BRADENTON BEACH – Police Chief and Public Works Director John Cosby outlined the challenges the city faces with the anticipated receipt of approximately $500,000 in hurricane-related FEMA reimbursements.
“FEMA (Federal Emergency Management Agency) is giving us pushback on six things they’ve just flatly denied, so we’re in the process of filing an appeal,” Cosby said during the Jan. 15 city commission meeting. “The appeal letters have already been sent.”
Cosby said eight additional claims are going back to FEMA for errors and omissions review.
“We didn’t agree on the language and some of the scope of work that was done,” he said.
He said he was unsure how long the appeals process could take.
“They’re backed up and everybody is having issues, so there’s been a lot of appeals filed,” Cosby said. “It generally takes about 18-24 months and we’ve got $500,000 on the line. We utilized 70% of our reserves in order to recover (from the 2024 hurricanes).”
Cosby stressed that when the next budget is determined, the city has to be cognizant of putting more money into the reserve fund to prepare for storm events.
“We know at $2.3 million we were able to handle back-to-back hurricanes without borrowing,” he said. “Shayne (City Treasurer Shayne Thompson) did secure a $5 million line of credit and we’re going to renew that in April.”
Cosby said the city was fortunate because some of the contractors generously waited for payment, without charging a late fee, until ad valorem property tax revenues came to the city at the beginning of the year.
“That helped us not to have to borrow money, so we’re grateful for that. Again, we did very well financially with the money we had to still shell out, but we’ve got to get that back,” he said.
“The reason this happened was we thought that it would happen a little quicker,” Cosby said. “We do know that a lot of people are still fighting their insurance company for payments and it’s hard to get contractors, but there are a number of permits that have come in. I believe there’s 10 major developments in process. So, not this next budget year, but the budget year after, when the tax money starts coming in 2027, we should be good again.”
After the meeting, Thompson said there is some disparity between the city and FEMA for the cost of some repairs.
“If we say a road took $100,000 to fix, FEMA might be saying $13,000,” Thompson said.
He said a “healthy dent” has been made in the city’s reserve fund, but the city was fortunate to have the funds in reserve.
“The million (dollars) is the big bucket. The $500,000 has been obligated; they’ve agreed to it,” Thompson said. “The state has looked at it, now it’s in financial services for the state to issue the check. There’s $500,000 now that’s being disputed.”
BRADENTON BEACH – Hurricane recovery, city staff changes and Pines Trailer Park’s existence marked 2025 in Bradenton Beach.
Pines
Pines Trailer Park residents received city approval to repair their hurricane-damaged mobile homes but on Jan. 4, park ownership, Pines Park Investors LLC, stated that the park will be closed.
Pines residents asked the city on Feb. 20 to deny any future land use or zoning change requests for the Pines Trailer Park by Pines Park Investors LLC or its manager, Shawn Kaleta. City Attorney Ricinda Perry said at a Jan. 16 Community Redevelopment Agency (CRA) meeting that the property owner had confirmed the planned redevelopment of the parcel.
The Pines Trailer Park Homeowners Association (HOA) Inc. filed a lawsuit against Pines Park Investors LLC in part to stop evictions and the park’s closure. On Aug. 8 the suit was dismissed pending a confidential settlement agreement allowing residents to remain at the park for an undisclosed length of time.
106 23rd Street N.
With 85% of a building project completed under a 2024 city permit, a stop work order was issued at 106 23rd St. N. by city Building Official Bill Palmer, who said the prior permit for the two-story addition was approved in error by the previous building official. After discussion at five city commission meetings, commissioners reached a compromise solution and approved a special use permit for the property.
Turtles
With the loss of sand dunes from Hurricanes Helene and Milton last year, Anna Maria Island Turtle Watch and Shorebird Monitoring Executive Director Kristen Mazzarella expressed concern about a possible increase in sea turtle disorientations.
“Without dunes as a barrier, hatchlings and adult sea turtles that head towards artificial light may find their way into the road,” Mazzarella said
Hay bales were placed along beaches to mimic dunes.
Turtle release
Hundreds of onlookers gathered at Coquina Beach on June 23 for a scheduled loggerhead sea turtle release. The sea turtle, named Winnie, had laid her nest earlier that day and was outfitted with a satellite tag prior to her release. She participated in the Sea Turtle Conservancy’s Tour de Turtles race and finished in 10th place.
Green turtle record
Anna Maria Island Turtle Watch and Shorebird Monitoring celebrated green turtles breaking their 2023 record of 12 nests on Anna Maria Island.
“We now have 13 green turtle nests on the Island and hope to get even more before nesting season comes to a close,” Turtle Watch Executive Director Kristen Mazzarella wrote in a July 25 email.
The majority of turtle nests on Anna Maria Island are laid by loggerhead sea turtles.
Building official termination
The city suspended the contractual services of Building Official Darin Cushing on Jan. 22 pending discussion at an upcoming city commission meeting.
Mayor John Chappie did not give a reason for the suspension, but the city had been at odds with Cushing over his approval of a permit for the tiki hut at Drift-In on Bridge Street.
On Jan. 21 Cushing had posted on Facebook, writing in part: “They’re trying to take me out to bend over for developers. I will not compromise my integrity or my license.”
Chappie read aloud a memo at a Feb. 20 city commission meeting addressing the job performance of Cushing, outlining what the city said were deficiencies in his performance.
Bill Palmer, the city’s new building official, began work on March 5 and laid out a timeline as he stepped into his new role.
“My initial focus as building official will be reviewing the permits we have in backlog for storm-related repairs so people can get back into their homes and then work on new construction permits,” Palmer wrote in an email to The Sun.
Drift-In tiki bar
The construction of a tiki hut at the Drift-In bar triggered a major development application.
City Attorney Ricinda Perry said at a Jan. 16 city commission meeting that a permit approved by Cushing for the construction should not have been issued based on the city-owned easements on the property, as well as the size of the new tiki structure. She said the project should be classified as a major development and must undergo a public hearing process.
Drift-In celebrates 100 years in Bradenton Beach after undergoing major development process and easement exchange with city following construction of a larger tiki hut. – Leslie Lake | Sun
Commissioners unanimously approved the Drift-In’s major development application on April 8.
The Bridge Street bar reopened, at least temporarily, pending city review, on April 4.
City commissioners unanimously approved an amended easement agreement at a July 17 meeting.
In October, the Drift-In celebrated 100 years in Bradenton Beach
Bungalow Beach
Bungalow Beach Resort owner Gayle Luper filed a lawsuit against the city after commissioners denied her a permit to offer paid parking through the use of a resort pass.
Commissioners questioned paid public parking through the purchase of a resort pass, saying the beachfront bungalows at 2000 Gulf Drive N. had been destroyed during Hurricane Helene.
During a quasi-judicial hearing on the application on April 17, City Planner Luis Serna recommended denial of the application and city commissioners denied the paid public parking lot application. They allowed a temporary use permit allowing only Luper, resort guests and employees to use the lot daily until 9 p.m.
Luper appealed the decision at a July 19 quasi-judicial hearing. Special Master Marisa Powers later ruled that she, as the special master, did not have jurisdiction to override the city’s ruling.
Attorney retires
City Attorney Ricinda Perry’s 21-year tenure as the Bradenton Beach city attorney came to an end on Sept. 18 when she announced her immediate retirement at a city commission meeting.
City Attorney Ricinda Perry placed several document binders in front of Commissioner Deborah Scaccianoce when announcing her resignation. – Joe Hendricks | Sun
She made the announcement two days after city commissioners met to evaluate her performance following allegations that she had named Drift-In owner Derek Williams as the source of a Florida Department of Environmental Protection (FDEP) complaint against a neighboring business, the Anna Maria Oyster Bar.
In response to Williams’ public records request, FDEP confirmed that no complaint had been filed, which triggered a Sept. 16 work meeting. At that meeting, the commission granted Perry’s request to allow her more time to respond to the allegations.
New city attorney
In October, the mayor and commissioners appointed then-Holmes Beach City Attorney Erica Augello to serve as the Bradenton Beach city attorney on an interim basis for up to six months or until a permanent replacement for selected. At year’s end, Augello was no longer serving as the Holmes Beach city attorney and she may be considered as Bradenton Beach’s long-term city attorney in 2026.
Changes in officials
Ward 4 Commissioner Jan Vosburgh decided in August not to run for another term. Her seat remains open pending applications from interested parties.
Fred Bartizal was chosen as the new chairman of the Planning and Zoning Board at the board’s Nov. 5 meeting. Bartizal, owner of the Bridge Tender Inn, succeeded former chair Bill Morrow.
BRADENTON BEACH – At the request of the Planning and Zoning Board, Building Official Bill Palmer updated the board on building department activities and outlined multiple items to be prioritized and addressed at a Nov. 5 meeting.
“There are important items that need to be addressed and there are a lot of them,” Palmer said.
Palmer said the city’s floodplain ordinance needs to be updated to the minimum required for compliance with the National Flood Insurance Program (NFIP).
“Right now, we’re not even at the minimum compliance that we need to be with the NFIP. We had to do minimum updates that should have been done a year ago or two years ago,” he said. “The issue that we’re having now, and this comes into play when we talk about looking into our pools and impervious surfaces and stormwater mitigation and making changes, is that our governor pushed to have SB 180 and it prohibits governments from putting any more restrictions on regulations during the time period until October 2027. Anything we do, quite honestly, would be more restrictive and we’re not allowed to do that. Our hands are tied with a lot of things.”
SB 180 prohibits local governments from enacting restrictive regulations through comprehensive plans and land development regulations.
Palmer said the reason that is problematic for the city is because there is a major FEMA audit coming up in April 2026.
“That ordinance needed to be done in order for us to meet the minimum requirements,” Palmer said. “FEMA understands that the state’s throwing a wrench in this because we can’t make anything more restrictive, so we’re at a standstill with the floodplain ordinance.”
He said the city’s FEMA consultant is waiting to hear from the agency for guidance.
“Until Tallahassee makes changes or until the time runs out in 2027, then we’re allowed to do some of the things that have piled up, but we just can’t do them right now,” Mayor John Chappie said.
Another item that Palmer said needs to be addressed is that the city’s comprehensive plan needs to be updated by a June 16, 2026 deadline.
“The city’s comp plan needs to comply with certain regulations which we’re not doing right now,” Palmer said.
“A review of stormwater mitigation and practices – we have that on our list, but again we cannot make any changes,” he said.
Palmer said general amendments to the city’s Land Development Code (LDC) are also needed.
“Since I got here and have gotten up to speed, we’re finding that it really needs to be cleaned up a lot,” he said. “Definitions are missing, definitions need to be modified or tightened up. We’re finding that when somebody wants to develop something, we may have an idea what the intent of it is, but the verbiage isn’t there for us to enforce it.”
“For us to take on all these other projects that need to be done it’s going to be a lot of work, so they need to be prioritized,” Palmer said.
Since the beginning of 2025, the building department has issued 778 permits, an increase of 69% over the previous year, and has conducted approximately 1,800 inspections, according to Palmer.
“Right now, we’re dealing with approximately 10 major development projects all at different phases of submittal and that’s taking up a lot of time,” he said.
Palmer said some of those applications are incomplete at this time. He said it may be months before the Planning and Zoning Board would consider a major development project.
According to Palmer, those potential projects, which are at various phases from design to submittal, are:
BRADENTON BEACH – Thirty two-year Gulf Drive resident Lynne Budzinski did not leave her home during the 2024 hurricanes, but this year she is well-prepared to do so if necessary.
Budzinski, who has five parrots at her home, has their transport cages ready to go in the event of a future evacuation.
“Here’s something people need to think about. Evacuating for a storm is not going to visit friends for a day or two,” Budzinski said. “You go because you think you may have nothing left when you come back. If you think you won’t have anything left, you have to take what you need to get by for at least a month or so. For them (the parrots) that means the big cages.”
Lynne Budzinski’s parrots will go with her if she evacuates for a hurricane. – Leslie Lake | Sun
She said she began getting ready in August, by constructing smaller hurricane transport cages. The larger cages will be disassembled for transport and then reassembled.
“So, once they go in those little cages I have to come in here and take these apart and they have to go out also, that’s a day,” Budzinski said. “I have a place in town I can go. It would be me and five birds. I can’t take the larger birds in their big cages. If a storm comes, I have to clear my van out to get the birds and their cages in there.”
“I can do an evacuation by myself,” she said. “You have four or five days max to get it all done.”
Reflections on 2024 storms
“You know how they say the sound of running water is soothing? Not when it’s going by your window,” she said.
Budzinski said water was at her door during Hurricane Helene, but never came into the house.
“There was one point about 10 o’clock I asked myself, ‘Have I made a horrible mistake by staying?’ ” she said.
“I came out the next morning, I had two cars sitting here and they both started,” she said. “Everything had this slick sort of slime. It was so slippery. It was like walking on greased glass.”
With declining water pressure, Budzinski said she spent the first day after the storm hosing her yard down.
She said the sand in the alley behind her house was about 2 feet high, and she dug a ramp to get the cars up and cleared the entry.
“Mother nature dumped a sand bar on us,” she said.
Budzinski opened an accessory apartment in her home to friends who were unable to remain in their homes.
She said her asthma symptoms became worse following the hurricanes.
“It got to where I couldn’t… it was so hard for me to walk around my house without resting,” she said. “This was due to the stress.”
Preparing for future storms
“Unless they’re predicting a direct hit, I won’t be leaving,” she said. If it’s coming up the coast, I’m not going to bother.”
She has 12 2-liter bottles filled with ice, so as they melt, they can be used as drinking water.
Her storm shutters are ready on the ground next to the building.
She is prepared for power outages.
“In that situation if your power goes out and you have a lantern, get a big piece of white paper and hold it behind it, as a reflector,” Budzinski said. “You can light an entire room off of one lantern.”
BRADENTON BEACH – City Attorney Ricinda Perry maintained at a Sept. 16 work meeting that she was not provided proper notice or adequate time to prepare a response to allegations that she had named Drift-In owner Derek Williams as the source of a violation complaint against a neighboring business.
The meeting was called to discuss “City Attorney Performance” based on reports that Perry named Williams as having made a complaint to the Florida Department of Environmental Protection (FDEP) against the Anna Maria Oyster Bar (AMOB) for three over-water tiki structures. Williams subsequently made a public records request to the agency and the response from FDEP was that there was no complaint filed, instead, the violation was seen during a routine inspection for the city’s submerged land lease renewal.
“At the most recent meeting (Sept. 4) I addressed the commission and more specifically Attorney Perry about the accusation that ‘Derek Williams filed a complaint with the Florida DEP about the city pier,’ Williams wrote in a Sept. 9 email to Mayor John Chappie and Police Chief John Cosby.
Williams included the email response from FDEP Public Information Specialist Brian Humphreys, which stated, “I’m in receipt of your request for public records regarding 200 Bridge Street, Bradenton Beach, FL. I checked with our staff who advised we are unaware of any complaints received for that site, so I have no complaint records to share with you.”
That correspondence triggered the Sept. 16 meeting.
The Bradenton Beach City Commission discussed the possibility of dismissing the city attorney. – Joe Hendricks | Sun
“I wanted to bring this before the commission to see what kind of direction, to see what your questions are for Mr. Lincoln,” Chappie said. “We have the backup material that has been provided from the meeting on Sept. 4, we have the email from Mr. Williams on Sept. 9 and we will be bringing into the record the public comment from Mr. (John) Horne.”
Attorney Robert Lincoln spoke on behalf of the city at the Sept. 16 meeting. He referenced an email Perry sent to Chappie on Sept. 15.
Serving as special counsel to the city, attorney Robert Lincoln said the city doesn’t need to show cause to dismiss a charter official. – Joe Hendricks | Sun
That email stated in part: “The notice for this meeting was posted on Friday afternoon, Sept. 12, 2025. There is no stated emergency necessitating an expedited meeting.”
She noted that the Sunshine Law requires that meetings of collegial public bodies be open to the public and preceded by reasonable notice.
“Last minute Friday notice for a meeting for two business days later concerning the performance of a charter officer does not satisfy those standards,” Perry wrote, and requested that the meeting be rescheduled with “reasonable advance notice and an agenda that identifies the specific topics to be discussed.”
“Should the meeting proceed as scheduled, I object to proceeding on the current notice and reserve all rights and remedies available under Florida law,” Perry wrote.
Lincoln said there are cases in which 72 hours of weekend notice of a special meeting are sufficient.
“To the extent that you have a workshop today to discuss her performance, I don’t think there is any question that was adequately noticed,” he said.
Lincoln said the notice issue could be subject to challenge and recommended that if the commission chose to take formal action, it might be better done at a later meeting.
“I think it would address the issues Ms. Perry raised not only on the Sunshine Law, but on the question of fairness,” Lincoln said. “The commission by majority vote can terminate her but can make that decision any time. I think that the agenda that the mayor laid out provides for a workshop discussion.”
Perry speaks
“Mayor and commission, I’m not going to regurgitate the correspondence that’s in your file. I have retained Michael Barfield, who is a pre-eminent expert on Sunshine Law and public records. When I generated that correspondence it was after conferring with Mr. Barfield,” Perry said.
She said she and Barfield agreed that it would be improper to proceed at the Sept. 16 meeting.
“What the city has always done is take the strongest position on transparency possible, has always taken the most cautious approach as possible when it comes to public meetings and public records,” Perry said. “I would expect that this proceeding for someone who is in the 21st year of service to the public as a charter official to have that same measure.”
She said it was unreasonable to provide her with just two days to respond to the allegations and work with Barfield to produce an adequate response.
“To parade me in front of the public, in my opinion it’s not just my rights that I’m asking the city to protect, but it’s future department heads and government officials. They’re entitled to more than two business days to have a clear and open discussion that the public is entitled to,” Perry said. “I’m sure everybody wants to hear both sides of what’s going on. In my opinion (the newspapers) saying there is going to be a meeting, that is not sufficient notice.”
Perry said she deserves an opportunity to adequately put together the records that are needed and was not prepared to address the allegations in a substantive fashion.
“I have hired an expert to do that, and I would like an opportunity to make my case,” Perry said. “My notice was the same notice the public received, an agenda packet. How is that reasonable?”
Public comment
A letter in support of Perry from AMOB CEO John Horne was read into the record.
The letter stated in part: “I wish to extend my deepest appreciation for the tireless efforts of our city attorney. Her leadership and commitment during the recovery effort for Bradenton Beach residents and merchants cannot be overstated.”
The positioning of the Anna Maria Oyster Bar’s small tiki structures prompted a FDEP violation letter. – Joe Hendricks | Sun
“I just want to say that it’s very discouraging that we’re to this point,” said Helena Williams, co-owner of the Drift-In. “One thing we noticed early on is the uncanny way local business and property owners are pitted against each other.
“Lawyers are to be held to a higher standard,” Williams continued. “Ethics and morals matter. There is a reason we are being dragged into this. We’ve asked some tough questions. We deserve honest answers. Help us remove our doubt and stop the lies.”
Gayle Luper, owner of Bungalow Beach Resort, said Perry continued to be involved in her dispute with the city despite Lincoln being appointed to conduct the hearing for Luper’s petition to allow resort fee-based parking.
“For the city to move forward, Ms. Perry’s role should end. I’m asking you to terminate her,” Luper said.
Drift-In owner Derek Williams mentioned the city attorney’s recent comments about a FDEP violation letter. – Joe Hendricks | Sun
“I don’t understand why I’ve been treated the way I’ve been,” Derek Williams said. “This is damaging and defaming to me and my family and the things we’re trying to do.”
Longtime Bradenton Beach resident Jim Hassett expressed his support and appreciation for the city attorney. – Joe Hendricks.
Ryan Davis and Jim Hassett spoke in support of Perry and her efforts following the hurricanes.
Commission comments
“What she’s done for the businesses and the city I would give her an A+,” Commissioner Jan Vosburgh said.
“She has the right to defend herself or to clear her name,” Vice-Mayor Deborah Scaccianoce said. “Any decision we make should be an informed decision, not a one-sided decision. I don’t have any documentation to negate or support anything. It’s not fair to Derek and what he’s told us and it’s certainly not fair to Miss Perry.”
Commissioner Scott Bear said Perry has done great work for the city after the hurricanes.
“We have information that was provided that looks pretty damning, but I honestly don’t think providing two days’ notice for Ricinda to properly provide a response is enough, so I don’t think we should be making any decisions today,” Bear said. “What I’d like to understand is who Ricinda talked to at DEP. I’d like to talk to those people to find out what the conversations were. I’d prefer that she be given time to provide a response.”
Commissioner Ralph Cole said more information is needed.
“I have no information for the reason for being here, other than one letter and the minutes of the meeting, which don’t accuse one particular person of anything,” Cole said. “The minutes say somebody or someone, there’s no name mentioned. I think everybody has the right to defend themselves, one side or the other and to see exactly why someone wants me to fire the city attorney. I would agree we need to prolong this.”
Chappie said he agreed with the commissioners and said individual rights need to be protected.
“I agree we need to give her more time,” Chappie said. “It’s tough. I know it’s tearing Ricinda apart and it’s tearing the city apart. We can set a time for the next meeting.”
No meeting date has yet been set.
The meeting video can be viewed in its entirety here.
BRADENTON BEACH – City commissioners unanimously approved an amended easement agreement regarding the Drift-In property at a July 17 meeting.
The Drift-In had been operating under its temporary use permit, issued on March 20, pending final resolution of conditions that included completing a final easement agreement and legal description to be brought back to the commission for final approval.
Attorney Robert Lincoln, representing the city, spoke by telephone to the commission.
“When you approved the major development plan, you approved a concept for a change in the easements that have been previously granted by the prior owners to the city for basically sidewalks and landscaping,” he said.
The agreement that had been proposed was an easement swap between the Drift-In and the city.
Lincoln said the Drift-In is providing an additional easement area along the east end of Bridge Street and wrapping the building to go down Church Street. The city is releasing some of the depth of its easement area.
“What we’re now doing is bringing the actual amended easement back, release the original easements, replace them with the new easements and have the legal description that reflects the agreement that was offered at the prior hearing to change that configuration at the west end,” Lincoln said. “Given that we didn’t have the full legal description and therefore the full easement agreement in front of you last time, we felt that to make sure that everyone was happy today and 20 years from now we would bring it back to the commission for an official vote of approval and authorization for the mayor to execute on behalf of the city.”
Vice Mayor Deborah Scaccianoce said she had hoped there would have been a survey showing the location of the easements in addition to the legal description.
“The easement graphic is complicated, and we were concerned about recording it in the actual agreement because the quality degrades,” Lincoln said.
City Attorney Ricinda Perry, who called in to the meeting, said she would have hoped there would be an overlay showing the new easement versus the old easement.
“I want to make sure the landscaping is actually going to fit,” Perry said. “The language as I’m reading it, it says it was south of an existing concrete sidewalk, and I know that the landscaping area is beyond the sidewalk. I’m not understanding the legal description versus what you would normally have a sketch. I think everybody should be extremely clear before deciding on this and give away rights, where your easement actually lies and where the landscaping is.”
Attorney Scott Rudacille, representing Drift-In owner Derek Williams, speaks to commissioners during discussion of an easement agreement. – Leslie Lake | Sun
Attorney Scott Rudacille, representing Drift-In owner Derek Williams, showed sketches depicting both the existing and proposed easement areas to commissioners.
“The easement does run along the back of the sidewalk,” Rudacille said. “The landscaping that’s included is the landscaping within the pork chop there on the west side and all the landscaping that runs along the front of the Drift-In.”
“When we had our meeting that was the way I understood it, it was the edge of the sidewalk,” Mayor John Chappie said. “What was being offered was to the back of the sidewalk only. Where the sidewalk is now, and the pork chop area is part of the new easement.”
BRADENTON BEACH – So far, 33 hurricane-damaged homes have been demolished citywide since the 2024 hurricanes, two are permitted for demolition and building officials are now focusing on the removal of three more that do not yet have demolition permits.
The three properties are on the south end of the city at 104 10th St. S., built in 1930, and 801 Gulf Drive S. and 100 Ninth St. S., both built in 1949.
“After Hurricane Milton in October, we had numerous homes that needed to be torn down that were over 50% damaged,” City Code Enforcement Official Evan Harbus said at a July 17 city commission meeting. “We did give them plenty of time, but we are getting letters out and we are on it.”
At recent city commission meetings, Bradenton Beach Police Chief John Cosby noted that homes that were built up to current codes sustained very little damage, while the older ground-level bungalows did not fare as well against the storm surge from Hurricane Helene and the winds from Hurricane Milton.
The hurricane-damaged home at 103 12th St. S., around the corner from the house at left, also has a demolition permit. – Leslie Lake | Sun
Two other hurricane-damaged properties, 103 12th St. S. and 1201 Gulf Drive S., have been issued demolition permits with removal of those homes imminent, Harbus said.
“The yellow house, the one that’s leaning, I’ve been working with the gentleman that owns it, and he has been trying to salvage whatever he can out of there,” Harbus said. “He’s devastated and we’ve given him some leniency to get windows and certain things out of that property but hopefully within a week, or two or three we will see that house removed.”
The former home at 1201-A Gulf Drive S., a 1930 739-square-foot bungalow, sustained extensive damage when floodwaters lifted it off its foundation and it floated down 12th Street during Hurricane Helene. That property was demolished in October.
BRADENTON BEACH – Manatee County and Bradenton Beach officials discussed lengthening the eastbound merge lane on Cortez Road to improve traffic flow at the intersection of Cortez Road and Gulf Drive at a June 18 joint meeting.
“The state owns the property and from informal discussions we’ve had with FDOT (Florida Department of Transportation), they don’t have the money for it, but if the city, county, private people could work together to at least acquire the land or easements, the state could allow the city or county to work on improvements in that right of way or accept it for maintenance later,” Manatee County Deputy Director of Public Works Clarke Davis said.
“If the city were receptive to trying to make that right turn lane longer, leading up to that point, it would need a little bit of frontage of all the properties leading up to it on Gulf Drive,” he said. “If all the pieces fell the right way, there should be a way to lengthen that turn lane by at least a couple hundred feet which might provide some relief for traffic at that intersection.”
Davis said such a project would require the city’s support.
“I would like to comment on the intersection of Cortez and Gulf and the idea of possible eminent domain or condemnation,” Mayor John Chappie said. “The city commission discussed this at our last meeting and we’re not commenting with regard to that until the Complete Streets Project is complete and also the Anna Maria Island Barrier Island Study to see what they come up with and we’ll decide our position.”
Chappie added, “I will tell you over the decades I’ve been around, the city commission has always been in opposition to eminent domain on anybody’s property.”
Chappie said growth on the mainland is contributing to traffic congestion on Anna Maria Island.
“I think we need to pay more attention not just what’s happening on the Island, but on the mainland, in particular with what we’re going to be facing pretty quick at the corner of 75th and Cortez Road and the 8,000 units, there’s a lot going in there and a lot of people are going to want to be coming down Cortez Road to go to the beach,” he said. “I’m hopeful that someone will come up with some ideas to reduce some of the traffic and the ability for those people that live there to be able to come out to the Island.”
Bradenton Beach Commissioner Ralph Cole suggested adding slow-speed vehicle lanes to Cortez Road and Manatee Avenue to accommodate those on golf carts and electric bikes.
“Cortez Road is wide enough that you could have a slow-speed vehicle lane going all the way up to 75th Street so that people could come from in town in their low speed vehicles and make it all the way down to the Island,” Cole said. “You could also incorporate pull-over spots if we really thought about it, if you’re driving down Gulf and holding traffic up and the bike lane is perfectly clear you could slide over and let traffic pass you.”
“Everybody is always trying to come up with a traffic solution for the island,” he said. “It’s probably one of the best ones and you could do it on Manatee Avenue too. Electric vehicles are evolving and we need to adapt. We’ve got the opportunity right now. You’re building a bridge and you’re widening the road. Now’s the time.”
BRADENTON BEACH – City commissioners discussed the current city ordinance prohibiting the digging of holes on public beaches at the June 5 meeting.
“This was brought up by (Manatee County Natural Resources Director) Charlie Hunsicker a couple of weeks ago at the coalition of Barrier Island Elected Officials meeting,” Mayor John Chappie said.
Holmes Beach has since passed a city ordinance prohibiting digging holes on beaches within the city’s limits.
“One of the things that was brought up to me is that it would be nice to have all of the three cities with a very similar if not the same ordinance,” Chappie said. “People don’t know when they’re crossing into different cities.”
The Holmes Beach ordinance prohibits removal of sand or shell and digging on the beach and states in part, “No person shall possess on or about the sandy Gulf beach a metal shovel of the type customarily sold in a hardware store (not a children’s toy) unless part of a (permitted) construction project.”
Chappie said the Bradenton Beach prohibition does not apply to kids digging with small beach shovels but is intended to prevent injuries to people and entrapment of sea turtles caused by larger holes.
“This is dealing with having big garden shovels out there or as somebody phrased it, as ‘an overexcited father with his kids digging a huge hole’ and then they don’t fill them back in and somebody could trip and get hurt,” he said.
Chappie said he recently received an email from a man who wrote that his wife was in the hospital after falling into a large hole at the beach.
“She hurt herself pretty badly apparently, so I think it is needed,” he said.
City Attorney Ricinda Perry said the city already has a city ordinance on the books which prohibits digging on the beaches and beach accesses.
Perry referred to Sec. 46-36 – Removal of Natural Resources – under city ordinance number 08-404 which has been in place since 2008.
“No person in a park shall dig, remove or displace any beach sand, whether submerged or not, or any soil, rock, stone, tree, shrub or plant, down timber or other wood or material, or make any excavation by tool, equipment, blasting, or other means or agency,” that section states.
The ordinance states, “Park means a park, golf course, playground, beach, recreational center or any other area in the city, owned or used by the city, and devoted to active or passive recreation.”
“If you look at it, I don’t see the need to do anything more,” Perry said. “We have something on the books that prevents this from happening.”
The 2008 Bradenton Beach ordinance doesn’t limit or specify the depth of a hole that can be dug in the beach sand. The Manatee County, Holmes Beach and Anna Maria ordinances limit the depth of a hole dug in the beach sand to 1 foot.
Penalties and enforcement
“If a code enforcement officer from the county or somebody from the city is around at the right time and place, that’s when enforcement is going to happen, but our guys are not going to be out there looking for it,” Chappie said.
Commissioner Scott Bear asked if the city could assess fines for violations.
Perry said there is nothing in Holmes Beach’s proposed ordinance that provides for fines but said she and Bradenton Beach Police Chief John Cosby have been discussing city-wide penalties and modifications as they relate to code enforcement and traffic violations.
“If you don’t write it in the ordinance then it’s subject to difficulty applying a penalty for it,” Perry said. “The penalty that’s in the code that’s applicable is any person violating the provisions of this article shall be subject to expulsion from the park.”
She said the city has concurrent jurisdiction on the beaches with Manatee County.
“If they (Manatee County) have an ordinance with a fine associated with it, then we can have that particular fine be applicable,” Perry said.
A person convicted of violation of this code could receive a fine of not more than $500, she said.
“The way I see this, the city could issue a ticket like we do with turtle lighting issues and some other irreversible harm and add this to the ticket book for removal of sand, but it can’t exceed $500 per incident.”
Cosby said city fines and possible increases will be discussed at a Wednesday, June 25 city budget meeting.
BRADENTON BEACH – In the aftermath of large holiday crowds on the Island and at the request of Police Chief John Cosby the city commission approved a declaration of a local state of emergency for July 4-6.
“It’s not that there’s anything wrong, but we’re trying to be proactive,” Cosby said. “I need to be able to put people on call and pay out some extra overtime and there are some requirements in our emergency ordinance so I would like to activate that.”
According to the city’s emergency ordinance, the commission may approve “Performance of public work and taking whatever prudent action is necessary to ensure the health, safety and welfare of the community.”
Cosby noted that on Memorial Day a lot of people were trying to get to the Island and were disregarding “no parking” signs.
“We’re ticketing and they’re laughing at our $75 ticket so that’s something we are going to discuss at the budget meeting,” he said.
The declaration states, “As Mayor of the City of Bradenton Beach, pursuant to the authority vested in the office of the mayor by virtue of Article II, Section 3, of the charter of the city of Bradenton Beach in order to ensure compliance with emergency preparedness declare a state of local emergency that will continue for three days… This local state of emergency includes all of the city of Bradenton Beach.”
“I appreciate everything you do and I know these holidays are extremely rough on your guys,” Mayor John Chappie said. If there’s anything we can do to help you and your police officers we will do that.”
BRADENTON BEACH – City commissioners conducted a May 19 work meeting as they continue working toward fulfilling the program requirements to receive county-controlled Community Development Block Grant disaster relief funds.
In January, Manatee County was identified as a direct recipient of CDBG-DR funds to address unmet needs resulting from Hurricanes Debby, Helene and Milton in 2024.
“Lasting Manatee” is the name of the Manatee County allocation program that will distribute the $252.7 million Community Development Block Grant Disaster Recovery (CDBG-DR) grant the U.S. Department of Housing and Urban Development (HUD) awarded the county.
Bradenton Beach commissioners previously met with Manatee County Grants Manager Michelle Davis on May 8 to learn more about the CBDG-DR funds to be shared with the municipalities in Manatee County, including the three Anna Maria Island cities.
The funds for specific storm-related projects are to be allocated in proportion to each city’s percentage of the total county population, which is currently 441,095 residents. With 916 residents, Bradenton Beach will be allotted .21% of the $252.7 million awarded to the county, which equates to $530,069 for the city.
The program requirement timeline is:
Allocation of unmet needs: current
County commission approval of draft action plan: May 20
Draft action plan published for public comment: May 21
Public hearings for comments and feedback: May 21-June 20
Submission of action plan to HUD: June 20.
“This is our road map for the next several years,” Mayor John Chappie said.
Commissioner and CRA Chair Scott Bear updated the commission on the project and priority list for the city. He said the first issue would be undergrounding the electrical lines in the portions of the city where that has not yet been done.
“The second one was the Bay Drive resiliency and shoreline protection that was brought up at the previous meeting,” Bear said. “The next one is there were some issues about the sand and inlets getting inundated – here’s a filter system you can install to prevent the pipes from clogging.”
Bear said even if the project costs exceed the allocated $530,000, the city may have options to pursue additional grants to help fund those projects.
“We’re just trying to get the most done in the city with the funds that we are expecting,” Bear said.
Police Chief and Public Works Director John Cosby asked the commission to consider including existing issues in the city’s priority list.
“I’d like to look at correcting the (drainage) issue at 24th street. I’d like to look at cleaning all these dams out. I would also like to reconfigure the piping on Bridge Street so the street properly drains,” Cosby said. “I’d hate to see us start a new project when we already have issues. I think we should correct these first before we try to go out and do anything else.”
Cosby said not everything should be based on hurricane flooding.
“I’m talking more about those sudden downpour storms in the summer that cause all this backup,” he said.
“I know Helene was one of the biggest tidal surges we’ve had since 1921, but if everything was built up in the right way we could minimize some of the damage,” Commissioner Ralph Cole said. “12th Street North is a hot spot as far as the water running though there. All that sand, with the rocks and everything piled in there at the end of the street, blocked that totally; and when it rained afterwards in the next event, it flooded real quickly. It’s just like the one on Bridge Street – opening up the pipe and putting the drainage back.”
“We’re only really dealing with, at a maximum, $530,000 and we talked at our last meeting about trying to get the biggest bang for the buck,” Chappie said.
“I would like to see us take some of this money and fix some of these problems that were created by erosion and the storm,” Cole said. “It will help for resiliency next time.”
Bear said the list of projects was essentially a wish list to be submitted for county review the following day and a motion to approve the city’s project category list for the CDBG-DR funding was passed unanimously.
Learn more about CDBG-DR funding at the Lasting Manatee webpage.
AMI Chamber Business Card Exchange and Anna Maria Island Historical Society Pat Copeland Scholarship Awards, Anna Maria Island Historical Museum, 402 Pine Ave., Anna Maria, 5-7 p.m., $5 for members, $10 for prospective members.
Friday, April 25
Arbor Day tree plantings:
Bradenton Beach at Bridge Street west roundabout and Gulf Drive; ribbon cutting of sabal palm, native shrubs and ground cover. 10 a.m.
Holmes Beach at 34th and Sixth Avenues; planting of Jamaican caper tree or fiddlewood. 11 a.m.
Anna Maria at Villa Rosa Park, South Bay Boulevard; planting of green buttonwood. Noon.
Annie Silver Community Center at 103 23rd N. Bradenton Beach; planting of mahogany tree, sabal palm and silver buttonwood; meet your county forester with hot dogs, brats and refreshments. 12:30-1 p.m.
Saturday, April 26
Reel for Rotary fishing tournament. Benefit for disaster relief efforts in Cortez village, support of “Learn to Swim” program and programs at Anna Maria Elementary School. Registration at ianglertournament.com.
BRADENTON BEACH – In a Jan. 24 letter, City Attorney Ricinda Perry outlined the city’s reasons for the Jan. 21 suspension of Building Official Darin Cushing and is asking his employer to provide a replacement for the city.
The letter, which was addressed to Matthew Causley, president of M.T. Causley, was shared by email with city officials and The Sun. M.T. Causley is a subsidiary of SAFEbuilt Inc. and provided Cushing’s contractual building official staffing to Bradenton Beach.
The city’s reasons for what Mayor John Chappie characterized as Cushing’s “temporary suspension,” center around the Building Official’s approval of a permit for construction of a tiki hut structure at Drift-In on Bridge Street as well as various social media posts.
According to Perry’s letter, “The project at issue was for the Drift-In located on two parcels at 120 and 122 Bridge St. The project on the 120 Bridge St. parcel consisted of an outdoor structure that Mr. Cushing determined was a Chickee Hut, exempt from the Florida Building Code pursuant to Section 553.73 (10) Fla. Stat. He approved the structure with the following notable issues:
1. 450% larger (24’x54’) than the prior structure (13’x15’+3’ overhang);
2. Decreased parking spaces that were previously part of the site;
3. Allowed the replacement structure to be placed back into an easement granted to the City; and
4. The “Chickee Hut” contained non-wood features such as nails, screws, a concrete floor, outdoor bar, stage area, as well as electrical and plumbing work incorporated into the structure.
These proposed improvements fall outside of the Section 553.73 (10) exemption.”
On Jan. 21, Mayor John Chappie and Perry met with Cushing. Perry’s letter states that Cushing was asked about the intent and purpose of public comments he made on social media and said that instead, Cushing redirected the conversation to the tiki hut permit.
According to Perry’s letter, Cushing stated at that meeting: “I’m out. I’m requesting to be out of here. I want to tell SAFEbuilt to send another different building official here. They’ve already got a position for me elsewhere. So, it’s because now it feels like a hostile working environment.”
At that point, the letter states that Chappie advised Cushing he was suspending his service and would be contacting M.T. Causley for a replacement building official.
The city commission approved Cushing’s contract as building official on Jan. 23, 2024. He has been a licensed building official since 2005.
Cushing declined to comment on Perry’s letter.
Perry’s letter cited the following reasons for Cushing’s temporary suspension:
ULTRA VIRES ACT (ACTING OUTSIDE THE SCOPE OF AUTHORITY)
“The city is of the opinion that the issuance of an administrative development approval to Drift-In, for the installation of a structure that Mr. Cushing deemed to be a Chickee Hut, as exempted by Florida Statutes, was improperly categorized as such, and should not have been approved until a major development hearing was conducted by the Planning and Zoning Board and City Commission.”
Perry wrote that Cushing’s administrative approval of the structure was outside the scope of his authority, and he failed to adhere to the municipal laws in the city’s Land Development Code.
According to an exhibit attached to Perry’s letter, Cushing stated in a social media post, “It was approved administratively and needed no more than that. But others aren’t getting their way (or that property) so I’m being asked to pull back my approval and force the owner to go through a ridiculous set of processes.”
DISREGARDING DIRECTION FROM MAYOR
“Mayor Chappie proactively advised Mr. Cushing to refrain from issuance of any permits immediately following the approval of a demolition permit for the property at 122 Bridge, because of active legal discussions between the city attorney and the attorney for the Drift-In,” the letter states.
The letter states that Cushing issued the administrative development approval without informing anyone in the city.
“Upon seeing redevelopment work and repairs at the Drift-In on Dec. 13, 2024, Mayor Chappie immediately contacted Mr. Cushing by phone and in writing to advise him of a number of concerns that he had in order to protect the city stating, ‘“[t]he Cities [sic] Land Use Right and the Drift-In’s Land Use Rights must be protected, and proper policy and procedures must be followed. The City must operate in accordance with the policy mandates of the Commission. All proper documentation must be in place to protect the city from any FEMA issues and the Cities [sic] easement issues must be addressed by the commission prior to any additional work.”
A copy of the written notice from Chappie was attached to the letter.
“Mr. Cushing disregarded all advice given by Mayor Chappie,” the letter states.
FAILURE TO ADHERE TO PROCEDURES AND NOTICE TO REVIEWING AGENCIES
Perry’s letter stated: “The failure to notify any of the reviewing agencies i.e. WMFD (West Manatee Fire District) violated the procedures of the Building Department and came at a cost to the property owner. Mr. Cushing did not provide any information nor the plans for review to the West Manatee Fire District (“WMFD”), the City of Bradenton Beach Police Department, nor the City of Bradenton Beach Public Works, as required in the approval process.”
“During a 12/19/24 Commission Meeting where an update was provided on the Drift-In matter, a directive by the city commission to notify WMFD was directed to Mr. Cushing, who made the following statement: “I know the Fire Marshal is aware of the situation, but I will bring this new information to him today and see if he needs to put an approval on it. However, during the WMFD meeting a month later on 1/14/25, Chief Rigney and Fire Marshal Kwiatkowski stated that they learned of the Drift-In project through social media and had not been provided any municipal notice, nor a copy of the permit application. The Fire Marshal was obligated to red tag the property and found that the thatched roof was in violation of the standards and regulations promulgated by the District. Accordingly, the new roof would have to be removed and replaced with synthetic thatched materials, which may have been avoided with notice to WMFD.”
According to a social media post attached to Perry’s letter, Cushing had written, “I will take ownership of not routing to WMFR, but the Fire Marshal and I immediately had a conversation about it and agreed on a game plan. Then he came out and red tagged it, at whose direction? The whole thing stinks to me… I may be wrong… but I’m usually not.”
FAILURE TO ADHERE TO AND PROTECT THE INTEGRITY OF FEMA/FLOODPLAIN POST-STORM EVENT
“The cessation of securing a permit for property improvements/repairs at 120 Bridge St. violates a number of policies of the City, the Land Development Code, and, in light of the post-hurricane floodplain/FEMA compliance, likely violated the substantial damage and substantial improvement procedures,” Perry stated in the letter.
“As noted by the Fire Marshal on 1/14/25, the second structure located at 122 Bridge St. had undergone extensive renovations including electrical, plumbing, restroom reconfigurations, windows, doors, concrete, painting, flooring, HVAC work. No permit was required by Mr. Cushing for any of the work until a meeting with WMFD, wherein the City Attorney and the WMFD Fire Marshal requested for one to be applied for and reviewed by the Building Department and the appropriate agencies,” Perry’s letter states. “As directed by FEMA Floodplain Management and Insurance Specialist, Braydon Williams from the U.S. Department of Homeland Security, every single improvement to any property, including minor repairs such as repainting an interior wall, triggers the need in a post-storm event for a permit in order to properly and legally capture substantial damage and substantial improvement matters. Failure to do so is grounds for non-compliance and audits.”
SOCIAL MEDIA
“The actions of Mr. Cushing to engage in salacious social media postings with slang profanity terms is improper and harmful to the City of Bradenton Beach. The City is aware of no less than half of a dozen comments on social media that contained factual misstatements, made declarations adverse to the best interest of the City, incited the public against the City, and made statements that could be taken as threats against the City ‘[s]o when it all hits the fan, be prepared to get some on your face!’,” Perry’s letter states.
She stated that one additional posting by Cushing pending his temporary suspension casts a negative light on the City of Bradenton Beach.
“I requested the assistance of Paul Featherston to address any written or verbal statements by SAFEbuilt, M.T. Causley or its agents that could be defamatory in nature with the public or press. We would again emphasize the importance of maintaining a level of professionalism that does not negatively impact the reputation of the City or SAFEbuilt/M.T.Causley,” Perry stated in the letter.
Featherston is the West Coast/Central Florida Regional Operations Manager at SAFEbuilt.
THE CITY’S REQUEST FOR REPLACEMENT BUILDING OFFICIAL
“Mayor Chappie has contacted Mr. Featherston each day this week since Mr. Cushing has left the service of the city and has been advised that options are very limited,” Perry’s letter states. “Time is of the essence—especially in the aftermath of the two storm events that greatly impacted our community. If SAFEbuilt is unable to provide the services needed and contracted for by the city, please advise immediately.”
