricks | Sun
“I cannot stop somebody from coming into my office and saying, ‘No, I’m coming in without a mask.’ What am I going to do? Am I going to suppress the vote? I’m not. I’m going to say the Manatee County commissioners decided they were going to suppress the vote because they weren’t going to pass an ordinance that would allow me to keep my people safe,” Bennett said.
Bennett said he’s already reduced the number of voting precincts for the August elections from 70 to 60 and he’s prepared to go to 55 if needed.
“We’re having such a hard time getting clerks and poll workers for the elections. Yesterday, I closed the precinct at Freedom Village – all senior citizens, the smallest one we’ve got – because I don’t have a clerk. I need your help. I need that ordinance,” Bennett said.
He cautioned that the absence of a mask mandate could lead to the lowest voter turnout Manatee County has ever experienced.
“I have lost close to 50% of the clerks for the elections in Manatee County who are refusing to come because Manatee County doesn’t have an ordinance to make it safe for them. If you want a good election, let’s not suppress the vote. Give me all the help I need,” Bennett said.
Public opposition
When expressing her opposition to a mask mandate, Bradenton resident Andra Griffin questioned why all 403,553 residents of Manatee County – according to the 2019 census – would be forced to adhere to mask guidelines when less than 2% percent of the county’s population has tested positive for COVID-19.
Bradenton resident Andra Griffin opposes a countywide mask mandate. – Joe Hendricks | Sun
Griffin also referenced a warning label that appears on a box of disposable face masks and said, “It clearly states these masks do not prevent COVID-19.”
Mixon Fruit Farms owner Janet Mixon said she and her staff use UV wands to sanitize the fruit farm’s indoor public spaces, but masks are not required.
“We don’t make it mandatory. Some of our people wear masks. Some of the people coming in wear masks. At some point, we all have to make our own decision. We have to decide what keeps us safe,” Mixon said, noting that wearing a mask for a long time gives her a headache.
“Let us make our own decisions. If you start doing stuff like this, we just don’t know when it’s going to end,” she added.
County Commission candidate James Satcher said, “This is a solution looking for a problem. The free market and businesses are already making their rules. I may not like their rule, but I don’t argue that they have the right and the ability to do that. I can take my business elsewhere. Government’s different. We have a responsibility to uphold personal freedoms and the Constitution and that’s why we should not pass this ordinance.”
Additional commission comments
After public comment, Servia said, “Masks are not the silver bullet. Please don’t think that I think that those masks are going to make this virus go away. It’s not. We need to socially distance, we need to hand wash, we need to avoid large crowds. It is another tool, a simple thing that’s going to help keep this community safe.”
Commissioner Vanessa Baugh recommends mask wearing but does not feel the county commission should make it mandatory. – Joe Hendricks | Sun
Commissioner Baugh said, “I don’t think that’s what we need to be doing as a government entity. America is a free country. We have the right to make our own decisions and to stand by them. We have personal responsibility that does comes into play. I wear a mask. My husband wears a mask. I recommend it highly – and I think the key word is ‘recommend.’ ”
MANATEE COUNTY – County officials and the Manatee County Health Department are trying to address a critical shortage of (COVID-19) specimen collection kits.
On Tuesday, Manatee County Commissioners authorized County Administrator Cheri Coryea to spend up to $100,000 to purchase up to 1,200 COVID-19 test kits and the personal protective equipment needed to administer those tests.
Using $100,000 of the county’s $6.5 million emergency disaster fund, Manatee County is now trying to directly purchase coronavirus test kits without going through the state government.
Public Safety Director Jake Saur said the county had already submitted a request to the state for 600 testing kits, in addition to the 1,200 test kits Coryea is now authorized to purchase.
While Tuesday’s meeting was in progress, Commissioner Carol Whitmore reached out to Florida Sen. Bill Galvano.
“I texted Bill Galvano while we were sitting here and told him that we can’t get testing kits. He told me he was on it. He called with the EOC Director (Florida Division of Emergency Management Director Jared Moskowitz) on conference call and asked what we were missing. I told him we needed collection kits. He said the collection kits are on their way,” Whitmore said while participating in the virtual meeting from her home.
Commission Chair Betsy Benac said she recently emailed Galvano as well.
“Great job Carol. That’s great news,” Commissioner Misty Servia said.
Later in the meeting it was learned that 300 test kits would be coming from the state that day and they would likely be used for a second round of drive-thru testing at the Bradenton Area Convention Center in Palmetto.
“Our goal today is to get to the state level of 1% tested over the next seven days. Another 1,200 tests will get us to that goal and continue to raise that percentage locally,” Coryea said.
Benac said she was concerned that Manatee County has the fourth-highest mortality rate in Florida.
“We know local numbers are going to keep going up. People have got to respect the fact that we cannot be together. We cannot congregate yet. The advice is clear. We need to do more testing,” she said.
Saur said COVID-19 cases and deaths are flattening statewide but still trending upward in Manatee County.
“The state of Florida currently has 823 fatalities and of those, 33 have been within Manatee County. This compares to 686 for all of Florida and 20 for Manatee on Friday afternoon, which results in an increase of fatalities of 65% for Manatee County since Friday,” Saur said.
Saur said Manatee County had 312 positive reported COVID-19 cases on Friday afternoon and 431 positive cases as of Monday evening, which he noted was a 38% percent increase during that short span.
Mixed messaging
Servia asked Saur about the messaging coming from the federal government.
“I watch the President’s press conference every single night and last night I heard Vice President Pence say we have enough tests, the state governors have plenty of tests and we can begin phase one reopening the country. I’m confused. Why are we hearing that message? I talked to Kevin DiLallo this morning, from Manatee Memorial Hospital. I said do you have enough tests? He said absolutely not, we are so short on tests. He said the labs are also very short on tests. They cannot properly test people, including the frontline people. I’m just trying to understand why there are two different messages,” Servia said.
In response, Saur said, “We placed an order today for 600 testing kits within the state, but the overall message from the state Emergency Management Office is there’s no tests. I can’t speak for the federal government at all. I can only speak for our dealings within the state government, and no, we are not getting ample tests.”
Testing shortages
Saur said about 1% of Florida’s population has been tested and approximately one-sixth of 1% (.006%) of Manatee County’s population has been tested.
During Friday’s emergency county commission meeting, Saur was asked about reaching a 10% testing threshold in Manatee County.
“I can tell you 10% for our county would be about 46,000 tests. That is not going to be possible prior to beginning to open up and getting back to work,” Saur said.
Servia asked Saur why Manatee County has had so many fewer tests than Sarasota County.
“We know the state of Florida has run out of tests. Since we last saw our 200 tests we used for our drive-thru (testing) the State of Florida has sent us more tests. However, we were told we could not use them and all of the information on all those tests were in Chinese,” Saur said.
Saur said the tests marked with Chinese language were not FDA-approved.
On Friday, Saur said MCR Health in Manatee County has purchased its own tests and is providing COVID-19 testing for those who meet the testing criteria. He said those with a prescription from their personal health care provider and those without a prescription can be tested at an MCR Health facility.
“MCR has plenty of tests,” Saur said.
On Tuesday, Coryea said it costs $107 to get tested at a local MCR Health facility and part of that amount covers the lab fees. She said there is a co-pay for those with health insurance and a sliding cost scale for those without insurance. It was also noted that it costs between $50-$60 to purchase each test.
Saur said tests conducted with test kits received from the state must be done at no cost to the person being tested – including those conducted at the county’s drive-through testing facility.
Dr. Jennifer Bencie, of the Manatee County Health Department, said the health department returned to the state the 150 unusable test kits marked with Chinese language.
MANATEE COUNTY – This morning, Manatee County Commissioners voted 4-3 to lift the county curfew enacted on April 3 and extended on April 10 and April 17.
The curfew has been in effect from 11 p.m. to 5 a.m. daily. Travel during that overnight timeframe was supposed to be restricted to the essential businesses, services or activities set forth in Gov. Ron DeSantis’ Executive Order 20-91, which some public officials refer to as a “stay-at-home” order. That order is currently scheduled to expire on Thursday, April 30 unless it is lifted early or extended.
During today’s meeting, Commissioner Priscilla Trace made the motion to lift the controversial and much-debated curfew. Commissioners Vanessa Baugh and Steve Jonsson supported Trace’s motion to end the curfew. Commissioners Reggie Bellamy, Misty Servia and Carol Whitmore opposed the motion. Voting last, Commission Chair Betsy Benac cast the deciding vote to lift the curfew.
In doing so, it was noted that Manatee County is among the highest in Florida in terms of COVID-19 cases and the county has not yet hit its anticipated peak, which is now expected during the week of May 3.
“We’re removing the curfew, but I would like to focus on the sense of responsibility individually in making sure that you’re protecting yourself, making sure you’re protecting your loved ones and be mindful of social distancing,” Bellamy said.
He then said lifting the curfew does not mean it’s “time to party” or time to start engaging in late-night activities.
“COVID-19 is out in front of us. We have a lot of unanswered questions and the best that you can do is mask up and emphasize social distancing,” Bellamy said.
“I agree 100%,” Benac said. “This was not a message to anyone to let up on the gas, to let down your guard. The fact of the matter is we haven’t hit our peak. We need to continue to try to slow the spread so we don’t have a long plateau because that would be very bad for our community.”
It was noted that Gov. Ron DeSantis’ essential services (“stay-at-home”) order remains in effect until Thursday, April 30 unless he lifts it or extends it.
The countywide state of local emergency remains in effect. So does the countywide burn ban, which allows residents to have fires in their home fire pits.
Test kits expected today
During today’s meeting, the commission authorized County Administrator Cheri Coryea to spend up to $100,000 to purchase COVID-19 test kits and the Personal Protective Equipment needed to administer the testing. The money will come from the county’s $6.5 million emergency disaster fund.
Trace noted each test kit currently costs $61 per test to purchase and she anticipates that cost to continue increasing.
The county requested 300 tests from the state and during the meeting Public Safety Director Jake Saur was informed that the Manatee County Health Department would be receiving those 300 tests later today.
Saur said those tests would likely be used for a second round of drive-thru testing at the Bradenton Area Convention Center in Palmetto.
Commissioner Vanessa Baugh asked about the cost to get tested.
Saur said any tests conducted with test kits received from the state must be done at no cost to the person being tested.
Coryea said it costs $107 to get tested at a local MCR Health facility. She said there is a co-pay for those with health insurance and a sliding cost scale for those without insurance.
The commission will meet again at 2 p.m. on Tuesday, April 28 to discuss any new developments or actions required as the county response to the pandemic continues.
Manatee County COVID-19 cases
According to the Florida Department of Health’s COVID-19 Data and Surveillance Dashboard, Manatee County has thus far had a total of 435 reported COVID-19 cases, 84 hospitalizations and 34 reported COVID-19-related deaths as of early this afternoon.
As of this afternoon, Manatee County has the 10th-highest number of reported cases in Florida, and 318 of those COVID-19 cases are in Bradenton.
Also as of this afternoon, there are 128 reported COVID-19 cases and 14 deaths among residents or staff members at long-term care facilities in Manatee County, which is the fourth-highest in Florida in those two categories.
Florida has 27,495 reported positive cases and 839 reported COVID-19 deaths.
Anna Maria Island cases
As of today, there were no reported COVID-19 cases in the city of Anna Maria.
According to FDOH’s afternoon daily data report, there are still only two reported cases of on Anna Maria Island – one past case in Bradenton Beach and one past case in Holmes Beach.
The Holmes Beach positive case was reported by the Florida Department of Health on April 2. FDOH reports do not include the names of those who test positive or negative for COVID-19.
According to an April 2 story in the Grand Haven (Michigan) Tribune, Megan Sheehan told the publication that her 68-year-old father, Bradenton Beach resident Tom Sheehan, died on March 29 while being treated for COVID-19.
The Grand Haven Tribune story notes Sheehan suffered from asthma, COPD and diabetes and went on a cruise even though family members warned him not to because of the unfolding coronavirus crisis.
Zip code hot zone
On Friday, Manatee County Public Safety Director Jake Saur said the 34208 zip code in Manatee County had the highest number of reported cases per zip code in the Tampa Bay region.
As of Tuesday afternoon, the 34208 zip code had 140 reported COVID-19 cases. That zip code encompasses portions of Bradenton, Ellenton, Samoset, south Bradenton and west Samoset.
Complete and regularly updated county-by-county and zip code specific COVID-19 data can be found at the FDOH COVID-19 Dashboard.
MANATEE COUNTY – On Friday afternoon, Manatee County commissioners voted to enact a temporary countywide curfew that took effect at 11 p.m. Friday night and remains in effect until further notice.
The countywide curfew prohibits non-essential travel – travel that is not for food, medicine, essential supplies or employment – between 11 p.m. and 5 a.m. seven days a week.
The commission majority approved the curfew as an additional measure to prevent the spread of the coronavirus (COVID-19).
Commissioners Betsy Benac, Reggie Bellamy, Misty Servia, Priscilla Trace and Carol Whitmore supported the curfew.
Commissioners Vanessa Baugh and Steve Jonsson and opposed the curfew. Baugh and Jonsson said they did not think the curfew was necessary. They felt Gov. Ron DeSantis’ Executive Order 20-91 – which took effect Friday morning and pertained to essential and non-essential businesses and services – provided law enforcement with all the enforcement powers they needed.
Manatee County Sheriff Rick Wells and Manatee County Public Safety Director Jake Saur requested the curfew. Mayors and local law enforcement agencies throughout Manatee County also requested the curfew during a previous emergency operations policy group meeting.
What it means
The curfew prohibits non-essential travel – travel that is not for food, medicine, essential supplies and employment – between 11 p.m. and 5 a.m. seven days a week.
The curfew was enacted by the commission majority’s adoption of Manatee County Resolution R-20-053.
According to the resolution, “A curfew is hereby established, effective immediately, for all of Manatee County. All pedestrian and vehicular movement, standing and parking, except for:
(a) persons commuting to and from places of employment;
(b) the provision of fire, police, emergency and hospital services;
(c) the transport of medical patients;
(d) utility work;
(e) state and local government employees and officials providing services;
(f) emergency calls by physicians;
(g) food delivery services;
(h) and walking of domestic animals are allowed during curfew hours.”
According to the county resolution, “Social gatherings of 10 or more people that do not constitute essential services or essential activities as those terms are defined in the Governor’s Executive Order 20-91 are prohibited.”
According to the county resolution, “The prohibitions set forth herein shall embrace all publicly owned property, all public spaces and all privately owned property (excepting the interior space of residences) within Manatee County, including all municipalities within the county, excepting the Town of Longboat Key.
According to the resolution, “The restrictions set forth herein shall remain in place until such time as terminated by the Board of County Commissioners or seven days from the effective date of this resolution, whichever is sooner.
“Notwithstanding, the foregoing, the chairperson (or in her absence, any vice-chairperson) of the Board of County Commissioners, after consultation with the Director of Public Safety (or in his absence, the Emergency Management Officer) is empowered to extend the period of the prohibitions declared herein, in seven-day increments, by memorandum,” the resolution says.
County Commission Chairperson Betsy Benac led the discussion and decision making on the proposed curfew. – Joe Hendricks | Sun
“Any person violating any provision of this Emergency Resolution is guilty of a misdemeanor of the second degree, punishable as provided in Section 252.50, Florida Statutes,” according to the resolution.
Enforcement powers
Late Friday afternoon, Manatee County issued a press release pertaining to curfew.
“Under the supplemental local emergency resolution, Manatee Sheriff’s Office and municipal police department officers now have the ability to issue citations to anyone not in compliance with the Governor’s Executive Order 20-91 & 20-92,” according to the press release.
“Law enforcement will now also have the ability to cite outside group gatherings on private property. Under Florida Statute 252.50, those who violate the State Emergency Management Act are guilty of a second-degree misdemeanor and can be served a notice to appear order,” according to the press release.
During Friday’s meeting, Wells and Saur told the commission the curfew would protect law enforcement officers and first responders who face a critical stretch in April as COVID-19 cases are expected to climb steadily in Manatee County and throughout the state of Florida.
The press release notes the curfew also gives law enforcement agencies the ability to enforce group gathering restrictions on private property, in conjunction with Governor DeSantis’ Executive Order 20-91 & Executive Order 20-92.
Curfew request explained
“We’re at a pivotal point to make a difference and to flatten the curve,” Saur said. “I do believe with a curfew, the public should know they shouldn’t be out on the roadways. The curfew is a time when you should be at home.”
Saur said several EMS staff have already needed to be quarantined because of accidental exposure to COVID-19. He voiced concern that as the virus continues to spread, law enforcement officers and other first responders will become depleted by sickness or quarantine. For that reason, he said additional local restrictions are needed now.
“We are receiving an average of 100 COVID-19 calls a day. Each coronavirus call takes two hours to complete. At night and on weekends, other medical emergencies still occur, like trauma, people having accidents. That still occurs every day and every night,” Saur told the commission.
The county’s press release notes the commissioners were leery of infringing on personal freedoms, but ultimately voted 5-2 to approve the resolution in an effort to prevent the spread of the coronavirus and to protect first responders.
“I want to make sure everyone’s civil liberties are protected but we could argue that COVID-19 has already led to some restraints on our civil liberties when you think about the travel ban and the quarantine,” Commissioner Misty Servia said.
“The public should realize we take this very seriously but we’re doing the best we can in extremely bad times,” Commissioner Priscilla Trace said.
“Before today’s action, local COVID-19 restrictions were only enforceable on public property such as public beaches and public boat ramps. County and city officials say the public has largely heeded those restrictions, but group gatherings at private residences – such as vacation rental homes, recreation centers and event halls – continue to pose a public health risk,” the press release said.
State-mandated boat ramp and marina restrictions
During Friday’s meeting, Assistant County Attorney Bill Clague also addressed the impact DeSantis’ essential services order, Executive Order 20-91, now has on Florida’s boat ramps and marinas.
Assistant County Attorney Bill Clague explained the impact Governor Ron DeSantis’ essential businesses and services order has on boat ramps and marinas. – Joe Hendricks | Sun
“It’s very difficult to understand how it works because the governor’s order is challenging. There’s Miami-Dade (County) orders attached to it and those orders reference other orders that are not attached to it. Right now, the governor’s order does require privately run boat ramps and marinas to be closed, with the exception for commercially licensed saltwater fishermen. That wasn’t the case until this order was issued, but now they are closed, along with the public boat ramps. It’s very hard to find, you have to dig for it to understand what’s going on,” Clague told the commission.
The governor’s executive order does not prohibit boating or fishing, nor does the county curfew.
City Administrator Cheri Coryea said the two county-owned golf courses would remain open and private golf courses can also remain open. But it was noted that golf course clubhouses and country clubs are not allowed to sell alcohol for consumption on-premises and their restaurants and kitchens are limited to takeout and delivery food service only, as our all Florida restaurants at this time.
Friday’s county commission meeting can be viewed on demand on the county’s YouTube channel.
MANATEE COUNTY – Manatee County commissioners announced that the county boat ramps will close on Thursday, March 26 at an emergency meeting today.
Several other coronavirus (COVID-19) related measures were also taken and discussed during Tuesday’s meeting.
Commission Chair Betsy Benac was the only commissioner to attend the meeting in person. The other commissioners participated remotely.
The county issued a press release soon after the virtual commission meeting concluded.
“In an effort to further curb public gatherings on popular beaches and to protect citizens during the COVID-19 public health crisis, Manatee County officials today announced that beach access will be restricted at Beer Can (Greer) Island beginning Thursday, March 26 at 6 a.m. Additionally, county and city-owned boat ramps will close temporarily beginning Thursday, March 26 at 6 a.m. All Manatee County beaches remain closed. Only commercial fishing operations — those with a U.S. Coast Guard Six-Pack Captain’s License and a commercial fishing license — may use Coquina South boat ramp,” the county press release said.
These boats gathered near Jewfish Key, near Bradenton Beach and Longboat Key, on Sunday factored into the decision to close the county boat ramps. – Joe Hendricks | Sun
During the emergency meeting, Director of Public Safety Jacob Saur said local first responders and healthcare workers are in short supply of personal protection equipment (PPE) and asked community businesses to help by donating unused N-95 masks, surgical masks and gloves. Businesses interested in donating these items are asked to call 941- 744-3939.
During Tuesday’s meeting, Benac said, “It’s wonderful to get outside but you need to not congregate. Now is not the time to do it. We have to try, even in the short term. The only way we can slow this virus down is by not passing it along to one another.”
Manatee County Commission Chairperson Betsy Benac was the only commissioner to attend Tuesday’s meeting in person. – Joe Hendricks | Sun
According to the press release, County Administrator Cheri Coryea said county officials remain hopeful that public buildings, facilities and beaches will open sooner rather than later, but decisions on whether to prolong the closures will be made leading up to April 2, when the President’s initial 15 Days to Slow the Spread campaign expires.
According to the press release, the boat ramp closure applies to the county-owned boat ramps, along with the Holmes Beach boat ramp at Memorial Park and Palmetto’s Riverside Park boat ramp. Emerson Point Preserve will remain open but no vehicles or water vessels will be able to reach the sandy beach launch at the western end of the park.
County leaders stated that social distancing must be observed across the community.
MCAT’s Beach Express and Beach Connection service has been discontinued but the Anna Maria Island Trolley is still operating.
County commissioners extended a local state of emergency by seven days today at 9 a.m. The emergency declaration was one of two items on today’s agenda. The other was a resolution declaring a temporary burn ban due to “hot, dry, parched, drought and windy conditions,” according to the press release.
Under the seven-day temporary burn ban, Manatee County residents may continue to use outdoor cookers or grills as long as they are attended by a responsible adult at all times the unit is burning, cooking or otherwise in use. Fireworks, sparklers, flares, campfires and open burning would all be temporarily prohibited under the burn ban. Residents can expect the burn ban to be renewed weekly until the area receives enough rainfall to decrease the threat of brush fires, according to the press release.
Tuesday’s archived meeting can be viewed online and locally on Spectrum channel 644, Verizon channel 30 and Comcast channel 20.
For more information on Manatee County Government, visit the county website or call (941) 748-4501. You can also follow the county on Facebook and on Twitter @ManateeGov.
BRADENTON – Manatee County commissioners have deleted a 2017 development stipulation that gave the commission and the public the ability to review the Aqua by the Bay development plans after the first 750 residential units are built.
During the county commission’s Thursday, Feb. 6 land use meeting, commissioners voted 6-1 in favor of granting a request from developer Carlos Beruff and county staff to delete Stipulation A.17 from the stipulations included in the General Development Plan unanimously approved by county commissioners on Oct. 3, 2017.
No longer in effect, the stipulation said, “Subsequent residential dwelling units, upon completion of the first 750 residential dwelling units, shall require further approval by the Board of County Commissioners at a public hearing prior to, or as part of, preliminary site plan approval, in increments of 750 units or more.”
Commissioner Steve Jonsson made the motion to delete the stipulation and commissioners Vanessa Baugh, Reggie Bellamy, Betsy Benac, Misty Servia and Priscilla Trace supported his motion.
County Commissioner Steve Jonsson made the motion to delete Stipulation A.17. – Joe Hendricks | Sun
Commissioner Carol Whitmore cast the only opposition vote after asking the commission to continue the public hearing to a later date to amend and clarify the stipulation rather than delete it.
Formerly known as Long Bar Pointe, Aqua by the Bay is now being developed on a 529-acre property between El Conquistador Parkway and Sarasota Bay in unincorporated Manatee County.
Developer’s request
Attorney Ed Vogler represented Beruff and Aqua by the Bay at Thursday’s hearing. He noted the general development plan was unanimously approved by county commissioners in 2017 and later withstood a legal challenge from project opponents.
The 2017 approvals allow 2,894 residential units, including up to 16 high-rise condominium buildings between 76 and 95 feet tall. The approvals also allow 78,000 square feet of commercial space.
Vogler said deleting the stipulation would not change the approved land uses, the density or intensity of the project, the building heights or the building locations.
Vogler said the stipulation was confusing for the developers and for county staff because of the words “upon completion” that could be interpreted to mean the developers need 750 county-issued certificates of occupancy before additional preliminary site plans could be approved.
Vogler noted the county staff report submitted prior to the meeting expressed similar concerns and stated staff supported removing the stipulation.
Vogler said 1,112 residential are already in various stages of permitting and permitting review with county staff.
“The Aqua by the Bay project is going forward. It’s under development,” he said.
Commissioners’ questions
Whitmore asked Vogler who wrote the stipulation.
“I think it was a collaborative effort,” Vogler said.
It was later noted during public comment that Servia proposed similar but more detailed stipulation language in the Sept. 15, 2017 letter she submitted to county staff. At that time, before she was a commissioner. Servia represented Beruff and Aqua by the Bay while employed by King Engineering Associates.
Whitmore noted the developers have the right to build 2,894 residential units with or without the stipulation.
County Commissioner Carol Whitmore cast the only vote opposing the deletion of Stipulation A.17. – Joe Hendricks | Sun
“My intent when I approved this was that you would come back and submit another preliminary site plan to us,” Whitmore said of the vote for approval she cast in 2017.
“It wasn’t that you weren’t going to be able to get it approved, because you were, but to appease us as a board, to make sure everything was on the up and up – to oversee this a little tighter because of the environmental concerns that a lot of people have along Sarasota Bay,” Whitmore said.
Whitmore said the commission approval would not have been unanimous without the stipulation.
“Would you agree that all the stipulations, including number 17, got you the 7-0 vote?” Whitmore asked Vogler.
“Ultimately, yes. There were two commissioners that talked about A.17,” Vogler responded.
In 2017, then-commissioners Robin DiSabatino and Charles Smith shared Whitmore’s concerns about the lack of specific details contained in the general development plan.
Servia and Bellamy were not commissioners when the general development plan was approved.
Benac asked Vogler if the stipulation was added to comply with county code.
“There is no code requirement. To be brutally frank and honest, we were listening to comments made by commissioners and we were trying to fashion something that provided comfort and support at the time,” Vogler said.
“Your counsel warned you at the time,” Vogler said of the limited authority the stipulation provided the commission to review plans submitted for additional development phases beyond the first 750 residential units.
Benac said the stipulation seemed like a good idea at the time but it gives people false hope that there’s still an opportunity to stop the project after the first 750 residential units are built.
Commissioner Vanessa Baugh said she didn’t understand why the stipulation was included in the first place and Jonsson expressed similar sentiments.
Staff comments
Manatee County Principal Planner Stephanie Moreland said staff and the applicant were both requesting commission approval to delete the stipulation.
Manatee County Principal Planner Stephanie Moreland agreed the stipulation should be removed. – Joe Hendricks | Sun
“The stipulation is unclear and it’s not working under the procedures that we are familiar with. I’ve never seen one that says upon completion a project must return to the board. Currently, there are 446 units issued, 316 units are under review and staff has had a pre-application meeting for 350 to 353 units. If we’re waiting for the structures to be completed and then come back with a preliminary site plan we’re too late in the process,” Moreland said.
Public input
Public input given during Thursday’s meeting did not sway the commission majority’s final decision.
Speaking on behalf of several Cortez residents, former County Commissioner Jane von Hahmann mentioned the lack of specific details contained in the general development plan that allows for up to 16 high-rise condominium buildings.
“We didn’t have a visual. We had a general development plan and that bothered commissioners. It certainly bothered the public because we had no way of knowing where, other than in the yellow area or in the orange area, these buildings were going to be allowed to be placed,” von Hahmann said regarding the 2017 approvals.
Von Hahmann referenced the concerns Commissioner Charles Smith expressed in 2017 about approving a multi-phase development project that developers said could take decades to complete.
“He couldn’t see himself approving something that was 20 to 30 years out. He expressed concern that the board is responsible for approving buildings over 35 feet, but the number of buildings is uncertain,” von Hahmann said.
“We’ve never seen any of the preliminary site plans that have been approved. If staff has anything that can show what’s already being laid out, maybe there’s a comfort level from us that we walk away from the stipulation,” von Hahmann said.
No preliminary site plans were presented at Thursday’s meeting.
“If the stipulation is providing grief because it’s not specific enough, we would ask that you go back to the drawing board and make it more specific,” von Hahmann concluded.
“The bay is very vulnerable. I think it’s very important that we maintain any kind of examination process on a big project like this,” Sarasota Bay Estuary Program member Jim Eliason said.
“Go back to the drawing board. The public does want to keep an eye on this,” county resident Dan Young said when urging the commission to revise the stipulation instead of eliminating it.
Former Manatee County resident Barbara Angelucci read aloud comments prepared by her friend Shannon Larsen, who could not attend Thursday’s meeting, and she shared her own thoughts too.
Former Manatee County resident Barbara Angelucci expressed the views she shares with her friend, Shannon Larsen. – Joe Hendricks | Sun
“A stipulation is something specified to or agreed upon in common – an agreement between opposing parties during the course of legal proceedings, legally binding and part of the record. Manatee County Zoning Ordinance PDR/PDMU 15-10 was duly adopted by the board of county commissioners on Oct. 3, 2017. This ordinance contained a number of stipulations that were promised, agreed upon and signed by Manatee County officials. Now, some 29 months later, the applicant would break their agreement, break their promise and break their binding contract with the commissioners and the citizens of Manatee County through their concentrated efforts to delete this stipulation,” Angelucci said.
“If Stipulation 17.A is allowed to be deleted, this breach of promise will set a course of action that provides this applicant and any other applicant the freedom of determination to delete additional stipulations that they themselves agreed to and promised,” Angelucci said.
“A promise is a promise, especially when it was made after hours and hours of deliberate and difficult decisions with input from the applicant, the applicant’s attorneys, the Manatee Board of County Commissioners and the citizens of Manatee County who should be able to trust their commissioners to uphold their promises and agreements and not fold to the demands of wealthy developers,” Angelucci said.
Former County Commissioner Joe McClash said, “Just for the record, we’re not getting notices as a public when things are coming through like site plans. I know the county has abilities to do that and this is one of those commitments I thought was made at the hearings – that we would be notified as height plans come in. Either that or we have to check every single week to see if the county’s received a site plan, which isn’t right.”
In response to McClash, Public Hearing Section Manager Margaret Tusing said Aqua by the Bay site plans are not available at the county website but can be obtained by making a public records request.
This new building is the first to be built on the Aqua by the Bay property. – Joe Hendricks | Sun
Updated Sept. 18, 2019 | TAMPA – Robert “Bo” Benac, 30, of Sarasota, agreed to a plea deal this afternoon while appearing before Judge Mark Wolfe in the 13th Circuit Court regarding his participation in a much-publicized shark dragging incident in June 2017.
Benac, Michael Wenzel and Spencer Heintz were arrested on Dec. 12, 2017 on charges stemming from a videotaped incident involving a blacktip shark being dragged behind Wenzel’s boat in the Gulf of Mexico near Egmont Key, approximately two miles offshore of the city of Anna Maria.
A video showed the shark being dragged behind the boat.
Benac was originally charged with two third-degree felony counts of aggravated animal cruelty and one second-degree misdemeanor count of illegal method of taking a shark.
Represented by attorney Justin Petredis, Benac stood before Judge Wolfe this afternoon. Benac withdrew his previous not guilty plea and pled guilty to a reduced misdemeanor animal cruelty charge and to a misdemeanor violation of Florida Fish and Wildlife Conservation Commission (FWC) rules that prohibit speargunning a shark. A third-degree felony count for dragging a shark was dropped.
When accepting the plea agreement, Benac acknowledged he was giving up his right to a jury trial, which was scheduled to begin on Monday.
According to the plea agreement, Benac will serve 10 days in the Hillsborough County jail. He will serve that time on three consecutive weekends (Friday, Saturday and Sunday) and he receives credit for one day already served. Benac told the judge he would begin serving his jail time this weekend and Wolfe ordered him to appear at the Hillsborough County jail by 5 p.m. on Friday, Sept. 13.
Benac was placed on probation for 11 months and will be allowed to fulfill his probation terms in Manatee County, where he resides. Benac must serve 250 hours of community service, with at least 125 hours served at an animal shelter. He can serve the remaining 125 hours of community service in any other allowed fashion or buy those remaining 125 hours out at $10 an hour.
He also is required to participate in a psychiatric evaluation and any treatment as ordered.
In addition, Benac was ordered to pay $2,500 in court costs in lieu of a fine, and his fishing license is revoked for three years.
Per Petredis’ request, Wolfe agreed to withhold adjudication of guilt on both charges, meaning Benac was not technically convicted of either crime, which his record will reflect. Petridis also noted Benac has no prior criminal convictions.
Robert “Bo” Benac was fingerprinted before he left the courtroom Thursday afternoon. – Joe Hendricks | Sun
During the hearing, Assistant State Attorney Aaron Hubbard referenced the incidents that occurred aboard Wenzel’s boat on June 26, 2017.
“During that time a shark was caught by hook and line by Mr. Benac. Video recovered during the investigation showed Mr. Benac catching that shark with hook and line. While that shark was on hook and line, the video shows co-defendant Michael Wenzel using a handgun, firing on multiple occasions into the shark,” Hubbard said.
“There was testimony from Spencer Heintz, and photographs taken, that showed Mr. Benac harvested a shark using a speargun in violation of FWC rules,” Hubbard added.
Benac did not address the media after the hearing, but his attorney did. Petredis said they felt the plea agreement was the best route to take.
Petredis noted the animal cruelty charge pertaining to the actual dragging of the shark was dropped and shared his opinion that this was likely due to the shark already being dead, contrary to a criminal investigator’s report citing “a high probability the shark was alive while it was being dragged behind the boat.”
Co-defendant charges
Wenzel was charged with two third-degree felony counts of aggravated animal cruelty and one second-degree misdemeanor count of illegal method of taking a shark using a means other than hook and line, which is the only means allowed for catching a shark.
Michael Wenzel
In February, Wenzel accepted a plea deal that required him to serve 10 days in a Hillsborough County jail. He was placed on probation for 11 months, ordered to serve 100 hours of community service and pay a $2,500 fine, and his fishing license was revoked for five years.
Heintz was charged with two third-degree felony counts of aggravated animal cruelty, but those charges were later dropped.
Spencer Heintz
Nick Easterling was also on the boat that day, but he was not charged.
Criminal affidavit
According to the criminal affidavit filed in Hillsborough County in December 2017 by Investigator G. McCorkle, FWC received multiple complaints on July 24, 2017 regarding a video observed on Instagram and Facebook that showed a blacktip shark being dragged at high speed. Search warrants provided investigators with time and date stamped video and photographic evidence.
According to the affidavit, Wenzel, Benac, Easterling and Heintz departed from Wenzel’s waterfront home in Palmetto on June 26 and traveled west toward the Gulf of Mexico in a 22-foot boat.
The fates of two sharks are noted in the report.
“While fishing in state waters near Egmont Key, Benac shot a blacknose shark with a speargun. Heintz took a photo of Benac holding the speargun and Wenzel holding a gaffed blacknose shark with a spear completely through it. Wenzel video recorded Benac, Easterling and Heintz dancing on the bow of the boat. In the video, Benac is still in possession of the speargun,” according to the affidavit.
“Less than two hours later, Benac caught a blacktip shark on hook and line near Egmont Key. Heintz recorded Benac retrieving the shark. Wenzel shoots the shark one time with a .38 revolver. After the shark is shot, all occupants are heard celebrating. This video shows Wenzel shoot at the shark three times with a .38 revolver,” according to the affidavit.
“At 1714 hours (5:14 p.m.), the shark had been landed and Wenzel recorded it lying over the gunnel and tail roped. The occupants can be heard laughing while Easterling holds the rope. The next 10-second video recorded by Benac shows Wenzel operating the vessel. Benac records the shark as it’s dragged across the top of the water at high speed. As the camera pans, Heintz can be seen recording the same incident. Heintz’ recording is 30 seconds long. During both videos, all occupants can be seen and heard laughing. At the end of Heintz’ recording, Wenzel states, ‘I think it’s dead,’ ” according to the affidavit.
BRADENTON – Manatee County commissioners have approved removing 97 more Australian pines from the south Coquina Beach parking lot, bringing the total so far to 103, including six already removed earlier this month.
The approved phase one tree removals are part of the county’s two-phase Coquina Beach stormwater and drainage improvement project. The $3.1 million first phase plan includes paving all the unpaved access roads and parking areas in the south parking lots with pervious concrete, which will allow rainwater to drain through it and into an underground filtration system that discharges into Sarasota Bay and/or Longboat Pass.
The project also includes the construction of a Florida Department of Transportation-funded sidewalk along the west side of Gulf Drive.
These Australian pines along the south access road are among the 103 to be removed. Up to 129 more are being considered for removal. – Joe Hendricks | Sun
Commissioners Vanessa Baugh, Steve Jonsson and Misty Servia supported Commissioner Priscilla Trace’s motion to remove the trees at the Tuesday, June 18 commission meeting. At-large commissioners Betsy Benac and Carol Whitmore opposed the decision. Commissioner Reggie Bellamy was not present.
The adopted motion approves the removal of all 103 non-native Australian pines slated for removal in phase one and calls for their replacement with another unspecified type of tree. At Servia’s request, the amended motion includes a request for the creation of a landscaping plan as soon as possible.
The fates of approximately 130 more Australian pines slated for removal in phase two have not yet been determined. The adopted motion calls for the commission to reevaluate the phase two plans to determine if the project is extended to the center and northern parking lots, and if so, how many more trees will be removed.
Commissioner Priscilla Trace made the motion adopted by the commission majority. – Joe Hendricks | Sun
When making her motion, Trace said she doubted the commission would approve phase two.
The commission chose not to pursue an alternative plan that would have saved approximately 50 trees scheduled for phase one removal.
Commission comments
Whitmore, the commission’s only Island resident, made a motion to terminate the project. Her motion died without a second from another commissioner.
“Please listen to our community’s pleas – from the Island all the way out to Lakewood Ranch – to not change the character of our beaches,” Whitmore said.
County Commissioner and Holmes Beach resident Carol Whitmore tried to stop the project and save the trees. – Joe Hendricks | Sun
The meeting packet included 1,010 petition signatures that local Realtor Mike Norman and others collected in an attempt to save the trees.
“We did not know about the trees. It was never mentioned,” Whitmore said. “I respectfully ask that you find out from our legal counsel what it’s going to cost to cancel this contract.”
Benac then said, “I remember the workshop when we talked about pervious pavement. I honestly don’t remember voting to go forward with the project. I don’t know that we’ve ever seen a site plan that shows what’s happening at this site.
“Are we paving the whole thing? It’s not just about the trees. I’m concerned we’re going to have real pushback from people that are going to be horrified by us creating a Siesta Key-type parking lot,” Benac said.
County Commissioner Betsy Benac cast one of the two votes opposing the tree removals. – Joe Hendricks | Sun
“Yes, we’re proposing to pave every bit of parking area over time,” Butzow confirmed.
“If I had my way, I’d get rid of all the Australian pines,” Trace said, noting the commission approved an unrelated $300,000 three-year expenditure for exotic plant removals earlier that day.
“I don’t think we’re really changing the feel for that beach. I think they need to go, and we need to replant them with better shade trees,” Jonsson said.
Staff input
Newly-confirmed Public Works Director Chad Butzow, Project Manager Michael Sturm and Parks and Grounds Division Manager Carmine DeMilio explained the project in detail before the commissioners voted.
Public Works Director Chad Butzow addresses county commissioners, with Project Manager Michael Sturm joining him at the podium. – Joe Hendricks | Sun
“This is a stormwater drainage project that happens to include a parking lot because the drainage system is the parking lot,” Butzow said of the pervious concrete.
DeMilio said the project will address flooding issues that sometimes cause the parking lots to be closed.
The county spends $30,000 annually grading the unpaved surfaces to alleviate potholes, he said, adding that county staff spends significant time picking up fallen branches. He shared a photo of an Australian pine branch that recently landed on a parked vehicle.
Sturm said a certified arborist recommended the tree removals because the excavation for the paving would damage the trees’ shallow root systems. Sturm said raising the surfaces to be paved was discussed, but the arborist said burying the roots under 10 inches of topsoil would kill the pines.
Sturm said the arborist recently proposed an alternative that could save approximately 50 phase one pines designated for removal.
“He said I probably should have told you this in the beginning. What we can do is trim some roots and prune the tops so they’re not susceptible to the wind. It’ll take them about a year to recover, but in that time the roots will grow back and the trees will re-foliate, ” Sturm said.
“We were ill-prepared and we were well into the project when we discovered the trees were in harm’s way.” – Chad Butzow, Manatee County Public Works Director
Butzow said staff did not recommend the pruning option, but it could be done. The commission took no action on that option.
Butzow said the phase two plans call for the removal of 126 to 129 additional Australian pines, which would leave 76 percent of the existing pines still standing.
“Nothing’s being touched that is water-side of the walking trail,” Butzow said.
Sturm said phase two design revisions could save 80-90 percent of those trees: “It will take a little more work, but we can save the trees if that’s what you want to do.”
Butzow said the original plans only called for the removal of the 13 trees in direct conflict with the paving plans and that’s how the project was presented during a previous commission work session.
“We definitely missed on that one. We were ill-prepared and we were well into the project when we discovered the trees were in harm’s way,” Butzow admitted.
Butzow said the omission of a landscaping plan was also an error on his part.
Contact Manatee County commissioners by clicking on their names at the county website.
ANNA MARIA – Manatee County Commissioners Betsy Benac, Steve Jonsson and Carol Whitmore took a boat tour of the Anna Maria City Pier construction site Friday afternoon.
Using tourist tax and surplus beach concession revenues, the county is contributing more than $1.8 million in county commission-approved funds for the $4.8 million pier replacement project.
“I invited them because they are funding a good portion of this project and I wanted them to be in the know as to what’s going on with the pier construction effort,” Anna Maria Mayor Dan Murphy said before the commissioners arrived at city hall.
Murphy and Public Works Manager Dean Jones then provided the commissioners with a brief overview of the pier project. Seventy spun concrete pilings, 14 inches in diameter, have already been driven. Those pilings will support the T-end decking, restaurant, bait shop and restrooms – and all but five had been trimmed to their final height as of Friday afternoon.
From left, Mayor Dan Murphy and Public Works Manager Dean Jones provided commissioners Whitmore, Benac and Jonsson with a project update. – Joe Hendricks | Sun
Murphy said the next 15 pilings driven will support the section of pier walkway that will connect to the T-end platform and provide limited space for boats to dock along the southeast side of the pier.
The final 126 walkway pilings will be driven beginning near the shore and working outward. The piling diagram Murphy referenced listed April 26 as the anticipated pile driving completion date.
Concrete support platforms and wooden support bents will be placed atop the pilings and topped with Ipe wood planking.
Murphy also explained the anticipated, but not finalized, $500,000 contribution that pier tenant Mario Schoenfelder has been asked to make toward the interior buildout of the city-owned pier buildings that will be handled as a separate bidding and construction phase. The new pier is expected to open to the public by the end of 2019.
Boat tour
Departing from the dock at the nearby Historical Park, the commissioners rode aboard the i+iconSoutheast work boat piloted by Project Engineer Kurt Johnson, with Project Director Paul Johnson serving as tour guide.
The commissioners got a close look at the pilings already driven approximately 30 feet into the ground using jet pumps and a diesel hammer. Kurt Johnson said the water at the T-end of the pier was about 10 feet deep.
These are among the 70 pilings that will support the restaurant, bait shop and restrooms at the pier’s T-end. – Joe Hendricks | Sun
Before returning to shore, the commissioners shared their comments.
“I’m impressed. They’ve got a good team and the city did a good job so far. It looks great,” Whitmore said.
“I think it’s great to finally see it coming to fruition. I look forward to seeing the finished product,” Benac said.
“It’s going to be great for Anna Maria and Manatee County when it’s finished,” Jonsson said. “We all kind of grew up around here coming out to the pier with our kids, and now our grandkids, to show them the beauty of Anna Maria, the Gulf of Mexico and Tampa Bay.”
Whitmore said the pier has historically been Manatee County’s number one tourist attraction and images of the pier are featured in the marketing materials the county distributes worldwide.
“It’s great that it’s being built to all the new design standards. We’re having more storms, so it’s great to have this level of improvement that will hopefully withstand those storms,” Benac said.
The pier funding is a collective effort involving the county, the city, the state Legislature and the Federal Emergency Management Agency (FEMA).
“It’s a partnership. It couldn’t all be built by one entity, but if we all chip in we can get it done,” Benac said.
“It’s a great tourist attraction. We collect that TDC money (the county’s 5 percent tourist tax) from everybody out here and it’s a way of giving it back,” Jonsson said of the county’s contributions.
“It’s part of the history of the county and Anna Maria Island. This is where the original visitors to Anna Maria Island used to arrive on a steamship,” Whitmore said of the original pier built in 1911 and 1912.
